1. These rules establish mandatory requirements At the conclusion of housing owners by a housing cooperative or other specialized consumer cooperative (hereinafter - partnerships and cooperatives) or managing organization with resource-supplying organizations of energy supply contracts (purchase and sale, supply of electrical energy (power)), heat supply and (or) hot water supply, cold water supply, drainage, gas supplies (including domestic gas supplies in cylinders) in order to ensure the provision of owners and users Premises B. apartment house or residential building (hereinafter - consumers) communal Services The corresponding view and acquisition of utility resources consumed in the content of common property in an apartment building (hereinafter referred to as the resource supply agreement). from 26.12.2016 N 1498)

2. The concepts used in these Rules mean the following:

"Outdoor Engineering Systems" - which are common property of the owners of premises in an apartment building Engineering communications (networks), mechanical, electric, sanitary and technical equipment, intended for submission of utility resources from centralized engineering and technical support networks to intravartic equipment, as well as for production and provision by the performer by a communal heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply);

"Artist" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur, which is entrusted with a duty to maintain common property in an apartment building and (or) communal services in cases if the management agreement is a multi-apartment house, including a partnership agreement or cooperative with the management organization, or the charter of the partnership or the cooperative entrusted with the obligation to provide utilities to consumers; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

"Communal Services" - implementing a contractor to consumers to consumers of any communal resource separately or 2 and more of them in any combination in order to ensure favorable and safe Conditions use of residential I. non-residential premisescommon property in an apartment building as well land plots and located on them residential buildings (households);

"Communal Resources" - Cold Water, Hot Water, Electric Energy, Natural Gas, Heavy Energy, Household Gas Ballons, Solid Fuel (in the presence of furnace heating) used to provide utilities to consumers, as well as cold water, hot water, electric Energy consumed when the content of common property in an apartment building. Equel waters assigned to centralized engineering and technical support networks are also equal to utility resources, including in order to maintain common property in an apartment building; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

"Resource Consumer Organization" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur who sell utility resources (wastewater discharge); (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

"Centralized Engineering and Technical Support Networks" - a set of pipelines, communications and other structures intended for submission of utility resources to domesticated engineering systems (Wastewater leads from outdoor engineering systems). (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

In settlements, urban districts related to the price zones of heat supply in accordance with the federal law "On Heat supply", under the quality of the communal resource - thermal energy, the quality of heat supply and parameters reflecting the permissible breaks in heat supply, determined in accordance with Federal law "On heat supply" and the rules for organizing heat supply in Russian Federation, approved by Decree of the Government of the Russian Federation of August 8, 2012 N 808 "On the organization of heat supply in the Russian Federation and on amending some of the acts of the Government of the Russian Federation" (hereinafter referred to as the rules for the organization of heat supply). (as amended by the Decree of the Government of the Russian Federation of 05/22/2019 N 637)

3. Resource's contracts are established in the manner prescribed civil law Of the Russian Federation, taking into account the characteristics provided for by these rules.

4. The management organization, a partnership or a cooperative, which, in accordance with the Department of Department of Management, an apartment house, including a partnership or a cooperative with a management organization, or the charter of a partnership or a cooperative is entrusted with a duty to maintain common property apartment house and (or) to provide utilities to consumers, refer to a resource-supplying organization to conclude a resource supply contract for the acquisition of an appropriate communal resource in order to provide a communal service and (or) consumed in the content of the total property of an apartment building, including in the cases provided for in paragraph 21 ( 1) of this Regulation. from 29.06.2016 N 603, from 26.12.2016 N 1498)

5. The Contractor sends an application to a resource-supply organization (offer) on the conclusion of a resource supply agreement (hereinafter referred to as the application (offer)) on the following dates:

the Contractor in the person of the Management Organization - no later than 7 days from the date of entry into force of the contract of management of an apartment building, but not earlier than 10 working days from the date of the decision to choose the management organization;

artist represented by partnership - no later than 7 days from the day state registration partnership if the partnership did not conclude a contract of administration of an apartment building with a management organization, or no later than 7 days from the date of termination of such a management contract;

the Contractor represented by the Cooperative - no later than 7 days from the date of the decisions of the decisions of the premises in an apartment building on the management of an apartment building, if the cooperative did not conclude an agreement of the apartment building with a management organization, or no later than 7 days from the date of termination of the management agreement with the Management Organization. (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

6. Application (Offer) is attached the following documents Or their copies, certified by the head of the Contractor or the person authorized by him: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

a) the guidelines of the Contractor (certificate of state registration of the Contractor as legal entity or an individual entrepreneur, a certificate of the executor to account in tax authority, documents confirming the powers of the person speaking on behalf of the Contractor, and in the event that the contractor acts as an individual entrepreneur, - a copy of the passport of a citizen of the Russian Federation);

a (1)) license to implement business activities on management of apartment buildings - for managers; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

b) documents confirming the presence of a duty officer in the content of common property in an apartment building and to provide relevant utility services to consumers or duties on the main property in an apartment building in case of conclusion in accordance with these rules of the resource supply agreement in order to maintain a common property in an apartment building ; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

c) documents confirming the fact of connecting (technological accession) of an apartment building (residential building) in installed manner Centralized engineering and technical support networks for which the relevant type of communal resource provided for by regulatory legal actsregulating relations in the field of electric power industry, heat supply, water supply and (or) drainage, gas supplies (if the resource is sent to supplying the application (offer), is filed according to centralized networks of engineering and technical support). If the connection (technological connection) of an apartment building (residential building) is carried out before the entry into force of the Decree of the Government of the Russian Federation of February 13, 2006 N 83 "On approval of the rules for determining and providing technical conditions for connecting an object capital construction to the networks of engineering and maintenance and rules for connecting the capital construction object to engineering and technical support networks, "these documents are attached to the application (offer) if available;

d) documents on the installation and acceptance of a collective (generalical) accounting device (with such a metering device);

e) the protocol of the general meeting of the owners of premises in an apartment building, which made the decision on making owners and users of premises in an apartment building of fees for all or some utilities directly to resource-supplying organizations (if such a decision is accepted);

(e) Documents containing information about the size of the area of \u200b\u200beach residential and non-residential premises in an apartment building, as well as about the total area of \u200b\u200bpremises in an apartment building, including premises included in the general property in an apartment building, or about the size of the area of \u200b\u200bresidential house and heated premises of the survive buildings as well as the size of the area land plotnot occupied by a residential building and surplus buildings;

g) other documents stipulated by regulatory legal acts regulating relations in the field of electric power industry, heat supply, water supply and (or) water disposal, gas supplies in relation to the supply of utility resources for the purpose of providing utilities to users of residential and non-residential premises in apartment buildings and residential buildings (hereinafter - regulatory legal acts in the field of resource supply).

7. Documents confirming the presence of the Contractor to provide an appropriate communal service, as well as duties on the main property in an apartment building, are: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

a) for the management organization:

if the owners of the premises in an apartment building as a management method are chosen by the management organization, the protocol of the general meeting of the owners of premises in an apartment building, which made a decision on the choice as a method for managing an apartment building Management of the Management Organization, and the Minutes of the General Meeting of Owners of the Rooms in an apartment building where it was decided to choose the management organization in the person of the management organization, which applies to the application (offer), as well as the management agreement of the apartment building (if concluded);

if the management organization is chosen by the Competition local governments In cases provided for by housing legislation of the Russian Federation - Protocol open Competition on the selection of the management organization and (or) the contract of administration of the apartment building (if such is concluded);

if the management organization is brought to managing an apartment building by a partnership or cooperative, the protocol of the general meeting of the owners of the premises in an apartment building, which made a decision on the choice of the management organization, and (or) a contract of administration of an apartment building, concluded between a partnership or cooperative and a management organization;

b) for a partnership or a cooperative:

the protocol of the general meeting of the owners of the premises in an apartment building, which creates a partnership, or a protocol of the General Meeting of the Cooperative Members, which recorded (reflected) the decision on the choice as a method for managing an apartment house, respectively, a partnership or cooperative;

charter of the partnership or cooperative.

8. Resource-supplying organization is not entitled to demand the submission submission of documents not provided for by these Rules.

The documents specified in paragraphs 6 and 7 of these Rules are submitted in the form of copies that must be certified by persons who issued such documents or the person authorized in accordance with the legislation of the Russian Federation to perform actions to assign copies of such documents.

The Contractor has the right to submit a resource-feeding organization at the same time originals and copies of the documents specified in paragraphs 6 and 7 of these Rules. After reconciling the identity of the copy and the original of the document, the original is returned to the Contractor.

9. In the event of an appeal to a resource-supplying organization 2 or more persons with applications (offer) in relation to the same apartment building or a residential building or submission to a resource-supplying organization of applications (offer) during the previously concluded resource supply contract for the same and the same apartment building or residential building Resource-supplying organization suspends consideration of such applications (offer) to establishment in order, stipulated by law The Russian Federation, the empowerment to conclude a contract of resource supply of persons who applied with applications (offers), including through inspections of compliance with the requirements of the legislation of the Russian Federation to the creation and activities of legal entities and activities individual entrepreneurscarrying out the management of apartment buildings that are conducted in the prescribed manner by the body executive power The subject of the Russian Federation, which implements the State Housing Supervision, or before the decision of the decision (in case of consideration by the court, the question of the legality of the creation and activities of legal entities or individual entrepreneurs engaged in the management of apartment buildings).

10. Resource-supplying organization owning a communal resource, the submission of which is carried out in the appropriate apartment building or a residential building without the conclusion of a resource supply agreement in writing, has the right to send the Contractor an application (offer) on the conclusion of a resource supply agreement on the terms of the applied to the application (offer) of the draft contract prepared In accordance with these Rules signed by the resource-supply organization.

11. In the event of a non-receipt by the party, sending an application (offer), within 30 days from the date of receipt of the application (offer) of the other party to the consent to conclude a resource supply agreement on the proposed conditions or on other conditions that relevant civil and housing legislation of the Russian Federation, including including this Regulation and Regulatory legal acts in the field of resource supply, or refusing to enter into a resource supply agreement on the grounds provided for by these Rules, as well as in case of obtaining a refusal to conclude a contract of resource supply on the grounds not provided for by these Rules, the Party sent to the application (offer) is entitled to apply to the court On the coercion of the other party, for which the conclusion of such a contract is mandatory, to conclude a resource supply agreement.

At the same time, in the cases referred to in paragraph 21 (1) of these Rules, the resource supply contract for the utility resource consumed when using common property, when noting the party, sent a request, within 30 days from the date of receipt of the application to another party to consent to conclude an agreement Resource supply on the proposed conditions or on other conditions corresponding to the civil and housing legislation of the Russian Federation, including this Regulation and regulatory legal acts in the field of resource supply, is recognized as concluded from the date of the direction of the specified application. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

12. The Contractor has the right to refuse to conclude a resource supply agreement and cannot be concluded to its conclusion in relation to an apartment building (residential building) in case it has been concluded a resource supply agreement with the relevant type of resource in relation to such an apartment building (residential building) with a different resource-supplying organization, In accordance with regulatory legal acts in the field of resource supply, the right to order by the relevant utility resource, as well as in the event that the Contractor is carried out by independent production of a communal heating service and (or) hot water supply using equipment included in the general property of the owners of the premises in the apartment building The house (in the absence of centralized heat supply and (or) hot water supply), and in the event that there is no use of the appropriate type of utility resource from centralized engineering and technical support networks.

The Contractor is obliged to notify the resource-demanding organization on the refusal to enter into a resource supply agreement, indicating the reasons for such a refusal within 30 days from the date of receipt of the application (offer) of a resource-supply organization.

13. The grounds for refusing a resource-supplying organization to enter into a resource supply agreement are: (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

lack of technological connection (connection) of an apartment building (residential building) or general engineering and technical support networks, which are combined by residential buildings, to relevant centralized engineering and technical support networks; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

the lack of a license management license for the management of an apartment building - for the management organization; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

the absence of a resource supply organization's responsibility to conclude a resource supply agreement with any person applied to it in cases provided for by regulatory legal acts in the field of resource supply. (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

In case of refusal to conclude a resource supply contract for the specified grounds, a resource-supplying organization is obliged to notify the Contractor to the conclusion of a resource supply agreement with the reasons for such a refusal within 5 working days from the date of receipt of the application (offer) of the Contractor and Documents provided for in paragraphs 6 and 7 of these rules.

Provided by paragraphs of the third and fourth of this paragraph of the grounds for refusing a resource-supplying organization from the conclusion of a resource supply agreement do not apply to the conclusion of a resource supply agreement with respect to the amount of utilities defined in accordance with paragraph 21 (1) of this Regulation. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

14. Presentation by the Contractor provided for in paragraphs 6 and 7 of these Rules, not in full or incorrect design is not a basis for refusing to conclude a resource supply agreement. In this case, the resource-supplying organization reports to the Contractor in writing within 5 working days from the date of receipt of documents on the documents allowed and the procedure for their elimination, after which it suspends the consideration of the submitted documents without returning to the Contractor until it receives the missing (properly executed) documents from it if The parties have not agreed on other. If the missing (properly decorated) documents are not submitted by the Contractor of the Resource-Synchtering Organization within 30 days from the date of the suspension of the consideration of the submitted documents, the resource-supplying organization has the right to terminate the consideration of the application (offer) and return the documents to the Contractor. The Contractor has the right to send a request (offer) of the same resource-supplying organization again after eliminating the shortcomings that served as the basis for the termination of the consideration of the application (offer).

15. The resource supply agreement comes into force from the date of its signing of the latter from the Parties to the Treaty. At the same time, the parties have the right to establish that the terms of the resource supply contract apply to their relations arising before the conclusion of the contract, but not earlier the date of the commencement of the supply of a communal resource defined taking into account the provisions of paragraph 19 of these Rules.

16. The terms of the resource supply contract are determined in accordance with the Civil Code of the Russian Federation, these Rules, and in the part not resolved by the indicated regulatory legal acts - regulatory legal acts in the field of resource supply.

17. Substantial conditions Resource-supply contracts are:

a) the subject of the contract (type of communal resource);

b) the date of the beginning of the delivery of the utility resource;

c) indicators of the quality of the supplied utility resource;

d) the procedure for determining the volume of communal resource supplied;

e) the procedure for determining the contract price based on the appropriate period of tariff regulation (applied in the relevant estimated price) on the relevant communal resource used to provide communal services to owners (users) of residential and non-residential premises and (or) consumption in the content of common property in an apartment building, including depending on the mode of its consumption, if the established metering devices allow to determine the amount of consumption differentiated by the time of day or by other criteria reflecting the degree of use of the utility resource, and the procedure for determining the cost of the delivered utility resource; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

(e) Payment of utility resource. At the same time, the estimated period is taken equal to 1 calendar month;

g) other conditions that are essential in accordance with regulatory legal acts in the field of resource supply.

18. The resource supply contract also provides for the following conditions:

a) The condition for the delimitation of the responsibility of the parties for non-compliance with the quality of the communal resource. Unless otherwise established by the Resource Treaty, the resource-channel organization is responsible for the quality of the communal resource on the border of the section of domestic engineering systems, which are common property owners of premises in an apartment building, or general engineering networks, which are combined by residential buildings and which are connected to centralized networks. engineering and technical support and centralized engineering and technical support networks intended to submit a utility to domestic engineering systems (wastewater removal from intramanema systems). The specified border of the section is determined in accordance with the act of distinguishing the balance sheet of networks and the act of operational responsibility of the parties, copies of which are attached to the resource supply contract. The Contractor is responsible, including for the actions of consumers provided for by clause 35 of the Rules for the provision of utilities to the owners and users of premises in apartment buildings and residential buildings approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354 (hereinafter - the rules for the provision of utilities), which entailed the violation of the resource-supplying resource performance indicators of the communal resource and the volume of the communal resource supplied; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

b) the procedure for the interaction of the parties upon receipt of consumer complaints for quality and (or) the volume of the communal services provided;

b (1)) The procedure for the interaction of the parties during the testing of the testimony of a collective (generalic) instrument for carbon-metering for an apartment building (individual accounting device for a residential building) in order to identify deviations of values \u200b\u200bof the quality of heat supply and (or) parameters reflecting the permissible breaks in heat supply stipulated by the rules for organizing heat supply and included in the heat supply contract, beyond their permitted deviations; (as amended by the Decree of the Government of the Russian Federation of 05/22/2019 N 637)

c) the condition for the delimitation of obligations of the parties to ensure the maintenance of domestic engineering systems, which are the common property of the owners of premises in an apartment building, or general engineering networks, which are combined by residential buildings and which are connected to centralized engineering and technical support networks, and centralized engineering networks -Technical support for submitting a municipal resource to domestic engineering systems (removal of domestic wastewater systems), as well as the obligation of parties to inform the identification of unauthorized connection to domestic engineering systems and the procedure for interaction in identifying such a connection, including the procedure for the implementation of recalculations on payment of utility resources; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

d) defined taking into account the requirements of the legislation of the Russian Federation on energy saving and on increasing energy efficiency The condition for delimiting the obligations of the parties on the equipment of an apartment building with a collective (general-purpose) accounting device and (or) adopted by agreement with the owners of residential and non-residential premises of the apartment building on the equipment of individuals and (or) with common (apartment) accounting devices (residential buildings - an individual accounting device), including ensuring access to general-purpose property for the purposes of installing such accounting devices, as well as the obligation of the parties to ensure efficiency and compliance during the entire term of the contract of resource supply requirements operation of accounting devices established in accordance with the legislation of the Russian Federation;

e) obligations of the parties to withdraw and transfer to the readings of accounting devices and (or) other information used to determine the amounts supplied under the contract of resource supply of a communal resource, including the volume of utility resources necessary to ensure the provision of utilities to owners and users of non-residential premises in an apartment building , and communal resources consumed when the content of common property in an apartment building, timing and procedure for transferring this information, as well as the procedure for verifying the resource-supplying organization of the testimony of a collective (generalic) metering device. Unless otherwise provided by the Agreement of the Parties, the Contractor provides a resource-supplying organization relevant information before the 1st day of the month following the calculated one; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

d (1)) The obligations of the Parties to sign acts that record the testimony of collective (general-purpose) accounting devices at the time of termination of the obligations of the management organization, including in connection with the exception of information about the apartment building from the register of licenses of the constituent entity of the Russian Federation or due to termination or cancellation licenses of the management organization for the implementation of entrepreneurial activities for the management of apartment buildings (hereinafter referred to as a license); (as amended by the Decree of the Government of the Russian Federation of 25.12.2015 N 1434)

(e) the obligation of the Contractor to notify the resource-supplying organization about the timing of the Contractor for the verification of the accuracy of the information provided by consumers about the readings of household instruments of electrical energy, individual, general (apartment) accounting devices and / or verification of their condition and the right of representatives of the resource-supplying organization to participate in such inspections; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

e (1)) obligations of the resource-supplying organization for the transmission to the Contractor of Individual, General (apartment) instruments of accounting and (or) other information used to determine the volume of consumption of utility resource, deadlines and the procedure for transferring this information, as well as the obligation of a resource supply organization to notify the Contractor the timing of the resource-supplying organization of verification of the accuracy of the consumer readings on the indications of these accounting devices and (or) verification of their condition and the right of representatives of the Contractor to participate in such inspections in cases provided for by clause 21 (1) of this Regulation; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

g) the obligation of the Contractor to provide a resource-supplying organization the possibility of connecting a collective (generalic) accounting device for automated information and measurement systems for accounting for resources and transfer to accounting devices, as well as assist in coordinating the possibility of connecting to such systems of individual and (or) general (apartment) instruments Accounting If the installed accounting devices allow you to connect them to the specified systems. At the same time, the costs of connecting to automated information and measurement systems of resource accounting and transmission of readings of accounting devices should not be assumed to consumers and a resource-supplying organization is not entitled to demand from the Contractor to compensate for the implementation of such actions, except for the case when the owners of the premises in an apartment building are generally The meeting decided to include the specified costs for the maintenance and repair of residential premises;

h) The procedure for the interaction of the parties in identifying a malfunction of a collective (general-purpose) accounting device, as well as the procedure for calculating the amount of fees for the delivered communal resource in the specified case (determined, taking into account the requirements for calculating the amount of fee for a communal service provided to the consumer, when a collective malfunction (general ) Accounting device established by the rules for the provision of utilities);

s (1)) obligations of the Parties to transfer information provided for by regulatory legal acts regulating the procedure for establishing and use social norm consumption of electrical energy (power), in form and within the deadlines, which are established by such acts - in case the subject of the Russian Federation decided to establish such a social norm; (as amended by the Decree of the Government of the Russian Federation of July 22, 2013 N 614)

and) other conditions specified in the regulatory legal acts in the field of resource supply, as well as the conditions that the parties are covered by necessary.

19. When establishing a resource supply contract for the commencement of a communal resource, the following is taken into account:

the delivery of a communal resource under the resource supply contract concluded with the management organization is carried out from the date specified in the resource supply contract that cannot be previously the dates with which the management organization has a duty to provide utilities to consumers, as well as acquire a communal resource consumed when maintaining a common property in an apartment building; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

the delivery of a communal resource under the resource supply agreement concluded with a partnership or a cooperative is carried out from the date specified in the resource supply agreement, which cannot be previously the dates of state registration of a partnership or a cooperative.

20. When establishing a resource management rate, the quality of the communal resource is taken into account that its volume and quality should allow the Contractor to ensure the proper maintenance of common property in an apartment building, as well as the provision of public utilities to consumers in accordance with the requirements provided for by the rules for the provision of utilities and comply with the conditions Connections ( technical conditions joining) apartment houses, general engineering and technical maintenance networks, which are combined by residential buildings, to centralized engineering and technical support networks. (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

21. In the establishment of the procedure for determining the volume of the municipal resource supplied under the resource supply contract concluded by the Contractor in order to provide utilities and consumed when the general property consumed in an apartment building, except in cases provided for in paragraph 21 (1) of this Regulation, the following is taken into account: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

a) the volume of the utility resource supplied to an apartment building equipped with a collective (general) accounting device is determined on the basis of the indications of the specified metering device for the estimated period (estimated month) minus the supply of communal resource owners of non-residential premises in this apartment building under resource supply agreements, they prisonered directly with resource-supplying organizations (if the supply volumes such owners are recorded by a collective (generalic) accounting instrument); (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

b) the volume of the communal resource supplied under the resource supply contract to the residential building (home ownership), equipped with an individual accounting device, is determined on the basis of the testimony of an individual accounting device for the estimated period (estimated month);

c) the volume of utility resource, with the exception of thermal energy used in order to provide a communal heating service supplied for the estimated period (estimated month) in an apartment building, not equipped with a collective (general) accounting device, as well as after 3 months after the exit In order, the loss of the previously commissioned collective (generalic) instrument of accounting or expiration of its operation is determined by the formula: (as amended by the Decisions of the Government of the Russian Federation of 29.06.2016 N 603, from December 26, 2016 N 1498)

, (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The volume (number) of the municipal resource, determined by the estimated period in residential and non-residential premises according to the indications of the room for accounting of electrical energy (in the absence of general (apartment) electrical energy accounting devices), individual or general (apartment) metering devices;

The volume (number) of the municipal resource, determined for the estimated period in residential and non-residential premises based on the amounts of average monthly consumption of the communal service in cases established by the rules

The volume (number) of the municipal resource, determined for the estimated period in residential premises, based on the cost of consumption of a communal service in cases provided for by the rules for the provision of utilities;

The volume (number) of the municipal resource, determined for the estimated period in non-residential premises that are not equipped with individual accounting devices, in accordance with the rules for the provision of public services on the basis of the calculated volume of utilities;

The volume (number) of the municipal resource used in the production and provision of a communal heating service and (or) hot water supply using equipment included in the general property of the owners of premises in an apartment building defined for the estimated period in accordance with the rules for the provision of utilities (in case of lack of centralized heat supply and (or) hot water supply);

Paragraph ninth. - I lost strength. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The volume (number) of the municipal resource consumed in the content of common property in an apartment building in the absence of a collective (generalic) accounting device defined for the estimated period on the basis of the consumption standards for the relevant types of utility resources in order to maintain common property in an apartment building approved by the bodies state power constituent entities of the Russian Federation; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

Values, do not include the supply volume of the utility resource owners of non-residential premises in an apartment building under resource supply agreements concluded directly with resource-supplying organizations;

in (1)) the volume of thermal energy supplied for the estimated period (estimated month) into an apartment building, not equipped with a collective (general) accounting device, as well as after 3 months after the failure of the loss of the previously commissioned collective (generalic) The instrument of accounting or expiration of its operation is determined by the formula: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

, (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

A regulatory of consumption of a communal heating service; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The total area of \u200b\u200bthe i-th residential or non-residential premises in an apartment building; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

in (2)) the volume of the communal resource supplied for the estimated period (estimated month) into an apartment building, in case of failure, the loss of the previously commissioned collective (generalical) instrument of accounting or the expiration of its operational period: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

if the period of operation of the accounting device was more than 3 months (for heating - more than 3 months of the heating period) within 3 months after the occurrence of such an event is determined in relation to utility resources, with the exception of thermal energy, in accordance with subparagraph "in" of this paragraph, where it is determined Based on the average monthly volume of consumption of the municipal resource, calculated in the manner and cases that are provided for by the rules for the provision of utilities, and in relation to thermal energy - based on the average monthly volume of thermal energy defined according to the testimony of the collective (generalical) device for taking into account thermal energy consumed for the heating period ; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

if the period of operation of the accounting device was less than 3 months, (for heating - less than 3 months of heating period), then in relation to utility resources, with the exception of thermal energy, is determined in accordance with sub-clause "in" of this clause, and in relation to thermal energy - according to subparagraph "in (1)" of this paragraph; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

in (3)) the volume of the communal resource supplied for the estimated period (estimated month) into a multi-apartment building, with the failure of the Contractor of information on the testimony of the collective (generalic) accounting device within the deadlines established by the legislation or the resource supply agreement, or at the foreman of the Contractor 2 or more times Representatives of the resource-supplying organization to verify the state of the established and commissioned collective (generalic) metering device (verification of the accuracy of the presented information on the testimony of such a metering device) is determined in relation to utility resources, with the exception of thermal energy, in accordance with sub-clause "in" of this clause, and with respect to thermal energy - in accordance with subparagraph "in (1)" of this clause; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

in (4)) the volume of wastewater allocated for the estimated period (estimated month) in centralized networks of engineering and technical support under the drainage agreement from an apartment building, not equipped with a collective (generalical) device for accounting wastewater, as well as in case of failure, The loss of the previously commissioned collective (generalical) device of wastewater accounting or the expiration of its operation is determined by the formula: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

, (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

where: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The volume of wastewater assigned to the estimated period (estimated month) on centralized networks of engineering and technical support under the drainage agreement; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The volume of cold water supplied in the estimated period (estimated month) under the resource supply contract in an apartment building; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

Volume hot watersupplied during the estimated period (estimated month) under the resource supply contract in an apartment building; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

d) in the total volume of the municipal resource supplied to the apartment building, the volume of the utility resource used to provide a communal service of the relevant type of owners and users of non-residential premises, and the volume of utilities consumed in the content of common property in an apartment building payable by the Contractor are allocated; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

e) In the total volume of the municipal resource supplied to an apartment building, not equipped with a collective (generalical) accounting device, differentiated by the time of day or by other criteria reflecting the degree of use of the utility resource, the volume of the utility resource used to provide the communal service of the relevant view to users residential and non-residential premises equipped with room-containing electrical energy accounting devices, individual or general (apartment) metering devices, allowing such differentiated measurements of utility resource volumes;

e) the amount of communal resource supplied under the resource supply contract in a residential building, not equipped with an individual accounting device, is determined on the basis of a communal consumption standard, and in a home ownership that is not equipped with an individual accounting device - based on the standard of consumption of the communal service provided in the residential premises, and a communal consumption standard when using a land plot and surplus buildings, which are established in the manner prescribed by part 1 of article 157 of the Housing Code of the Russian Federation.

g) if the subject of the Russian Federation decided to establish the social norm of the consumption of electrical energy (power), then in the total amount of electrical energy supplied to the apartment building, the volumes of electrical energy supplied to the owners and users of residential premises within and over social norm. At the request of a resource-supplying organization, the executor of utility services provides copies of documents confirming data on the volume of electricity consumption in residential premises (selectively 30 percent of residential premises, no more than 1 time per quarter). (as amended by the Decree of the Government of the Russian Federation of July 22, 2013 N 614)

21 (1). In the presence of a part 18 of article 12 of the Federal Law of June 29, 2015, N 176-FZ "On Amendments to the Housing Code of the Russian Federation and individual legislative acts Of the Russian Federation "Decisions on the preservation of the procedure for providing utilities and settlements for utilities, the presence of a resource supply agreement provided for in paragraph 17 of Article 12 of this Federal Law, as well as in the event of the implementation of the right provided for in paragraph 30 of these Rules, the procedure for determining the volume of utilities supplied by The resource supply agreement concluded by the Contractor in order to maintain the common property of an apartment building, with the exception of thermal energy, is established with the following: (as amended by the Decisions of the Government of the Russian Federation of 29.06.2016 N 603, from December 26, 2016 N 1498)

a) the volume of utility resources payable by the Contractor under the resource supply agreement against an apartment building equipped with a collective (generalical) accounting device is determined on the basis of the indication of the specified accounting device for the estimated period (estimated month) by the formula: (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

where: (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

The volume of utility resource defined by the testimony of a collective (generalic) accounting device for the estimated period (estimated month); (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

The volume of municipal resources payable by consumers in an apartment building defined for the estimated period (estimated month) in accordance with the rules for the provision of utilities. If the value exceeds or equal to the value, the volume of the utility resource payable by the Contractor under the resource supply contract for the apartment building for the estimated period (estimated month) is adopted equal to 0; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

b) the volume of the utility resource payable by the Contractor under the resource supply agreement against an apartment building in case of failure, the loss of the previously commissioned collective (generalic) accounting device or expiration of its operation within 3 months after the occurrence of such an event (if the period of operation Accounting device amounted to more than 3 months) for the estimated period (estimated month) is determined by the formula: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

, (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The volume (number) of the municipal resource consumed in the content of common property in an apartment building, determined for the estimated period based on the average monthly volume of the consumption of a communal resource, calculated in cases and in the manner provided for by the rules for the provision of utilities; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

c) the volume of the municipal resource supplied to a multi-apartment building, not equipped with a collective (general) accounting device, or after the failure of the loss of the previously introduced collective (generalic) accounting device or the expiration of its operation, if the period of operation of the accounting device was less 3 months, or after 3 months from the moment of failure, the loss of the previously commissioned collective (generalical) accounting device or the expiration of its operational period, if the period of operation of the accounting device was more than 3 months, or in case of failure to provide the performer of information on the testimony of collective ( general) accounting device in the time limits established by legislation or the resource supply contract, or at misuse of the Contractor 2 or more times, representatives of the resource-supplying organization to verify the state of the established and commissioned collective (generalic) accounting device (verification of the accuracy of the presented information about Pain Azanias such a metering device) is determined for the estimated period (estimated month) by the formula: (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

, (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

where it is determined in accordance with paragraph 21 of these Rules; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

21 (2). In apartment buildings, the owners of the premises in which have the obligation established by the legislation of the Russian Federation, the obligation to equip multi-family houses with collective (general-purpose) devices for consideration of cold water, hot water, electrical energy, thermal energy and which are not equipped with such devices or in which the owners of the premises in an apartment building are not Provided in the prescribed manner to restore the health of the emerging or replacement of the previously lost and commissioned collective (generalic) accounting, keeping accounting for utility resources consumed, as well as the implementation of settlements for utility resources is carried out on the basis of the testimony of collective (generalic) accounting devices established by the Contractor and commissioned in the prescribed manner. If, after installing the collective (generalic) accounting device, the Contractor is established and commissioned in the prescribed manner, another accounting device, to take into account the consumed utilities and the implementation of settlements for utilities and resources, the testimony established by consumers of a collective (generalic) accounting device are applied. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

22. When establishing a resource supply contract, the procedure for determining the value of the communal resource is taken into account as follows:

a) the cost of the communal resource required to ensure public services is calculated on tariffs established in the manner determined by the legislation of the Russian Federation on state regulation of prices (tariffs), and in relation to categories of consumers for which state regulation prices (tariffs) are not carried out, as well as in cases established by the legislation of the Russian Federation in the field of heat supply - at prices calculated in accordance with regulatory legal acts in the field of resource supply; If the subject of the Russian Federation decides on the establishment of a social norm for the consumption of electrical energy (power), the cost of electrical energy (power) in relation to volume (quantity) to be paid over the estimated period by owners and employers of residential premises and includes the volume of electrical energy, provided for general-friendly needs in an apartment building is calculated using prices (tariffs) established for the population and consumer categories equivalent to it within and over the social norm of electrical energy consumption (power), taking into account the characteristics established by regulatory actsgoverning the procedure for establishing and applying the social norm of electrical energy consumption (power). The cost of electrical energy (power) in terms of exceeding the volume of electrical energy (power) provided for generalic needs, determined on the basis of the testimony of the collective (generalic) accounting device, on the volume calculated on the basis of the regulations for the consumption of the communal service provided for generalic needs, which In accordance with clause 44 of the Rules for the provision of utilities is subject to payment by the Contractor of utilities, is calculated using prices (tariffs) established for the population and consumer categories equivalent to it over the social norm of electrical energy consumption (power); (as amended by the Decisions of the Government of the Russian Federation of July 22, 2013 N 614, from 25.02.2014 N 136, from December 26, 2016 N 1498, from 05.22.2019 N 637)

b) the cost of the utility resource required to ensure public services to users of non-residential premises is calculated based on tariffs (prices) for the population only if the owners of non-residential premises refer to the category of consumers equivalent to the population; (as amended by the Decisions of the Government of the Russian Federation of December 26, 2016 N 1498, from 05.22.2019 N 637)

b (1)) the cost of the communal resource used in order to maintain a common property in an apartment building is calculated using prices (tariffs) defined (established) for the population; (as amended by the Decisions of the Government of the Russian Federation of December 26, 2016 N 1498, from 05.22.2019 N 637)

c) in the event of premiums to tariffs (prices), the cost of the utility resource is calculated taking into account such allowances;

d) the cost of the utility resource is calculated on tariffs (prices), differentiated by time of day or by other criteria, reflecting the degree of utilization of the utility resource, if an individual accounting device in a residential building, as well as an electrical energy accounting device, an individual or common (apartment) device Accounting in an apartment building (in the case provided by subparagraph "d" of paragraph 21 of these Rules) make it possible to carry out this kind of differentiated measurements of the volume of the communal resource consumed in the premises, as well as consumed when using common property in an apartment building in case the general (collective) And all individual (apartment) metering devices have the same functionality to determine the volume of consumption of the communal service differentiated by the time of day or by other criteria reflecting the use of utility resources. In other cases, the cost of a communal resource consumed when using common property in an apartment building is calculated on tariffs (prices) without taking into account the specified differentiation, unless otherwise established by the contract containing regulations on the provision of utilities; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

e) In the case of supplying a resource-supplying organization of the utility resource of inadequate quality and (or) with interruptions exceeding the established duration, the amount of utility resource is changed in the manner determined by the rules for the provision of utilities, and in the price zones of heat supply also in the manner determined by the rules of heat supply . (as amended by the Decisions of the Government of the Russian Federation of December 26, 2016 N 1498, from 05.22.2019 N 637)

e) if there is obligations and technical possibilities for the installation of a collective (generalical) device for taking into account thermal energy The cost of heat energy supplied to an apartment building, which is not equipped with such an accounting device, as well as put in an apartment building after 3 months after the failure of the loss has previously The commissioned collective (generalical) instrument of carbon-based metering (after its operating date), as well as the cost of thermal energy during the failure to submit the performer of information on the testimony of the collective (generalic) instrument of thermal energy accounting in the deadlines established by the legislation or the resource supply contract, when Contractor 2 and more than the representatives of the resource-supplying organization for verifying the state of the established and commissioned collective (generalic) instrument of incorporating thermal energy (verification of the accuracy of the presented information about the readings of such a metering device) define I start from the standard of consumption of a communal heating and the total area of \u200b\u200bresidential and non-residential premises in an apartment building with the use of an increase in the coefficient, the value of which is set in a size equal to 1.1. This coefficient does not apply if there is an act of a survey for establishing the presence (lack) of the technical ability to install a collective (general-purpose) device for taking public resources confirming the absence of the technical ability to install such a metering device, starting from the estimated period in which such an act is compiled; (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

23. When determining in the contract of resource supply of the procedure for the interaction of the parties when consumed consumer complaints for quality and (or), the volume of the communal service provided provides for the obligation to identify the reasons for the provision of a municipal resource of improper quality and (or) in the improper volume and the procedure for identifying these reasons provided for in the rules for the provision of utilities.

24. The contract of resource supply provides for the responsibility of the resource-supplying organization for violation of the quality indicators and the volume of the communal resource supplied under the Treaty, which was the reason for the provision of a communal services of inappropriate quality and (or) in the improper volume, which are applied in relations between the Contractor and the Resource-Changing Organization as additional Mer Responsibility (in addition to the measure provided for by subparagraph "D" of paragraph 22 of these Rules) and which are established in accordance with the civil laws of the Russian Federation and regulatory legal acts in the field of resource supply.

25. When determining in the contract of resource supply, the procedure for payment of utility resource provides for payment: (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

in the absence of a general meeting of the owners of the premises in an apartment building or the general meeting of members of a partnership or a cooperative on making utility fees directly resource-supplying organizations - by transferring by the Contractor until the 15th day of the month following the expired settlement period (settlement month), if the contract resource supply is not provided for a later date of payment of the utility resource, fees for the communal resource to the resource-supplying organization by any means that are allowed by the legislation of the Russian Federation; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

in case of adoption general meeting Owners of premises in an apartment building or a general meeting of members of a partnership or a cooperative decision on the payment of utilities directly by resource-supplying organizations - by making consumers directly to the resource-supply organization on time and in cases that are established by housing legislation of the Russian Federation, fees for the corresponding type of communal services consumed in residential and (or) non-residential premises in an apartment building, with the exception of fees for the corresponding type of communal resource consumed in order to maintain a common property in an apartment building, as well as the executive to the executor until the 15th day of the month following the expired settlement period ( Estimated month) if the resource supply contract does not provide for a later date of payment of the utility resource, to the resource-supplying organization of fees for the communal resource consumed in order to maintain common property in an apartment building. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

b) in the case of the supply of a communal resource into a multi-apartment building, not equipped with a collective (general-purpose) instrument for the metering of thermal energy, or in a residential building that is not equipped with an individual accounting device - based on the standard of consumption of the utility service, including using the fee of the payment periodicity for thermal energy; (as amended by the Decisions of the Government of the Russian Federation of 29.06.2016 N 603, from December 26, 2016 N 1498)

c) in the case of the delivery of a communal resource to a household that is not equipped with an individual accounting device - based on the cost of consumption of the communal service provided in the residential premises, and the cost of consumption of the communal service when using a land plot and surplus buildings that are established in the manner prescribed by part 1 Articles 157 of the Housing Code of the Russian Federation, including using the rate of frequency of fees for thermal energy. (as amended by the Decisions of the Government of the Russian Federation of 29.06.2016 N 603, from December 26, 2016 N 1498)

25.2. The coefficient of periodicity of payment for heat energy is determined by an equal ratio of the number of months of the heating period, including the incomplete, determined by the authority of the constituent entity of the Russian Federation to establish the relevant regulations for the consumption of the communal heating, approved for the heating period in accordance with the rules of establishing and determining consumption standards Communal Services and Communal Resource Consumption Regulations In order to maintain a common property in an apartment building approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306 "On approval of the rules for establishing and determining the regulations for the consumption of utilities and regulations for the consumption of communal resources in order to maintain common property in an apartment building ", to the number of months in the calendar year. (as amended by the Decree of the Government of the Russian Federation of 27.02.2017 N 232)

26. The resource supply contract may be provided for that the execution of obligations to pay for the delivered communal resource is carried out by concession in accordance with the civil law of the Russian Federation in favor of the resource-supplying organization of the rights of the requirements for consumers who have debt on public utilities.

27. In the event that the general meeting of the owners of the premises in an apartment building or the general meeting of members of the partnership or cooperative decided to make payments for utilities directly to resource-supplying organizations, the resource supply contract provides for:

a) order, deadlines and form of submission of the resource-supplying organization to the Contractor of information on the amount of communal services received from consumers and on debt of the Contractor to pay for a utility resource separately by consumer payments and on payments for the utility service of the relevant species consumed when using common property in an apartment building ;

b) the condition that when carrying out the accusation of calculations separately indicate the accruals, the amount of payments and debt of the Contractor in terms of making a communal service fee of an appropriate species consumed when using common property in an apartment building, and in terms of making fees for the relevant utilities to consumers 1st month following the estimated period;

c) the procedure for the interaction of a resource-supplying organization and a contractor to suspend or restrict the provision of public utilities to consumers who do not fulfill or improperly fulfill obligations to pay for a communal service that meets the requirements provided for by the rules for the provision of utilities;

d) the responsibility of the Contractor for non-fulfillment of the legitimate requirements of the resource-supply organization to suspend or restrict the provision of public services to the consumer who has debt on its payment (if there is a technical ability to perform these requirements), including in the form of a reimbursement by the performer of the resource-supplying organization of losses incurred by it as a result of non-fulfillment by the Contractor of these requirements, as well as the procedure for applying such responsibility;

e) the duty of the Contractor to provide in contracts with consumers agreed with the resource-supplying organization the procedure for making consumers for utilities directly by the resource-supply organization.

28. The resource supply contract may be provided that the resource-supplying organization informs consumers about the state of settlement of the Contractor for the utility resource on the relevant resource supply contract, but not more often 1 time per month.

29. The resource supply contract provides for the procedure for suspension and restriction of utility resource in emergency situations, during the period of the planning and preventive repair of centralized engineering and technical support networks and, in the case of an arrears in a resource-supplying organization for the delivered communal resource in the amount exceeding the cost of the relevant utility resource in 1 billing period (estimated month), as well as the responsibility of the parties for Violation of this order. The specified procedure is determined in accordance with the regulatory legal acts in the field of resource supply, taking into account the requirements provided for by the rules for the provision of utilities, and should exclude the possibility of suspending or restricting the provision of utilities to consumers who conscientiously performing their obligations to pay utilities.

30. The resource supply contract provides for the right: (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

a) for a resource-supplying organization - for a unilateral refusal to the contract of resource supply with the Contractor in terms of community resources supply in order to provide a communal service in residential and non-residential premises of an apartment building - if the Contractor has a conviction of payment or confirmed by the decision of the Court of Debt to the Resource Synaboing Organization For the delivered communal resource in the amount exceeding the value of the relevant utility resource for 3 estimated periods (estimated month). This condition should ensure that rights and legitimate interests consumers who have conscientiously performing their obligations to pay for the relevant type of communal service, including by providing them with a communal service to the resource-supplying organization, up to the conclusion of a resource supply contract with another executor or directly with consumers, as well as by notifying consumers about the existence of such debts and The possibilities of choosing the owners of premises in an apartment building of a different method of managing an apartment building, another managing organization and the conclusion of a resource supply contract directly with a resource-supplying organization in the event of a direct method of managing the owners of premises in an apartment building; (as amended by the Decree of the Government of the Russian Federation of 29.06.2016 N 603)

31. In the contract of resource supply, the procedure for its termination is envisaged in the event of termination of the commitment of the contractor for the maintenance of common property in an apartment building and the provision of utilities, including the obligation of the Contractor to inform the resource-supplying organization on the occurrence of the specified circumstance in the resource duration provided for by the resource supply contract. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

32. The resource supply contract is terminated simultaneously with the termination of the contract of administration of an apartment building in case of exceptions about an apartment building from the register of licenses of the subject of the Russian Federation, and in the event that the license is terminated or is canceled. (as amended by the Decree of the Government of the Russian Federation of 25.12.2015 N 1434)

ATTACHMENT. - I lost strength. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

Government of the Russian Federation

Decision

On the rules obligatory when concluding contracts for the supply of communal resources

With changes:

(as amended by the Decisions of the Government of the Russian Federation of July 22, 2013 N 614, dated 25.02.2014 N 136, from 25.12.2015 N 1434, from 29.06.2016 N 603, dated December 26, 2016 N 1498, from 27.02.2017 N 232)

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. To approve the accompanying rules obligatory at the conclusion of a management organization or a partnership of housing owners by a housing cooperative or other specialized consumer cooperative of contracts with resource-supply organizations.

2. Install that:

subparagraphs "B", "G" and "E" of paragraph 21 of the Rules approved by this Resolution shall enter into force on the date of entry into force of the rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings approved by the Decree of the Government of the Russian Federation from 6 May 2011 N 354;

The rules approved by this Resolution apply to relations arising from the power supply contracts (purchase and sale, supply of electrical energy (power)), heat supply and (or) hot water supply, cold water supply, drainage, gas supplies (including domestic gas supplies in Ballons) concluded before the entry into force of these rules by management organizations, housing owners partnerships, housing cooperatives and other specialized consumer cooperatives with resource-supplying organizations, in terms of rights and obligations that arise after the entry into force of these rules.

4. Ministry of Regional Development of the Russian Federation as agreed with the Federal antimonopoly Service In a 6-month term, approve exemplary energy supply agreements (purchase and sale, electricity supplies (power)), heat supply and (or) hot water supply, cold water supply, drainage, gas supplies (including domestic gas supplies in cylinders) in order to ensure providing owners and users of premises in an apartment building or residential house of utility services of the corresponding species.

Chairman of the government

Russian Federation

Approved

decree of Government

Russian Federation

Rules obligatory at the conclusion of the management organization or partnership owners of housing or housing cooperative or other specialized consumer cooperatives with resource-supplying organizations

1. These Rules establish mandatory requirements when entering off the owners of housing or housing cooperative or other specialized consumer cooperative (hereinafter - partnerships and cooperatives) or the management organization with resource-supplying organizations of energy supply contracts (purchase and sale, supply of electrical energy (power)), heat supply and (or) hot water supply, cold water supply, drainage, gas supplies (including the supply of household gas in cylinders) to ensure the provision of owners and users of premises in an apartment building or residential building (hereinafter - consumers) of the communal service of the relevant type and purchase of utility resources consumed when the content of common property in an apartment building (hereinafter referred to as the resource supply agreement).

2. The concepts used in these Rules mean the following:

"Communal Services" - implementing a contractor to submit to consumers of any communal resource separately or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential and non-residential premises, common property in an apartment building, as well as land plots and located on them residential buildings (households);

"Resource Consumer Organization" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur who sell utility resources (wastewater discharge);

"Centralized Engineering and Technical Support Networks" is a set of pipelines, communications and other structures designed to submit utility resources to domestic engineering systems (wastewater leads from outdoor engineering systems).

3. Resource-supply contracts are in accordance with the procedure established by the Civil Law of the Russian Federation, taking into account the characteristics provided for by these Rules.

4. The management organization, a partnership or a cooperative, for which, in accordance with the management agreement, an apartment building, including a partnership or a cooperative with a management organization, or the charter of a partnership or a cooperative is entrusted with the obligation to maintain a common property of an apartment building and (or) to provide consumers Communal services are referred to a resource-supplying organization to conclude a resource supply agreement to acquire a relevant utility resource in order to provide a communal service and (or) consumed in the content of the general property of an apartment building, including in the cases provided for in paragraph 21 (1) of this Regulation.

contractor represented by partnership - no later than 7 days from the date of state registration of the partnership, if the partnership did not enter into a contract of administration of an apartment building with a management organization, or no later than 7 days from the date of termination of such a management agreement;

6. The following documents or copies, certified by the head of the Contractor or the person authorized by him, are applied to the application (offer).

a) the guidelines of the contractor (certificate of state registration of the Contractor as a legal entity or an individual entrepreneur, a certificate of the executor for accounting in the tax authority, documents confirming the powers of the person speaking on behalf of the Contractor, and in the event that the Contractor acts as an individual entrepreneur, - a copy of the passport of a citizen of the Russian Federation);

a (1)) license to carry out entrepreneurial activities for the management of apartment buildings - for managers;

c) documents confirming the fact of connecting (technological accession) of an apartment building (residential building) in the prescribed manner to centralized engineering and technical support networks, according to which the relevant type of communal resource is submitted, provided for by regulatory legal acts regulating the relations in the field of electric power industry, heat supply, Water supply and (or) drainage, gas supplies (in case the resource, the application (offer) is sent to supply (offer), is submitted by centralized engineering and technical support networks). If the connection (technological connection) of the apartment building (residential building) is made before the entry into force of the Government of the Russian Federation of February 13, 2006 N 83 "On approval of the rules for determining and providing technical conditions for connecting the Object of capital construction to engineering and regulations and rules connecting the object of capital construction to engineering and technical support networks ", these documents are attached to the application (offer) if available;

d) documents on the installation and acceptance of a collective (generalical) accounting device (with such a metering device);

(e) Documents containing information about the size of the area of \u200b\u200beach residential and non-residential premises in an apartment building, as well as about the total area of \u200b\u200bpremises in an apartment building, including premises included in the general property in an apartment building, or about the size of the area of \u200b\u200bresidential house and heated premises of the survive buildings, as well as the size of the area of \u200b\u200ba land plot not occupied by a residential building and surplus buildings;

7. Documents confirming the presence of the Contractor to provide an appropriate communal service, as well as duties on the main property in an apartment building, are:

a) for the management organization:

if the management organization is chosen by the competition by the local government body in cases provided for by the Housing Legislation of the Russian Federation, the Protocol of an open competition for the choice of the Management Organization and (or) Agreement of the Apartment Building Department (if such is concluded);

b) for a partnership or a cooperative:

charter of the partnership or cooperative.

8. Resource-supplying organization is not entitled to demand the submission submission of documents not provided for by these Rules.

9. In the event of an appeal to a resource-supplying organization 2 or more persons with applications (offer) in relation to the same apartment building or a residential building or submission to a resource-supplying organization of applications (offer) during the previously concluded resource supply contract for the same and the same Apartment house or residential building Resource-supplying organization suspends consideration of such applications (offer) to establishments in the manner prescribed by the legislation of the Russian Federation, the empowerment to conclude a contract of resource supply of persons who have applied with applications (offer), including through inspections of compliance with the requirements of the legislation of the Russian Federation to the creation and activities of legal entities and the activities of individual entrepreneurs engaged in the management of apartment buildings, which are carried out in the prescribed manner by the executive authority of the subject of the Russian Federation, carrying out the state housing supervision, Or before making a decision by the court (in the case of consideration by the court, the question of the legality of the creation and activities of legal entities or individual entrepreneurs engaged in the management of apartment buildings).

11. In the event of a non-receipt by the party, sending an application (offer), within 30 days from the date of receipt of the application (offer) of the other party to the consent to conclude a resource supply agreement on the proposed conditions or on other conditions that relevant civil and housing legislation of the Russian Federation, including These rules and regulatory legal acts in the field of resource supply, or refusing to enter into a resource supply agreement on the grounds provided for by these Rules, as well as in case of obtaining a refusal to conclude a resource supply agreement on the grounds not provided for by these Rules, the party sent to the application (offer) It is entitled to apply to the court with the requirement of coordinating the other Party for which the conclusion of such a contract is mandatory, to conclude a resource supply agreement.

13. The grounds for refusing a resource-supplying organization to enter into a resource supply agreement are:

the presence of the Federal Law of the Federal Law of June 29, 2015 No. 176-FZ provided for by part 17 of the Federal Law "On Amendments to the Housing Code of the Russian Federation and the Special Legislative Acts of the Russian Federation" of the resource supply contract;

the presence of a decision provided for in paragraph 18 of this federal law on the preservation of the procedure for the provision of utilities and settlements for utilities (resources necessary for the provision of utilities);

the lack of a license management license for the management of an apartment building - for the management organization;

16. The terms of the resource supply contract are determined in accordance with Civil Code The Russian Federation, these Rules, and in the part, not resolved by the indicated regulatory legal acts - regulatory legal acts in the field of resource supply.

17. The essential conditions of the resource supply contract are:

a) the subject of the contract (type of communal resource);

b) the date of the beginning of the delivery of the utility resource;

c) indicators of the quality of the supplied utility resource;

d) the procedure for determining the volume of communal resource supplied;

(e) Payment of utility resource. At the same time, the estimated period is taken equal to 1 calendar month;

g) other conditions that are essential in accordance with regulatory legal acts in the field of resource supply.

18. The resource supply contract also provides for the following conditions:

b) the procedure for the interaction of the parties upon receipt of consumer complaints for quality and (or) the volume of the communal services provided;

d) defined taking into account the requirements of the legislation of the Russian Federation on energy saving and on increasing energy efficiency The condition for the delimitation of obligations of the parties on the equipment of an apartment building with a collective (general-purpose) accounting device and (or) adopted by agreement with the owners of residential and non-residential premises of the apartment building for the equipment of the Equipment Individual and (or) with common (apartment) accounting devices (residential buildings - an individual accounting device), including ensuring access to general-purpose property for the purposes of installing such accounting devices, as well as the obligation of the parties to ensure efficiency and compliance during the entire term of the contract of resource supply requirements operation of accounting devices established in accordance with the legislation of the Russian Federation;

s (1)) obligations of the Parties to transfer information provided for by regulatory legal acts regulating the procedure for establishing and applying the social norm for the consumption of electrical energy (power), in form and within the deadlines, which are established by such acts - in case the subject of the Russian Federation adopted decisions to establish such a social norm;

and) other conditions specified in the regulatory legal acts in the field of resource supply, as well as the conditions that the parties are covered by necessary.

19. When establishing a resource supply contract for the commencement of a communal resource, the following is taken into account:

20. When establishing a resource management rate, the quality of the communal resource is taken into account that its volume and quality should allow the Contractor to ensure the proper maintenance of common property in an apartment building, as well as the provision of public utilities to consumers in accordance with the requirements provided for by the rules for the provision of utilities and comply with the conditions Connections (technical specifications) of apartment buildings, general engineering and technical support networks, which are combined by residential buildings, to centralized engineering and technical support networks.

V d \u003d V P + V media + v n + v q + v kr + v n ONN,

V P - volume (number) of the municipal resource, determined for the estimated period in residential and non-residential premises according to the indications of room-containing electrical energy accounting devices (in the absence of general (apartment) instruments for accounting electrical energy), individual or total (apartment) metering devices;

V media - the volume (number) of the municipal resource, determined for the estimated period in residential and non-residential premises based on the amounts of average monthly consumption of the communal service in cases established by the rules for the provision of utilities;

V n - the volume (number) of the municipal resource, determined for the estimated period in residential premises based on the value of the communal service consumption in cases provided for by the rules for the provision of utilities;

V is a volume (number) of a communal resource defined for the estimated period in non-residential premises that are not equipped with individual accounting devices, in accordance with the rules for the provision of public services based on the calculated volume of utilities;

V CR - the volume (number) of the municipal resource used in the production and provision of a communal heating service and (or) hot water supply using equipment included in the general property of the owners of the premises in an apartment building defined for the estimated period in accordance with the rules for the provision of utilities services (in the absence of centralized heat supply and (or) hot water supply);

paragraph has lost its strength from January 1, 2017. - Decree of the Government of the Russian Federation of December 26, 2016 N 1498;

V N ONN - the volume (number) of the municipal resource, consumed in the content of common property in an apartment building in the absence of a collective (generalic) accounting device defined for the estimated period on the basis of the consumption standards for the relevant types of utility resources in order to maintain common property in an apartment building, Approved by the state authorities of the constituent entities of the Russian Federation.

Values \u200b\u200bof V P, V media, v no include the volume of the supply of utility resource owners of non-residential premises in an apartment building under resource supply contracts concluded directly with resource-supplying organizations;

N T is a regulatory of consumption of a communal heating service;

S i is the total area of \u200b\u200bthe i-th residential or non-residential premises in an apartment building;

if the period of operation of the accounting device amounted to more than 3 months (for heating - more than 3 months of the heating period) within 3 months after the onset of such an event is determined for utility resources, with the exception of thermal energy, in accordance with subparagraph "in" of this paragraph, where V NDN is determined on the basis of the average monthly consumption of the municipal resource, calculated in the manner and cases that are provided for by the rules for the provision of utilities, and in relation to heat energy - based on the average monthly volume of thermal energy defined by the testimony of the collective (general-purpose) of the thermal energy consumed for heating period;

e) the amount of communal resource supplied under the resource supply contract in a residential building, not equipped with an individual accounting device, is determined on the basis of a communal consumption standard, and in a home ownership that is not equipped with an individual accounting device - based on the standard of consumption of the communal service provided in the residential premises, and the cost of consumption of a communal service when using a land plot and surplus buildings, which are established in the manner prescribed by Part 1 of Article 157 of the Housing Code of the Russian Federation;

21 (1). In the presence of article 12 of the Federal Law of June 29, 2015 No. 176-FZ "On Amendments to the Housing Code of the Russian Federation and the Special Legislative Acts of the Russian Federation" Decisions on the conservation of the procedure for providing utilities and settlements for utilities, the availability of the contract The resource supply provided for in paragraph 17 of Article 12 of this Federal Law, as well as in the event of the implementation of the right provided for in paragraph 30 of these Rules, the procedure for determining the volume of utilities supplied under the resource supply contract concluded by the Contractor in order to maintain the common property of an apartment building, with the exception of thermal energy, Installed with the following:

V d \u003d V odd - V Potch,

V stupu - the volume of utility resource defined by the testimony of the collective (generalic) accounting device for the estimated period (estimated month);

V Potro - the volume of utility resources payable by consumers in an apartment building defined for the estimated period (estimated month) in accordance with the rules for the provision of utilities. If the value of V Potch exceeds or equal to the value of V OJU, the volume of the communal resource payable by the Contractor under the resource supply contract for the apartment building for the estimated period (estimated month) is taken equal to 0;

V d \u003d V one 1,

V OND 1 - the volume (number) of the municipal resource consumed in the content of common property in an apartment building, determined for the estimated period based on the monthly basis of the consumption of a communal resource, calculated in cases and in the manner provided for by the rules for the provision of utilities;

c) the volume of the municipal resource supplied to a multi-apartment building, not equipped with a collective (general) accounting device, or after the failure of the loss of the previously introduced collective (generalic) accounting device or the expiration of its operation, if the period of operation of the accounting device was less 3 months, or after 3 months from the moment of failure, the loss of the previously commissioned collective (generalical) accounting device or the expiration of its operational period, if the period of operation of the accounting device was more than 3 months, or in case of failure to provide the performer of information on the testimony of collective ( general-purpose) accounting device in terms established by legislation or contract of resource supply, or at the unaccepting contractor 2 or more than once representatives of the resource supply organization for verifying the state of the established and commissioned collective (generalical) accounting device (verification of the accuracy of the presented information about The attention of such a metering device) is determined for the estimated period (estimated month) by the formula:

V d \u003d V n ON

where V n OND is defined in accordance with paragraph 21 of these Rules;

22. When establishing a resource supply contract, the procedure for determining the value of the communal resource is taken into account as follows:

a) the cost of the communal resource required to ensure the provision of utilities is calculated on the tariffs established in the manner determined by the legislation of the Russian Federation on state regulation of prices (tariffs), and in relation to categories of consumers, for which state regulation of prices (tariffs) is not carried out, - at prices calculated in accordance with regulatory legal acts in the field of resource supply. If the subject of the Russian Federation decides on the establishment of a social norm for the consumption of electrical energy (power), the cost of electrical energy (power) in relation to volume (quantity) to be paid over the estimated period by owners and employers of residential premises and includes the volume of electrical energy, provided for public needs in an apartment building is calculated using prices (tariffs) established for the population and consumer categories equivalent to it within and over and over the social norm of electrical energy consumption (power), taking into account the characteristics established by regulatory acts regulating the establishment order and Applications of the social norm for the consumption of electrical energy (power). The cost of electrical energy (power) in terms of exceeding the volume of electrical energy (power) provided for generalic needs, determined on the basis of the testimony of the collective (generalic) accounting device, on the volume calculated on the basis of the regulations for the consumption of the communal service provided for generalic needs, which In accordance with clause 44 of the Rules for the provision of utilities is subject to payment by the Contractor of utilities, is calculated using prices (tariffs) established for the population and consumer categories equivalent to it over the social norm of electrical energy consumption (power);

b) the cost of the communal resource required to ensure the provision of public services to users of non-residential premises is calculated on the basis of tariffs for the population only if the owners of non-residential premises refer to the category of consumers equated to the population;

b (1)) the cost of a communal resource used in order to maintain a common property in an apartment building is calculated using prices (tariffs) established for the population;

c) in the event of premiums to tariffs (prices), the cost of the utility resource is calculated taking into account such allowances;

e) in the case of supplying a resource-supplying organization of the utility resource inadequate quality and (or) with interruptions exceeding the established duration, the amount of utility resource is changed in the manner determined by the rules for the provision of utilities;

e) if there is obligations and technical possibilities for the installation of a collective (generalical) device for taking into account thermal energy The cost of heat energy supplied to an apartment building, which is not equipped with such an accounting device, as well as put in an apartment building after 3 months after the failure of the loss has previously The commissioned collective (generalical) instrument of carbon-based metering (after its operating date), as well as the cost of thermal energy during the failure to submit the performer of information on the testimony of the collective (generalic) instrument of thermal energy accounting in the deadlines established by the legislation or the resource supply contract, when Contractor 2 and more than the representatives of a resource-supplying organization to verify the state of the established and commissioned collective (generalic) device for taking into account thermal energy (verification of the accuracy of the presented information about the readings of such a metering device) are determined Based on the cost of consumption of the municipal service for heating and the total area of \u200b\u200bresidential and non-residential premises in an apartment building with an increase in the increasing coefficient, the value of which is set in a size equal to 1, 1. This coefficient does not apply if there is an act of examination for the establishment of the presence (absence) of technical the possibilities of installing a collective (generalic) instrument for accounting for utility resources confirming the absence of the technical ability to install such a metering device, starting from the estimated period in which such an act is compiled;

g) in the presence of the duties and technical possibility of installing a collective (generalical) device of accounting for cold water, hot water and (or) electrical energy cost of a communal resource consumed in the content of common property in an apartment building in the absence of a collective (generalic) accounting device, as well as In case of failure, the loss of the previously commissioned collective (generalic) instrument of accounting or the expiration of its operating period after 3 months after the occurrence of such an event, with the failure of the Contractor of information on the testimony of the collective (generalic) metering device in the deadlines established by the Resource Treaty, Upon invalid by the Contractor 2 or more times, representatives of the resource-supplying organization for verifying the state of the established and commissioned collective (generalical) accounting device is determined based on the requirements of the consumption of the relevant types of utility resources in order to maintain the general Property in an apartment building, taking into account the increase in the coefficient, the value of which is set in the amount equal to 1, 5.

24. The resource supply contract provides for the responsibility of the resource-supplying organization for violating the quality indicators and the volume of the communal resource supplied under the contract, which was the reason for the provision of a communal service of inappropriate quality and (or) in the improper volume, which are applied in relations between the Contractor and the resource-supplying organization as an additional Responsibility measures (in addition to the measure provided for by subparagraph "D" of paragraph 22 of these Rules) and which are established in accordance with the Civil Laws of the Russian Federation and regulatory legal acts in the field of resource supply.

25. When determining in the contract of resource supply, the procedure for payment of utility resource provides for payment:

in case of adoption by the general meeting of the owners of premises in an apartment building or the general meeting of members of a partnership or a cooperative decision on making utility fees directly to resource-supplying organizations - by making consumers directly to the resource-supply organization on time and in cases established by housing legislation of the Russian Federation, fees For the corresponding view of the communal service consumed in residential and (or) non-residential premises in an apartment building, with the exception of fees for the corresponding type of communal resource consumed in order to maintain common property in an apartment building, as well as the executive deposit until the 15th day of the month Over the past settlement period (settlement month), if the resource supply contract does not provide for a later date of payment of the utility resource, to a resource-supplying organization of fees for a communal resource consumed in order to maintain common property in an apartment building.

The contractual supply contract establishes procedure, deadlines and form of submission of the resource-supplying organization to the Contractor of information on its debt to pay for utility resources on the 1st month following the estimated period, as well as the procedure and deadlines for the preparation of the resource-supplying organization and the Contractor of the Calculation Act of the Calculations under the RESOURCEMENT Treaty and The form of such an act. The act of reconciliation of calculations is compiled at least 1 time per quarter.

25 (1). In the case of the adoption by the public authority by the subject of the Russian Federation, the decision to pay for utility services for heating evenly during the calendar year the volume of utility resources payable under the resource supply contract is determined:

a) in the case of supplying a communal resource to an apartment building equipped with a collective (generalical) instrument for the metering of thermal energy, or in a residential building (home ownership), equipped with an individual accounting device - based on the average monthly volume of thermal energy consumption according to the testimony of collective (generalic) or individual Accounting device for the previous year (and in the absence of such testimony - based on the consumption standard), taking into account the adjustment once a year before the cost of thermal energy consumed over the past year and measured by a collective (general a) accounting device defined in the manner prescribed by paragraph 22 of these rules;

25 (2). The coefficient of periodicity of payment for heat energy is determined by an equal ratio of the number of months of the heating period, including the incomplete, determined by the authority of the constituent entity of the Russian Federation to establish the relevant regulations for the consumption of the communal heating, approved for the heating period in accordance with the rules of establishing and determining consumption standards Communal Services and Communal Resource Consumption Regulations In order to maintain a common property in an apartment building approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306 "On approval of the rules for establishing and determining the regulations for the consumption of utilities and regulations for the consumption of communal resources in order to maintain common property in an apartment building. "

d) the responsibility of the Contractor for non-fulfillment of the legitimate requirements of the resource-supplying organization to suspend or restrict the provision of public services to the consumer who has debt on its payment (if there is a technical ability to fulfill these requirements), including in the form of a refund of the resource-supplying organization of losses incurred by it as a result non-fulfillment by the performer of these requirements, as well as the procedure for applying such responsibility;

29. The contract of resource supply provides for the procedure for suspending and restricting the submission of a communal resource in emergency situations, during the period of the planned-preventive repair of centralized engineering and technical support networks and in the case of an arrears in a resource-supplying organization for the delivered communal resource in the amount exceeding the cost of the relevant Municipal resource for 1 billing period (estimated month), as well as the responsibility of the parties for violating this order. The specified procedure is determined in accordance with the regulatory legal acts in the field of resource supply, taking into account the requirements provided for by the rules for the provision of utilities, and should exclude the possibility of suspending or restricting the provision of utilities to consumers who conscientiously performing their obligations to pay utilities.

30. The resource supply contract provides for the right:

a) for a resource-supplying organization - for a unilateral refusal to the contract of resource supply with the Contractor in terms of community resources supply in order to provide a communal service in residential and non-residential premises of an apartment building - if the Contractor has a conviction of payment or confirmed by the decision of the Court of Debt to the Resource Synaboing Organization For the delivered communal resource in the amount exceeding the value of the relevant utility resource for 3 estimated periods (estimated month). This condition should ensure compliance with the rights and legitimate interests of consumers, conscientiously performing their obligations to pay for the relevant type of communal service, including by providing them with this type of communal service to a resource-supplying organization to the conclusion of a resource supply agreement with another performer or directly with consumers, as well as by Consumer notifications about the presence of such debts and the opportunity to choose the owners of premises in an apartment building of a different way to manage an apartment building, another managing organization and the conclusion of a resource supply contract directly with a resource-supplying organization in the event of a direct method of managing the owners of premises in an apartment building;

b) for the artist - to refuse to fulfill the resource supply agreement in the event of termination of duties on the mainstream property in an apartment building and (or) providing the relevant utility service. This provision should provide for the payment of a communal resource resource-supplying contract for the resource supply in full and fulfillment of other obligations that arose before termination of the contract of resource supply, including obligations arising from the application of responsibilities for violating the contract, or a refusal to fulfill the resource supply contract in terms of acquisition. Communal resources in order to provide a communal service - in case of termination of responsibilities for the provision of an appropriate communal service.

application

to the Government Decree

Russian Federation

The formula, in accordance with which the volume of the utility resource supplied under the resource supply contract in an apartment building, not equipped with a collective (generalic) accounting device

In the rules obligatory at the conclusion of the management organization or a partnership of owners of housing or by a housing cooperative or other specialized consumer cooperatives with resource-supplying organizations, approved by PP of the Russian Federation of 14.02.2012 No. 124 (hereinafter referred to as Rule 124), paragraph 25.1, which establishes the procedure for determining the volume of utilities (heat energy) in order to provide a communal heating service to be paid under the resource supply contract in the event of the adoption by the public authority by the subject of the Russian Federation decisions on the implementation of the payment of a communal heating service evenly during the calendar year. Subparagraph "A" of clause 25.1 of the Rules 124 establishes that when choosing a method of paying heating evenly during the calendar year, payment by the Contractor of Communal Services (hereinafter - ICI), providing owners of premises in an apartment building equipped with a dormitory accounting device (hereinafter referred to) Heating services, payment of heat energy in favor of a resource-supply organization (hereinafter referred to as RSO) is made during the year monthly for an equal volume of utility resource with adjustment once a year. However, the RSO ranges monthly place the volume of heat source determined by Appears (that is, on the fact of consumption), motivating these actions by the norms of civil law of the Russian Federation (Articles 309, 310, 539, 544 of the Civil Code of the Russian Federation, the Law of July 27, 2010 No. 190 -FZ) and clarifications of the Ministry of Construction of Russia, data, that new edition Paragraph 21 of Rules 124 does not change the earlier procedure for determining the volume of communal resources supplied under the resource supply contract for the provision of a residential building of the communal heating in an apartment building. That is, the indicated RSOs believe that paragraph 25.1 of the rules 124 is not subject to use in any case, the existence of this norm is absolutely meaningless. Some RNS are ready to recognize the obligation of the application of clause 25.1 of the Rules 124, but only for those resource supply contracts, which are concluded before the introduction of the specified norm by force, since it is not impossible to give the reverse force to paragraph 25.1 of Rules 124.

When is it used by paragraph 25.1 of the rules 124?

Paragraph 25.1 of the rules 124 are subject to use in the case provided for by the specified clause, namely: " in case of adoption by the authority of the state of the constituent entity of the Russian Federation, a decision on the implementation of the payment of the utility service for heating is evenly during the calendar year».

The specified position regulates the relations between ICA and the RSO exclusively in part of the determination of the volume to be paid from the ICA in favor of the RSO thermal energy provided in order to provide consumers of a communal heating service, and solely in the case of the adoption by the authority of the State University of the Directorate of the Directorate of the Department of Public Services for Heating Uniform during the calendar year. Other cases of application of paragraph 25.1 of the rules 124 is not provided.

Paragraph 25.1 of Rules 124 approves the procedure for determining the amount of heat supplied to provide a communal services to heating to owners and users of residential buildings (households) and premises of apartment buildings (hereinafter referred to as MKD) - as equipped with general homes (for residential buildings - individual) accounting devices Heat and energy and not equipped with the specified devices.

It should be noted that Rules 124 approved by the Government of the Russian Federation in pursuance of Article 157 of the LCD RF. At the same time, the LCD of the Russian Federation by virtue of Part 1 of Article 4 of the Federal Law of December 29, 2004 No. 189-FZ and part 8 of article 5 of the LCD of the Russian Federation has priority to the norms of other branches of the legislation of the Russian Federation. Consequently, the rules of rules 124 have priority over the norms of civil law of the Russian Federation - including those of Articles 539, 544 of the Civil Code of the Russian Federation and the provisions of the Federal Law of July 27, 2010 No. 190-FZ.

Paragraph 25.1 of the Rules 124 is not subject to use in determining the volumes of payable other utilities, except heat energy in order to provide heating services, and is also not used in the case of heating during the heating period.

The procedure for the application of paragraph 25.1 of the rules 124

In the case of adoption by the authority of the subject of the Russian Federation, the decision to pay for the payment of the utility heating is evenly during the calendar year, the amount of communal resource resource resource (heat), delivered under the contract of resource supply (heat), set in order to provide a communal service to heating to owners and users of the MCD premises equipped with OK, is determined in accordance with subparagraph "a" of clause 25.1 of the rules 124.

This norm establishes that in the indicated case, the volume of heat is determined in the direction of the ICC in favor of the RSO. based on the average monthly volume of thermal energy consumption according to the testimony of collective (generalic) ... Accounting device for the previous year (and in the absence of such testimony - based on the consumption standard), taking into account the adjustment once a year before the cost of thermal energy consumed over the past year and measured collective (generalical) accounting instrument».

At the same time, the actual volume of consumed MCD heat energy is determined in accordance with clause 21 of Rules 124, however, a certain actual amount of heat consumed is used to determine the size of the adjustment, as well as to determine the average monthly consumption for its use for calculations next year. A certain actual amount of thermal energy consumed for the estimated period is not applied when determining the amount of charge payable from the ICA in favor of the RLO size of the communal resource (heat energy), delivered to provide a communal heating service.

Calf Clauses 21 and 25.1 Rules 124

In the case of the payment of the communal heating service evenly during the year, the determination of the volume of actually consumed heat energy in order to provide a communal heating service is carried out in accordance with paragraph 21 of the Rules 124. At the same time, the volume of heat supplies payable from the ICA in favor of the RSO is determined in accordance with Paragraph 25.1 of Rules 124.

Thus, paragraph 21 regulates the procedure for calculating the actual consumed volume of the communal resource, and clause 25.1 regulates the procedure for calculating the volume of utility resource to be paid in the event that the method of payment of heating is uniform during the calendar year is chosen in the subject of the Russian Federation.

Paragraph 25.1 of Rules 124 is special norm In relation to paragraph 21 of the Rules 124, and in the case of the conditions specified in clause 25.1, the application in order to determine the size of the ICA's obligation to the RSO for a specific settlement period (month) is paragraph 25.1 of the rules 124.

Explanations of the Ministry of Economy

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And the rules approved by this resolution shall enter into force on the date of entry into force of the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation of May 6, 2011 N 354;

G) the volume of the communal resource supplied under the resource supply contract in the residential building, in terms of consumption of the communal service when using the land plot and surplus buildings, is determined in the manner prescribed for the determination of utility resource in the absence of regulatory legal acts in the field of electric power industry, heat supply, gas supply , mandatory requirements in the field of design and use of water supply systems, unless otherwise established by the resource supply contract;

H) in the aggregate volume of the communal resource supplied to the apartment building, the volume of the utility resource used to provide the public utilities of the relevant type of owners and users of non-residential premises, including in relation to each non-residential premises, the utility consumption consumption determined on the readings of accounting devices or on the basis of settlement volumes of the municipal resource in accordance with the procedure established by the Agreement between the Resource Changing Organization and the owner or the user of non-residential premises, taking into account the rules for the provision of utilities to citizens;

I) change the amount of the communal resource fee in the case of supplying resource-supplying organization of the utility resource of inadequate quality or with interruptions exceeding the established duration provided for by the rules is carried out in the manner prescribed by the rules for the provision of utilities to citizens;

K) the procedure for identifying the reasons for the provision of a utility resource inadequate quality and (or) in the improper scope in the case of the regulations, is determined by section VIII Rules providing utilities to citizens;

L) If a collective (general) accounting device is installed in an apartment building, the communal resource volume payable by the Contractor, in the case of the rules, is defined as the difference between the amount of utility resource defined for the estimated period according to the readings of such a metering device, and:

The volume of utility services defined for the estimated period in residential and non-residential premises according to the indications of individual or general (apartment) metering devices;

The volume of utility services defined during the estimated period in residential and non-residential premises based on the amounts of average monthly consumption of utility services and regulations for the consumption of utilities in cases and in the manner prescribed by the rules for the provision of utilities to citizens;

The calculated volume of utility services in non-residential premises that are not equipped with individual accounting devices. At the same time, the estimated volume of utility services is determined in the procedure agreed by the parties, taking into account the provisions of the rules for the provision of utilities to citizens;

M) The procedure for suspension and restrictions on the submission of a communal resource, provided for in the rules, is determined in the resource supply contract in accordance with regulatory legal acts in the field of resource supply, taking into account the requirements provided for by the rules for the provision of utilities to citizens.

4. To the Ministry of Regional Development of the Russian Federation, in agreement with the Federal Antimonopoly Service, to approve exemplary energy supply agreements (purchase and sale, electricity supply (power)), heat supply and (or) hot water supply, water disposal, gas supply (including The number of supplies of household gas in cylinders) to ensure the provision of owners and users of premises in an apartment building or residential house of utilities of the relevant view.

Rules,
mandatory at the conclusion of the management organization or partnership owners of housing or housing cooperative or other specialized consumer cooperatives with resource-supplying organizations
(appliance. Decree of the Government of the Russian Federation of February 14, 2012 N 124)

1. These Rules establish mandatory requirements when entering off the owners of housing or housing cooperative or other specialized consumer cooperative (hereinafter - partnerships and cooperatives) or the management organization with resource-supplying organizations of energy supply contracts (purchase and sale, supply of electrical energy (power)), heat supply and (or) hot water, cold water supply, water supply, gas supply (including the supply of household gas in cylinders) in order to ensure the provision of owners and users of premises in an apartment building or residential building (hereinafter - consumers) of the communal service of the relevant type (hereinafter - the contract Resource supply).

"Contractor" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur who provide communal services;

Communal Resources - Cold Water, Hot Water, Electrical Energy, Natural Gas, Heat Energy, Household Gas Ballons, Solid Fuel (in the presence of furnace heating) used to provide utilities. The utility resources are also equated with waste household waters allocated through centralized engineering and technical support networks;

"Resource Consumer Organization" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur who sell utility resources (wastewater diversion);

"Centralized Engineering and Technical Support Networks" is a set of pipelines, communications and other structures intended for submission of utility resources to domestic engineering systems (diversion of household wastewater from domestic engineering systems).

Decree of the Government of the Russian Federation of February 14, 2012 N 124
"On the rules obligatory at the conclusion of contracts for the supply of communal resources"

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

2. Install that:

4. To the Ministry of Regional Development of the Russian Federation in coordination with the Federal Antimonopoly Service in a 6-month term to approve exemplary energy supply agreements (purchase and sale, electricity supply (power)), heat supply and (or) hot water supply, cold water supply, drainage, gas supplies (including the supply of household gas in cylinders) in order to provide the provision of owners and users of premises in an apartment building or residential house of utility services of the corresponding species.

Rules,
mandatory at the conclusion of the management organization or partnership owners of housing or housing cooperative or other specialized consumer cooperatives with resource-supplying organizations
(appliance. Decree of the Government of the Russian Federation of February 14, 2012 N 124)

With changes and additions from:

July 22, 2013, February 25, 2014, December 25, 2015, June 29, December 26, 2016, February 27, 2017, May 22, July 13, 2019

2. The concepts used in these Rules mean the following:

"Outdoor engineering systems" - which are common property of owners of premises in an apartment building Engineering communications (networks), mechanical, electric, sanitary and other equipment designed to submit utility resources from centralized engineering and technical support networks to internal equipment, as well as for the production and provision by a communal executor heating services and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply);

"Contractor" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur, which is entrusted with a duty to maintain common property in an apartment building and (or) communal services in cases provided for by the rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings" (hereinafter - the rules for the provision of utilities);

"utilities" - carrying out activities for submitting to consumers of any communal resource separately or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential and non-residential premises, common property in an apartment building, as well as land plots and residential buildings located on them ( households);

"Communal Resources" - cold water, hot water, electrical energy, natural gas, thermal energy, household gas in cylinders, solid fuel (in the presence of furnace heating) used to provide utilities to consumers, as well as cold water, hot water, electrical energy consumed when The content of common property in an apartment building. Equel waters assigned to centralized engineering and technical support networks are also equal to utility resources, including in order to maintain common property in an apartment building;

"Resource Consumer Organization" - a legal entity Regardless of the organizational and legal form or an individual entrepreneur who sell utility resources (wastewater discharge);

"Centralized engineering and technical support networks" - a set of pipelines, communications and other structures intended for submitting utility resources to domestic engineering systems (wastewater leads from outdoor engineering systems).

In settlements, urban districts related to the price zones of heat supply in accordance with the federal law "On heat supply", under the quality of municipal resource - thermal energy, the parameters of the quality of heat supply and parameters reflecting permissible interruptions in heat supply, determined in accordance with the Federal Law "on heat supply "And the rules for organizing heat supply in the Russian Federation, approved by Decree of the Government of the Russian Federation of August 8, 2012 N 808" On the organization of heat supply in the Russian Federation and on amending some of the acts of the Government of the Russian Federation "(hereinafter referred to as the rules for the organization of heat supply).

3. Resource-supply contracts are in accordance with the procedure established by the Civil Law of the Russian Federation, taking into account the characteristics provided for by these Rules.

4. The management organization, a partnership or a cooperative, for which, in accordance with the management agreement, an apartment building, including a partnership or a cooperative with a management organization, or the charter of a partnership or a cooperative is entrusted with the obligation to maintain a common property of an apartment building and (or) to provide consumers Communal services are referred to a resource-supplying organization to conclude a resource supply contract for the acquisition of an appropriate communal resource in order to provide a communal service and (or) consumed in the content of the general property of an apartment building, including in cases provided for in clause 21.1 of this Regulation.

6. The following documents or copies, certified by the head of the Contractor or the person authorized by him, are applied to the application (offer).

a.1) License to carry out entrepreneurial activities for the management of apartment buildings and the decision of the state housing supervision authority on amending the register of licenses of the constituent entity of the Russian Federation - for managing organizations;

d) documents on the installation and acceptance of a collective (generalical) accounting device (with such a metering device);

(e) Documents containing information about the size of the area of \u200b\u200beach residential and non-residential premises in an apartment building, as well as about the total area of \u200b\u200bpremises in an apartment building, including premises included in the general property in an apartment building, or about the size of the area of \u200b\u200bresidential house and heated premises of the survive buildings, as well as the size of the area of \u200b\u200ba land plot not occupied by a residential building and surplus buildings;

7. Documents confirming the presence of the Contractor to provide an appropriate communal service, as well as duties on the main property in an apartment building, are:

a) for the management organization:

b) for a partnership or a cooperative:

charter of the partnership or cooperative.

8. Resource-supplying organization is not entitled to demand the submission submission of documents not provided for by these Rules.

The documents specified in paragraphs 6 and these Rules are presented in the form of copies, which must be certified by persons who issued such documents or the person authorized in accordance with the legislation of the Russian Federation to perform actions to assign copies of such documents.

The Contractor has the right to submit a resource-supplying organization at the same time originals and copies of the documents specified in paragraphs 6 and these Rules. After reconciling the identity of the copy and the original of the document, the original is returned to the Contractor.

9. In the event of an appeal to a resource-supplying organization 2 or more persons with applications (offer) in relation to the same apartment building or a residential building or submission to a resource-supplying organization of applications (offer) during the previously concluded resource supply contract for the same and the same Apartment house or residential building Resource-supplying organization suspends consideration of such applications (offer) to establishments in the manner prescribed by the legislation of the Russian Federation, the empowerment to conclude a contract of resource supply of persons who have applied with applications (offer), including through inspections of compliance with the requirements of the legislation of the Russian Federation to the creation and activities of legal entities and the activities of individual entrepreneurs engaged in the management of apartment buildings, which are carried out in the prescribed manner by the executive authority of the subject of the Russian Federation, carrying out the state housing supervision, Or before making a decision by the court (in the case of consideration by the court, the question of the legality of the creation and activities of legal entities or individual entrepreneurs engaged in the management of apartment buildings).

11. In the event of a non-receipt by the party, sending an application (offer), within 30 days from the date of receipt of the application (offer) of the other party to the consent to conclude a resource supply agreement on the proposed conditions or on other conditions that relevant civil and housing legislation of the Russian Federation, including These rules and regulatory legal acts in the field of resource supply, or refusing to enter into a resource supply agreement on the grounds provided for by these Rules, as well as in case of obtaining a refusal to conclude a resource supply agreement on the grounds not provided for by these Rules, the party sent to the application (offer) It is entitled to apply to the court with the requirement of coordinating the other Party for which the conclusion of such a contract is mandatory, to conclude a resource supply agreement.

At the same time, in the cases referred to in paragraph 21.1 of these Rules, the resource supply contract for the utility resource consumed when using common property, with a non-receipt of the party, sent a request, within 30 days from the date of receipt of the application to another party to consent to conclude a resource supply agreement on the proposed Conditions either on other conditions corresponding to the civil and housing legislation of the Russian Federation, including this Regulation and regulatory legal acts in the field of resource supply, is recognized as concluded from the date of the direction of the specified application.

13. The grounds for refusing a resource-supply organization from the conclusion of a resource supply agreement are:

the lack of a license management license to carry out entrepreneurial activities for the management of apartment buildings;

lack of licenses in the register of a subject of the Russian Federation of information on the implementation of the management organization of the management organization of an apartment building (apartment buildings) in order to ensure the provision of owners and users of premises in which the communal services of the relevant type and acquisition of utility resources consumed in the content of common property in an apartment building managing organization Directed an application (offer);

the absence of the obligation of the resource-supply organization to conclude a resource supply agreement with any person applied to it in cases provided for by regulatory legal acts in the field of resource supply;

the presence of cold water supply, hot water supply, drainage, power supply, gas supply (including the supply of household gas in cylinders), heat supply concluded by the owners of residential premises in an apartment building with a relevant resource-supplying organization in cases provided for by the rules for the provision of utilities. The indicated basis for the refusal of a resource-supply organization from the conclusion of a resource supply agreement does not apply in the case of the conclusion of a resource supply agreement with respect to the volume of the communal resource provided for in paragraph 21.1 of this Regulation.

In case of refusal to conclude a contract of resource supply on these grounds, a resource supply organization is obliged to notify the Contractor on refusing to conclude a resource supply agreement with the reasons for such a refusal within 5 working days from the date of receipt of the application (offer) of the Contractor and Documents provided for in paragraphs 6 and these Rules

14. Presentation by the Contractor provided for in paragraphs 6 and these Rules, not in full or improper design is not a basis for refusing to conclude a resource supply agreement. In this case, the resource-supplying organization reports to the Contractor in writing within 5 working days from the date of receipt of documents on the documents allowed and the procedure for their elimination, after which it suspends the consideration of the submitted documents without returning to the Contractor until it receives the missing (properly executed) documents from it if The parties have not agreed on other. If the missing (properly decorated) documents are not submitted by the Contractor of the Resource-Synchtering Organization within 30 days from the date of the suspension of the consideration of the submitted documents, the resource-supplying organization has the right to terminate the consideration of the application (offer) and return the documents to the Contractor. The Contractor has the right to send a request (offer) of the same resource-supplying organization again after eliminating the shortcomings that served as the basis for the termination of the consideration of the application (offer).

17. The essential conditions of the resource supply contract are:

a) the subject of the contract (type of communal resource);

b) the date of the beginning of the delivery of the utility resource;

c) indicators of the quality of the supplied utility resource;

d) the procedure for determining the volume of communal resource supplied;

(e) Payment of utility resource. At the same time, the estimated period is taken equal to 1 calendar month;

g) other conditions that are essential in accordance with regulatory legal acts in the field of resource supply.

18. The resource supply contract also provides for the following conditions:

a) The condition for the delimitation of the responsibility of the parties for non-compliance with the quality of the communal resource. Unless otherwise established by the Resource Treaty, the resource-channel organization is responsible for the quality of the communal resource on the border of the section of domestic engineering systems, which are common property owners of premises in an apartment building, or general engineering networks, which are combined by residential buildings and which are connected to centralized networks. engineering and technical support and centralized engineering and technical support networks intended to submit a utility to domestic engineering systems (wastewater removal from intramanema systems). The specified border of the section is determined in accordance with the act of distinguishing the balance sheet of networks and the act of operational responsibility of the parties, copies of which are attached to the resource supply contract. The Contractor is responsible, including for the actions of consumers, provided for by clause 35 of the Rules for the provision of utilities, which entailed the violation of the resource resource quality indicators established by the Company's quality and volumes of the communal resource supplied. The Contractor is obliged to control the quality of the supplied communal resource and the continuity of its filing on the border of the section of the Outdoor Engineering Systems and Centralized Engineering System Networks;

b) the procedure for the interaction of the parties upon receipt of consumer complaints for quality and (or) the amount of communal services provided, the obligation of the Contractor to receive consumer messages about the fact of providing utility services for uncomfortable quality and (or) with interruptions exceeding the established duration, and interact with resource-supplying organizations when considering specified messages in the manner prescribed by the rules

Change information:

Paragraph 18 is supplemented by subparagraph "B.1" from June 1, 2019 - Resolution of the Government of Russia of May 22, 2019 N 637

b.1) The procedure for the interaction of the parties during the testing of the testimony of a collective (general-purpose) device for the consistency of thermal energy for an apartment building (individual accounting device for a residential building) in order to identify deviations of the values \u200b\u200bof the quality of heat supply and (or) parameters reflecting permissible breaks in heat supply, stipulated by the regulations for the organization of heat supply and included in the heat supply contract, beyond their permitted deviations;

Change information:

Decree of the Government of the Russian Federation of December 25, 2015 N 1434 clause 18 is supplemented by subparagraph "D.1"

d.1) Obligations of the Parties to sign acts that record the testimony of collective (generalic) accounting devices at the time of termination of the obligations of the management organization, including in connection with the exception of information about an apartment building from the register of licenses of the subject of the Russian Federation or in connection with the termination or cancellation of the license the management organization for the implementation of entrepreneurial activities for the management of apartment buildings (hereinafter referred to as a license);

e.1) Obligations of the resource-supplying organization for the transmission by the Contractor of Individual, General (apartment) instruments of accounting and (or) other information used to determine the volume of consumption of utility resource, deadlines and the procedure for transferring this information, as well as the obligation of a resource supply organization to notify the contractor conducting a resource-supplying organization of verification of the accuracy of the information provided by the consumer on the testimony of these accounting devices and / or verification of their condition and the right of representatives of the Contractor to participate in such inspections in cases provided for in paragraph 21.1 of these Rules, with the exception of the case, if the obligations to collect such information are carried out by the Contractor Agreement with a resource-supply organization;

Change information:

Decree of the Government of the Russian Federation of July 22, 2013 N 614, paragraph 18 is supplemented by subparagraph "Z.1"

z.1) Obligations of the Parties to transfer information provided for by regulatory legal acts regulating the procedure for establishing and applying the social norm for the consumption of electrical energy (power), in form and within the deadlines, which are established by such acts - in case the subject of the Russian Federation decisions on the establishment of such a social norm;

Change information:

Rules are complemented by subparagraph "Z.2" from July 31, 2019 - Resolution

z.2) The obligation to provide a resource-supplying organization access to common property in an apartment building for restrictions or suspension, as well as resuming the communal services to the consumer, or in cases provided for by clause 21.1 of these Rules, by agreement with the resource-supplying organization, restriction or suspension, as well as the resumption of communal services to the consumer;

Change information:

The rules are complemented by subparagraph "Z.3" from July 31, 2019 - Decree of the Government of Russia of July 13, 2019 N 897

c.3) The responsibility of the Contractor in the event of termination of the resource supply agreement or one-sided refusal of a resource supply organization from the resource supply contract with the Contractor in terms of community-based resources in order to provide a communal service in the residential premises of an apartment building to provide a resource supply organization within 5 working days from the date of termination of the Treaty. intelligence:

surname, name, patronymic (if available), date and place of birth, details of a document certifying personality, contact telephone and email address (if any) of each owner of residential premises in an apartment building, name (brand name) and place of state registration of a legal entity , contact phone, if the owner of the residential premises in an apartment building is a legal entity;

the addresses of residential premises in an apartment building, owners or users of which are provided utilities, indicating the total area of \u200b\u200bresidential premises, the total area of \u200b\u200bpremises that are part of the common property in an apartment building, the area of \u200b\u200bresidential premises, as well as the number of persons permanently residing in the residential premises, and other information required for calculating utility fees in accordance with the rules for the provision of utilities;

information about the presence and type of individual, common (apartment), room, household appliances and distributors, date and place of their installation (commissioning), etc. The manufacturer or the organization that has carried out the last calibration of the metering device, the date of the separation of the instruments accounting, on the basis of the testimony of which payments for utilities are calculated, as well as their testimony for 12 billing periods preceding the date of provision of such information;

information about compiled acts of the examination for the establishment of the presence (lack) of the technical ability to install individual, general (apartment), household appliances in residential premises of an apartment building;

information on the application with respect to the owner and user of residential premises in an apartment building social support on paying utilities in accordance with the legislation of the Russian Federation;

information on residential premises in respect of which the restriction was introduced or suspending the provision of an appropriate communal service in the case provided for by subparagraph "A" of clause 117 of the Communal Services Rules, as well as information on the elimination of grounds for the introduction of such limitation or suspension;

information on cases, periods and grounds for recalculating the amount of fees for utilities provided to the consumer, copies of documents confirming the right of the consumer to recalculate the size of the board in accordance with the rules for the provision of utilities, for the previous 12 calendar months;

details of documents confirming the ownership of every residential premises in an apartment building, and (or) of their copies (if available);

and) other conditions specified in the regulatory legal acts in the field of resource supply, as well as the conditions that the parties are covered by necessary.

19. When establishing a resource supply contract for the commencement of a communal resource, the following is taken into account:

20. When establishing a resource management rate, the quality of the communal resource is taken into account that its volume and quality should allow the Contractor to ensure the proper maintenance of common property in an apartment building, as well as the provision of public utilities to consumers in accordance with the requirements provided for by the rules for the provision of utilities and comply with the conditions Connections (technical specifications) of apartment buildings, general engineering and technical support networks, which are combined by residential buildings, to centralized engineering and technical support networks.

21. In the establishment of the procedure for determining the volume of the communal resource supplied under the resource supply contract concluded by the Contractor in order to provide utilities and consumed in the content of common property in an apartment building, with the exception of cases provided for in paragraph 21.1 of these Rules, the following is taken into account:

c) the volume of utility resource, with the exception of thermal energy used in order to provide a municipal heating service supplied for the estimated period (estimated month) in an apartment building, not equipped with a collective (general) accounting device, as well as after 3 months after exiting Building, the loss of the previously commissioned collective (generalic) metering device or expiration of its operation is determined by the formula:

the ninth paragraph has failed from January 1, 2017;

The volume (number) of the municipal resource consumed in the content of common property in an apartment building in the absence of a collective (generalic) accounting device defined for the estimated period based on the consumption standards for the relevant types of utility resources in order to maintain common property in an apartment building approved by state authorities Subjects of the Russian Federation.

b.1) The volume of thermal energy supplied during the estimated period (estimated month) into an apartment building, not equipped with a collective (general-purpose) accounting device, as well as after 3 months after the failure of the loss of the previously commissioned collective (generalic) instrument The accounting or expiration of its operation is determined by the formula:

A regulatory of consumption of a communal heating service;

The total area of \u200b\u200bthe i-th residential or non-residential premises in an apartment building;

b.2) The volume of the communal resource supplied for the estimated period (estimated month) into an apartment building, in case of failure, the loss of the previously commissioned collective (generalic) accounting device or the expiration of its operational period:

if the period of operation of the accounting device was more than 3 months (for heating - more than 3 months of the heating period) within 3 months after the occurrence of such an event is determined in relation to utility resources, with the exception of thermal energy, in accordance with subparagraph "in" of this paragraph, where it is determined Based on the average monthly volume of consumption of the municipal resource, calculated in the manner and cases that are provided for by the rules for the provision of utilities, and in relation to heat energy - enters the average monthly volume of thermal energy defined according to the testimony of a collective (general-purpose) device for taking into account thermal energy consumed for the heating period ;

if the period of operation of the accounting device was less than 3 months, (for heating - less than 3 months of the heating period), then in relation to utility resources, with the exception of thermal energy, is determined in accordance with subparagraph "in the sub-clause" B.1 "of this paragraph;

b.3) The volume of the communal resource supplied for the estimated period (estimated month) into a multi-apartment building, with the failure of the Contractor of information on the testimony of the collective (general-purpose) accounting device in the deadlines established by the legislation or the resource supply agreement, or at the unaccepting Contractor 2 or more of the representatives resource-supplying organization to verify the state of the established and commissioned collective (generalic) accounting device (verification of the accuracy of the presented information about the readings of such a metering device) is determined in relation to utility resources, with the exception of thermal energy, in accordance with subparagraph "in" of this paragraph, and in regarding thermal energy - in accordance with subparagraph "B.1" of this paragraph;

v.4) Wastewater volumes allocated for the estimated period (estimated month) on centralized engineering and technical support networks under a distribution contract from an apartment building, not equipped with a collective (general-purpose) device of wastewater accounting, as well as in case of failure, loss The previously commissioned collective (generalical) device of wastewater accounting or the expiration of its operation is determined by the formula:

The volume of wastewater assigned to the estimated period (estimated month) on centralized networks of engineering and technical support under the drainage agreement;

The volume of cold water supplied in the estimated period (estimated month) under the resource supply contract in an apartment building;

The volume of hot water supplied in the estimated period (estimated month) under the resource supply contract in an apartment building;

e) the amount of communal resource supplied under the resource supply contract in a residential building, not equipped with an individual accounting device, is determined on the basis of a communal consumption standard, and in a home ownership that is not equipped with an individual accounting device - based on the standard of consumption of the communal service provided in the residential premises, and the cost of consumption of a communal service when using a land plot and surplus buildings, which are established in the manner prescribed by Part 1 of Article 157 of the Housing Code of the Russian Federation;

Change information:

Decree of the Government of the Russian Federation of July 22, 2013 No. 614, paragraph 21 is supplemented by sub-clause "F"

21.1. In cases provided for by subparagraphs "G" - "F" of clause 17 of the rules for the provision of utilities, the procedure for determining the volume of utility resource supplied under the resource supply contract concluded by the Contractor in order to maintain common property in an apartment building, with the exception of thermal energy in order to provide a communal service By heating, it is installed with the following:

The volume of utility resource defined by the testimony of a collective (generalic) accounting device for the estimated period (estimated month);

c) the volume of the municipal resource supplied to a multi-apartment building, not equipped with a collective (general) accounting device, or after the failure of the loss of the previously introduced collective (generalic) accounting device or the expiration of its operation, if the period of operation of the accounting device was less 3 months, or after 3 months from the moment of failure, the loss of the previously commissioned collective (generalical) accounting device or the expiration of its operational period, if the period of operation of the accounting device was more than 3 months, or in case of failure to provide the performer of information on the testimony of collective ( general-purpose) accounting device in terms established by legislation or contract of resource supply, or at the unaccepting contractor 2 or more than once representatives of the resource supply organization for verifying the state of the established and commissioned collective (generalical) accounting device (verification of the accuracy of the presented information about The attention of such a metering device) is determined for the estimated period (estimated month) by the formula:

where it is determined in accordance with paragraph 21 of these Rules.

21.2. In apartment buildings, the owners of the premises in which have the obligation established by the legislation of the Russian Federation, the obligation to equip multi-family houses with collective (general-purpose) devices for consideration of cold water, hot water, electrical energy, thermal energy and which are not equipped with such devices or in which the owners of the premises in an apartment building are not Provided in the prescribed manner to restore the health of the emerging or replacement of the previously lost and commissioned collective (generalic) accounting, keeping accounting for utility resources consumed, as well as the implementation of settlements for utility resources is carried out on the basis of the testimony of collective (generalic) accounting devices established by the Contractor and commissioned in the prescribed manner. If, after installing the collective (generalic) accounting device, the Contractor is established and commissioned in the prescribed manner, another accounting device, to take into account the consumed utilities and the implementation of settlements for utilities and resources, the testimony established by consumers of a collective (generalic) accounting device are applied.

22. When establishing a resource supply contract, the procedure for determining the value of the communal resource is taken into account as follows:

a) the cost of the communal resource required to ensure the provision of utilities is calculated on the tariffs established in the manner determined by the legislation of the Russian Federation on state regulation of prices (tariffs), and in relation to categories of consumers, for which state regulation of prices (tariffs) is not carried out, and in cases established by the legislation of the Russian Federation in the field of heat supply - at prices calculated in accordance with regulatory legal acts in the field of resource supply. If the subject of the Russian Federation decides on the establishment of a social norm for the consumption of electrical energy (power), the cost of electrical energy (power) in relation to volume (quantity) to be paid over the estimated period by owners and employers of residential premises and includes the volume of electrical energy, provided for public needs in an apartment building is calculated using prices (tariffs) established for the population and consumer categories equivalent to it within and over and over the social norm of electrical energy consumption (power), taking into account the characteristics established by regulatory acts regulating the establishment order and Applications of the social norm for the consumption of electrical energy (power). The cost of electrical energy (power) in terms of exceeding the volume of electrical energy (power) provided for generalic needs, determined on the basis of the testimony of the collective (generalic) accounting device, on the volume calculated on the basis of the regulations for the consumption of the communal service provided for generalic needs, which In accordance with clause 44 of the Rules for the provision of utilities is subject to payment by the Contractor of utilities, is calculated using prices (tariffs) established for the population and consumer categories equivalent to it over the social norm of electrical energy consumption (power);

b.1) The cost of the communal resource used in order to maintain common property in an apartment building is calculated using prices (tariffs), certain (established) for the population;

c) in the event of premiums to tariffs (prices), the cost of the utility resource is calculated taking into account such allowances;

e) if there is obligations and technical possibilities for the installation of a collective (generalical) device for taking into account thermal energy The cost of heat energy supplied to an apartment building, which is not equipped with such an accounting device, as well as put in an apartment building after 3 months after the failure of the loss has previously The commissioned collective (generalical) instrument of carbon-based metering (after its operating date), as well as the cost of thermal energy during the failure to submit the performer of information on the testimony of the collective (generalic) instrument of thermal energy accounting in the deadlines established by the legislation or the resource supply contract, when Contractor 2 and more than the representatives of a resource-supplying organization to verify the state of the established and commissioned collective (generalic) device for taking into account thermal energy (verification of the accuracy of the presented information about the readings of such a metering device) are determined Based on the standard of consumption of the municipal service for heating and the total area of \u200b\u200bresidential and non-residential premises in an apartment building with the use of an increase in the coefficient, the value of which is set in a amount equal to 1.1. This coefficient does not apply if there is an act of a survey for establishing the presence (lack) of the technical ability to install a collective (general-purpose) device for taking public resources confirming the absence of the technical ability to install such a metering device, starting from the estimated period in which such an act is compiled;

25. When determining in the contract of resource supply, the procedure for payment of utility resource provides for payment:

25.1. In the case of the adoption by the public authority by the subject of the Russian Federation, the decision to pay for utility services for heating evenly during the calendar year the volume of utility resources payable under the resource supply contract is determined:

25.2. The coefficient of periodicity of payment for heat energy is determined by an equal ratio of the number of months of the heating period, including the incomplete, determined by the authority of the constituent entity of the Russian Federation to establish the relevant regulations for the consumption of the communal heating, approved for the heating period in accordance with the rules of establishing and determining consumption standards Communal Services and Communal Resource Consumption Regulations In order to maintain a common property in an apartment building approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306 "On approval of the rules for establishing and determining the regulations for the consumption of utilities and regulations for the consumption of communal resources in order to maintain common property In an apartment building, to the number of months in the calendar year. "

28. The contract of resource supply provides for the right of a resource supply organization to inform consumers about the state of settlement of the Contractor for the utility resource on the relevant resource supply contract, but not more often 1 time per month.

30. The resource supply contract provides for the right:

) For a resource-supplying organization - to one-sided refusal to execute a resource supply agreement with the Contractor in terms of public utilities in public utilities in order to provide a communal service in residential and non-residential premises of an apartment building in the event that the Contractor has recognized or confirmed entered into legal force judicial act Debt to the resource-supplying organization for the delivered communal resource in the amount equal to or more than two average monthly values \u200b\u200bof obligations to pay under the resource supply contract, regardless of the following payment of this debt, by the Contractor, except for the case of a complete repayment of such debts by the Contractor before the judicial act enthusiasm.

The average monthly value of obligations (p obligs) is determined by the resource-supplying organization according to the formula:

S post - the amount of the obligations of the Contractor under the resource supply agreement for 12 months preceding the date of the sending of a notice of unilateral refusal to execute the contract, and if the contract was performed less than 12 months, - for the period of the contract, determined on the basis of invoices for payment or other documents containing the requirement on the payment of the actual communal resource exhibited by the resource-supply organization;

n - 12, and if the resource supply contract was performed less than 12 months, the number of months of its execution.

Upon the expiration of 30 calendar days from the date of the direction of the Contractor notice to the unilateral refusal to execute a resource supply contract in terms of community resources in terms of communal services to provide utilities to the owners of the premises in the apartment building, the contract for the provision of solid management services communal waste It is considered terminated completely, and the resource supply contract is considered to be terminated in part of the supply of utilities in order to provide the relevant communal service to owners and users of premises in an apartment building and continues to operate in terms of the acquisition of utility resources consumed when using and maintaining common property in an apartment building. In accordance with paragraph 21.1 of these Rules

Change information:

Decree of the Government of the Russian Federation of December 25, 2015 N 1434 Rules are complemented by paragraph 32

application
to the Decree of the Government of the Russian Federation
of February 14, 2012 N 124

The volume of the communal resource supplied under the resource supply contract to a multi-apartment building, not equipped with a collective (general) accounting device (), is determined by the following formula:

The volume (number) of the municipal resource defined for the estimated period in residential and non-residential premises according to the indications of individual or general (apartment) metering devices;

The volume (number) of the utility resource, determined on the volume of the average monthly consumption of the communal resource in cases established by paragraph 32 by the Resolution

The volume (number) of the municipal resource, determined for the estimated period in residential premises that are not equipped with individual or common (apartment) accounting devices, based on the standard of consumption of the communal service, including the consumption of this resource for generalic needs, as well as in cases established by paragraph 32 of the Rules providing utilities to citizens approved by the Decree of the Government of the Russian Federation of May 23, 2006 N 307;

The volume (number) of the municipal resource, determined for the estimated period in non-residential premises, not equipped with individual accounting devices, based on the calculated volume of utilities in the manner established by the Agreement of the Parties to the Resource Treaty, taking into account the rules for the provision of utilities to citizens approved by the Government Decree of the Russian Federation from 23 May 2006 N 307;

The volume (number) of the municipal resource used for the estimated period in the production and provision of a communal heating service and (or) hot water supply using equipment included in the general property of the owners of the premises in an apartment building defined on the basis of the readings of the accounting devices to determine volume, and in their absence - on the basis of specific expenses Municipal resource on the production of a unit of thermal energy on the target of heating or a unit of hot water on the goal of hot water supply in accordance with the technical characteristics of such equipment.

Note. Indicators, and do not include the volume of commissioning of the communal resource to owners of non-residential premises in an apartment building under resource supply contracts concluded by them directly with resource-supplying organizations.

ATTACHMENT. - I lost strength. (as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

Rules obligatory at the conclusion of the management organization or partnership owners of housing or housing cooperative or other specialized consumer cooperatives with resource-supplying organizations

When is it used by paragraph 25.1 of the rules 124?

The procedure for the application of paragraph 25.1 of the rules 124

Calf Clauses 21 and 25.1 Rules 124

Explanations of the Ministry of Economy

Rules, mandatory at the conclusion of the management organization or partnership owners of housing or housing cooperative or other specialized consumer cooperatives with resource-supplying organizations (appliance. Decree of the Government of the Russian Federation of February 14, 2012 N 124)

With changes and additions from:

Change information:

Change information:

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Rules,
mandatory at the conclusion of the management organization or partnership owners of housing or housing cooperative or other specialized consumer cooperatives with resource-supplying organizations
(appliance. Decree of the Government of the Russian Federation of February 14, 2012 N 124)