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The problem of incorrect calculation of utility bills is familiar to many. Domestic legislation now contains a clause under which each person can apply for recalculation when he does not agree with the amount of payments. But there are a huge number of nuances that may arise when drawing up an application for recalculation of utilities.
Recalculation should be understood as a repeated recalculation of the amount to pay for utility services received. If any errors or discrepancies are identified, the supplier must compensate the entire overpayment. To understand the main nuances, it is worth considering the main questions
When is it necessary to write an application for recalculation of utilities?
Now many are resorting to recalculating the cost of payments. This is relevant in several cases .
If we talk about them, recalculation can be done in the following situations:
- Citizens were temporarily absent from the premises due to vacation or business trip. The period starts counting from 5 days.
- There was an interruption in the provision of public services , which exceeds the duration established in Resolution number 354.
- Utilities were provided in poor quality.
During the period of temporary absence, in premises that are not equipped with an individual or apartment metering device , a complete recalculation of utilities is carried out with the exception of heating and gas supply. The procedure can be read in resolution number 354.
If users have observed inadequate quality or interruptions in the supply of utilities exceeding the established duration, then the calculation will be made according to Resolution No. 307. The applicant can appeal to special authorities with complaints about the recalculation.
Also, according to the Regulations, recalculation can be made in the following situations:
- If fewer people or no one lives in the apartment for a certain period of time. This must be documented.
- The family receives a subsidy . Utility fees are reduced.
- The service was not provided in full.
In these situations, it is worth considering a plan of action in advance so that problems do not arise.
Recalculation may be provided for the following items:
- Waste removal.
- Water supply.
- Sewerage.
- Gas supply.
- Water heating.
Heating, as well as other services, are paid in the established amount . If a citizen does not have documents, then recalculation cannot be made. You need to receive a letter from the consumer to the management company about recalculation. After acceptance it is recalculated. It must be remembered that the period of absence of residents when writing an appeal should not exceed 6 months . It should be noted that recalculation can be made upward. There may be several reasons, and most often they are associated with unlawful actions of residents.
These include the following:
- The cold water meter was not checked on time. During this period, a person may have actually used more water;
- a citizen crashed into a pipeline without permission;
- The seals on the electricity, gas and water meters were damaged. For recalculation, special formulas are usually used;
- there is a debt on the calculation sheets.
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How and where to write an application for recalculation of utility bills
Recalculation of the cost of utilities is carried out on the basis of a written application from the owner of the apartment or private household. At the same time, you can send it directly to the organization that provides housing and communal services or to the body that performs the functions of managing apartment buildings. The second of the mentioned options is preferable, start with it.
Housing and communal services or management company
Many citizens are often interested in where exactly to submit their application for recalculation. The answer to this question will mainly depend on the category of property in which the applicant resides. There are two possible options:
- Apartment building - in this case, the application should be submitted to the organization that performs the functions of managing and maintaining the common property of apartment owners. This could be a management company (MC), a homeowners association (HOA), a housing cooperative, etc.
- Private home ownership - an application for recalculation of payments for housing and communal services should be submitted directly to the supplier of the corresponding type of utility service (for example, to a water utility) or to SNT, DNP, etc. (if the owner of the house is a member of such associations).
Contacting supervisory organizations
As a rule, the need to contact supervisory authorities arises when a management company (housing association, housing complex, etc.) or a specific organization from the housing and communal services sector does not want to recalculate payments for utility services (provided that such a requirement in this case is legal).
In such a situation, the consumer has the right to complain to higher authorities. They may be:
- The Housing Inspectorate (HHI) is a government body, one of the main functions of which is to monitor the activities of management companies. Within the framework of their powers, representatives of the State Housing Authority issue licenses to management companies, as well as prevent, identify and suppress violations in this area.
- Rospotrebnadzor is an agency whose main purpose is to ensure and protect consumer rights, as well as implement the provisions of the Russian Federation Law “On ZPP”. Owners of apartments in MKDs are also consumers of services provided to them by management organizations (HOA, LCD). In this regard, in case of refusal to recalculate the cost of housing and communal services, residents can also file a complaint with Rospotrebnadzor.
- The prosecutor's office is one of the last resorts to which a citizen who has been denied a lawful reduction in utility bills can complain. As a rule, people come here if all previous options have not brought the desired result.
How to submit an application for recalculation of utilities
An application for recalculation of utilities is an option where there is no standard established form. It can be designed in a free variation, but indicating several main points :
- The name of the company where the citizen applies.
- Personal data.
- Residence address.
- A text requesting recalculation of certain services.
- The period for which the procedure is performed . But you also need to indicate the indications of all payments.
- The basis that will allow the procedure to be carried out . These may be expert opinions, certificates and other documents.
ATTENTION! If the application is sent through the post office, then you need to take a registered letter with notification. You should also make an inventory of all attached documents and certificates. You can directly give the paper to the organization. In this case, the application is drawn up in two copies. One of them is given to the employee, and the second one is marked with a registration number, stamp and signature. A sample application for recalculation of utilities can be viewed on the Internet.
Now you can create an application form yourself in any free form , or you can find a ready-made version via the Internet. You also need to remember about additional documents, the list of which will depend on the basis for recalculation of services.
Reasons for reducing or increasing the amount of payment
When recalculating utility bills, the total amount may decrease. This happens for reasons:
- discrepancy between the equipment inspection data and the readings sent by the consumer himself;
- intermittent service delivery;
- poor quality of the supplied resource (hot water temperature does not meet regulatory requirements, low voltage in the network, poor pressure in water pipes).
In these cases, citizens can request a recalculation for housing and communal services. This is allowed even when metering devices are installed in their homes. The initiated check will reduce the amount of payment.
The amount for utilities may also increase for a number of reasons, including:
- incorrect connection of the resident to the utility network;
- damage to seals, intentional installation of magnets on meters;
- transmitting incorrect readings to the supplier;
- untimely verification of devices by the consumer.
More often, the amount of payment for utilities during recalculation becomes less if there are no meters in the consumer’s home or in the entire house.
The payment usually becomes higher when the user violates the rules for using the devices. In the event of an unauthorized tap into the pipeline system, the recalculation of utilities produces an amount significantly higher than for normal consumption.
Garbage removal
The owner of any premises has the right to recalculation for such a service as waste removal . The basis is a written application, which is submitted within 30 days from the date of completion of the procedure.
Revision is possible in the following situations:
- The owner was absent from the house for more than 5 days.
- The service was not provided in full.
- The service was not provided at all.
Recalculation is made by the number of days, but they should not exceed a period of 6 months . There are situations in the law when the payer can return the amount paid, as well as repay the debt. Non-use of the premises is not a reason for lack of payment. If a person is temporarily absent, then payments are reviewed.
Registration for an apartment building is carried out by the management company, and for the private sector - by the regional operator . The owner must submit an application for recalculation, as well as all related documents.
Their list includes the following:
- Presentation of a travel order.
- Certificate of stay in a hospital or sanatorium.
- Travel tickets.
- Receipts indicating that the person lived in hotels.
- Copy of international passport.
The review will be carried out within 5 days from the date of acceptance of the form . But all this needs to be documented so that no problems arise. A recalculation can also be made if the receipt overstates the area of the premises. In no case are outbuildings or other non-residential premises included. In this case, you need to attach a registration certificate to the documents, as well as documents confirming ownership. And then taking out the garbage will become easier.
Deadlines for submitting an application for recalculation of utility bills
In accordance with clause 91 of Section VIII of the Government of the Russian Federation No. 354, citizens can submit an application for a recalculation of payments for housing and communal services as follows:
- before the start of the period of temporary absence;
- after returning from a trip (business trip, study, treatment, etc.).
In the first case, a specific deadline for filing an application is not established by law. However, it is said that the contractor will have to recalculate within 5 days from the date of your request.
In the second situation, the citizen must have time to write and submit an application within 30 days after returning. Otherwise, the management company (housing association, housing complex) or the utility supplier has every right to refuse such a request.
Please note that according to current legislation, the total period for which a recalculation can be obtained should not exceed 6 months. For valid reasons, you can extend it for the same amount.
Heating
Before drawing up such a document, it is necessary to attest to the fact of accounting for the provision of low-quality services . A supporting document may be an act from the housing office or a similar company. An alternative option is to involve neighbors and the chairman. In this case, the act is attached to the application.
The document indicates the address, type of premises, as well as temperature measurements . At the same time, it is better to check using verified instruments, and then the result will be accurate.
The application must indicate several points:
- Header , which indicates to whom the application is being sent and from whom.
- Reasons for tax revision.
- Recalculation requirements . Here you need to indicate the period during which the amount changes.
- If there is a refusal , what are the consequences? It should be mentioned here that, according to the law, a penalty is charged for each day.
- List of documents that is attached to the application.
It is best to first consult with the Housing Office or the management company . The time for making a decision is up to 10 working days if there are no complaints. Additionally, you can offer calculations and payments that were made independently.
Other
Now recalculation can be done for many services that are provided by housing and communal services . Hot water can also be recalculated without problems. There is no legally established application form. But the paper usually contains the name of the company where the application is sent, and the data of the two parties. The reason for the recalculation is also stated. It is best to make references to the legal norms that were violated. At the end, the request is stated, a signature and initials are affixed.
The application must be filled out in 2 copies . A special package of documents is also attached. An extract from the application registration book may be required, as well as other papers that are relevant to the case.
You can also write an application for recalculation of gas supply . It will practically not differ from previous options. But here you need to indicate the reason. A sample application for temporary absence is presented below.
If the number of people living changes , the pattern will be different.
If the type of accounting changes , then the application example will also be different.
Grounds for recalculation of utilities.
All services provided to the population must meet the requirements of quality, volume, etc.
Provided that the tenant has not received them in accordance with payment, he can write a statement and demand a refund for paid but not consumed kilowatts, cubic meters, etc.
Poor quality services.
This concept refers to services that do not meet the quality parameters provided for by law.
The consumer will have to collect evidence to substantiate the fact.
They call specialists from the utility organization, draw up an act in 2 copies, sign it by all those present plus 2 witnesses from among the neighbors.
One copy is given to utility companies, the second copy is kept by the consumer.
Important! You need to remember about the “demarcation point”; depending on its location, responsibility lies with different organizations.
If there is heat when it is brought into the house, but it is cold in the consumer’s apartment, a claim is made against the management company.
Ignoring a call by utility workers is not a reason to be inactive. All measurements are carried out independently, a paper is drawn up and signed with the participation of 2-3 neighbors.
According to the standards (SanPiN 2.1.4.2496-09 dated 04/07/2009), the temperature of hot water under running water should be + 60C – +75 C, deviations of 3-5 C are allowed at different times of the day.
If water flows from the tap at less than + 40C, then the tariff is paid as “cold water supply” (clause 87).
In electrical networks, the voltage should be 220 volts, with deviations of no more than 10%. Using a household voltmeter, measurements are taken in the electrical panel, but the voltage can also jump due to faulty appliances in the apartment.
Important! All recalculation requirements must be supported by documents. Unsubstantiated statements will not be accepted.
Network repair.
If utility services plan repairs to networks, turn off electricity, gas, water, heat, then consumers are warned about this in advance, and payments are not charged for the downtime.
Temporary absence.
At the time of departure, a tenant who does not have meters must contact the management company with a request not to charge fees for a certain period.
You will still have to pay for the maintenance of common property and heating (clause 88).
Change in the number of residents.
Rent is calculated based on the number of registered residents.
If there are fewer residents, the management company is obliged to recalculate and charge a lower amount.
Terms of consideration
The exercise by citizens of their right to recalculation in a pre-trial manner is associated with compliance with the deadlines for completing the procedure on both sides. You can file a claim no later than one month from the moment such a right arises.
The received application is usually considered within 5 days from the date of application . The recalculation itself is carried out in the current month. If you missed the deadline, this is not an obstacle to the procedure. The refusal in this case can be challenged in court. But the procedure will take a longer time.