Installation of metering devices in residential premises. At whose expense are the meters installed? How to commission and seal an individual meter Installation of individual metering devices in an apartment law

Before July 1, high-rise buildings had to have installed common building metering devices, since from that day onwards - according to Federal Law No. 261-FZ “On Energy Saving” - payments for energy resources are carried out on the basis of data from meters. After July 1, the law allows energy workers to install metering devices on our homes forcibly. However, the same law has exceptions and nuances that you need to be aware of.
Owners of residential premises located in apartment buildings are required to install common building meters for consumed energy resources before July 1, 2012. Organizations supplying water, natural gas, heat and electricity (provided that their networks are directly connected to the networks apartment building), are required to carry out activities related to the installation, replacement and operation of metering devices. The specified resource supply organizations (RSO) do not have the right to refuse to persons who apply to them to enter into an agreement regulating the conditions for the installation, replacement and (or) operation of metering devices. The price of such a contract is determined by agreement of the parties. The procedure for conclusion and essential conditions such an agreement was approved by the 149th order of the Ministry of Energy of the Russian Federation dated April 7, 2010.
The responsibility for installing energy metering devices is assigned to the owners of premises by Federal Law dated January 23, 2009 No. 261-FZ. Until July 1, 2012, owners are required to ensure the installation of water, heat, electrical energy(and for natural gas - until January 1, 2015).
From January 1, 2012, all multi-apartment residential buildings put into operation and, including those being reconstructed, must also be equipped with individual heat meters in each apartment. Since the adoption of Law 261, the commissioning of buildings, structures, structures without equipping them with energy and water metering devices is not allowed.
Who should pay for the installation of metering devices?
The law obliges owners of buildings, structures, structures, residential, country or garden houses, premises in apartment buildings to bear the costs of installing metering devices. If the owner is not able to immediately pay for the meter and its installation, the energy supplier organization is obliged to provide installment payments for a period of up to 5 years. The interest for such a loan is set according to the refinancing rate of the Central Bank of the Russian Federation in effect at the time of concluding the agreement on the installation of metering devices.
By Resolution No. 354 of May 6, 2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings,” the Government of the Russian Federation approved new Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings. Thus, Section III “Bearing by the owners of premises general expenses for maintenance and repair common property» was supplemented with five new paragraphs (clauses 38(1) - 38(5)). The first of them (clause 38(1)) concerns payment for a compulsorily installed communal metering device.
Paragraph 38(1) of the Rules for the maintenance of common property specifies the above provisions of the Law “On Energy Saving”. In particular, the owners of premises are obliged to pay the costs of installing a collective metering device on the basis of an invoice issued by the RSO, if the corresponding amounts were not taken into account as part of the fee for the maintenance and repair of residential premises and (or) as part of the mandatory payments and (or) contributions established for HOA members.
Moreover, the RSO must indicate in the invoice for each owner both the total amount of expenses for installing the metering device and the share proportional to the share in the right common property on common property, which must be paid by this owner.
In addition, clause 38(1) of the Rules for the Maintenance of Common Property provides for the opportunity to challenge the amount of expenses of the RSO, first by contacting the RSO directly, and then appeal the invoice in court.
Do owners need
premises of an apartment building to hold a general meeting to make a decision on the installation of metering devices?
Before starting to organize heat metering in a house, a collective decision of the owners, adopted by a majority of votes at a general meeting, is necessary. Since the future metering center will become common property, payment for equipment and work will be distributed entirely among all apartment owners.
The task of the management company or HOA board, housing cooperatives - to convey information to the owners that the installation of metering devices is necessary in accordance with the law “On Energy Saving” and refusal to install threatens with compulsory measures to install metering devices on the part of the energy supplying organization and litigation in court. Management company or HOA board,
Housing cooperatives must offer owners options: a list of companies with which it is possible to conclude an agreement for the installation of metering devices, and their proposals on the cost of work and the quality of the proposed equipment.
According to paragraphs. “c” of clause 31 of the new Rules, the utility service provider is obliged to obey the decision of the general meeting of premises owners to install a collective metering device (provided that the costs of its acquisition and installation are included in the fee for maintenance and repairs).
What responsibility do owners bear for refusing to install metering devices?
If, before July 1, 2012 and before January 1, 2015 (see above), in response to proposals for installing meters from the energy supplier, the consumer does not install a meter, then the energy supplying organization has the right to force it to be installed and recover all installation costs from the consumer in court plus legal costs.
According to paragraph 12 of Art. 13 of the Law “On Energy Saving”, the owners of premises must not only ensure the admission of RSO to the installation sites of meters, but also pay the expenses incurred by them. The same norm stipulates that in the event of a refusal to voluntarily reimburse the costs of the RSO for the installation of metering devices, the owners of the premises are also obliged to pay their costs associated with the need for forced collection.
Who monitors compliance with obligations regarding the installation of energy metering devices?
Monitoring compliance with these duties is carried out by the Federal Antimonopoly Service (FAS) and federal Service for environmental, technological and nuclear supervision (Rostechnadzor) and their territorial bodies in the constituent entities of the Russian Federation.
Are there any exceptions to the requirements for installing metering devices?
Yes, I have. Federal Law No. 261-FZ also specifies cases when common house metering devices are not installed:
- dilapidated, emergency facilities, facilities subject to demolition or major renovation until January 1, 2013;
- objects whose power consumption of electrical energy is less than five kilowatts (in relation to the organization of accounting for the electrical energy used);
- the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour (in relation to the organization of accounting for the thermal energy used).
Among other things, changes in the current federal legislation provide an opportunity not to install meters for homeowners where there are no technical capabilities for these purposes.

Good afternoon.

It should be added that in accordance with the Decree of the Government of the Russian Federation dated 05/06/2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”:

In the absence of an individual or common (apartment) cold water meter, hot water, electric energy and gas, the amount of payment for utility services for cold water supply, hot water supply, electricity supply, gas supply provided to the consumer in a residential area is determined in accordance with formulas 4 and 5 of Appendix No. 2 to these Rules based on the utility service consumption standards (clause 42).

Those. calculation is carried out depending on the number of people living in the premises, standard for each person and tariff.

Clause 55 of the Resolution:

In the absence of an individual or general (apartment) metering device for cold water, electrical energy, gas and thermal energy used to heat cold water, the volume of consumption of such utility resources is determined based on the standards for the consumption of utility services established for consumers living in residential premises in the absence of centralized hot water supply.

56. If a residential premises that is not equipped with an individual and (or) common (apartment) metering device for hot water, and (or) cold water, and (or) electrical energy is used by temporarily residing consumers, then the amount of payment for the corresponding type of utility service, provided in such a residential premises, is calculated in accordance with these Rules based on the number of consumers permanently residing and temporarily residing in the residential premises. Moreover, for the purpose of calculating fees for the corresponding type of utility service, a consumer is considered to be temporarily residing in a residential premises if he actually resides in this residential premises for more than 5 days in a row.

56(1). If the residential premises are not equipped with an individual or common (apartment) metering device for cold water, hot water, electricity and gas, and the contractor has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of residence, the executor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises. The specified act is signed by the executor and the consumer, and if the consumer refuses to sign the act - by the executor and at least 2 consumers and the chairman of the board of an apartment building in which a partnership or cooperative has not been created, the chairman of the partnership or cooperative, if the management apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has concluded a management agreement with the management organization.

Sincerely, Alexander Guguchkin.

06.03.2013 13:15:38 Category: Utilities

All metering devices can be divided into 2 groups: individual and communal (collective). Individual metering devices are devices that take into account your personal consumption of utility resources. House-wide (collective) appliances take into account the consumption of the communal resource of the entire house, which includes the consumption of all its residents, plus consumption for general house needs ().

Timing for installation of metering devices for residential buildings

In accordance with paragraph 5, 5.1 of Article 13 Federal Law"On energy saving and increasing energy efficiency and introducing changes to certain legislative acts Russian Federation" , owners of residential buildings are required to install metering devices before the deadlines below.

1. Individual metering devices

V. Thermal energy- indefined

Who is required to install and pay for residential metering devices?

In accordance with clause 9 of Article 13 of the Federal Law "On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation" No. 261-FZ of November 23, 2009, from July 1, 2010, resource supply organizations do not have the right to refuse persons who contacted them when concluding an agreement. The price of such an agreement is determined by agreement of the parties, and payment is made in equal installments over a period of five years from the date of its conclusion (in this case, the price of the agreement increases by the amount of interest for installments, but not more than the refinancing rate of the Central Bank of the Russian Federation), except if the consumer has expressed his intention to pay price at a time or with a shorter installment period.

1. Individual metering devices

1. Common house (collective) metering devices

In accordance with clause 1 of article 39, clause 1 of article 158, the owner of a residential premises is obliged to bear the costs of maintaining the common property of an apartment building. Thus, the owners are also required to purchase and install (put into operation) a common house (collective) metering device. At the same time, in accordance with paragraph 16 of the Decree of the Government of the Russian Federation “On approval of the rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building building of inadequate quality and (or) with interruptions exceeding the established duration", proper maintenance of the common property, depending on the method of managing the apartment building, is ensured by:

a) owners of premises:

· by concluding a management agreement for an apartment building with a management organization - in accordance with clause 5 of Art. 161, 162 of the Housing Code of the Russian Federation;

· by concluding an agreement on the maintenance and repair of common property with persons providing services and (or) performing work (with direct management of an apartment building) - in accordance with Art. 164 Housing Code of the Russian Federation;

b) HOA, housing construction cooperative:

· through membership of premises owners in these organizations - in accordance with sections V and VI of the Housing Code of the Russian Federation;

· by concluding agreements on the maintenance and repair of common property with these organizations by the owners of premises who are not members of these organizations - in accordance with clause 2 of Art. 138 of the Housing Code of the Russian Federation.

Therefore, in this option, the responsibility for installing communal (collective) metering devices is transferred to service organizations (depending on the form of management).

Here are the responsibilities that relate to individual and communal (collective) metering devices.

In accordance with paragraph 7 of Article 12 of Federal Law No. 261-FZ of November 23, 2009, the management company, HOA, service organization is regularly (at least once a year) obliged to develop and bring to the attention of the owners of premises in an apartment building proposals for measures to save energy and improve energy efficiency. The proposals indicate the cost of carrying out these activities, the amount of expected reduction in energy resources used and the payback period for the proposed activities. Thus, management companies, homeowners associations, and service organizations have an obligation to inform the owner apartment buildings about the need to install metering devices, about the cost of these works, about the planned results of these activities.

Until July 1, 2010, resource supply organizations are required to provide owners of residential buildings or organizations representing the interests of owners (management companies, homeowners associations, service organizations) with proposals for equipping residential buildings with meters for energy resources used. That is, all management companies, homeowners' associations, and service organizations must be notified of the need to install metering devices and, in turn, inform the owners of residential premises (Clause 10, Article 13 of Federal Law No. 261-FZ of November 23, 2009).

If, before July 1, 2013, resource supply organizations are required to take steps to equip them with utility metering devices. Owners who have not fulfilled the obligation to equip utility metering devices within the prescribed period must provide organizations with access to the installation sites of metering devices and pay the costs of installing these metering devices. And in case of refusal to pay expenses voluntarily, the owners must also pay the expenses incurred by these organizations in connection with the need for forced collection. It is worth noting that in this case, payment of expenses also occurs in equal installments over five years (in this case, the amount of expenses increases by the amount of interest for the installment plan, but not more than the refinancing rate of the Central Bank of the Russian Federation), except if the owners expressed their intention to pay these expenses in a lump sum or with a shorter installment period (clause 12 of article 13 of Federal Law No. 261-FZ of November 23, 2009).

Responsibility for failure to comply with the requirements for installing metering devices in residential buildings

Responsibility for failure to comply with the requirements for installing metering devices in residential buildings is provided for in Art. 9.16. “Violation of legislation on energy saving and increasing energy efficiency” of the Code of the Russian Federation on Administrative Offences. In accordance with this article, there are three points related to the installation of metering devices in residential buildings:

4. Failure of the “persons” responsible for the maintenance of apartment buildings to comply with the “requirements” for energy efficiency imposed on apartment buildings, the “requirements” for equipping them with metering devices for energy resources used, the requirements for carrying out mandatory “measures” for energy saving and increasing the energy efficiency of common property owners of premises in apartment buildings

5. Failure of persons responsible for the maintenance of apartment buildings to comply with the “requirements” for the development and communication to the owners of premises in apartment buildings of proposals for energy saving measures and increasing energy efficiency in apartment buildings

Involves the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from ten thousand to fifteen thousand rubles; on legal entities- from twenty thousand to thirty thousand rubles.
6. Non-compliance by organizations obliged to carry out activities related to the installation, replacement, operation of metering devices for energy resources used, the supply or transmission of which they carry out, with the “requirements” to provide owners of residential buildings, country houses, garden houses, persons representing their interests, owners of premises in apartment buildings, persons responsible for the maintenance of apartment buildings, proposals for equipping with metering devices for energy resources used, if the provision of these proposals to such persons is mandatory,

Shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for legal entities - from one hundred thousand to one hundred fifty thousand rubles.

Recently, every residential property owner must install a water meter.

According to officials, this is primarily beneficial for the residents themselves, since they can control its consumption based on the capabilities of their budget. The law of the Russian Federation provides for the possibility of free installation of a meter for certain categories of citizens.

Who is eligible to receive this service free of charge? What is the procedure for providing it? What happens if you don't install the device? Who is exempt from the need to use?

Legislative framework of the issue

The issue of installing a water meter is regulated by:

• Decree of the Government of the Russian Federation No. 776, which provides for the procedure and rules for the use of water, including wastewater;
• Federal Law No. 261 on the procedure and rules for installing a cold and hot water consumption meter;
• Government Decree No. 306 on the formation of tariffs for citizens who, for some reason, have not installed a meter.

The list is not exhaustive, since at the regional level the local administration can adopt its own amendments to laws that expand the list of categories of citizens entitled to free installation of water meters, and also modify the very procedure for registering a meter.

Who can use this service from the state

On the territory of the Russian Federation to claim free installation of water meters certain categories of citizens have the right, namely:

In some regions of the country, local laws provide for the possibility of free installation of a water meter for pensioners who retired due to old age.

For example, in the capital, all citizens who have received meters can install meters for free.

In addition, in each region, the local administration can carry out some kind of promotion, when during a certain period of the year the provision of water meters is free for all citizens. A similar event was already held last year in St. Petersburg.

When not to use this device

Water meter may not be installed if the building:

In a situation where a residential building belongs to any of the above categories, it is imperative to contact the management organization to obtain a document that can confirm this fact.

If this cannot be done for some independent reason, you must contact Rospotrebnadzor with a corresponding application. Based on the submitted application, a specialist will be called who will be able to issue an appropriate conclusion.

Registration procedure

Initially, it is worth remembering that the Decree of the Government of the Russian Federation No. 776 of September 2013 “On approval of the procedure and rules for the private use of water, including waste water” clearly states: the introduction of meters into operation for citizens of the Russian Federation must carried out free of charge. In addition, the device itself is sealed free of charge.

Myself design algorithm is as follows:

If the management company is not personally involved in the installation of water meters, it must provide a list of organizations that are ready to provide such a service.

Price

If the property is municipal property, installation is free.

When installed in a privatized apartment, you will need to pay for installation of the device on average from 4 to 7 thousand rubles(depending on the region of residence and the level of complexity of the work).

Many management organizations already have the necessary equipment, but you can also purchase them in person. In any case, you need to be prepared to pay about 2.5 thousand (average price for the device). The price may increase depending on the meter model and manufacturer.

What to do after installation

After the meter has been successfully installed in the apartment, it will be necessary to call an employee of the management company to draw up the appropriate commissioning certificate.

After receiving it in your hands, you will need to conclude payment agreement for consumed water according to meter readings at established tariffs.

Package of documents

To install a water meter needs to be prepared:

To conclude an agreement You must have a certain list of documents with you:

• agreement for the installation of a water meter;
• passport for the device issued by the manufacturer (included in the kit);
• commissioning certificate;
• certificate of conformity.

If necessary, the list can be expanded.

Verification rules

Initially, the verification period is set by the manufacturer.

In such a situation, no one has the legal right to cancel it; if, according to the specifications, the meter wears out and after a certain volume of water passes through it, it begins to give false readings - it must be checked immediately.

IN general procedure verification period is regulated Decree of the Government of the Russian Federation No. 354 of 2011.

However, the provided rules only provide an unsubscribe to the agreement on the provision of public services, which indicates:

• information about the type of counter;
• when it was installed;
• manufacturer's sealing time;
• verification period.

In simple words, verification period based on existing technical conditions.

For today it is provided several varieties determining the verification period:

• time interval. Many meters have a standard time - 4 years must pass between calibrations for hot water and 6 years for cold water;
• or after a time when a certain volume of water passes through the device.

In practice, only the first method is used so far.

Writing an application

When compiling applications for filling meter and its further registration, it must be remembered that it must contain the following information:

Sanctions and fines for lack of water meters

Federal Law No. 261, adopted back in 2009, did not include any sanctions against those citizens who did not install water meters. This situation also developed with subsequent acts concerning the issue of transferring the equipping of utility systems with water consumption meters.

The legislation of the Russian Federation clearly states that citizens who have not installed water consumption meters before 2017 will not be subject to penalties.

However, there is a small nuance: starting from 2015, water tariffs for citizens who have not installed meters are calculated with an inflated coefficient.

According to the Resolution Government of the Russian Federation No. 306“On the approval of rules for calculating utility consumption standards” for 2019, the coefficient is set at 1.5.

It can be used for those categories of citizens in whose apartments it is possible to install a meter, but they have not yet done so.

In addition, the management company was allowed to install a water consumption meter without obtaining the consent of the residents. This possibility is permitted only by court decision.

It is worth noting that this provision is already being disputed by human rights organizations, since the mechanism for providing devices without the consent of residents remains completely unknown. Moreover, if we take into account the high level of corruption among officials, then the forced installation of meters can only significantly worsen financial position ordinary citizens who want to save at least a little on utility bills.

Well, for now there are only two options: install a meter and control your water consumption, or pay inflated tariffs.

About the need to use individual devices Water accounting is described in the following video:

Questions often arise as to at whose expense the installation of metering devices in residential premises. The question is not idle, so we decided to dwell in detail on its explanation. So.

Installation of metering devices – whose responsibility?

In accordance with paragraph 5 of Art. 13 of the Law “On Energy Saving and Improving Energy Efficiency...” until July 1, 2012, owners of residential buildings, with the exception of those specified in Part 6 of this article, owners of premises in apartment buildings put into operation on the day this Federal Law entered into force, are obliged to ensure equipping such houses with metering devices for used water, thermal energy, electrical energy, as well as putting the installed metering devices into operation. In this case, apartment buildings must be equipped with collective (common house) metering devices used water, thermal energy, electrical energy, as well as individual and general (for communal apartment) metering devices used for water and electrical energy.

And in accordance with clause 81 of the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (hereinafter referred to as the Rules), equipping residential or non-residential premises metering devices, commissioning of metering devices, their proper technical operation, safety and timely replacement must be ensured by the owner of residential or non-residential premises.

Hence, installation of metering devices(equipment) is the responsibility of the owner of the apartment building. Equipment means: purchase and installation (installation) at the expense of the owner, regardless of where it is installed: in an apartment or on a landing.

Who is responsible for putting an individual meter into operation?

After the metering devices have been installed, the installed metering device is put into operation by the contractor, including on the basis of an application from the owner of a residential or non-residential premises submitted to the contractor.

In the case of the direct method of managing an apartment building, the provider of the utility service is the resource supplying organization, and in the case of managing an apartment building by a management organization, the input of the metering device is carried out by the management organization.

Commissioning of the metering device- this is the documentation of a metering device as a metering device, based on the readings of which the amount of payment for public utilities.

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.

During the commissioning of the metering device, the following must be checked:

• correspondence of the serial number on the metering device to the number indicated in its passport;
• compliance of the metering device with the technical documentation of the device manufacturer, including the configuration and installation diagram of the metering device;
• presence of signs of the latest verification (with the exception of new metering devices);
• performance of the metering device.

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

Verification of an individual metering device

Metering devices of an approved type and verified in accordance with legal requirements are allowed for use. Russian Federation on ensuring the uniformity of measurements. 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.

According to paragraphs. “d” clause 34 of the Rules, the consumer is obliged to ensure that the collective (common house), individual, common (apartment), room metering devices installed at the consumer’s expense are verified within the time limits established technical documentation to the metering device, having previously informed the contractor about the planned date of removal of the metering device for its verification and the date of installation of the metering device based on the results of its verification, except for cases when the agreement containing provisions on the provision of utility services provides for the obligation of the contractor to carry out Maintenance such metering devices, as well as send the contractor a copy of the verification certificate or other document certifying the results of verification of the metering device, carried out in accordance with the provisions of the legislation of the Russian Federation on ensuring the uniformity of measurements.

The calibration interval is determined by the manufacturer of the individual metering device and is reflected in the operating manual or data sheet attached to the metering device upon purchase.

As established in clause 81 (12) of the Rules, when the calibration interval expires, the metering device is considered to be out of order, and in this case, if the device is not verified or replaced, charges for consumed utilities will occur using current standards.