What to do if the gas is cut off in a private home: an overview of legislative nuances

A gas shutdown in an apartment or private house always creates many problems for the consumer. After all, gas can be used not only for cooking, but also for heating a house, heating water, and performing other household tasks.

There are many reasons for blocking the gas flow in a gas pipeline system - from long-term non-payment of bills for a given resource to an emergency breakdown on the line.

And the reason depends on how quickly supplies will be resumed. If a problem occurs on the gas supply line, consumers have no choice but to wait until the problem is fixed and connected to the system .

But it is not so rare that the supply of such a valuable natural resource, heat source and other household amenities is cut off due to utility debts, late payments, or long-term absence of residents from the apartment or house. In practice, unpleasant cases also occur when gas is turned off by mistake for those who pay for it regularly and in full.

If it was turned off without warning, what to do, how to return the required comfort and warmth to the house? It is useful to know the answer to such a question in order to act competently and promptly in such a situation.

Main reasons

Why can they turn off the gas in an apartment? If the reason is not related to a breakdown in the gas pipeline, most likely the apartment owners are in arrears on their bills. According to the rules, there are several reasons for turning off the gas:

  • The subscriber did not enter into an agreement with the supplier for the supply of resources to the apartment or for emergency maintenance.
  • In case of malfunctions in the communication system.
  • In case of illegal connection to the gas network, self-installation of gas equipment.
  • Also in the case when tenants are evicted from an apartment or house.
  • The indisputable reason is the occurrence of an emergency when a gas leak is detected.
  • Gas will be turned off if you fail to pay for 3 months of supply services.
  • The consumer may violate the terms of the contract with the supplier or incorrectly transmit meter readings.

Gas workers can also shut off the gas supply if the consumer does not allow gas service representatives into the apartment to check the indicators.

There are a number of other grounds related to consumer violations when the supply of a resource may be terminated:

  1. In case of debt. Even 3 months of non-payment can result in disconnection.
  2. When using gas equipment not provided for in the contract.
  3. If the gas equipment in an apartment does not meet safety standards, there is no precise indication of its manufacturer and no guarantee of quality.

When the gas is turned off

To answer the question “Can the gas be turned off during the heating season?”, you need to understand why this is possible. Gas may be turned off if:

  • the supplier does not know how much of the resource was actually consumed - when the metering devices in an apartment building count incorrectly or are faulty;
  • the client does not agree to provide access for scheduled and preventative maintenance;
  • the debtor does not pay for the use of the service for more than three months;
  • the meter does not meet the requirements set for metering devices and gas equipment in this area;
  • the meter does not comply with technical specifications and regulations;
  • no contract was concluded with the service provider.

Gas supply may be interrupted without notice. If there is not a single reason that is significant for the shutdown, then most likely the reason for stopping the supply of gas in an apartment building is an accident, replacement of equipment or other technical malfunctions. The gas service notifies you in advance about maintenance work and related shutdowns. If the supply has stopped and there is no specific reason, the supply will be restored quickly and free of charge as soon as the issue is resolved or the breakdown is corrected.

It is important to know! If the homeowner owes payment for several months, then at the moment of disconnection he understands that he will have to not only pay all existing debts and non-payment, but also accrued penalties and fines, as well as all expenses that are guaranteed to appear upon reconnection and costs . Gas is turned off for lack of payment at least 2 months after the debt is incurred.

Procedure

There is a standard procedure for turning off the gas (with the exception of emergency situations, when this is done quickly and without warning):

  • The subscriber must receive a notification letter 20 days before the technicians arrive, which will indicate the reason for the resource blockage and the date. By law, even two such notices must be sent, but sometimes consumers do not receive any.
  • After receiving the letter, you need to pay the debts, the accrued penalty (if any), and immediately notify the gas service about this.
  • When the notification is carried out according to the rules, and the subscriber still does not respond, gas workers have the right to go to the address and disconnect.
  • The most popular way to disconnect is to seal the gas meter. After this, the consumer has no right to open the gas in the apartment, this is a serious offense.
  • A plug can be installed to prevent gas from entering the apartment.
  • And only in extreme cases do gas workers cut the pipe. This is a radical method; it is used only when the owner of the apartment does not allow the craftsmen inside and does not pay for supplies for a long time.

Those who consider closed doors to be a reliable obstacle to disconnecting a resource should remember that they will have to restore the connection to the system at their own expense, and the work will not be cheap.

ATTENTION! If you have a large debt for gas, you should not hide; the gas company will not take long to resolve the issue with the shutoff. It is recommended to contact the supplier with a request to arrange an installment plan for the debt. But this must be done before notification of the termination of supplies arrives.

What to do if disabled

If the disconnection was carried out according to the law due to the debt of the homeowner, then he is obliged to pay all existing debts, accrued penalties and fines, as well as pay the possible costs of the supplier for sealing and stopping the gas supply. After this, he must contact the service provider with a statement in which he asks to return the gas supply to the previous level, and attach payment receipts to it.

If payment has been received in full, the gas supply can be returned within three working days. If the suspension of gas occurred for reasons that do not depend on the subscriber, then he has the right not only to demand full restoration, but also to receive moral compensation.

Illegal shutdown

The list of reasons why a gas supplier may stop supplying it is long. Before complaining about the situation, it is worth finding out on what basis the resource is blocked; perhaps it is the consumer who is to blame. In the event of an accident, you just have to wait for repairs; usually, crews respond quickly and fix the problem.

Unfortunately, you may also encounter a situation where the gas is cut off illegally, without good reason:

  1. Gas workers point to an imaginary malfunction of equipment that is actually safe and working.
  2. If there is no transmission of gas meter readings.
  3. If the subscriber does not live permanently in the apartment.
  4. It is also illegal to disconnect without warning the subscriber. The service is obliged to notify that we will turn off the gas and provide written reasons for its actions. This is a standard requirement for the procedure. Without notification, shutting off the gas will be considered illegal, and the consumer may complain against the supplier.

When is it illegal?

  1. The supplier does not have the right to turn off the gas to the entire apartment building if only individual apartments have debt. In such a situation, affected consumers can complain to Rospotrebnadzor, the prosecutor's office, or the court. Suppliers must find a way to cut off gas supplies only to direct debtors.
  2. Gas may not be connected for a long time after completion of repair work. After the breakdown is fixed, the technicians must make the connection.
  3. The resource cannot be turned off due to the fact that representatives of the gas service could not get into the house due to the absence of people in the house.
  4. The consumer may have overpaid for gas supplies, and on this basis he has not made payments for a month or two. Lack of debt - this fact should be the main one, and not the lack of a monthly receipt.

Even in the event of an accident on a gas pipeline line, the shutdown cannot be long; at most, it can last a day. During this time, the malfunction or leak must be eliminated, and subscribers must be reconnected to the gas supply system.

The only way to remain with all household amenities in your home is to pay for services on time and use only serviceable equipment, without violating the terms of the contract with the supplier.

What to do

When signing an agreement with a gas supplier, it is worth finding out how they are disconnected for non-payment and what period of time is given for repaying the debt. This information can help you assert your rights. If the subscriber is disconnected not in an emergency (due to a leak, damage to the pipeline, network), he must be notified of such action by the gas workers.

IMPORTANT! Disabling without notice is considered illegal.

According to Article 46 of the Government Decree of July 21, 2008 “On the procedure for gas supply...” a written warning is sent to the owner of the apartment in which the shutdown will occur, with a notification of delivery.

The consumer must receive such a letter and sign for delivery no later than 20 days before the event. But the gas service, unfortunately, does not always comply with this point of the Government Decree and rushes to turn off the gas and punish the subscriber even without warning. What can you encounter in reality?

  • The notification may reach the consumer in a timely manner.
  • It may simply be sent to an address without determining whether the recipient received it or not.
  • Sometimes the gas service does not even issue a letter warning about the shutdown.

Procedure for notifying a subscriber about a gas supply interruption

To stop gas supply, the company is obliged to notify the resident about this no later than twenty days before the shutdown time. This is done by registered mail with notification. This letter indicates the reason for the disconnection and the time. The user has time to correct all deviations indicated in the warning. After this, you must notify the gas service that all discrepancies have been eliminated.

But it is worth remembering that the supplier is not in all cases obliged to warn about a possible shutdown, for example, in cases of damage or leakage, or if special equipment threatens to cause an accident. Then the gas workers suspend the supply without warning.

The supplier has the right to cancel the contract unilaterally only under certain circumstances. On the other hand, the client can terminate the agreement at any time by notifying the service organization and making payment for all services.

How to act

Is it possible to return all the required household amenities to the house if the gas has already been shut off, even without proper notification. In any case, you first need to figure out on what basis the blockage was made and why the service did not notify about it.

If the subscriber knew about the upcoming problems and did not solve anything within the given period of time, he still needs to remove all obstacles, return the supply of the resource and normal life to his home:

  1. In the case where the gas is cut off due to a debt, and there was a warning about this, you must first pay off the debt. There may be a penalty and a connection fee, all of which must be paid. Then an application for connection is drawn up.
  2. If there was no notice of disconnection for debts, it is still easier to get rid of the debt and call the experts to restore the gas supply. Even if you file a lawsuit against a supplier for illegal actions, you must first get rid of the debt.

What kind of debt can be covered? Most often, the gas service will begin to put pressure on the debtor if he has missed 3 months of payment, regardless of the payment amount .

When there is no debt or other reason to shut off the gas to the apartment, you should first contact the gas company and find out the reasons for what happened.

Perhaps there was an error with the address, with payments, in which case the whole problem will be resolved quickly. If the gas workers refuse to connect the apartment to the network and prove that they are right, they must act through the courts.

Reasons for turning off the gas

Utility resource providers have the right to disconnect a defaulter from the service for non-payment without a court decision. This provision is contained in paragraph 45 of Government Decree No. 549. The procedure can be carried out unilaterally, but before this the debtor must be notified in writing. The document is sent to the defaulter 20 days before the gas is turned off.


Reasons for deactivation may be:

  • violation of obligations to transmit data on the amount of resource consumed;
  • providing false information about the amount of gas consumed;
  • periodic refusals of the consumer to have gas equipment checked by a special service;
  • gas shutdown due to non-payment for consumed fuel for more than two months;
  • operation of gas appliances that do not meet established requirements;
  • lack of contractual relations between the consumer and the fuel supplier;
  • detection of technical faults;
  • the occurrence of an emergency at a gas distribution station;
  • failure of the consumer's gas equipment.


After eliminating the problems that caused the suspension of gas supply, the consumer will need to contact the gas service.

After completing the application, the service will be restored. But the cost of gas connection is borne by the subscriber. To resume gas supply, the entire debt will need to be repaid.

The gas was turned off for debts, is this legal?

Regardless of what was the reason for shutting off the gas in the apartment, the resource supply organization must warn consumers about the upcoming procedure. Gas service employees are required to notify citizens both in case of non-payment and in the event of technical malfunctions. If there is no written notification, then the suspension of gas supply can be appealed in court.

Also, the suspension of gas supply will be unlawful if:

  • gas does not flow into the apartment building after technical faults have been eliminated;
  • the consumer has no debt for gas;
  • the reason for the lack of gas is a violation of the deadlines for technical work to eliminate faults;
  • when it is revealed that a gas service specialist has abused his powers.

If such circumstances exist, a citizen may apply to the court. At a court hearing, you should appeal the actions of the resource supply organization.

Contacting the gas company

When an illegal gas shutoff is detected, the first thing you need to do is write a statement to the gas service company:

  • It is necessary to obtain a written explanation of the actions from the gas workers.
  • The application is drawn up in two copies, in it you need to make a claim and demand a return connection to the gas pipeline.
  • What is included in the application? This is information about the organization, its leader, a claim against the company. You should indicate the legal acts confirming the illegality of the actions, write about the losses incurred due to the gas shutoff, and the cost of their compensation.
  • It is recommended to require an examination.

This application must be reviewed by the gas company within 3-5 days. After the examination (if the company’s guilt is confirmed), the case can be sent to court.

How to restore gas supply

Free legal consultation

To connect the gas supply after trimming, you need to find out the cost of this service. The rules for resumption of natural gas supplies are described in Government Decree No. 549 of July 21, 2008.

In addition to the amount of debt and penalties, you will also have to pay for work on connecting to the gas supply. Connection tariffs are unstable and are set depending on the subject of the Federation. On average, this is approximately 4-5 thousand rubles.

When considering the general procedure for connecting gas supply after cutting, a period of five working days is set for the gas company, after which the client provides documentary evidence of eliminating the reasons why the gas supply was cut off.

Please note that the owner of a private residential property must write a statement to the gas company.

Court

A lawsuit on this issue is drawn up taking into account the requirements of Article 131 of the Civil Code of the Russian Federation. It must contain information about the two parties to the conflict, the essence of the claim, a description of the offense, as well as the cost of this claim. A previously drawn up application to the gas company will confirm the pre-trial consideration of the issue and an attempt to resolve the problem without trial.

The statement of claim must also include the result of the examination and documents for the property where the gas was turned off. An obligatory part of the procedure for filing a claim in court is the payment of a state fee, its amount will depend on the amount of the gas claim.

ATTENTION! These issues are considered by the magistrate. The court has the right to study this case for a month, then it must begin consideration.

Can gas be turned off for non-payment during the 2020 heating season?

Along with the topic “Gas in a private home” they are also searching for:

  • 80. The contractor has the right to suspend or limit the provision of utility services 1 month after a written warning (notification) to the consumer in the event of: a) incomplete payment by the consumer for utility services. underpayment of utility services is understood as the presence of a consumer in arrears in payment of one or more utility services, exceeding 6 monthly payment amounts, determined on the basis of the relevant standards for the consumption of utility services and tariffs in force on the day of restriction of the provision of utility services, provided there is no agreement on debt repayment concluded by the consumer with the contractor, and (or) in case of failure to comply with the terms of such agreement; 81.

As a rule, the gas is turned off:

  • For non-payment. Termination of gas supply is allowed if payment has not been received from the subscriber for 2 months in a row or on the date of disconnection the amount of the resulting debt is greater than the amount accrued for 2 months.
  • For regular violation of the rules established in the contract with the supplier.
  • For creating obstacles to representatives of the supplying organization obtaining the information necessary to determine the actual volume of consumption. For example, a citizen does not allow gas service workers into the house so that they record the meter readings.
  • For the use of equipment that does not meet the requirements of the law, as well as does not comply with the terms of the contract.

The reasons for gas shutdown can be established in an agreement between the supplier and the subscriber.

IP/Host: 84.42.27. Registration date: 08/02/2009 Messages: 5 gas outages for individuals Hello. I have this question: On August 12, the gas in my private house was cut off for non-payment (the debt was not very large - 3,500 rubles). Before that, I received a notice of shutdown.

Help me find the answer to this question - my mother’s gas was sealed in a private house because during an inspection they discovered that the boiler’s automatic system was broken. The boiler itself is already old and you can’t find any automation for it anywhere (our neighbors’ automation hasn’t worked for 20 years and everything is fine), we bought a new boiler, but no one is going to turn it on.

We called several times, they ignore it, and if they come, they find a reason not to remove the seal (something is hanging wrong, branches are interfering with the pipes, etc.). The cold weather is coming soon, but the house is already cold. Tell me, did they have the right to turn off the gas before the heating season and what laws in this case can I read? Thank you.

#11 IP/Host: 94.181.81. Re: gas shutdown for individuals Hello! Gas workers came to me with a routine gas check. They asked for a gas book, I don’t have one.

The grounds for turning off the gas are:

  • Violation of the contract regarding the transfer of readings from metering devices (when the supplier does not know the amount of resource consumed);
  • Refusal of the consumer to provide access for scheduled inspections;
  • Lack of payment for more than three months;
  • Using a meter that does not meet the requirements in the region;
  • Use of metering devices and equipment that do not comply with technical regulations;
  • Lack of a concluded agreement with the service provider.

You should not panic if a resource is turned off without notice, since the supplier may shut down for unforeseen reasons, for example, in the event of an emergency, when replacing equipment, due to technical faults.

Meanwhile, the supplier and the subscriber can enter into an additional agreement that the debt will be paid in installments. The agreement establishes the schedule and amount of payments.

After this, the supplier resumes service within two days and removes the seals placed on the equipment when the gas was turned off. How much does it cost to restore supply? The amount is determined based on the costs incurred by the supplier in connection with the suspension of supply.

Connection of in-house devices is paid separately. There are no uniform tariffs for all regions. The amount of payment is set directly by the service company.

Additional reasons for disconnection In addition to debt and non-payment within three months, disconnection of gas supply to a consumer can be used as a compulsory measure in the following cases:

  • Lack of an extended contract for emergency technical services;
  • If the consumer independently installed or retrofitted the gas system without coordinating this with anyone;
  • Malfunctions of the chimney or other communication systems;
  • Evictions of tenants through the courts;
  • Gas leaks and emergency situations caused by the consumer.

In addition to the above, for disconnection there must be a fault of the consumer, for example, violation of clauses of the concluded contract, refusal to cooperate with the organization’s employees in providing information from the meter, the amount of debt for more than three billing periods, illegal redevelopment, etc.

If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.

About resuming the supply If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers. Actions to resume gas supply:

  • Visiting the utility organization responsible for the shutdown to conclude a new contract.

And a week after my call to the gas workers, I came home and discovered that the gas pipe had been cut off and welded shut. They cut the pipe when no one was home. I was not left with any record of the actions taken.

I don’t know if police officers or bailiffs were present. 2 minor children (5 and 6 years old) live and are registered in the house, especially since one of them is the owner.

The heating season is about to begin, but apparently we will remain in an unheated room... If they had refused me a deferred payment over the phone, then of course I would have strained myself and paid off the debt. But since they gave me a deferment, I decided to spend the money on getting my child ready for school. This gives me 2 questions: 1. what can I do in this situation?2.

Tatyana, no, they have no right! #8 IP/Host: 85.26.232. Re: gas disconnection for individuals The subscriber was disconnected by the gas service due to debt for natural gas. The procedure for disconnecting the subscriber by the gas service was violated (lack of notifications).

Should the gas service connect the subscriber at its own expense in this case? #9 IP/Host: 109.165.22.

Utility companies often threaten to cut off the supply of resources for debts. And it would be fine if they just scared me, but they turn it off.

This story is about how to protect yourself from the tyranny of gas workers and not be left without gas and heat in winter.

A woman who found herself in what she thought was a hopeless situation turned to me for help. Due to the accumulated gas payment arrears, the local city gas company gave her a notice, saying that if the debt is not paid, we will cut off the gas.

Private house, two children, heating - gas boiler, hot water from the same place. Winter is on the street. It's impossible to live without gas.

It’s true that we’re running out of money. There’s a choice: either pay off the debt and starve in the warmth for a couple of months, or be left without heating.

In general, she called me almost crying after the gas workers confronted her with the fact “we’ll come tomorrow to cut it off.”

He calmed her down, promised to help, and wrote a complaint for her.

The text of this complaint is given here. It contains an explanation of why they do not have the right to cut off the gas, and a sample that may be useful to someone. In such cases, I still don’t dare ask for payment for my services.

So, I addressed the complaint to Gorgaz, the State Housing Inspectorate and the district prosecutor. All three recipients in one complaint, so as not to point at each other.

I, Ivanova M.I., live with two young children in a private house at . Due to my failure to pay the debt for gas, Gorgaz LLC notified me on November 11 of the upcoming shutdown of gas supply.

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Due to my difficult financial situation, I am unable to repay the debt in full.

At the same time, the intentions of Gorgaz LLC to stop the supply of gas to a residential building are illegal. In the event of a gas supply shutdown, the procedure for stopping gas supplies will be violated, and my rights as a consumer of utilities will be violated.

In accordance with clause 122 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011 N 354: “122. Actions to restrict or suspend the provision of public services should not lead to: . violation of established requirements for the suitability of residential premises for permanent residence of citizens.”

In accordance with paragraph 12 of the Regulations “On recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction” approved. Decree of the Government of the Russian Federation dated January 28, 2006 N 47: “12. Residential premises must be provided with engineering systems (electric lighting, drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply).”

Gas is used to heat my house (heating boiler) and for cooking (gas stove).

The house does not have central or stove heating systems.

Refusal to supply gas to a residential building will lead to a violation of the established requirements for the suitability of a residential premises for permanent residence, since with the onset of the autumn-winter period and in the absence of central or stove heating in the house, the residential premises will become unsuitable for habitation.

This creates not only a threat of violation of my rights and the Rules
for the provision of public services , but also creates a danger to the life and health of the young children living in the house.
In addition, according to the legal position of the Supreme Court of the Russian Federation, which it has repeatedly voiced, stopping the supply of utility resources is a last resort measure, applied only in conditions when other debt collection measures have been exhausted, in strict compliance with the requirements of current legislation.

I believe that actions to cut off the gas supply will be
disproportionate to the violated obligation.
Gorgaz LLC not
use all measures to collect debt for the resource provided.
I repay the resulting debt as far as possible.

I ask you to stop the illegal actions of Gorgaz LLC and take measures to prevent violation of consumer rights, legitimate interests of citizens, and violation of the
Rules for the provision of utility services by the resource supplying organization .
This complaint did not even have to be sent to the housing inspectorate and the prosecutor's office.

When it was read in Gorgaz, the cutting of the gas pipe was canceled. Moreover, they offered an installment plan to pay off the accumulated debt.

They talked about subsidies for utility bills for low-income families. They advised me to contact social security. They even promised to help.

It turns out that in order to receive a subsidy, you need to provide a certificate of no debt.

In general, the problem has been partially solved.

No. Gas, water, electricity, sewerage will no longer be turned off. This is okay.

The problem is how hard it is for a mother with two children, when she has to work and look after the children. When half of your already small salary goes to utilities.

It’s not so much physically difficult as it is mentally.

Understanding and support of others? No.

From some - contemptuous glances and condemnation. From others - collecting debts.

And this: “You’re a mother! Think about the children. "

I will be glad if this note is useful to someone. It is even better if there is no need for such complaints, just as there will be no such situations.

Subscribe to the channel in Telegram to receive notifications about new notes.

This material is devoted to issues related to the procedure for turning off gas due to non-payment. What could be the reason for such actions? What could be the consequences of possible legal proceedings related to non-payment of housing and communal services?

The total level of debt for public utility services in Russia has reached a record 900 billion rubles. Of these, 200 billion rubles are debts of individuals.

Due to the current situation, utility services have an extremely negative attitude towards possible concessions to debtors in the form of debt restructuring or deferment. Most often, the case turns into a lawsuit and a refusal to provide services.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

Government Resolution No. 549 (clause 45), adopted on July 21, 2008, stipulates the right of the gas supplier, with prior written notice to the client, to stop supplying energy and suspend any further fulfillment of its obligations unilaterally.

The following reasons may motivate such a decision:

  • It was revealed that the client violated the agreement to provide up-to-date information, which led to the supplier being unable to accurately determine the volume of gas used;
  • The client denies the supplier's representatives access to its facility to carry out an inspection;
  • For two billing periods following one another, the client did not pay for the services of the supplier;
  • The client uses gas equipment that differs in characteristics from the equipment specified in the contract;
  • The supplier received information from an organization engaged in servicing the client’s gas equipment (indoor and communal), from which it follows that the client used gas equipment that does not comply with current technical standards;
  • The client did not enter into a contract for the maintenance of gas equipment with a specialized organization.

The supplier may also stop supplying gas without notifying the customer of its actions under the following conditions:

  • the gas distribution network was damaged by the accident;
  • there was a breakdown of gas equipment on the client’s side or a gas leak occurred in the apartment/in-house equipment;
  • The organization involved in the maintenance of gas equipment under the contract has drawn up a conclusion according to which the client’s gas equipment is in unsatisfactory condition and can cause an accident.


What to do if the gas in the apartment is turned off?
Read how to connect gas to a private home here.

After eliminating the reasons that led to the gas shutdown, the client can contact the supplier with a request to resume the gas supply. Supply will be resumed as soon as the customer pays the supplier's costs associated with the process of disconnecting/connecting the customer to the gas transmission network.

For connection of in-house gas equipment, the subscriber pays separately to the supplier or to the organization involved in the maintenance of in-house gas equipment on the basis of an agreement.

The supplier undertakes to resume gas supply within 3 days from the receipt of a notification from the subscriber, in which he declares that the reasons that served as the basis for stopping the supply of gas have been eliminated.

As mentioned above, Government Decree No. 549, among other things, provides for the disconnection of a subscriber from the gas transmission network if he has incurred a debt (partial or complete) for two months in a row.

How does disconnection occur due to debt?

According to Article 546 (clause 2) of the Civil Code, a complete or partial suspension of the provision of utility services can only be carried out after written notification to the consumer by the utility services.

The article specifically states that gas supply cannot be suspended if this could create a potential emergency situation. If partial restriction of gas supply is impossible for technical or other reasons, the supplier has the right to completely disconnect the subscriber from the gas supply.

The notice is sent by registered mail or issued to the subscriber against signature. The notification received by the subscriber must indicate the schedule according to which the gas supply will be limited. The schedule developed by the utility service begins to be implemented no earlier than 20 days after delivery of the debt notice.

If the supplier has chosen a partial suspension of gas supply as a penalty, according to Government Decree No. 354 (clause 119), he can completely disconnect the subscriber from the service no earlier than 30 days after the restrictive measures come into force. Before a complete shutdown (3 days in advance), the supplier undertakes to notify the subscriber of its actions by registered mail or notification against receipt.

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To summarize the above, a complete disconnection of a subscriber from the gas distribution network can be carried out 53 days after receiving the first notice of non-payment.

If the limited gas supply on the subscriber’s side is technically impossible, a complete shutdown will occur faster - 23 days after receiving the first notification. In both cases, a prerequisite for any action by the supplier is the personal delivery of a notice of non-payment to the debtor.

After disconnecting the subscriber from the gas distribution network, the supplier must seal the equipment involved in gas supply

What services cannot be canceled due to debt?

Central heating and water supply (cold water) cannot be partially or completely stopped due to debt.

This rule also applies to other types of public services if their suspension entails:

  • damage to property that is in common ownership of other residents of the house;
  • violation of the consumer rights of other citizens living in the house who do not have debts for utilities.

Debt on utility services, in addition to their partial or complete shutdown, may entail other consequences. For example, if payment for services provided is not made for 6 months or more, the tenant may be evicted from the apartment if he lives in it under a social tenancy agreement. Apartment owners are not subject to eviction; to collect the debt, the service provider can apply to the court with an advising claim.

Gas supplies can be resumed in full not only in connection with full repayment of the debt. The subscriber and the supplier can enter into a special agreement that sets out the procedure for repaying the debt with the corresponding schedule. After its conclusion, within 2 days the supplier must resume the gas supply and remove the seals from the gas equipment.

In addition to full payment of the debt, the subscriber, previously disconnected from the gas transmission network, undertakes to pay for technical work related to the connection procedure.

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As practice shows, in recent years the debt on utility bills in the country has been steadily growing. In such conditions, service providers try to protect their interests by developing a system of measures to deal with unscrupulous clients. All of them must not conflict with Russian legislation. For example, turning off gas in a private home for non-payment is possible only if a number of conditions are met.

To answer the question “Can the gas be turned off during the heating season?”, you need to understand why this is possible. Gas may be turned off if:

  • the supplier does not know how much of the resource was actually consumed - when the metering devices in an apartment building count incorrectly or are faulty;
  • the client does not agree to provide access for scheduled and preventative maintenance;
  • the debtor does not pay for the use of the service for more than three months;
  • the meter does not meet the requirements set for metering devices and gas equipment in this area;
  • the meter does not comply with technical specifications and regulations;
  • no contract was concluded with the service provider.

Gas supply may be interrupted without notice. If there is not a single reason that is significant for the shutdown, then most likely the reason for stopping the supply of gas in an apartment building is an accident, replacement of equipment or other technical malfunctions. The gas service notifies you in advance about maintenance work and related shutdowns. If the supply has stopped and there is no specific reason, the supply will be restored quickly and free of charge as soon as the issue is resolved or the breakdown is corrected.

It is important to know! If the homeowner owes payment for several months, then at the moment of disconnection he understands that he will have to not only pay all existing debts and non-payment, but also accrued penalties and fines, as well as all expenses that are guaranteed to appear upon reconnection and costs . Gas is turned off for lack of payment at least 2 months after the debt is incurred.

All rules according to which it is possible to turn off or suspend gas supply are approved by the Civil Code of the Russian Federation and RF PP No. 549, as well as other legal acts. According to these documents, gas suppliers have the legal right, upon their sole decision, to stop fulfilling their obligations towards the client (i.e., completely cut off from the supply system or suspend for a while). There are several reasons why gas workers have the legal right to cut off the gas supply to a private (and not only) home:

  • when the consumer has violated by his actions the clauses of the contract concluded with the supplier, which relate to the need to timely provide information on the volume of gas consumed;
  • residents do not allow gas service workers to access the equipment, thereby preventing inspections;
  • consumers have been ignoring payment notifications for more than two months;
  • if consumers have installed gas equipment in their home that is not approved for use in this region;
  • provided that the gas appliances used in the house do not meet the necessary technical standards, which can lead to an accident;
  • the owner of the house did not enter into a client agreement for the maintenance of gas equipment with an authorized organization.

If any of the above reasons occur, the gas company employees send the consumer a notice warning of their intention to suspend the service. They have the right to do this 20 days after this notice is received by the client. The date on the postal item can also be considered such a date; it is not necessary to hand over the letter personally for signature.

In some cases, gas may be turned off without the consent of the home owner

There are a number of reasons why a gas supplier has the right to stop supply without giving prior notice:

  • there was a serious accident on the gas distribution network;
  • if the working equipment in the house and/or area is damaged and there is a gas leak;
  • when a special commission concluded that the equipment used in the house does not meet the required technical specifications, which could lead to an accident.

If these shortcomings have been eliminated, residents acquire the right to resume the service. Once the supplier receives notification that all previously found deficiencies have been eliminated, he is given 3 business days to reconnect the equipment.

The period for which the supply may be stopped depends on the reason. If the company carries out scheduled repair work, then this period should not exceed 4 hours per month in total. If it increases, the payment for supplied gas is reduced by 0.15% for each hour in excess of the allotted limit.

If there is an accident on the central network, the company is obliged to eliminate it within 24 hours, during which time it is allowed to turn off the gas. Plus, beyond this limit, another 2 days are given to establish normal supply.

It is necessary to consider in more detail the question of how gas is turned off in an apartment (or in a house) for non-payment. As practice shows, most often gas workers do this for non-payment. For such a scenario to develop, it is enough not to make gas payments for two months. Moreover, we are not only talking about the entire amount that needs to be paid. Disconnection from the gas network is possible even if the client has not paid at least part of the specified amount of money.

The method of influencing the defaulter can be determined by the supplier company itself. She has the right to either suspend the provision of services or cut off the house from the gas network completely. But first she is obliged to issue a warning to the client. It is given in the form of a written notice.

Civil Code of the Russian Federation (Article 546) is created in the form of a postal item or handed over to the client personally against a receipt. The specified document must contain a schedule for subsequent shutdown.

This is interesting: Payment for housing and communal services through government services: instructions 2020

The reason for turning off gas is often long-term non-payment for the service.

If at the first stage the supplier decides only to limit the supply, then for a complete shutdown he must wait another month from the day he introduced the restrictions. Plus, before this procedure is carried out, the client is again given a written notification. This must be done 3 business days before the shutdown date. The letter is either sent by registered mail, or delivered by courier personally to the client against signature.

Thus, before the final disconnection from gas supply to a private (detached) house, one and a half months must pass from the date the client receives the first notification. This period can be reduced by skipping the partial shutdown stage if this procedure is impossible due to the technical features of the equipment.

When the procedure for disconnecting from the gas network is completed, a representative of the supplier company, according to internal regulations, is obliged to put seals on the equipment (that which belongs to the company).

There are cases when suppliers turn off gas supplies without good reason. There are rules that they must not ignore. The reasons are considered illegal if:

  • the subscriber has not made a payment, but also has no debt - this happens in cases where a person pays bills with a reserve;
  • after technical work that required turning off the resource in the entire house, no connection was made;
  • the period allotted for performing technical work has passed, but the work has not been carried out;
  • gas supply is turned off in the entire apartment building if only one of the residents has debt;
  • an adjustable home meter was not installed due to the fault of the supplier or due to the absence of the apartment owner;
  • the owner refused to carry out preventive work once or twice for valid reasons;
  • the equipment was recognized as not meeting technical standards, but the consumer does not agree with this and is going to challenge this fact in court.

Gas workers have the right to stop supplying gas to a residential private house without prior warning only if the following situations arise:

  • there is a suspicion of a gas leak;
  • gas equipment inside the house or in its immediate vicinity has become unusable;
  • in case of emergency on the central gas network.

In all other situations, be it non-payment of existing debt, inability to inspect the appliances due to the absence of the owners in the house, the supplier has no right to turn off the gas on the same day without official warning. Such an act is a direct reason for filing a claim in court. Moreover, the consumer has the right in his application to demand not only the resumption of supply, but also compensation for material and moral damage (if he can prove its existence).

If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.

If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers.

If the disconnection from the gas network occurred legally, then the client has only one choice - to eliminate the equipment deficiencies found or to pay off the existing debt for payment for services.

The supplier must notify the debtor of the disconnection of the service.

But in the case where, in the consumer’s opinion, the disconnection was made illegally, he has three options for further action:

  1. Draw up and submit a claim to the supplier company. It should state the essence of the current situation, indicating all the deadlines, attaching copies of payment receipts and/or technical documentation for the gas equipment installed in the house.
  2. File a complaint with the prosecutor's office about illegal actions. It must also be accompanied by copies of financial and technical documents. To carry out this procedure, it is not at all necessary to contact the prosecutor’s office reception directly; it is enough to send a letter by email.
  3. File a claim in court. It would be a good idea to first call the police at home so that they record the fact of the disconnection and describe the client’s living conditions. Then you should file a complaint with the Housing Inspectorate and the Society for the Protection of Consumer Rights. And only after waiting for an answer from them, you should submit a statement of claim to the Magistrates or District Court, depending on the amount of the claims.

Copies of the following documents must be attached to the statement of claim:

  • documents confirming ownership of real estate;
  • service agreement with the gas company;
  • an act that was drawn up during the last preventative inspection of gas equipment by the service company;
  • receipt of payment of state duty;
  • all previous claims to regulatory government agencies, as well as responses from these organizations;
  • response from the police to the statement.
  • any financial documents that can confirm that the client will suffer losses due to the disconnection and the need to reconnect the gas equipment.

According to the Code of Civil Procedure of the Russian Federation, the judge is given 5 working days to make a court decision.

The debtor can appeal the decision to disconnect services

Typical reasons given when filing a lawsuit include the following:

  • the consumer was not notified in advance about the impending shutdown;
  • the gas meter has not passed the test;
  • gas shutdown due to the infrequent appearance of the owners in a private house.

It is especially important to find out whether gas can be turned off for non-payment in winter. The supplier is granted this right only if there are alternative heat sources in the house (for example, a wood stove). In other cases, the defaulter must be given the opportunity to spend the winter (until the heating season officially ends) without stopping the gas supply.

They do not have the right to stop the gas supply if a minor child lives in the house. However, in practice it turns out that the gas is turned off even in violation of the prescribed rules. Therefore, the question of what to do if the gas is turned off for non-payment should be decided depending on the surrounding circumstances.

Next, you need to figure out how much the connection will cost if the gas is cut off for non-payment. The rules for restoring gas supply are stipulated in RF Regulation No. 549.

In this case, in addition to the amount of debt and penalties, you will also have to pay for the technical work necessary for connection. The cost of work varies depending on the region. On average across the country it varies from 4 to 5 thousand rubles.

If we consider the general procedure for resuming services, the gas company is given 5 working days to restore gas supply after the client provides documentary evidence of elimination of identified deficiencies or receipts for payment of debt. Therefore, the owners of a private house must independently submit a written application to the company that supplies gas.

A company specialist will remove the seals, check the serviceability of the equipment and connect it to the general gas distribution network. Technical work usually does not take much time. At the end, the consumer and supplier must enter into a new service agreement.

Gas shutdowns in an apartment building or in a private house for non-payment are not uncommon. Each such procedure has its own nuances that the consumer should know in order to be able to protect their rights.

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Reasons for turning off gas in an apartment building

Stopping the supply of gas to apartment buildings causes a wave of indignation, which is why gas workers, as a rule, do not take spontaneous and groundless actions.

The most common reasons for gas shutdown:

  • violation of the operating conditions of gas distribution systems: unauthorized connection of additional equipment, unauthorized connection, use of gas units that do not meet the parameters, faulty equipment, and so on;
  • lack of an agreement for emergency maintenance of gas equipment, for which they can not only turn off the gas, but also impose a fine;
  • malfunction of chimneys and ventilation shafts;
  • expiration of the standard service life of equipment;
  • carrying out repair work, including in the event of emergencies or depressurization of the gas distribution system;
  • occurrence of debt, incomplete payment of consumed volumes;
  • scheduled preventative maintenance of the system.

Many consumers are interested in whether they can turn off the gas if inspectors do not enter the apartment. Recently, this has also been possible - changes in legislation that came into force in the fall of 2020 allow this to be done if the supplier’s representatives were unable to get into the apartment during two visits. As a result, due to the lack of neighbors, problems will arise for all residents of the entrance.

Considering that inspections must occur at least once a year, this reason for shutdown may become widespread. In the meantime, the most common reasons remain debts, accidents and lack of contracts.

Termination of gas supply due to lack of a service agreement

According to Decree No. 410, for the safe use of natural gas, each subscriber is required to conclude an agreement with a specialized organization for the maintenance of gas equipment.

An agreement can also be concluded by the management company of an apartment building based on the minutes of the general meeting of residents. In this case, the owner of each apartment does not have to sign the agreement.

Find out more about the features of the agreement in the publication “Agreement for servicing gas equipment.”

The law allows sanctions to be imposed on owners for the absence of an agreement. At first, this may be a fine of 1.5 thousand rubles. According to paragraphs. b) clause 80 of the Rules, approved. Government Decree No. 410 allows gas to be turned off.

Representatives of the supplier do not do this right away - serious information work is carried out with subscribers:

  • home visit;
  • door-to-door tour;
  • warning to residents;
  • offer to sign an agreement on the spot.

If after this the agreement is not concluded, extreme measures are applied.

Cutting off gas for debts

Debt is one of the most common reasons why gas supplies may be cut off. Whatever utility service we are talking about, arrears in payment will definitely become grounds for disconnection. The only question is the timing of non-payment and the amount of debt.

For more information about the procedure for terminating the provision of utility services, read the article “Disconnection of utility services for non-payment.”

If we are talking about gas, then the question arises with what debt the gas supply company will decide to disconnect.

The answer is found in paragraphs. c) clause 45 of the Rules, approved. Resolution No. 549. According to this document, unilateral termination of gas supply is allowed in case of complete or partial non-payment for consumed gas for two months in a row.

If funds are not received within 60 days, wait for the gas workers. They will turn off and seal the tap, putting a plug in the pipe leading into the apartment.

If it is technically impossible to do this, all residents of the house may be left without gas. There are many known cases when, due to the debts of one or two neighbors, all the inhabitants of an apartment building lost gas.

Please note that these actions of gas workers are illegal. Conscientious payers cannot be deprived of gas for the debts of other subscribers.

Gas shutdown in case of emergency

An emergency situation threatens the life and health of residents, therefore, in the event of a threat of an accident, leakage or accident, in accordance with clause 77 of the Rules, approved. By Decree No. 410, the gas supply company is obliged to immediately stop supplying gas.

This happens in the following cases:

  • disruption of ventilation and chimneys;
  • lack of the required volume of air when using gas equipment;
  • failure of devices designed to automatically turn off gas in the event of a malfunction;
  • use of indoor equipment after detection of unrepaired leaks;
  • use of faulty equipment by residents;
  • unauthorized connection to the gas distribution system.

In such a situation, not only the apartment where the leak occurred, but the entire riser or even the entire house is switched off. The supply is resumed only after the fault has been eliminated.

Details are discussed in the article “Accidents on utility life support systems.”

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