Why do we need a power outage act? Legal standards

Legislation regarding the need to provide notice

The importance of power supply is such that many facilities cannot be de-energized, as this will lead to catastrophic consequences. However, electricians take this fact into account only in relation to large industries. When it comes to individuals, the legal order is often not even followed, including the lack of notification of the suspension of the supply of light.

At the state level, in order to regulate legal relations between the supplier and the consumer, PP No. 442 was issued in May 2012. The document contains clear descriptions of the procedure for completely or partially stopping the supply of electric current.

In addition, the provisions describe cases when it is impossible to disconnect housing from the resource and within what time frame the RSO must notify the owner of the planned actions. As a rule, such measures are dictated by the formation of debt for payment for electricity consumption.

An additional legislative act regulating the relationship between the RSO and the owner of an apartment in an apartment building is PP No. 354.

Grounds for disconnecting electricity and amount of debt

The grounds for turning off electricity can be legal or illegal, but the owner needs to know about the reason for a specific date.

Pretexts for stopping the supply of a resource are:

• unauthorized connection to light;
• ignoring incoming receipts for payment of services;
• if the household devices used in the house do not meet electrical standards;
• carrying out planned technical activities.

It is noteworthy that in the latter case, the RSO is obliged to notify residents in advance, and the network blackout should not exceed 24 hours. Such actions cannot exceed three days in a 12-month period.

If the reason for the power outage is debt, then the supply of electricity is not stopped immediately, since the resource supplying organization is obliged to inform the owner of the apartment. So, first the first notice is sent. If information is ignored for more than two months, the owner receives a notice of electricity limitation. If these measures do not have the appropriate effect, then the supply of the resource to the debtor is suspended.

Watch the video: “Electricity cutoff for non-payment: no payment - no light! The notice does not have to be delivered in person against signature! "

Electricity shutoff notices for non-payment

During the procedure for disconnecting the power grid from an apartment or house, the counterparty is protected by the law regulating the arbitrariness of the utility company. Therefore, despite the actions of the RSO, a citizen has the right to challenge the measures taken, but the debt must be paid in full in any case.

In accordance with the current resolution No. 442, in particular clause 119, the resource supplying enterprise is obliged to notify the debtor in one of the following ways:

• deliver the notice against personal endorsement;
• send a letter by Russian Post (registered format with notification);
• enter the relevant information into the rent payment form;
• transfer of information via radiotelephone communication to the consumer’s device;
• call the owner on the phone and record the conversation;
• write a message to the email specified in the contract, or through your personal account on the GIS portal;
• notification via the official Internet page;
• automatic notification via fixed telephone devices.

At the same time, the rules for transmitting letters indicate a division of the method into two categories:

1. In some cases, information is sufficient without the need to confirm the number and actual receipt.
2. Documentation of service of notice is required.

Information in the document

When sending a notice when it is planned to turn off power, the following information must be included in the text:

• information about the consumer - if an individual, then full name, when deactivation is carried out in relation to a legal entity. person, then the name of the LLC or individual entrepreneur;
• address of the building or apartment that is planned to be de-energized;
• legal grounds;
• day and time of partial or complete suspension of resource consumption.

If the lights are going to be turned off because of an outstanding debt, then notice must be given in advance (always!). The text must contain information about the amount of the penalty and the period of non-payment.

Direction deadlines and blackout period after notification

Methods of notifying the consumer about the introduction of restrictions on electricity consumption

Disconnection from the power grid caused by non-payment of debt is regulated by PP No. 442 Ch. 1 and . Citizens and legal companies, including public catering, have the opportunity to suspend the supply of electricity if the debt is more than two periods, i.e. 2 months.

The settlement of the issue with defaulters using electricity for domestic purposes is carried out within 20 days, the rest are required to repay the penalty within ten days. In case of non-payment after notification to the debtor, RSO will partially limit the supply of electricity.

Illegal shutdowns of electricity without warning are unlawful actions and threaten the RSO, management company or partnership with fines.

If after three days the debt is not closed, then sanctions will be received from the sales company in the form of a complete blackout of the premises. After replenishing the balance and paying for reconnection of the light, Energosbyt will connect the power supply within 24 hours.

The form for notifying a subscriber about the presence of a debt for electricity is available for review here.

Responsibility for unauthorized connection

Many defaulters want to regain comfortable conditions in the absence of electricity. Some find a way out in unauthorized connection, this can lead to even more serious consequences. It is worth highlighting at least the following points:

• risk of injury;
• receiving a large fine.

Read more: Can a general contractor be a technical customer?

There are a huge number of wires in switchboards and meters, which are difficult to figure out on your own. There are many examples in history when a person received severe electric shocks when attempting to connect without permission. If, after a disconnection, the consumer decides to throw wires from the neighbors’ living quarters, the responsibility becomes noticeable for the wallet and family budget.

A sample power outage act becomes mandatory. Having a template helps you avoid mistakes in document preparation. Forms similar in structure are filled out when water is turned off and other utility services are stopped. You can avoid power outages by paying your bill on time and fulfilling the clauses of the concluded agreement. Concern for maintaining the level of comfort of life and cozy conditions in the apartment remains in the hands of the consumer.

In accordance with the rules of full and (or) partial mode of limitation of electricity consumption, approved. By Decree of the Government of the Russian Federation dated May 4, 2012 No. 442, when introducing restrictions on electricity consumption (including power outages for non-payment), the executor of the restriction (if this is a legal entity or an entrepreneur or a resident of a private house, then the executor is representatives of the power grid, if this is a resident of an apartment building - then these are representatives of the management company or the HOA) are required to draw up a report on turning off the electricity. A sample of it is given at the end of the page. At the same time, there is no approved form for the power outage act. Therefore, such a document can be drawn up in free form. At the same time, when filling out the power outage form, it is mandatory to include the following information (in accordance with clause 12 of the rules for the full and (or) partial mode of limiting electricity consumption, approved by Decree of the Government of the Russian Federation dated May 4, 2012 No. 442):

1. Type of power outage (complete or partial);

2. Date and time of shutdown;

3. Level of introduced power outage (in case of partial outage);

4. Name of the consumer, supply points at which electricity is turned off;

5. Address of the introduced power outage;

6. Technical measures that were implemented by the power outage contractor;

7. Number and date of readings of electricity meters (electricity meters) at the time of shutdown;

8. Reasons why restrictions on electricity consumption were not introduced (for the case if a power outage did not take place).

The act of turning off electricity, which is issued due to non-payment of electricity, must contain similar data.

So, it is shown here that the sample power outage act must contain mandatory information. However, when drawing up an act, it is necessary to adhere to certain rules and the act of turning off electricity must contain a certain set of information. It is drawn up in 3 copies and signed by both the contractor and the consumer.

It is worth noting that if the representatives of the contractor do not draw up a power outage act or the absence of some or all of the data provided for by law in it, the imposed restriction falls under the definition of illegal power outage

SAMPLE ACT ON ELECTRICITY DISCONNECTION (an act on the full or partial introduction of restrictions on the supply of electrical energy).

Date, place of compilation

The act was drawn up in the presence of representatives of the consumer ___________________________________ (full name), representatives of the electric grid company (guaranteed supplier)________________________________.

This act confirms that since ___________201 there has been a complete (partial) restriction of electricity supplies, carried out by ______________ (specify the method) at the consumer's address______.

Read more: Do I need a migrant’s certificate to receive a pension?

The meter readings at the time of introduction of the restriction are as follows______________ (electricity meter number).

The power outage act is a simple document that does not require certification with a seal.

But a lot depends on how it was compiled, who signed it and where it was transferred.

For the performer, the act is important to prove the legality of his actions.

For the electricity consumer, if necessary, to challenge the actions of the initiator of the procedure in court.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your specific legal problem, please use the online consultant form on the right or call. It's fast and free!

What to do if the lights are turned off for non-payment without warning

In the event of an emergency power outage at home, RSO may not notify citizens. Such actions are understandable, because no one plans for emergencies. However, if the lights are turned off for non-payment without warning, then such measures are considered illegal.

The fact is that rolling power outages during emergencies or low power levels force resource-supplying enterprises to inform consumers about the date of maintenance. works Such schedules are established in each locality.

In all other cases (debts, unauthorized connection to the network, etc.) the RSO does not have the right to ignore the rules of PP No. 442. Therefore, the consumer can contact the supervisory authorities.

Where to contact

Before complaining to higher authorities for turning off the power without warning, you need to contact the emergency service and check the panel. A power outage could occur due to a large number of powerful devices connected, which led to a short circuit in the network.

If the meter is working correctly, then the possible problem concerns an emergency situation, and the entire house has been de-energized. After such a check, you need to call the utility service, housing office. When the emergency team does not have up-to-date information about the reasons for the power outage, you need to call Energosbyt. Contact details are presented on information boards in the entrances.

If the disconnection from the power supply occurred due to a debt, but no one warned the owner, then the legality of such actions becomes questionable. Claims for unauthorized de-energization can be sent to GZHI, Rospotrebnazor, the prosecutor's office or the court.

Claim when electricity is disconnected without warning

If the procedure was carried out incorrectly or the owner doubts the legality, it is necessary to file a claim with Energosbyt, the court or the prosecutor's office.

Turning off the lights is considered illegal in the following cases:

1. Debt of a SNT member for payments for electricity. However, in a number of situations such actions come from the board of directors of the partnership. Such events are regarded by law as unauthorized regulation of the issue.
2. Lack of notice that the owner did not personally receive.
3. The loss of power to the house occurred due to debts for other housing services services.

Suing for disconnecting electricity without notice

If the procedure for turning off electricity is not followed, including in the absence of notification, then the consumer has the right to file a claim against the violator. To do this, a registered letter with a notification is drawn up or you need to submit it personally to the office of the RSO or the Criminal Code of the complaint. Feedback in writing must be received within a month.

If the lights are turned off for non-payment without warning, Article No. 539 of the Civil Code of Russia will also tell you what to do.

If material or moral damage occurs as a result of an unauthorized shutdown of electricity, the supplier can be held liable through a lawsuit in court. The application states the illegitimate reasons and circumstances that led to the blackout. The owner of the apartment also provides references to regulatory articles and legislative acts.

In the current regulations of Russia, the procedure for turning off electrical energy is strictly regulated. Therefore, cutting off power without a valid reason is illegal. In these cases, the judicial authority takes the side of the victim.

The claim form for illegal blackouts is available for download here.

The nuances of reconnecting electricity

Even if the RSO and the management company complied with the procedure for turning off electrical energy, the owner of the apartment or house can return the light.

To do this, you need to take several steps:

• full payment of the debt;
• if it is not possible to repay the arrears in the amount of 100%, enter into an installment plan agreement with the company;
• replenish your balance by at least one thousand rubles.

It is noteworthy that according to current laws, the supplier cannot refuse an application for debt restructuring. After approval and signing of the papers, the light will be connected.

The consumer is required to:

• approve the day and time of connection to electricity;
• meet with a RSO specialist on the appointed date;
• sign the act of connecting the light and sealing the meter.

The period within which the activities must be carried out is 1-2 working days.

The only significant nuance is that all costs for disconnecting and reconnecting the light fall on the shoulders of the apartment owner.

Actions in case of power outages for non-payment of utilities in 2020

In view of this, answering the question “Can the lights be turned off for non-payment”, Managers and other organizations are required to send a notification when a two-month debt arises. But, as practice shows in 2020, the owner is given much more time than the law provides.

Before the actions of the controlling authority reach the point of directly suspending the supply of electricity, a notification is sent. This aspect is very important because... Energy in housing is the most popular service in the housing and communal services sector. Without it, it is impossible to lead normal everyday life in urban conditions. It should be understood that an illegal power outage can have irreversible consequences for a seriously ill person connected to certain equipment. This may also incur additional costs for the company.

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