Reasons for failure to install devices. The procedure for filling out an inspection report to determine the presence (absence) of the technical possibility of installing individual, common (apartment), collective (common house) metering devices. Permission to install

The order states when utility workers are supposed to go home with the metering device due to the lack of opportunity to install it. The document defines specific criteria: when a meter can be installed and when it cannot.

• installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, major repairs of existing in-house engineering systems (in-apartment equipment) and (or) without the creation of new in-house engineering systems (in-apartment equipment);
• when installing a metering device of the corresponding type, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device of the corresponding type, including the place and procedure for its installation, required in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;
• in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, including due to the technical condition and (or) operating mode of in-house engineering systems (in-house equipment), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings from a meter of the appropriate type, its maintenance, and replacement.

One more case is particularly mentioned. It is not technically possible to install a meter in an apartment building if the house has vertical wiring of intra-house heating systems. But there is an exception to this rule:

In relation to apartment buildings (residential buildings or premises), for which the Federal Law of November 23, 2009 N 261-FZ... established a requirement for their equipment on the date of their commissioning with certain types of energy resource metering devices, the technical feasibility of installing such metering devices are available.

The order of the Ministry of Regional Development comes into force on September 1, 2012. At the same time, new rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings begin to apply. The document was approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354. Similar rules currently in force are no longer in force from the same date.

04.05.2012

In what cases can you not install water, energy and gas meters in your home? (Order of the Ministry of Regional Development of the Russian Federation dated December 29, 2011 No. 627)

Order of the Ministry of Regional Development of the Russian Federation dated December 29, 2011 No. 627 “On approval of 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 an inspection report to determine the presence (absence) technical feasibility of installing such metering devices and the procedure for filling it out”
Registered with the Ministry of Justice of the Russian Federation on April 23, 2012. Registration No. 23933.

From September 1, 2012, new rules for the provision of utility services in apartment buildings and residential buildings are being introduced. According to them, individual, common (apartment) and collective (common house) meters for metering consumed resources (cold and hot water, electricity and heat, natural gas) must be installed in the premises. The exception is the technical impossibility of such an installation.
The criteria by which it is determined have been developed. For example, it is considered impossible to install metering devices if this requires reconstruction, major repairs of existing ones or the creation of new in-house engineering systems (in-house equipment). A similar conclusion is drawn if it is impossible to comply with the mandatory metrological and technical requirements for the metering device or the requirements for its operating conditions (in particular, due to the technical condition of engineering systems, humidity, temperature conditions, electromagnetic interference, flooding of premises).
Individual and common (apartment) heat energy metering devices are not installed in apartment buildings with vertical distribution of utility heating systems.
The results of the inspection of the technical feasibility of installing the metering device are reflected in the report. Its form and procedure for filling it out have been established.
In newly built houses, the technical possibility of installing metering devices should be available in any case.
The order comes into force on September 1, 2012.

Order of the Ministry of Regional Development of the Russian Federation dated December 29, 2011 No. 627 “On approval of 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 an inspection report to determine the presence (absence) technical feasibility of installing such metering devices and the procedure for filling it out” (not entered into force)

In accordance with subparagraph “d” of paragraph 4 of the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (Collected Legislation of the Russian Federation, 2011, No. 22, Art. 3168) order:

1. Approve:

criteria for the presence (absence) of the technical possibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 1 to this order;

the form of an inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 2 to this order;

the procedure for filling out an inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 3 to this order.

3. The Department of Housing and Communal Services, no later than 10 days from the date of signing, sends this order for state registration to the Ministry of Justice of the Russian Federation.

4. Control over the implementation of this order is entrusted to the Deputy Minister of Regional Development of the Russian Federation A.A. Popova.

Registration No. 23933

Appendix No. 1
to the order
dated December 29, 2011 No. 627

Criteria
availability (absence) of the technical possibility of installing individual, common (apartment), collective (common house) metering devices

1. Criteria for the presence (absence) of the technical possibility of installing individual, common (apartment), collective (common house) metering devices for cold water, hot water, electric energy, natural gas, thermal energy (hereinafter referred to as the metering device of the corresponding type) are established in order to determine the possibility the use of metering devices of the appropriate type when calculating fees for utility services for cold water supply, hot water supply, electricity supply, gas supply, heating.

2. There is no technical possibility of installing a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of the apartment building (residential building or premises) specified in paragraph 5 of this document, if the presence of at least one of the following criteria:

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

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

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

3. There is no technical possibility of installing an individual, common (apartment) heat energy meter in the premises of an apartment building, with the exception of the apartment building specified in paragraph 5 of this document, if, according to the design characteristics, the apartment building has a vertical distribution of intra-house heating engineering systems.

4. The technical feasibility of installing a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of the apartment building (residential building or premises) specified in paragraph 5 of this document, is available if, during the inspection of the technical feasibility of installing a metering device of the appropriate type the absence of the criteria specified in paragraphs 2 and this document will be established.

5. In relation to apartment buildings (residential buildings or premises), for which the Federal Law of November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” (Collection of Legislation of the Russian Federation Federation, 2009, No. 48, Article 5711; 2010, No. 19, Article 2291, No. 31, Article 4160, Article 4206; 2011, No. 29, Article 4288, Article 4291, No. 30, Article 4590 , No. 49, Article 7061, No. 50, Article 7344, 7359, No. 51, Article 7447) established a requirement for them to be equipped on the date of their commissioning with certain types of energy resource metering devices, the technical possibility of installing such metering devices is available.

6. The results of the inspection of the technical feasibility of installing a metering device of the appropriate type are indicated in the inspection report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices.

Appendix No. 2
to the order of the Ministry of Regional Development of the Russian Federation
dated December 29, 2011 No. 627

Form of the act
examination to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

__________________ "__" ______________ 20__

1. ______________________________________________________________________

conducting the examination)

address (location): ________________________________________________

_________________________________________________________________________

_________________________________________________________________________

contact number: ____________________________________________________,

2. Represented by ________________________________________________________________

_________________________________________________________________________

(last name, first name, patronymic of the person - representative of the legal entity

(individual entrepreneur) conducting the survey)

acting on the basis _______________________________________________

_________________________________________________________________________

(details of the document confirming the authority of the person to conduct

examinations)

3. In the presence (specify if present):

_________________________________________________________________________

(name of the legal entity (individual entrepreneur),

responsible for maintaining the common property of premises owners

in an apartment building and the person representing his interests during

examinations)

_________________________________________________________________________

(last name, first name, patronymic of the owner (owner’s representative)

premises, residential building in which the examination is carried out)

_________________________________________________________________________

(other persons participating in the survey)

4. An examination was carried out to determine the presence (absence)

technical feasibility of installation ________________________________________________

_________________________________________________________________________

(individual, common (apartment), collective (common house)

metering device _________________________________________________________________

(cold water, hot water, electric energy, natural gas,

thermal energy)

5. At the address: _________________________________________________________________

(indicate the address of the apartment building (residential building or premises),

in which the examination is carried out)

6. The examination was carried out by: ______________________________________________

(indicate how the examination was carried out: by inspection or

using instruments/measurements)

using the following tools _________________________________

(indicate the name of the instrument if it is used during

examination, and if a measuring instrument is used, indicate it

metrological characteristics and expiration date of the next

intercheck interval of the measuring instrument)

7. As a result of the examination, it was established: ______________________________

_________________________________________________________________________

_________________________________________________________________________

(indicate the presence or absence of the technical ability to install

meter)

8. There is no technical possibility of installing a metering device due to

establishing the following criteria for the absence of such an opportunity: __________

_________________________________________________________________________

(indicate specific criteria for lack of technical capability

installation of a metering device)

_________________________________________________________________________

_________________________________________________________________________

9. Dissenting opinion of persons present (if any): ______________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

10. This Act is drawn up in ____ copies

Signatures of persons who took part in the survey:

______________________ (____________________________)

______________________ (____________________________)

Appendix No. 3
to the order of the Ministry of Regional Development of the Russian Federation
dated December 29, 2011 No. 627

Order
filling out an inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

1. In paragraph 1 of the inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices (hereinafter referred to as the inspection report), the full name of the legal entity (last name, first name, patronymic, passport details) is indicated individual entrepreneur) conducting the survey, as well as contact details of such a legal entity (individual entrepreneur): address (location (permanent place of residence) and contact telephone number.

2. In paragraph 2 of the inspection report, the surname, first name, patronymic of each person - a representative of the legal entity (individual entrepreneur) conducting the survey, as well as details of the document confirming the authority of this person to conduct the survey (power of attorney, assignment, order, etc.) are indicated. ).

3. Paragraph 3 of the inspection report shall indicate the last name, first name, and patronymic of each person present during the inspection, including:

A representative of a legal entity (individual entrepreneur) responsible for the maintenance of the common property of the owners of premises in an apartment building, as well as the name of such legal entity (last name, first name, patronymic of the individual);

The owner (owner's representative) of the premises, residential building, in respect of which an application has been submitted for the installation of an individual, common (apartment) metering device;

Other persons participating in the survey.

4. In paragraph 4 of the inspection report, the type of metering device is indicated, for the installation of which the presence (absence) of the technical possibility of its installation is being examined:

Individual or common (apartment) or collective (common house);

Metering device for cold water, hot water, electrical energy, natural gas, thermal energy.

5. Paragraph 5 of the inspection report indicates the address of the apartment building (residential building or premises) in which the inspection is being carried out to determine the technical feasibility of installing a metering device of the appropriate type.

6. Paragraph 6 of the inspection report indicates the method of conducting the inspection: by inspection or using tools/measurements.

If a tool is used during a survey, its name and characteristics are indicated.

If a measuring instrument is used during a survey, its name, metrological characteristics and the expiration date of the next inspection interval are indicated.

7. Paragraph 7 of the inspection report indicates the results of the inspection, namely the presence or absence of the technical possibility of installing a metering device of the appropriate type.

8. Paragraph 8 of the inspection report is completed if during the inspection it is determined that there is no technical possibility of installing a metering device of the appropriate type, indicating the specific criteria identified during the survey for the lack of technical feasibility of installing a metering device of the corresponding type.

9. Paragraph 9 of the survey report is completed if any of the persons present during the survey has a special opinion regarding the progress and results of the survey.

In this case, paragraph 9 of the inspection report indicates the last name, first name, patronymic of the person present who has a dissenting opinion, as well as the content of the dissenting opinion.

10. Paragraph 10 of the survey report indicates the number of copies of the drawn up report, which must correspond to the number of persons present during the survey.

The drawn up acts are handed to each of the persons present during the examination.

№ 2-2478/2015

SOLUTION(not entered into legal force)

In the name of the Russian Federation

Chernovsky District Court of Chita

as part of the presiding judge I.V. Kuklina,

under secretary Eliseeva E.Yu.,

Having considered in open court, on the premises of the court, a civil case based on a statement of claim by the prosecutor of the Chernovsky district of Chita in the interests of T.P. Podezzhay. to the Public Joint Stock Company "Territorial Generating Company No. 14" on the fulfillment of obligations,

u st a n o v i l:

Prosecutor of the Chernovsky district of Chita in the interests of Podezzhay T.P. filed the above claim, citing the following:

The prosecutor's office of the Chernovsky district of Chita carried out an inspection of compliance with the housing rights of citizens, the reason for which was the collective appeal of the residents of the house, including Podezzhay T.P. During the inspection, the fact was established that the resource supplying organization PJSC "TGC No. 14" had illegally installed a heat energy meter located in a common building. A common house metering device was installed on the basis of the requirements of Part 5 of Art. 13 Federal Law No. 261 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” and order of the Ministry of Regional Development of the Russian Federation dated December 29, 2011 No. 627. Within the meaning of these documents, the installation of energy consumption meters is impossible if for this requires reconstruction, major repairs or the creation of new in-house engineering systems; if it is impossible to ensure compliance with technical requirements for the place and procedure for their installation, the conditions of in-house engineering systems (in-house equipment), temperature conditions, humidity, electromagnetic interference, the inability to provide access to them for taking readings, maintenance, replacement. The presence of these circumstances must be confirmed by a corresponding act drawn up by the person conducting the examination in the approved form. The metering device in the specified house was installed by PJSC "TGC No. 14" in the year DD.MM.YYYY, while an inspection report to determine the presence (absence) of the technical possibility of installing the metering device was not drawn up, the inspection was not carried out. According to the inspection report of the intra-house heating and hot water supply networks of a residential building at the address: drawn up by LLC Progress Management Company DD.MM.YYYY in the presence of the owners of the residential building, the pipeline of the heating risers is in unsatisfactory condition, up to 80% of the valves on the heating risers need to be replaced with a diameter of 20 mm require replacement up to 90%. By the decision of the Central District Court of Chita dated DD.MM.YYYY, the demands of the Deputy Prosecutor of Chita regarding the obligation of OJSC "TGC No. 14" to equip residential buildings with meters for the used thermal energy, including due to the lack of technical capabilities, were refused. installation of metering devices, since hot water supply and heating risers in this house require replacement by the order of 80 to 90%. From DD.MM.YYYY to the present time, no major repairs of the in-house heating system have been carried out. From the inspection report from DD. MM.YYYY compiled by Progress Management Company LLC, it follows that there is no technical possibility of installing a collective metering device. Installation is impossible without reconstruction and major repairs of existing in-house engineering systems. Thus, PJSC "TGC No. 14", despite the need to carry out major repairs of utility networks, in violation of the requirements of the Law on Energy Saving, installed a common house heat energy meter in a residential building, which, in violation of the requirements of the law, was put into operation. An illegally installed meter cannot be used in settlements with residents of the house, including Podezzhaya T.P. In fact, the actions of PJSC "TGC No. 14" violated the rights of residents of an apartment building, who are direct consumers of utilities and pay for utilities, including for general house needs, since the installation of common building meters on utility networks that require major repairs entails an increase utility payments of consumers, including for general house needs due to technological losses occurring due to severe wear and tear of networks.

Asks the court to recognize the actions of PJSC "TGC No. 14" to install a collective (common house) heat metering device in an apartment building located at the address: , illegal and to oblige the dismantling of this metering device within 10 days from the date of entry into force of the court decision .

At the court hearing, the representative of the plaintiff, Deputy Prosecutor of the Chernovsky District of Chita, Polorotova A.V. supported the claims in full, and additionally explained that the basis for going to court was a collective statement from the residents of the house, including pensioner T.P. Podezzhay, who did not agree with the installation of the meter. According to the Law on Energy Saving, before DD.MM.YYYY, residents of apartment buildings were required to install communal meters for water, electricity, and heat. However, not all houses require or can install communal meters. Order of the Ministry of Regional Development of the Russian Federation No. 627 dated November 29, 2011 determined that the installation of utility meters is impossible if this requires reconstruction, major repairs, or the creation of new in-house systems. It is necessary to state that the house is not suitable for installing metering devices in a special act, which must be drawn up by the management company or the HOA. Since in this case two acts were drawn up, by the Management Company and PJSC "TGC No. 14", which contradict each other, it is necessary to turn to the opinion of an independent specialist, such as a GZHI specialist, who during the trial confirmed the need for a major overhaul of utility networks, installing them significant wear and leakage. In addition, PJSC “TGC No. 14” did not carry out or draw up an inspection report to determine the presence (absence) of the technical possibility of installing the ODPU before installing the device, as required by Order No. 627, which is confirmed by the decision of the Central District Court of Chita, which was rejected in satisfying the claim to compel OJSC "TGC No. 14" to equip this residential building with a heat metering device. Since the court's decision, no major repairs of utility networks have been carried out and the condition of the networks has not changed for the better in two years, because the current repairs carried out by the management company only allow the system to be maintained until a major overhaul.

Plaintiff Podezhaya T.P. At the court hearing, she supported the claims in full, and additionally explained that the meter was installed in DD.MM.YYYY, and the residents only learned about its installation in DD.MM.YYYY, then it broke down. The issue of installing the meter was not agreed upon with the residents.

The representative of the defendant PJSC "TGC No. 14" Zholob N.T., acting on the basis of a power of attorney from DD.MM.YYYY, did not recognize the claims at the court hearing, additionally explained that the resource supply organizations were obliged to make actions to equip apartment buildings with common building metering devices in cases where the owners of residential premises have not installed these devices themselves. In pursuance of Federal Law No. 261 - Federal Law, PJSC "TGC No. 14" installed a common house heat metering unit in the house. The main argument of the prosecutor's office about the illegality of installing a thermal energy meter is the fact that such an installation is not technically possible. The defendant does not agree with this argument for the following reasons. An act drawn up by PJSC "TGC No. 14" DD.MM.YYYY in the presence of the owner of the residential premises established the technical possibility of installing a common house metering device (hereinafter - ODPU) for thermal energy. At the time of the inspection, the satisfactory condition of the heating networks was recorded, with no leaks. There is no need to reconstruct heating networks. Order of the Ministry of Regional Development of the Russian Federation No. 627 approved the criteria for the presence (absence) of the technical feasibility of installing metering devices, but does not contain a list of persons who are given the right to assess the availability of technical feasibility, as well as requirements for the competence and qualifications of such persons. The report dated DD.MM.YYYY about the lack of technical feasibility of installing the ODPU was drawn up by representatives of Progress Management Company LLC. Moreover, in the absence of any examinations, without the use of any tools or measuring instruments, specialists of the management company were able not only to determine the need for a major overhaul of the networks, but also the need for reconstruction of the network. At the same time, in the report, the specialists of the management company indicated the working condition of all elements of the elevator unit, the absence of leaks, gusts, and the condition of the “dry” basement. Thus, the reliability of the data specified in the report on the wear and tear of the heating system compiled by the management company is called into question. In addition, the argument about the need for major repairs indicates a failure to fulfill obligations to properly maintain the common property of the owners of the premises by the management company. The decision to carry out major repairs must be made by the owners of the premises in the apartment building; such a decision was not presented in the case materials, just as no evidence was presented that the specified house is dilapidated, unsafe or subject to demolition. According to clause 202 of Appendix No. 1 to the Regional Program for the Overhaul of Common Property in Apartment Buildings located in the Trans-Baikal Territory, repairs of the intra-house heating supply network are planned for the year DD.MM.YYYY, which indicates a satisfactory condition of the heating supply networks at the time of adoption of the specified program - DD.MM.YYYY year, otherwise the repair would have been planned earlier. This residential building consists of 100 apartments. At the same time, the costs of installing the metering device were paid in full by residents of 9 apartments, and installment payment agreements were concluded for 28 apartments. ODPU put into operation DD.MM.YYYY. The device is installed, functioning, maintained, no failures or resource leaks have been recorded, including during repeated testing. The claims of the plaintiff's representative about the violation of the rights of residents are premature, since the device was installed in August and charges based on the readings of the meter will begin to be made from DD.MM.YYYY, and therefore, there is no talk about an increase in utility bills due to resource leakage. Progress Management Company LLC has 56 houses under maintenance, and for all houses reports have been drawn up stating that it is impossible to install ODPU. He asks the court to dismiss the claims.

The representative of the defendant PJSC "TGC No. 14" Gaichuk V.A., acting on the basis of a power of attorney from DD.MM.YYYY, did not appear at the court hearing, and was duly notified of the date, time, and place of the consideration of the case. From the explanations given in previous court hearings, it follows that after installing the ODPU, problems arose due to incorrect calibration and since the device was under warranty service, after it was adjusted, the ODPU was put into operation DD.MM.YYYY.

The representative of the third party LLC Progress Management Company Plyaskina O.A., acting on the basis of a power of attorney from DD.MM.YYYY, at the court hearing believes that the prosecutor’s claims are subject to satisfaction. The management company began servicing the specified house in the year DD.MM.YYYY, and from DD.MM.YYYY the management company was informed about the maintenance of intra-house networks, while the specialists of PJSC “TGC No. 14” did not show up to draw up the acceptance certificate. The management company inspected the entire house, not just the basement. When the heating season begins, residents of a given house receive a large number of complaints about the presence of leaks, breaks, etc., which indicates the poor condition of the intra-house networks. The house in which T.P. Podezzhaya lives was built in the year DD.MM.YYYY and has never undergone major repairs.

Witness K.N.G. at the court hearing, explained that she carried out an inspection at the request of the court in a residential building located at the address: . Based on the results of the inspection of this house, it was established that there was massive damage to the hot water supply and heating pipelines, severe rust damage, and there were traces of repairs in some places. The shut-off valve is faulty. A leak (drip leak) was detected in the pipeline where the meter was installed, but the exact location of the leak, before or after the installed meter, is unknown. The condition of the engineering networks of this house has reached the level of a major overhaul, and therefore, the installation of an ODPU without it is impossible. In addition, this house has a single-pipe system, which means that in order for hot water to flow, consumers need to let water flow for about 20 minutes, and if the calculation is made according to the meter, then payment will be charged for the entire amount of water, in including those that were not used.

After listening to the explanations of the plaintiff and his representative, representatives of the defendant and a third party, the testimony of witnesses, and examining the case materials, the court comes to the following conclusion:

In accordance with paragraph 1 of Art. 13 Federal Law of November 23, 2009 No. 261 - Federal Law “On energy saving and increasing energy efficiency and on introducing amendments to certain acts of the Russian Federation” produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for energy resources used. The requirements of this article regarding the organization of accounting of energy resources used do not apply to dilapidated, emergency facilities, facilities subject to demolition or major repairs before DD.MM.YYYY.

Paragraph 5 of this article establishes the obligation of owners of premises in apartment buildings up to DD.MM.YYYY to ensure that such houses are equipped with metering devices for used water, thermal energy, electrical energy, as well as putting the installed metering devices into operation.

In accordance with paragraph 9 of this article, organizations that supply water, natural gas, thermal energy, electrical energy or their transmission and engineering support networks that are directly connected to the networks that are part of the engineering equipment of facilities subject to in accordance with the requirements of this article, equipped with metering devices for used energy resources, are obliged to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply or transmission of which they carry out.

As established at the court hearing of PJSC "TGC No. 14" in DD.MM.YYYY, a common house heat metering device (hereinafter referred to as ODPU) was installed in a residential building at the address: As follows from the explanations of the defendant’s representative, the device was re-put into operation DD.MM.YYYY, which was not disputed by the parties in court, and is also confirmed by the act of re-authorization of the thermal energy metering unit dated DD.MM.YYYY (ld).

Order of the Ministry of Regional Development of the Russian Federation dated December 29, 2011 No. 627 “On approval of criteria for the presence (absence) of technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to determine the presence (absence) of technical the possibility of installing such metering devices and the procedure for filling it out” (hereinafter referred to as the Order), the criteria for the presence (absence) of the technical possibility of installing a collective (common house) metering device, as well as the form of the inspection report, were approved.

According to paragraphs 2, 4 of the above Order, there is no technical possibility of installing a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of the apartment building (residential building or premises) specified in paragraph 5 of this document, if during the survey it is revealed the presence of at least one of the following criteria: installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, major repairs of existing in-house engineering systems (in-apartment equipment) and (or) without the creation of new in-house engineering systems (in-apartment equipment); when installing a metering device of the corresponding type, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device of the corresponding type, including the place and procedure for its installation, required in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation; in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, including due to the technical condition and (or) operating mode of in-house engineering systems (in-house equipment), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings from a meter of the appropriate type, its maintenance, and replacement. The technical feasibility of installing a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of the apartment building (residential building or premises) specified in paragraph 5 of this document, is available if, during the inspection of the technical feasibility of installing a metering device of the appropriate type, it is established absence of criteria specified in paragraphs 2 and 3 of this document.

As established in the court hearing DD.MM.YYYY OJSC "TGC No. 14" with the participation of the owner T.T.V.., an examination was carried out to establish the presence (absence) of the technical feasibility of installing a collective (common house) metering device in a residential building located at the address: what the corresponding act was drawn up (ld). Based on the results of the survey, it was established that it was technically possible to install a common house heat meter. Similar conclusions were also made by specialists of OJSC TGC No. 14 when drawing up the act dated DD.MM.YYYY (ld).

At the same time, according to the inspection report dated DD.MM.YYYY, drawn up by specialists from Progress Management Company LLC, there is no technical possibility of installing a collective (common house) metering device without reconstruction or major repairs of existing intra-house utility networks (ld).

As established from the technical passport, a residential building located at the address: built in the year DD.MM.YYYY (ld).

The arguments of the plaintiff's representative about the need for major repairs in the house at the address: are confirmed by the inspection report of the State Housing Inspectorate dated DD.MM.YYYY, from which it follows that when inspecting the basement of a residential building at the address: massive damage to the hot water supply and heating pipelines (risers, spills, mains), severe rust damage, traces of repair in some places, faulty shut-off valves, corrosion of system elements, leaks (drip leaks) in the pipeline at the installation site of the meter. The condition of the engineering networks of this house has reached the level of major repairs (ld). These circumstances are also confirmed by the testimony of witness K.N.G. From the application log provided by Progress Management Company LLC, it was established that the residents of this house during the year DD.MM.YYYY repeatedly contacted the management company with applications regarding the presence of leaks in the hot water supply and heating risers (ld).

When carrying out DD.MM.YYYY repeated commission inspection of the intra-house heating and hot water supply networks of this house, the conclusion about the satisfactory condition of the intra-house heating and water supply networks was made by the chief specialist of the Housing and Communal Services Committee and the deputy. head of the inspection of PJSC "TGC No. 14", while other members of the commission: deputy. head of the inspection department of the State Housing Inspectorate and chief. engineer of Progress Management Company LLC, indicated the need for major repairs and replacement of equipment (ld).

Also, the unsatisfactory condition of intra-house networks is confirmed by an inspection report dated DD.MM.YYYY, drawn up by Progress Management Company LLC in the presence of the owners of residential premises, in connection with the transfer of intra-house networks from DD.MM.YYYY to the maintenance of the management company, according to which the elevator node and water heaters require major repairs, shut-off valves require replacement, there are no instruments for measuring pressure and temperature at the heating unit, the heating riser pipeline is in unsatisfactory condition and requires replacement up to 80%, valves on heating risers require replacement up to 90%, hot water supply riser pipelines require replacement up to 90%, while the heating and hot water supply pipelines are in satisfactory condition (ld).

The specified house of Progress Management Company LLC was listed among the houses that need major repairs (ld).

In addition, by the decision of the Central District Court of Chita dated DD.MM.YYYY, the claims of the deputy were rejected. Prosecutor of the Ingodinsky district of Chita in the interests of an indefinite number of persons to OJSC "TGC No. 14" on the obligation of OJSC "TGC No. 14" to equip OJSC "TGC No. 14" with heat energy meters, including at the address: At the same time, as follows from the decision, at the time of consideration case, in the response, the representative of the defendant OJSC “TGC No. 14” referred to the fact that it is impossible to equip residential buildings with metering devices due to the lack of technical capabilities (ld). The representatives of the defendants did not provide evidence to the court that since DD.MM.YYYY and at the time of the consideration of the case, major repairs were carried out in the house, including in-house utility networks.

Assessing the totality of the evidence presented, the court comes to the conclusion that at the time of installation of the ODPU in DD.MM.YYYY, the defendant PJSC "TGC No. 14" violated the procedure established by the current legislation, namely, the metering device was installed without conducting a survey of the technical feasibility of its installation . An examination by the defendant was carried out in DD.MM.YYYY, based on the results of which it was established that it was technically possible to install a common house heat meter, while when considering the case in the Central District Court of Chita in DD.MM.YYYY, the representative of PJSC TGC No. 14 » referred to the lack of technical ability to install the ODPU and did not provide evidence to the contrary to the court. The internal engineering networks of the apartment building at the address: are in unsatisfactory condition and require major repairs, which is confirmed by the case materials and witness testimony. The established circumstances, in the opinion of the court, indicate the impossibility of installing a common house metering device, since in this case, for the proper functioning of the metering device, the satisfactory technical condition of the intra-house networks was not ensured.

decided:

Satisfy the claims.

Recognize the actions of the Public Joint Stock Company "Territorial Generating Company No. 14" to install a collective (common house) heat metering device in an apartment building located at the address: illegal and oblige to dismantle this metering device within 10 days from the moment the court decision comes into force strength.

To collect from the Public Joint Stock Company "Territorial Generating Company No. 14" a state duty for local budget revenue in the amount of rubles.

The decision can be appealed on appeal within a month from the date the court decision was made in final form to the Trans-Baikal Regional Court through the Chernovsky District Court of Chita.

Judge I.V. Kuklina

The decision in a reasoned form was made on October 29, 2015.

Court:

Decree of the Government of the Russian Federation dated May 6, 2011 N 354 (as amended on May 22, 2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services...

VII. The procedure for accounting for utilities using

metering devices, grounds and procedure for inspections

condition of metering devices and the correctness of their readings

80. Accounting for the volume (quantity) of utility services provided to the consumer in residential or non-residential premises is carried out using individual, common (apartment), room metering devices.

Metering devices of an approved type and verified in accordance with the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements are allowed for use. Information on the compliance of the metering device with the approved type, information on the date of initial verification of the metering device and the verification interval established for the metering device, as well as requirements for the operating conditions of the metering device must be indicated in the accompanying documents to the metering device.

81. Equipping residential or non-residential premises with metering devices, putting installed metering devices into operation, their proper technical operation, safety and timely replacement must be ensured by the owner of the residential or non-residential premises.

The commissioning of the installed metering device, that is, the documentation of the metering device as a metering device, according to the readings of which the amount of payment for utility services is calculated, is carried out by the contractor, including on the basis of an application from the owner of a residential or non-residential premises submitted to the contractor.

The application contains the following information:

information about the consumer (for an individual - last name, first name, patronymic, details of an identity document, contact telephone number, for a legal entity - name (company name) and place of state registration, contact telephone number);

proposed date and time of commissioning of the installed metering device;

type and serial number of the installed metering device, location of its installation;

information about the organization that installed the metering device;

meter readings at the time of its installation;

date of next verification.

The application is accompanied by a copy of the passport for the metering device, as well as copies of documents confirming the results of the last verification of the metering device (with the exception of new metering devices).

The installed meter must be put into operation no later than the month following the date of its installation. In this case, the contractor is obliged, starting from the 1st day of the month following the month the metering device was put into operation, to calculate the amount of payment for the corresponding type of utility service based on the readings of the metering device put into operation.

(see text in the previous edition)

The criteria for the presence (absence) of the technical possibility of installing metering devices, as well as the form of the inspection report to determine the presence (absence) of the technical possibility of installing metering devices and the procedure for filling it out are approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

(see text in the previous edition)

81(1). The contractor is obliged to consider the date and time proposed in the application for putting the metering device into operation and, if it is impossible to fulfill the application within the specified period, agree with the consumer on another date and time for putting the installed metering device into operation.

In this case, a proposal for a new date and time for carrying out the work is sent to the consumer no later than 3 working days from the date of receipt of the application, and the proposed new date for carrying out the work cannot be later than 15 working days from the date of receipt of the application.

81(2). If the contractor did not appear on the date and time proposed in the application to put the meter into operation or another date and time agreed with the consumer and (or) the new date and time proposed by the contractor were later than the deadlines established in paragraph 81(1) of these Rules , the metering device is considered to be put into operation from the date of sending to the executor an application that meets the requirements established by paragraph 81 of these Rules, and from this date its readings are taken into account when determining the volume of utility service consumption.

81(3). If the installation of the metering device is carried out by the contractor, commissioning is carried out by the contractor by drawing up and signing the act of putting the metering device into operation, provided for in paragraph 81(6) of these Rules.

81(4). During the commissioning of the metering device, the following must be checked:

a) correspondence of the serial number on the metering device to the number indicated in its passport;

b) compliance of the metering device with the technical documentation of the device manufacturer, including the configuration and installation diagram of the metering device;

c) presence of signs of the latest verification (with the exception of new metering devices);

d) operability of the metering device.

81(5). Non-compliance of the metering device with the provisions provided for in paragraph 81(4) of these Rules, identified by the contractor during the inspection, is grounds for refusal to put the metering device into operation.

81(6). Based on the results of checking the metering device, the contractor draws up an act of putting the metering device into operation, which indicates:

a) date, time and address of putting the metering device into operation;

b) last names, first names, patronymics, positions and contact details of persons who took part in the procedure for putting the metering device into operation;

c) the type and serial number of the installed metering device, as well as the location of its installation;

d) a decision to commission or refuse to commission a metering device, indicating the grounds for such refusal;

e) in the case of putting the metering device into operation, the readings of the metering device at the time of completion of the procedure for putting the metering device into operation and an indication of the places on the metering device where control disposable number seals (control seals) are installed;

f) date of the next verification.

81(7). The act of putting the metering device into operation is drawn up in 2 copies and signed by the consumer and representatives of the contractor who took part in the procedure for putting the metering device into operation.

81(8). Before signing the act of putting the metering device into operation (if there are no grounds for refusing to put the metering device into operation), the representative of the contractor installs control seals on the metering device.

81(9). The commissioning of metering devices in the cases provided for by these Rules is carried out by the contractor without charging a fee.

81(10). Operation, repair and replacement of metering devices are carried out in accordance with technical documentation. Verification of metering devices is carried out in accordance with the provisions of the legislation of the Russian Federation on ensuring the uniformity of measurements.

81(11). The metering device must be protected from unauthorized interference in its operation. In order to establish the fact of unauthorized interference in the operation of a metering device, the contractor, when conducting a regular check of the condition of a consumer's metering device, has the right to install control seals and indicators of anti-magnetic seals, as well as seals and devices that allow recording the fact of unauthorized interference in the operation of a metering device with mandatory notification to the consumer about the consequences of detection the fact of violation of such seals or devices, while payment for the installation of such seals or devices is not charged to the consumer.

When the contractor checks the condition of the metering device, the following are subject to inspection:

integrity of the metering device, absence of mechanical damage, absence of holes or cracks not provided by the manufacturer, tight fit of the indicator glass;

The presence and safety of control seals and indicators of anti-magnetic seals, as well as seals and devices that allow recording the fact of unauthorized interference in the operation of the meter;

lack of free access to switching elements (nodes, clamps) of the metering device, allowing interference with the operation of the metering device.

Violation of the indicators specified in paragraphs three to five of this paragraph is recognized as unauthorized interference in the operation of the meter. If these violations are discovered during the inspection, the contractor draws up a report of unauthorized interference in the operation of the metering device. At the same time, if the metering device is installed in a residential premises and other premises, access to which cannot be achieved without the presence of the consumer, the contractor recalculates the payment for utility services and sends the consumer a request for payment of additional charges for utility services. Such recalculation is made for the period starting from the date of installation of the specified seals or devices, but not earlier than from the date of the previous inspection by the contractor and no more than 3 months preceding the date of inspection of the metering device, during which unauthorized interference in the operation of the metering device was detected, and until the date of elimination of such interference, based on the volume calculated on the basis of consumption standards for the relevant utilities using an increasing factor of 10.

A report on unauthorized interference in the operation of a metering device is drawn up in the manner prescribed by these Rules.

If the amount of payment for a heating utility service is determined without taking into account the readings of individual and general (apartment) heat energy meters, then violation of the indicators specified in paragraphs three to five of this paragraph is not recognized as unauthorized interference in the operation of the meter.

(see text in the previous edition)

In the absence of information about citizens permanently and temporarily residing in a residential premises, the volume of utilities is calculated taking into account the number of owners of such premises.

The cost of consumption of utility resources in the event of unauthorized intervention in the operation of a metering device by a consumer in a non-residential premises is collected by the resource supplying organization.

(see text in the previous edition)

81(12). The metering device is considered to be out of order in the following cases:

a) failure of metering devices to display measurement results;

b) violation of control seals and (or) verification marks;

c) mechanical damage to the metering device;

d) exceeding the permissible error of the meter readings;

e) expiration of the verification interval for verification of metering devices.

81(13). In the event of a meter failure (malfunction), the consumer is obliged to immediately notify the contractor about this, report the readings of the meter at the time of its failure (malfunction) and ensure that the identified malfunction is eliminated (repair, replacement) within 30 days from the date of failure the meter is out of order (a malfunction occurs). If dismantling of the metering device is required, the contractor is notified of the above work at least 2 working days in advance. Dismantling of the metering device, as well as its subsequent installation, is carried out in the presence of representatives of the contractor, except for cases where such representatives did not appear by the time for dismantling the metering device specified in the notice.

81(14). Commissioning of a metering device after its repair, replacement and verification is carried out in the manner prescribed by paragraphs 81 of these Rules. The installed metering device, including after verification, is sealed by the contractor without charging a fee to the consumer, except for cases when the sealing of the corresponding metering devices is carried out by the contractor again due to violation of the seal or verification marks by the consumer or a third party.

82. The contractor is obliged:

a) carry out checks of the condition of installed and put into operation individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;

b) carry out checks of the reliability of the information provided by consumers about the readings of individual, common (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of verification (in cases where the readings of such metering devices and distributors are taken by consumers).

83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer’s residential premises, then no more than once every 3 months.

(see text in the previous edition)

84. If the consumer fails to provide the contractor with the readings of an individual or general (apartment) metering device for 6 months in a row, the contractor no later than 15 days from the date of expiration of the specified 6-month period, another period established by the agreement containing provisions on the provision of utility services, and (or ) by decisions of the general meeting of owners of premises in an apartment building, is obliged to carry out the check specified in paragraph 82 of these Rules and take meter readings.

(see text in the previous edition)

85. The checks specified in paragraph 82 of these Rules, if they require access to the consumer’s residential premises, are carried out by the contractor in the following order, unless otherwise provided by the agreement containing the conditions for the provision of utility services:

Without a certificate of lack of technical ability to install IPU, recalculation for temporary absence will not be made

From January 2017, recalculation for temporary absence will be made only for consumers in residential premises in which the installation of individual water meters is impossible for technical reasons. This change to the existing recalculation procedure was made by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498 “On issues of providing utilities and maintaining common property in an apartment building.”

Recalculation for temporary absence from residential premises can be used by consumers who are absent from home for more than five calendar days in a row and whose apartments are not equipped with individual water meters. Recalculation is made for hot, cold water and sewerage, as well as gas. Previously, in order for consumers to receive a recalculation for temporary absence, it was enough to confirm the very fact of absence from the residential premises with the help of documents (“personalized” travel documents, travel certificate, certificate of being treated in a stationary medical institution or at a sanatorium-resort treatment, etc. .d.), then now it is necessary to submit a report stating that it is not technically possible to install an individual water meter in a residential area.

If the residential premises are not equipped with an individual water meter and the lack of technical ability to install it is not confirmed by an act, recalculation for temporary absence is possible only for the gas supply service.

An act on the lack of technical feasibility of installing a water IPU is drawn up and signed by the management organization based on an inspection of the residential premises. The form of the act and the criteria for the lack of technical feasibility of installing an IPU are approved by Order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 N 627.

It is not technically possible to install a metering device if the survey reveals the presence of at least one criterion:

Installation of IPU is impossible without reconstruction, major repairs of existing in-house engineering systems (in-apartment equipment) and (or) without the creation of new in-house engineering systems (in-apartment equipment);

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

In the place where it is necessary to install the IPU, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device, which are necessary for its proper functioning, including due to the technical condition and (or) operating mode of in-house engineering systems (in-house equipment), temperature mode, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings from the meter, its maintenance, and replacement.

The design characteristics of the MKD have vertical distribution of intra-house heating engineering systems.

The actual procedure for receiving a recalculation for temporary absence has not changed. Upon return, the consumer must contact the district Public Services Center, write a statement, submit a report stating that it is not technically possible to install the IPU and documents confirming the temporary absence.

We remind you that in accordance with the Federal Law of November 23, 2009 N 261-FZ “On Energy Saving and Improving Energy Efficiency,” consumers were required to install individual metering devices in residential premises before July 1, 2013.

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