A common house heat meter in an apartment building: benefit or punishment. Household water meters Who installs house-wide electricity meters

It is fashionable to engage in energy efficiency. For this, you can get praise even from the head of the Ministry of Construction. And it is obligatory and even profitable to engage in energy efficiency in small MKDs, since the opposite will lead to losses and fines. Don't believe? Especially for you, in 2017, the state prepared a “gift” in the form of an obligation to supply common house heat energy meters on MKD, the maximum amount of heat energy consumption in which is less than 0.2 Gigacalories per hour.

Many of you know that in MKD, the maximum volume of thermal energy consumption in which is less than 0.2 Gigacalories per hour, common house meters (hereinafter referred to as ODPU) for thermal energy can not be set. This, they say, is spelled out in the Federal Law of November 23, 2009 No. 261-FZ “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts Russian Federation"(hereinafter referred to as -261-FZ).

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

From July 31, 2017, a new edition of 261-FZ is in force. According to paragraph 8 of article 13 of 261-FZ, owners of premises in an MKD, the maximum volume of thermal energy consumption of which is less than 0.2 Gcal per hour, about are obliged to ensure that such facilities are equipped with metering devices for used thermal energy, as well as putting the installed metering devices into operation.

In the new edition of 261-FZ, before July 01, 2018, resource supplying organizations are required to submit proposals to owners of premises in MKDs (under direct contracts) or managing organizations (HOA) on equipping MKDs with a maximum volume of heat energy consumption of less than 0.2 Gcal per hour with metering devices used thermal energy (clause 10, article 13 261-FZ).

In turn, managing organizations and HOAs are obliged to inform the owners of the premises about the proposals received from the RNO for the ODPU unit. (clause 10, article 13 261-FZ).

Please note that if the owners of the premises are not notified by the managing organization (HOA) about the proposals of the RSO for the installation of the ODPU, the managing organization (HOA) may be held liable under paragraph 5 of article 9.16 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine for legal entities from 20,000 to 30,000 rubles .

As practice has shown, RNOs are not particularly in a hurry to install an ODPU for thermal energy on MKD. The reason for the sluggishness is simple - you can make good money on this RSO.

From January 01, 2017, a new version of the Rules is in force, which are mandatory when concluding a contract for the supply of communal resources, approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Rules 124). According to paragraph 22 of Rule 124, if there is a responsibilities and technical ability to install in the MKD ODPU and its absence, RCO has the right to apply in the calculations for the delivered in the MKD thermal energy increasing coefficient, the value of which is set at a rate equal to 1.1.

The problem is that the managing organization (HOA) cannot “re-charge” the cost of thermal energy to the owners of the premises in the form of a multiplying factor, which means that every month the managing organization will incur losses in the amount of 10% of the cost of the thermal energy supplied to the MKD.

MKD with large area premises on the territory of the Russian Federation are mostly equipped, but with the "trifle" over the next year there will be problems:

According to 261-FZ RSO, after installing the ODPU in the MKD, is obliged to provide the owners with an installment plan for premises in the MKD, which means that first it is necessary due to working capital install ODPU, and then wait 5 years, when the owners of the premises will pay off the RSO. This “injustice” for the North Ossetia, which consists in the obligation to comply with the requirements of the federal law, is constantly “corrected” by the most fair Supreme Court of the Russian Federation in the world, forcing not the owners of the premises, but the managing organizations and homeowners associations to pay for the OPD. That is, the RSO can be used small houses, and expose the entire cost of the ODPU to the managing organization (HOA) without providing an installment plan for payment.

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

The legislator has not clearly defined how exactly the management organizations and HOAs should inform the owners of the premises about the proposals received from the RSO for the installation of the ODPU. As I see it optimal way will be the inclusion of the issue of the need to install an ODPU in the agenda of the general meeting of the owners of the premises.

In addition to all of the above, I would like to draw your attention to the fact that the opportunity to set the cost of the ODPU to the owners of the premises in the MKD depends primarily on what caused the installation of ODPU:

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

If the ODPU is established by the managing organization (HOA) on the basis of a directive from the supervisory authority, then it will most likely not be possible for the owners of the premises to set the cost of the ODPU, since the installation of the ODPU is an energy-saving measure, which means that they must be carried out by the managing organization (HOA) independently (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 2010 N 6464/10 in case N A08 -4962 / 2009-27, paragraphs "and" paragraph 10 of the Rules for the maintenance of common property in apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491).

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

And finally.

There is a lovely document, namely the Order of the Ministry of Energy of the Russian Federation of 04/07/2010 No. 149 "On approval of the procedure for concluding and essential terms of the contract governing the conditions for the installation, replacement and (or) operation of metering devices for used energy resources." Read this order at your leisure, especially since with its help you can force RSO to install ODPU or give an act on the impossibility of installing ODPU, which will protect against a multiplying factor.

Not all the RSO rejoice ...

Sincerely, Kochetkov Yuri.

Today, no one doubts the advisability of installing meters, but if everything is clear with apartments, then the question is, who should install the metering devices still occurs. Energy supplies supplied to apartment buildings go, including for general house needs, so they should also be reflected in the receipts of residents. The absence of meters leads to the fact that public utilities receive less funds, besides this good soil for abuse. Now you will find out whether the installation of an ODPU is mandatory, and who should do it, in principle.

Law on common house meters

Utility bills are one of the main expenses of Russians, so they do not want to pay money for services that were not provided. To make payments for energy carriers more transparent, it is necessary to install both individual and common house meters. The difference in their testimony, in fact, is common house needs, which also have to be paid.

This is also understood by the legislators who signed Federal Law No. 344 back in 2013, which implies an increase in the coefficients for objects that do not yet have an ODPU. Starting from 2017, for such houses the coefficient has increased by 1.6 times, meanwhile, according to the provisions of Law No. 261, energy resources (including water) must be paid according to meter readings.

Is it necessary to install ODPU

Unfortunately, there are still people who do not understand the importance of installing common house meters for electricity, gas, water and heat, but meanwhile the expediency of installing them is obvious. First of all, this is necessary in order to take into account actual consumption, and not pay, for example, for losses in main pipelines, and this happens quite often. It should be noted that the cost of energy carriers is growing and tariffs are reviewed once every six months. Unfortunately, residents cannot influence this, but they can save money by controlling consumption and reducing consumption. Installing ODPU will help:

pay not for "air", but for the actually provided service;
to draw a line between service providers and residents in matters of payment for losses on backbone networks;
spend correct calculations and allocate the amounts that go to pay for common house needs;
control the consumption of electricity, gas, heat and water, reducing them, if necessary.

Define actual dimensions consumed energy carriers in any other way, except for the installation of an ODPU, is not possible. It is for this reason that much attention is paid to their installation today, and public utilities are increasingly hearing that who is required to install common house meters. People are worried, in particular, whether this will not be an unbearable burden on the shoulders of the tenants themselves, who already pay a lot of money for utilities.

Who should install the ODPU

Today, most apartments are equipped autonomous systems heating and hot water supply, meanwhile, no one canceled the payment for ODN. In any case, most apartment buildings connected to central systems water, gas, electricity and heat supply, namely the availability centralized systems- the main condition for the installation of common house appliances that take into account energy consumption. There is no need for their installation in dilapidated housing construction and emergency facilities.

Residents of a house that needs to install an ODPU should understand that, according to existing legislation, and this is clearly stated in the Federal Law "On Energy Saving", they fall directly on the owners living quarters. That is, each owner of the residential premises is provided with an invoice, which indicates what specific amount he must pay for the installation of the meter.

When calculating the costs for the installation of an ODPU, “equalization” is not allowed, and payment is made taking into account the characteristics of the premises - its area and share in common property, respectively. It is not difficult to calculate the share of the owner, for which it is necessary to divide the area of \u200b\u200bthe apartment by the total area of \u200b\u200bthe house and multiply by the area of common areas.

Installation of ODPU: procedure and payment procedure

Residents of apartment buildings resolve all issues at general meetings, and since common house meters are part of joint ownership, it is also necessary to make a decision on their installation together. Their installation can only be started after a joint decision has been made, and it is a duty to inform about the place of the meeting. management company, and in case of failure to notify the owners, the Criminal Code faces a fine.

Despite the fact that the installation of meters requires financial costs, many residents, tired of the lawlessness of public utilities and inflated bills, understand the need for this step. Remains open question how payments are made: one-time or in installments. In some cases, even funds allocated by the owners of utility systems for organizing energy saving measures can be used for this. According to law No. 354, public utilities are obliged to use the difference between the standard and the amount, taking into account the multiplying factor, to improve energy saving issues. It is these amounts that we are talking about in this case.

Most often, tenants are faced with a one-time payment of one hundred percent, it is not uncommon for payment to be made in installments. In this case, the amount is divided into equal parts and included in the payment for utilities for 5 years. Despite the fact that it is convenient, this form of mutual settlements involves the payment of interest for installments (according to the size of the refinancing rates of the Central Bank).

Is it possible to refuse the installation of ODPU

With seeming democracy in matters of installing common house meters, the law also provides for a situation where the owner refuses to do this. In this case, according to the provisions of Article 13 of the Federal Law "On Energy Saving", energy suppliers can do this forcibly. In this case, they should be given access to the premises, while the cost of the devices will still be calculated from the end user. In the event of a forced collection, the cost of installation will increase, and it turns out that the owners of residential premises have no other choice but to install common house meters.

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

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

Answer: Federal Law N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" dated 11/23/2009.

2. Who is responsible for the equipment apartment building ODPU?

Answer: Before July 1, 2012 duty ensure that houses are equipped with metering devices for the resources used: water, heat energy, electrical energy, as well as the commissioning of installed metering devices, assigned to the property owners in apartment buildings put into operation on the day the Federal Law “On Energy Saving” comes into force.

In case of non-fulfillment by the owners of the obligation to install the ODPU within the specified period, organizations that supply water, heat, electricity or their transmission must equip apartment buildings with ODPU and engineering and technical support networks of which are directly connected to the networks of an apartment building.

(Federal Law N 261-FZ of November 23, 2009)

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

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

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

4. Why LLC "UKS" did not collect the owners and decided to install the ODPU itself?

Answer: The installation was carried out in accordance with the requirements of the Federal Law N 261-FZ of November 23, 2009. forcibly in apartment buildings, owners of premises in which they did not fulfill the obligation to install common house meters in their homes thermal energy and/or hot water until 01.07.2012. Forced installation does not imply holding meetings of owners of premises in apartment buildings. At the same time, the owners of the premises are obliged to pay the expenses of the Udmurt Communal Systems company for the installation of the ODPU, in case of refusal to pay, the expenses will be recovered in court.

5. How is the cost of the ODPU, which is equipped with an apartment building, determined?

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

From the diameter of the pipeline section, which in each house is different,

From different in each case configuration of devices,

From the nuances of its installation.

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

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

Answer: In accordance with paragraph 28. Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building ...": The owners of the premises are obliged to bear the burden of the costs of maintaining the common property in proportion to their shares in the common ownership of this property. Thus, the payment calculation mechanism is the same for owners of residential and non-residential premises and is defined in proportion to the area premises owned.

7. How is the amount of the fee for the FTA for each premises determined?

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

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

Answer: For owners of non-residential premises - a must.
For citizens - owners of premises in apartment buildings, the law provides for the right to installment plans for a period not exceeding 5 years. Homeowners can pay expenses of organizations specified in the Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation"for the installation of these metering devices in equal installments within 5 years from the date of installation of the FGD, provided that they do not express their intention to pay such costs in a lump sum or with a shorter installment period.

9. What is the installment "price"?

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

(Article 13, paragraph 12 of the Federal Law N 261-FZ of November 23, 2009)

10. Can consumers check the correctness of the billed costs for the installation of the LRTS?

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

In case of disagreement with the amount of expenses for the installation of a collective (common house) metering device and (or) the share of expenses attributed to it, the owner of the premises has the right to contact the organization that installed such a metering device and issued the invoice with disagreements, and if disagreements are not settled, he has the right to appeal issued invoice in the manner prescribed by the legislation of the Russian Federation. (Item 38(1) of Section III of the Decree of the Government of the Russian Federation of August 13, 2006 N 491).

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

Answer: The law provides, firstly, for the accrual of penalties on the unpaid amount, and also, in the event that the Owner refuses to pay expenses on a voluntary basis, he will be obliged to pay the expenses incurred by the organizations that established the LPPU due to the need for enforcement.

12. Will all multi-apartment buildings be equipped with an LHP?

Answer: The requirements regarding the organization of metering of used energy resources do not apply to facilities whose power consumption of electrical energy is less than five kilowatts (in relation to the organization of metering of used electrical energy) or the maximum volume of consumption of thermal energy of which is less than two tenths of a gigacalorie per hour (in relation to organization of accounting for used thermal energy) (Article 13. p. 1. Federal Law N 261-FZ of November 23, 2009).

13. Can consumers opt out of calculations made on the basis of the GDPR?

Answer: No. Calculations for energy resources should be carried out on the basis of data on the quantitative value of energy resources, determined using metering devices for used energy resources, starting from the month following the month when these metering devices were put into operation (clause 2, Article 13. Federal Law "On Energy Saving and on improving energy efficiency and amending certain legislative acts of the Russian Federation").

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

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

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

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

Housing inspectors began to check the presence of common house meters in the MKD. Readers write to us about it. If the ODPU is not found, they issue orders to establish it or fine it. Why all of a sudden?

The fact is that from August 6, 2017, supervision over the installation of the ODPU as part of energy saving was transferred to the GZhI from the Federal Antimonopoly Service of Russia. And if its employees checked documents rather than basements, and fined resource workers, now the situation has changed. Housing inspectors come and write prescriptions to those they are used to - UO and housing associations.

We figured out how the changes will affect your work, and we will tell you:

why it is beneficial for organizations managing MKD to establish an ODPU;
who and how decides on the installation of the ODPU;
how to finance the installation of an ODPU;
what to do if the owners are inactive;
who is responsible.

At the end of the article, there are three arguments for the GZhI in favor of the fact that you cannot, on your own initiative, equip houses with ODPU and are not responsible for their absence.

Why is it beneficial for organizations managing MKD to install common house meters in 2017

Without metering devices, calculations are made according to the standards for the consumption of communal resources and the cost is higher.

In August, two additional reasons appeared to equip MKD not only with a metering device, but also with an automated information and measuring system for metering the consumption of communal resources and utilities.

First reason. Now such a system can be installed at the expense of the overhaul fund, if the constituent entity of the Russian Federation includes this opportunity in the list of services and works for the overhaul of common property in an apartment building. This is provided for by Part 2 of Art. 166 ZhK RF.

Table. Comparison of ways to equip MKD with metering devices

The second reason. If the MKD is equipped with an automated information-measuring accounting system with the ability to take readings at once, then the fee for the KR at the SDI must be calculated based on the readings of this accounting system. The owners will not have to meet at a general meeting and make a separate decision on this issue. For more information about the new procedure for paying for CR on SDI, see the article "Nine news about paying for utility resources for the maintenance of common property."

Who and how decides on the installation of ODPU

You, on your own initiative and at your own expense, cannot put up an ODPU. Let's explain.

At the end of the 2000s, the government planned to equip all MKDs with metering devices. The deadline was set for July 1, 2013. Resource-supplying organizations (RSO) were connected to this process - they were obliged to engage in the installation of ODPU at the request of those who wish. And now, for seven years now, the mechanism for installing the ODPU by the RNO and at the expense of the owners of the premises in the MKD has been working. But while the former do not do this, and the latter do not finance, your debt for consumed communal resources is growing.

So, the decision to install the ODPU is made by the general meeting of the owners of the premises in the MKD. This is due to the fact that the ODPU is included in the common property in the MKD.

The general meeting chooses the method of installing the ODPU in the MKD:

on their own (by the organization managing the MKD and the contractor);
by the RSO.

In the first case, the owners "throw off", and you buy a meter and organize its installation. We recommend doing just that - it's fast and reliable.

In the second case, the owners decide to apply to the RSO for the installation of the ODPU, and you prepare the necessary package of documents, submit an application. It is important to remind the owners that the ODPU will be installed, albeit by the forces of the North Ossetia, but at their expense.

Picture. An example of the content of the minutes of the general meeting in the MKD on equipping the MKD with a common house heat energy meter

Who pays for the installation of metering devices

You are not obliged to equip the MKD ODPU at your own expense. There are three sources of funding for this project:

target funds of owners of premises in MKD;
means of capital repair fund;
budgetary funds of the regional or municipal level.

In the table, we compared the advantages and disadvantages different ways equipment of MKD ODPU.

Who chooses the method of payment for the installation of common house meters

We recommend taking the initiative in your own hands. Find out from the owners which payment mechanism for installation is preferable. In life, the owners are not passionate about equipping the house with metering devices, and you will have to do all the organizational work.

You can initiate a general meeting in the MKD and include on the agenda the issue of equipping the MKD with common house metering devices for consumed communal resources. The approximate content of such a protocol is shown in the figure.

January 1, 2019 -

Until this date, the North Ossetia of Crimea and Sevastopol are obliged to send proposals for the installation of an

If you are a managing organization and work under an MKD management agreement or another agreement with the owners of premises in an MKD, you can initiate a general meeting at any time. This is provided for by Part 7 of Art. 45 LCD RF. The housing association does not have such powers, but there is an "emergency exit". Homeowners associations, housing cooperatives, housing cooperatives must hold a general meeting in the MKD if they receive a corresponding application from the owners (part 6 of article 45 of the RF Housing Code). Make a statement-request, let it be signed by the members of the board of the housing association (the owners of the premises in the MKD). Then collect the signatures of other owners - all you need is 10% of the votes of the total number of votes of the owners in the MKD. Collected signatures - prepare a general meeting.

Who bears administrative responsibility for the non-installation of common house metering devices

Based on the results of the inspection, the housing inspectorate may fine RSO. So it was before. It is important that a fine can be issued not for the absence of a particular meter, but for a refusal to install it. Administrative responsibility is provided for by Part 12 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation and for a legal entity is from 50 to 100 thousand rubles.

RSOs can be fined only in cases where there was an application to establish an ODPU that was not fulfilled for some subjective reasons.

In any case, you are an improper defendant under Part 12 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation. If the owners did not show initiative, you did not submit an application to the RSO, and, as a result, there is no ODPU in the house, then there is no one to fine.

The inspectors found a loophole and refer to Part 4 of Art. 12 of the Federal Law of November 23, 2009 No. 261-FZ. This part of the law states that the person responsible for the maintenance of the MKD is obliged to carry out energy saving measures included in the approved regional list of such measures in relation to the common property in the MKD. Owners are required to bear the costs of these activities. It turns out that if the regional list includes equipping MKD with metering devices, then you are obliged to do this. Required, but in accordance with housing legislation. And it requires the decision of the general meeting of the owners of the premises. And let us recall that administrative responsibility is provided only for persons supplying utility resources, that is, for the RNO.

reference

Under what conditions RSO establish ODPU

The procedure for concluding an agreement with the RSO for the installation of an ODPU and the essential terms of the agreement were approved by order of the Ministry of Energy of Russia dated 07.04.2010 No. 149.

The main terms of the contract for the installation of a metering device, concluded with the RSO, are established by paragraph 9 of Art. 13 of Federal Law No. 261-FZ.

The contract must include required condition on the procedure for paying the price of the contract:

at the same time;
in equal installments over 5 years;
with a shorter grace period.

If you pay for the installation of the ODPU in full in installments, the price of the contract is fixed and is determined as the total value of the price of the device, its installation and interest for the installment payment period at the refinancing rate of the Central Bank of the Russian Federation.

With a one-time payment, the price of the contract is fixed and is determined as the total value of the price of the device and its installation.

P.S. three arguments for the housing inspector

We have prepared for you three arguments that we recommend that the housing inspector voice.

The decision to install metering devices for communal resources in the MKD is within the competence of the general meeting of owners of premises in the MKD, since the ODPU is included in the common property (part 1, article 36, article 44 of the RF LC).
You can submit an application to the RNO for equipping the house with an ODPU only by decision of the general meeting of the owners of the premises in the MKD.
Administrative responsibility for refusing to equip MKD with metering devices for communal resources is provided only for the Republic of North Ossetia (part 12 of article 19.16 of the Code of Administrative Offenses of the Russian Federation).

In response to the housing inspector's order to install common house meters, we recommend initiating a general meeting to resolve this issue.

Download number in format pdf(10234 kB)

The Ministry of Construction of Russia explains the procedure for compensating expenses for the installation of common house energy metering devices

Rubric: Accounting for energy resources
Author:

The Ministry of Construction of Russia issued a letter dated April 09, 2014 No. 5792-MS / 04, in which it explained the procedure for compensating the costs of installing a collective (common house) metering device for a communal resource.

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

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

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

Part 12 of Article 13 of the Law on Energy Saving determines that citizens are owners of residential buildings, country houses or garden houses, citizens - owners of premises in apartment buildings, who did not fulfill the obligations stipulated by parts 5 - 6.1 of Article 13 of the Energy Saving Law within the prescribed period, if this required the said organizations to take actions to install metering devices for the energy resources used, paid in equal installments over five years from the date of their installation, the costs of these organizations for the installation of these metering devices, provided that they do not express their intention to pay such costs at a time or with a shorter installment period. If an installment plan is granted, the costs of installing metering devices for the energy resources used are subject to an increase in the amount of interest accrued in connection with the provision of an installment plan, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in force on the date of accrual, unless the corresponding compensation carried out at the expense of the budget of the subject of the Russian Federation, the local budget.

We clarify that when installing metering devices without providing an installment plan, the costs of these organizations for the installation of metering devices for the energy resources used consist, among other things, of: the cost of the metering device, the costs of developing design documentation for the equipment of the metering unit, its installation and commissioning, expenses for the receipt and transfer of funds, distribution of payment documents and correspondence for payment for the installation of metering devices.

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

If an installment plan is granted, the said costs for the installation of metering devices for the energy resources used in accordance with Part 12 of Article 13 of the Law on Energy Saving are subject to an increase in the amount of interest accrued in connection with the provision of an installment plan, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in force as of the date of accrual, except for cases when the corresponding compensation is carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget.

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

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After the division into individual consumption and general house needs (ODN), regardless of the order in which apartment buildings are managed, residents pay separately for utilities and separately for services at ODN. However, if there is a common house meter for hot and cold water tenants pay ODN according to the readings of the general meter, and no charges in excess of the specified amount should be made.

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

in the event of the loss of part of the water resources on the mains and in the event of leakage of heat and water supply, the residents of the houses should not compensate for the losses from their own pocket,
service adjoining territory(for example, watering lawns) also passes under the control of residents.

However, these advantages do not remove the main objection: if different consumers spend different amount common resources, why should everyone pay the same average amount, and is it possible to avoid such “inequality” without violating the law. Not less than frequently asked question: who should pay for the purchase of common house water meters.

Legal requirements: clarification

Federal Law (No. 261-FZ) "On Energy Saving" in part 5 p. 13 involves the mandatory installation of common house meters for cold and hot water, placing the responsibility for the acquisition and installation on management organizations and owners. Responsibility for safety and functionality is also assigned to them.

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

Article 158 of the "Housing Code of the Russian Federation" establishes the obligations of tenants in relation to compensation for the costs of maintaining the common territory.

There are two types of owners:

Owners of residential premises (apartments) in multi-apartment buildings are owners who have privatized the apartments with a certificate of ownership.
Municipalities as holders of the ownership of apartment buildings. The municipal property management, which manages these houses, delegates the right to:
- management companies,
- directly to apartment owners (depending on the chosen form of management).

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

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

In this interpretation, the amount for the installation is divided among the tenants proportionally in accordance with the size of the living area.

At the same time, Law No. 261-FZ retains the right to installment plans for apartment owners. In this case, the payment is divided into five years, starting from the date of installation and receipt of a receipt for payment. Installment payments are made in equal installments. However, in addition to direct payment, the owner will have to pay more interest for installments. Their size corresponds to the refinancing rate of the Central Bank of the Russian Federation, which is valid on the day the payment is calculated. This interest rate includes:

money transfer costs
expenses aimed at maintaining information systems (these include resources that ensure the processing of data on current payments and their storage),
the cost of mailing correspondence and payment documents during the entire installment period.

Common house water meters are legally included in the common house property and, starting from the moment of installation, the resource consumption begins to be calculated in proportion to the areas of apartments in an apartment building. Payment for municipal housing is made by the municipality, for a privatized apartment - by its owner. At the same time, if there is a non-residential premises (for example, a store on the ground floor), ODNs are also distributed to this area. The legitimacy of the proportional division of services for ODN is enshrined in the decision of the Supreme Court of the Russian Federation No. AKPI12-1277.

Installation of the counter and order of prices

Installation cost depends on:

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

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

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

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

In the event of a complete refusal to purchase a common house meter, the organization initiating the process may file a claim with the court. In most of these cases, the court imposes penalties on the plaintiff and decides to purchase a common house meter. The management company also faces penalties if it did not notify the owners of the need to purchase an accounting device.

Types of popular common house meters

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

Features to look out for:

flow range width,
the ability to remove the sealed mechanism without emptying the pipeline,
possibility of mounting on vertical, horizontal and inclined pipelines,
swivel mechanism for easy reading,
the presence of external adjustment for the removal of metrological parameters,
the presence and number of pulse outputs, and their suitability for configuration with various sensors.

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

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

With all apartment owners proportionately paying their bills, residents are quickly learning how to save, from buying various modified savers (eg http://water-save.com/) to giving up some wasteful household habits.

Installation of common house meters

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

Answer: Federal Law N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" dated 11/23/2009.

2. Who is responsible for equipping an apartment buildingODPU?

Answer: Before July 1, 2012 duty ensure that houses are equipped with metering devices for the resources used: water, heat energy, electric energy, as well as putting the installed metering devices into operation, assigned to the property owners in apartment buildings put into operation on the day the Federal Law “On Energy Saving” comes into force.

(Federal Law N 261-FZ of November 23, 2009)

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

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

4. Why LLC "UKS" did not collect the owners and decided to install the ODPU itself?

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

How is the cost of the ODPU, which is equipped with an apartment building, determined?

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

- from different equipment in each specific case,

- from the nuances of its installation.

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

7. How is the amount of the fee for the FTA for each premises determined?

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

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

9. What is the installment "price"?

(Article 13, paragraph 12 of the Federal Law N 261-FZ of November 23, 2009)

Can consumers verify the correctness of the billed costs for the installation of the LRTS?

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

12. Will all multi-apartment buildings be equipped with an LHP?

13. Can consumers opt out of calculations made on the basis of the GDPR?

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

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

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

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

Mandatory installation of a common house metering device (ODPU) is provided for by Russian law. And many residents of Buryatia are still asking for an explanation of what ODPU is, although Federal Law No. 261 “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation” entered into force back in 2009. "New Buryatia" tried to figure out the procedure for paying for the installation of collective metering devices.

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

ODPU will be installed by the resource supplying organization

According to federal law“On energy saving…”, if before July 1, 2012 the residents did not install collective metering devices on their own, then the companies that supply electricity, water and heat to the houses should have taken up the matter. JSC "TGC-14" specialists, together with management companies and the City Administration, conducted a survey of all residential buildings in Ulan-Ude and identified 186 objects where metering devices should be installed in the first place. In some houses at that time, the owners had already installed the appliances themselves, while other houses were excluded due to lack of technical capability.

Simply put, the law clearly states that JSC TGK-14 must install meters - and JSC TGK-14 installed them. Now, according to the law, all tenants must pay JSC "TGC-14" these services for the installation of metering devices.

If the owner is not able to pay for the meter and its installation immediately, then the resource supply organization obligated to grant for payments due up to 5 years. At the same time, the amount of accrued annual interest for this service provided on credit does not exceed the refinancing rate established by the Central Bank of the Russian Federation at the time of accrual. You will not get a loan at such low interest rates (8.25%) anywhere now.

An important point. Even paying monthly for heat and hot water, but at the same time, for some "fundamental" reasons, excluding payments for installing a meter, you can fall into the category of debtors. And then, according to the law, all enforcement measures determined by law can be applied to you. Arrest of property, seizure of a car, deductions from wages, imposing a ban on traveling abroad is far from complete list measures taken against debtors.

How much does it cost to install an ODPU

Here is an example of calculating funds for the installation of common house meters with an installment plan of 60 months for an apartment with an area of 58.7 sq. m. We proceed from the cost of installing a meter in an apartment building - RUB 321,193.98. The device was installed in January 2015. At the same time, the total area of all apartments in this house is 3456 sq. meters.

First, we determine the cost of installing a meter based on 1 sq. m of the area of this house: the total cost (321,193.98 rubles) is divided by the total area of all apartments (3456 sq. m). We calculate: 321,193, 98: 3456 = 92.94 rubles.

Communal metering devices in apartment buildings: who should install, pay

We calculate the cost of installing a meter for a particular apartment as follows: we multiply the area of this apartment (58.7 sq. M) by the cost of installing a meter per 1 sq. m. m (92.94 rubles). We calculate: 58.7 * 92.94 \u003d 5,455.58 rubles. That is, for this apartment, the cost of installing an ODPU is 5,455.58 rubles.

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

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

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

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

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

You can change the timing of the installation amount payment, for example, by splitting payments from 5 years to 2 years. It will be small, but savings in interest. You can also pay the entire remaining amount in a lump sum at any time.

Counter counts, residents save

Now let's give an example of real savings in the consumption of thermal energy after installing the ODPU house on the street. Pushkina, 23. A residential building of the Soviet period of construction, the area of \u200b\u200bthe house is 5567.6 square meters. m, the number of apartments is 120. A common house metering device in this house was installed in 2012.

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

Adjustments were made to this house in both 2014 and 2015. As noted in the branch "Teploenergosbyt of Buryatia", there will be no "huge" savings in the house, because consumption during different heating periods depends only on the outside temperature, however, in 2014, 233 thousand rubles were returned to consumers' personal accounts. , and in 2015 - 98 thousand rubles.