Calculation of payment for heating in a year. Why do we pay for heating all year round? Types of individual heat meters

And repeatedly pointed out the illegality of the application of such a coefficient.

However, the above ruling states:

"Establish that if payment for heating by the population is made
was carried out monthly (in equal shares) during the calendar year, taking into account the standard (0.016 Gcal per 1 sq.m), then the volume of thermal energy
gia supplied during the heating period for heating needs until the day
the entry into force of this resolution, determined taking into account
ratio other than the ratio of the duration of the calendar year in months to the duration of the heating period in months (12/7), is subject to revision taking into account the ratio of 12/7.

The consequences of such "legalization" are not difficult to predict.

Coefficient 12/7, increases the monthly rate of heat energy consumption by 12/7 times from 0.016 Gcal/sq.m. up to 0.027 Gcal/sq.m., i.e. by 59%

While the Rules for calculating the amount of payment for a utility service for heating (approved by Decree of the Government of the Russian Federation of August 27, 2012 N 857) with amendments and additions of September 10, 2013, the calculation method with a coefficient of 7/12 has already been approved:

1. In the event that a public authority of a constituent entity of the Russian Federation makes a decision on the payment by consumers of utility services for heating evenly for all billing months of the calendar year, the amount of payment for the utility service for heating is determined using the coefficient of frequency of payment by consumers of fees for the utility service for heating (hereinafter - coefficient of frequency of payment), determined by dividing the number of months of the heating period in a year by the number of calendar months in a year. In this case, the calculation of payment for the utility service for heating is carried out in each billing period of the calendar year.

2. The calculation of the amount of payment for the utility service for heating is carried out in the following order:

a) the amount of the payment for the utility service for heating in the i-th residential building not equipped with an individual heat energy meter, as well as the amount of the payment for the utility service for heating in the i-th residential building not equipped with an individual or common (apartment) heat energy meter (apartment) or non-residential premises in an apartment building that is not equipped with a collective (common house) heat energy meter is determined by the following formula 1:

The total area of ​​the i-th dwelling (apartment) or non-residential premises;

The standard for the consumption of utilities for heating in a residential area, established in accordance with the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306;

K - coefficient of the frequency of payment, determined in accordance with paragraph 1 of these Rules;

Tariff for thermal energy, established in accordance with the legislation of the Russian Federation;

That is, this is a ratio of 7/12, not 12/7!

While amendments have already been made to the acts of the Government of the Russian Federation on the provision of public services (approved by Decree of the Government of the Russian Federation of April 16, 2013 N 344)

1. In the Rules for establishing and determining the standards for the consumption of utilities, approved by the Decree of the Government of the Russian

Federation dated May 23, 2006 N 306 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 22, Art. 2338; 2012, N 15, Art. 1783):

add paragraph 3.1 with the following content:

3.1. If it is technically possible to install collective (general house) metering devices, the consumption standard for utility services for heating in residential premises is determined by formula 5, taking into account the multiplying factor, which is:

since 2017 - 1.6.

Housing associations of Moscow on the recognition of P, which legalized the multiplying factor 12/7, contrary to the current federal legislation.

The page deals with such an issue as paying for heating in an apartment building: calculating the cost if there is an individual meter in the apartment, how much it costs per square meter, and also how to reduce the heating fee.

Since January 2017, apartment owners who have just started dealing with receipts for heating payments have again been forced to study their contents and know how payment for heating an apartment is calculated.

As wise human experience says, there are invariable phenomena in the world, for example, the change of seasons and the annual increase in housing and communal services tariffs.

Heating bills in an apartment building are no exception.

Problems in the system of payment for heating

Until now, in the housing code there are laws that contradict each other.

The main problems with this are:

1. The calculation of payment for heating in an apartment building is complicated, since the percentage of installation of common house meters in the country is extremely low.
2. For houses with vertical wiring, there are no individual appliances that could be installed on batteries in each apartment.
3. Complicated calculations between the difference that is formed in the readings of heat meters and its calculators, which indicate the actual consumption in kWh.

As a rule, common house devices indicate how much heat, water or electricity a particular house has spent, while individual devices indicate the consumption of all utilities by its residents. It should be borne in mind that IPUs are of different types.

Types of individual heat meters

Ordinary meters cut into the heating system and are equipped with two sensors that record how much heat has been used per kWh. They are effective for horizontal wiring and the allowable rate of heat meters in an apartment building is from 1 or more.

Heat calculators determine how much of it was allocated, taking into account the heating of the radiator and air by two temperature sensors.

Heat distributors, in turn, calculate the heat transfer from the heating batteries. By law, when installing distributors, there must be at least 50% of them per apartment building.

These metering devices give readings exclusively inside heated residential premises, and they are used to pay for heating in the apartment according to meters. At the same time, there are many common areas in an apartment building, which also waste heat and other types of utilities, and someone has to take them into account and pay.

Common property of apartment buildings

In high-rise buildings there are many places that can be attributed to common houses:

• stairwells;
• vestibules;
• hall;
• place for concierge or security;
• corridors;
• space for wheelchairs;
• technical floor or attic and others.

How is heating paid in an apartment building? All this space is either heated from the risers or receives heat from the walls of the apartments, so it is important that the building has a common house meter. Its indicators are distributed in equal parts among all apartments.

In the event that there are no appliances, then heating accounting in an apartment building is calculated according to the average per 1 m2 for all residents. In order to correctly calculate, several indicators must be taken into account.

Read below how the payment for heating in the apartment is calculated.

Calculation of payment without counters

How is the payment for heating in the apartment calculated?

The existing formulas for calculating the cost of heating in an apartment, while taking into account 3 factors, if payment is made without metering devices:

1. Separately, it is calculated how much it took for each m2 of residential premises. For this, tariffs are used, expressed in Gcal/m2 (N), established in the region.
2. Really heated living area (S) excluding cold places, such as balconies and loggias.
3. The cost of the service (T) accepted by local authorities in accordance with the number of rubles per 1 Gcal.

How is the cost of heating in an apartment without meters calculated?

Calculation of payment for heating in the apartment is made according to the formula:

Due to which tenants will see 2 columns in the receipts. One will indicate how much heating costs in an apartment, and the second - common premises. If last year the tariff for heating an apartment corresponded to 1.4, then in 2017 it was 1.6.

Unfortunately, based on Decree 1498 of December 26, 2016, from January 2017, increasing coefficients are added to the new tariff.

This applies to houses in which a special commission has determined that they are suitable for the installation of common house and individual meters.

If, after their decision, the devices were not installed, then the multiplying factor comes into force, according to which the tenants will receive a payment for heating in the apartment by 50% more than according to the tariffs.

Therefore, the calculation of the payment for heating an apartment without IPU and common house meters is carried out taking into account this coefficient. How much does a square meter of heating cost in apartments? For example, in houses in St. Petersburg built in 1980-99, where meters can be installed, but they are not, the cost of 1 Gcal per m2 will be approximately 0.033, while in 2015 it was 0.020. If the result obtained is multiplied by a new coefficient, it turns out that heating has risen in price by 2.4 times.

The new calculation of Gcal for heating in apartment buildings without common house and individual meters applies only to those buildings where a special commission decided that their installation is possible. If there was no such decision or the house cannot be equipped with metering devices, then only the new indicator 1.6 is taken into account.

How payment for heating an apartment in 2017 is calculated in the presence of IPU, read below.

Payment for heating in an apartment building in 2017 with an IPU

In order for payment for individual heating in an apartment building to be carried out by meters, 2 conditions must be met:

1. Metering devices must be installed in all apartments of the house.
2. At the entrance to the building there should be a common house meter.

How do you calculate heating for an apartment?

Thanks to the meter indicators, payment for heating in an apartment building (2017) is calculated using the formula:

P \u003d (Q IPU + Q ODN x S / S at home) x T.

• Q IPU are indicators of individual counters;
• Q ODN - the amount of heat in the whole house, except for residential premises;
• S/S houses - the area of ​​the apartment and the building;
• T is the tariff accepted in the region.

Heat saving

How to reduce the payment for heating in the apartment? The question of how to pay less for heating an apartment is asked by many of their owners. According to statistics, already in 2016, more than 10% of residents were unable to pay the cost of heating in an apartment building in the winter, and for the majority, prohibitive tariffs became a “black hole” in the family budget.

In 2017, these figures may increase significantly.

How to reduce the payment for heating in the apartment? First thing, it is worth investing in the installation of meters, both common and individual.

If the payment is charged by the management company, then the cost of heating the apartment includes all its expenses in case of heat loss, that is, the tenants owe her money even before the heat has come to their homes.

As practice shows, if there are metering devices, the cost of heating, for example, a 3-room apartment, is cheaper for the owners than for those who have a “kopeck piece” without them.

It is worth checking the thermal insulation of the apartment, since if it is violated, the installation of meters will not give visible savings. Especially carefully it is worth examining windows and doors through which the cold most often penetrates into the premises. If it is not possible to replace them, then it is enough to close up the cracks so that the apartment gets warmer.

If the heating system allows, then you can install thermostats on batteries and monitor the amount of heat, reducing it, for example, on warm days or when no one is in the apartment during the day.

When finances allow, you can refuse centralized heating by equipping an autonomous system. The choice of alternative heat sources in the modern energy market is great. It is enough to apply for a refusal and indicate what will be used for heating the home. If the chosen method does not contradict SNiP, then you can proceed with the re-equipment of the apartment.

As a rule, the use of even the simplest of the listed methods can significantly reduce the cost of heating a home.

Thus, we can conclude that from January 2017, in houses that are subject to the installation of heat meters, it is better to have them, otherwise residents will have to overpay 50% more than at the indicated tariffs. Where there are meters, the calculation is carried out according to a simple formula that takes into account their performance, and by taking steps to reduce heat loss, you can save money.

Everyone should know how the payment for heating in an apartment is calculated. This information will help you figure out what is included in the price. At the same time, its formation takes place on the basis of certain documents.

Important Calculations

How is the heating calculated in the apartment? The relevant government decree approves the procedure for settlements and submission of documents. There is a certain procedure for the provision of public services to the owners of apartments and residential buildings. Another resolution approved the rules for providing similar services to all citizens of the Russian Federation.

When faced with the question of how to calculate the heating fee, it is necessary to be guided by the rules adopted initially and later. Although only the latest 2011 version should be used, the transition period is ongoing. Local government authorities at the regional level determine the list of required documents that must be followed.

How to calculate payment for heating according to the rules established by Decree No. 354? The prescribed procedure determines the collection of payments not for the entire year, but only for the heating period. If the place of residence of the subject is the Moscow region, and charges for heat are made only during the period from October to May, then you can safely be guided by the information provided. If the number of months differs, it is necessary to act according to the rules established by Decree No. 307.

Paying only during heating seasons makes the calculation process much easier and more convenient. This is a significant achievement and a plus for residents. In practice, it becomes clear that the heating fee set at a later period for residential premises is slightly higher than the amount accepted earlier. This is due to the fact that payments were divided over all 12 months. In most cases, this leads to inconvenience.

How is the amount of payment for heat in apartments calculated? The calculation algorithm is influenced by a number of factors. Among them are:

• the presence in residential premises (apartment buildings) of one meter;
• availability of heat meters in each apartment and non-residential premises;
• the presence of distributors (they must be in half of the non-residential and residential premises of an apartment building).

Calculation formula

According to the rules, if heat is metered using a common house appliance, it will be possible to calculate the fee based on the established parameters. The standard for the consumption of thermal energy for heating can vary in each specific region of the country. It determines the number of gigacalories that are needed to heat the area within 30 calendar days.

The heating tariff is approved individually for each region by local authorities. We are talking about the cost of 1 Gcal for heating. An important parameter is the area of ​​\u200b\u200bliving premises. It should be taken into account that the heated area of ​​the room does not include a balcony or loggia.

1. heating standard.
2. The total area of ​​a residential or non-residential type of premises.
3. A certain cost of consumed energy (thermal).

If you understand the calculation formula in more detail, then you need to multiply the number of gigacalories for heating a room by the price of 1 hl, and then multiply by the area of ​​\u200b\u200bthe apartment.

Calculation under other conditions

To calculate the payment for energy in the absence of meters in an apartment building, but in the presence of a common house appliance, you must follow the calculation procedure below. The payment according to the described procedure is charged exclusively in those houses where there are no meters in absolutely all apartments and non-residential premises.

The formula used involves first calculating the ratio of the total area of ​​an individual dwelling to the total area of ​​dwellings. Further, the obtained value must be multiplied by the cost of thermal energy and by the number of gigacalories that were consumed during the estimated period of time. The amount of energy expended is determined based on the readings of a common house appliance.

If not all apartments are equipped with meters, but, for example, only 95%, the above algorithm can be used for the calculation.

The payment for heat according to it in a simplified version is carried out using the total amount of heat energy used in the house. The share of each apartment must be calculated. The resulting amount of heat consumed must be multiplied by the current tariff suitable for a particular region.

Counters of various types

The calculation of the heating fee has some peculiarities if a common meter and separate meters are installed in a multi-storey building to measure the amount of heat in all apartments (this applies not only to residential premises). The main thing is to clarify the availability of accounting devices in all apartments.

In this case, the formula includes the following indicators. They take the amount of heat used in a particular facility (applies to residential and non-residential premises). It is determined on the basis of indicators taken from individual or general meters related to the apartment meter. Determine the amount of a communal resource, thanks to which the general needs of the house are satisfied. At the same time, they are equipped with collective devices that allow you to accurately take into account the expended thermal energy.

The total area of ​​the house is taken into account, in which many apartments are concentrated, related to residential or non-residential real estate, as well as the total area in a separate individual object located in this multi-apartment building. Be sure to take into account the cost of heat for each region.

The payment can be made if the following calculations are made: the area of ​​the apartment is divided by the area of ​​the house and multiplied by the amount of energy provided for the total needs of the entire building with apartments. Then add up with the amount of energy consumed in the first room. In the last step, you need to multiply the resulting figure by the active tariff.

The essence of this payment option lies in the fact that the amount of heat consumed by the residents of one apartment is increased by a part of the heat spent within the general needs of the house.

If the final number exceeds the amount pre-paid, it will be credited towards the payment that the person plans to make. If you get a smaller value, you will need to pay extra. The action is based on corrective mechanisms.

With distributors

What to do if distributors are installed? These are sensors that are installed on batteries from the outside. They take into account the amount of heat given off by the batteries to the external environment. This device is similar to a counter, but it functions differently.

If you follow the rules for the provision of communal services, you need to take into account that government decree No. 354 has a certain norm. Accounting for housing and communal services determines the use of distributor readings in the calculation process.

A multi-storey building must have a common house accounting device designed for collective purposes. It is important that the distributors be installed in such a number of apartments, which together make up more than half of all residential and non-residential premises.

If these requirements are met during the year, 1 time (if the residents decide, then more often) payment for heat energy based on switchgears will be adjusted taking into account the readings of the sensors.

Calculation formulas contain indicators:

1. The payment for heating in a certain room equipped with a sensor for the time period subject to adjustment.
2. The number of apartments and non-residential premises in one multi-apartment building, which are equipped with special measuring devices.
3. The total number of distributors that are in one room of a residential property.
4. The part of the consumed service relating to heat energy, which is accounted for by an individual distributor. This share is taken into account in the amount of heat consumed in each room equipped with sensors.

Early ruling

According to document No. 307, the payment rules are subject to the availability of energy measuring devices in a building with many apartments. Settlement manipulations are reduced to charging fees throughout the year.

The amount that tenants pay for their energy consumption is subject to change.

The monthly amount for heating in rooms of different types in multi-apartment buildings with distributors is calculated according to a similar formula that is used for apartments with meters. It is enough to multiply the total area of ​​​​a residential facility by the amount of heat energy consumed for the previous period (year). The resulting figure is multiplied by the tariff.

The amount of payment is adjusted every year according to a certain formula. It takes into account the amount of payment for heat, which is taken from the metering equipment common to the building. A fee is taken into account according to the standard value in apartments that do not have a sensor. You need to know other indicators noted in the rules. For example, this is the proportion of payment amounts related to a particular measuring device.

Each person should not have any difficulties in the process of calculations. It is necessary to constantly monitor ongoing changes in the law in order to take into account tariff increases and other criteria.

If you have any difficulties, you can contact the appropriate authorized service at the place of residence.

In accordance with Art. 153 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), citizens and organizations are required to timely and fully pay for housing and utilities. The obligation to pay for the residential premises and utilities arises from the owner of the residential premises from the moment the right of ownership to the residential premises arises.

This norm in the Housing Code of the Russian Federation was originally and has not undergone much change since the introduction of the Housing Code of the Russian Federation. Every owner or tenant of premises in an apartment building is aware of the obligation to pay for housing and communal services.

Payment for heating in apartment buildings is perhaps the largest expense item for owners of MKD premises. Tariffs for a communal resource of thermal energy are established by a regulatory legal act of a constituent entity of the Federation.

It is well known that almost all resource supplying organizations (RSOs) in our country are monopolists and successfully lobby their interests, both at the level of the legislature when adopting laws and by-laws, and at the level of application and interpretation of already adopted laws.

If you look at the procedure for setting tariffs for utilities established by the federal legislator, then the tariff includes almost all possible costs of the RSO for the production, transportation and sale of a particular utility service.

It is not surprising that owners often try in one way or another to reduce their expenses for maintaining the premises in the MKD and payments for utilities.

One of these ways to reduce the financial burden, the owners choose to dismantle the heating radiators in the premises of the MKD in order not to pay for the utilities for heating. How legal this is, you have to figure it out in the future in the courts, which often make opposite decisions.

In accordance with Article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), under an energy supply agreement, the energy supply organization undertakes to supply energy to the subscriber through the connected network, and the subscriber undertakes to pay for the received energy. Payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties (Article 544 of the Civil Code of the Russian Federation).

According to paragraph 9 of Article 2 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” (hereinafter referred to as the Law on Heat Supply), a consumer of thermal energy is a person who purchases thermal energy (capacity), a heat carrier for use on his own ownership or other legal basis of heat-consuming installations, or for the provision of public services in terms of hot water supply and heating

Order of the Ministry of Energy of the Russian Federation dated March 24, 2003 No. 115 (hereinafter referred to as Order 115) approved the Rules for the Technical Operation of Thermal Power Plants, according to which the heat supply system is understood as a set of interconnected heat sources, heat networks and heat consumption systems. A heat-consuming installation is a thermal installation or a set of devices designed to use heat and coolant for the needs of heating, ventilation, air conditioning, hot water supply and technological needs.

In accordance with paragraph 4 of Article 2 of the Law on Heat Supply, a heat-consuming installation is understood as a device intended for the use of thermal energy, a heat carrier for the needs of a consumer of thermal energy.

According to subparagraph "e" of paragraph 4 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as Rules 354), heating is supplied through centralized heat supply networks and in-house engineering heating systems of thermal energy, ensuring the maintenance in a residential building, in residential and non-residential premises in an apartment building, in premises that are part of the common property in an apartment building, the air temperature specified in paragraph 15 of Appendix No. 1 to Rules 354.

Thus, based on the literal interpretation of the above norms of the law, the provision of public heating services does not depend on the presence or absence of heating radiators in an apartment building. The main thing is that in all the premises of the MKD a certain temperature level is maintained by means of common house engineering equipment that provides the provision of utility heating services.

However, many courts think differently and the motley case law on this issue confirms this. In principle, over the past 10-15 years of our judicial system, we have already begun to get used to it.

Resolution of the Seventh Arbitration Court of Appeal dated June 21, 2018 in case No. А02-1288/2017:

«… When considering the claim for recovery from the owner of the debt for payment of thermal energy supplied to non-residential premises through which the pipeline of the heating or hot water supply system passes, both the belonging, functional purpose, condition of the latter (common house property, transit networks, insulation) and the presence ( absence) in non-residential premises of heating devices (radiators), compliance of temperature with standard indicators.

... The Court of Appeal cannot agree with the defendant's arguments that heat losses in the heating system of the common property of the owners located in the basement floor of the MKD are included in the tariff of the resource supplying organization on the following grounds.

Heat losses in pipelines and heating mains of the resource supplying organization are included only on those pipelines and heating mains that are owned by the resource supplying organization and are on their balance sheet. In accordance with Contract No. 318 for heat supply and hot water supply dated July 01, 2015 between OJSC Gorno-Altaiskoye Housing and Public Utilities and LLC Management Company Doverie Plus, an appendix to the contract, the boundary of operational responsibility, the outer side of the foundation of MKD No. 14/1 on the street. p. Sukhova.

Refusal from centralized heat supply and transition to autonomous heat supply is possible only for an apartment building as a whole, if there is an appropriate decision of the general meeting of owners and a project for the reconstruction of internal engineering systems, and not its individual premises .

By the decision of the Supreme Court of the Russian Federation of January 14, 2014 No. AKPI 13-1157 and of 07.05.2015 No. AKPI 15-198, it is indicated that the payment for heating is paid by all owners of premises (including those who switched to autonomous individual heating) in proportion to the area of ​​​​the room, based on the standard for heating or the readings of a common house meter. There is no other procedure for calculating payment for heating, including for premises that have switched to individual heating.

CJSC "SU-3" did not provide other evidence of alternative heating of non-residential premises of the project agreed in accordance with the legislation for other heating of non-residential premises of the basement.

In the case materials, the defendant, in violation of Article 65 of the Arbitration Procedure Code of the Russian Federation, did not provide evidence indicating that during the disputed period the defendant, as the owner of the premises, did not use the services of the plaintiff, or evidence of independent incurring the costs of paying for energy, as well as no evidence of the provision by service persons .

In view of the foregoing, since the fact of the defendant’s untimely fulfillment of obligations to pay for heating was established by the case materials and the defendant was not refuted by relevant and admissible evidence in violation of Article 65 of the Arbitration Procedure Code of the Russian Federation, the court of first instance had no grounds to exclude the amount charged for the supply of heat energy from the claims.

The conclusions of the courts on the legality of charging heating in the absence of radiators are contained in the following judicial acts:

Decree 13 of the AAC of October 23, 2017 No. 13AP-17530/2017, 13AP-17532/2017 in case No. A42-9131/2016

Decree of the Arbitration Court of the Volga District dated September 12, 2017 No. F06-24686/2017 in case No. A12-48753/2016

Opposite conclusions are also contained in the following judicial acts, which are the majority.

Decree of the AC of the West Siberian District 003/06/2018 in case No. А44-9051/2016:

“…At the same time, the court came to the conclusion that in this case the entrepreneur has no obligation to pay the cost of the heat energy attributable to his share for heating.

The right of the utility service provider to collect payment for heating non-residential premises in an apartment building arises as a result of the supply of thermal energy to these premises through centralized heating networks in the amount necessary to ensure the standard temperature in the premises.

According to paragraph 4.5 of Appendix No. B of the Code of Rules for the Design and Construction of SP 23-101-2004, a heated basement means a basement in which heating devices are provided to maintain the set temperature.

The court found that through the premises of the defendant pass common house heating networks, namely the common main pipe and heating risers; there are no heating radiators in the room; heating pipes laid through the room are thermally insulated.

According to the expert opinion, made by court ruling on the appointment of a forensic examination, central heating pipelines and risers were laid along the perimeter of the walls of the building within the investigated non-residential premises, however, the elements of the heating system are thermally insulated with foamed rubber pipes, there are no heating appliances in the non-residential premises, heating devices are not connected.

An expert on the fact of studying the project documentation of an apartment building found that the house was originally designed with a built-in and attached store for manufactured goods with a basement and, according to the adjustment of the project documentation made in 2006, the construction object was a 5-storey residential building with a technical underground, and the design documentation completed in 2010 year, it is planned to redevelop the existing premises of the basement of the house for technical premises, in connection with which it was envisaged to install water central heating from the existing heating network, as well as to install heating radiators connected to the heat supply network.

At the same time, the expert pointed out that the design solutions for the built-in premises under the section "Heating and ventilation" were not implemented, and the fact that metal main pipes can be used as heating devices was not confirmed during the study; the thermal insulation of the pipes is of high quality, the walls in which the heating system is located in the respondent's room are made of plasterboard; work on the installation of heating devices (heating radiators) and laying of air ducts, originally provided for by the design documentation, has not been carried out, as well as the reconstruction of the heating system.

The heating system of the residential building is in a satisfactory condition, and taking into account the thermal insulation of the pipes, as well as the work actually done in the room to insulate the walls, it is not able to have a noticeable effect on the parameters of the microclimate of the room. There is no evidence to the contrary in the case.”

Determination of the Armed Forces of the Russian Federation of August 30, 2016 No. 71-KG16-12:

“... The absence in a non-residential premises located in the basement of an MKD of its own heating system, heat-consuming installations, heat-receiving devices (radiators), the fact that a heat pipeline passes through a non-residential premises does not indicate that there are grounds for charging the owner or other owner of such premises for heating, actually representing the technological consumption (losses) of thermal energy in the networks.

Similar conclusions are also contained in the following decisions of the courts:

Decision of the Arbitration Court of the North-Western District of June 19, 2018 in case No. А05-9771/2016

Decree of the Arbitration Court of the Volga District dated January 19, 2018 in case No. А12-11059/2017

Decision of the Arbitration Court of the North-Western District of April 27, 2018 in case No. А05-4636/2017

Thus, the courts refuse to collect payments for a heating utility service if the design documentation does not provide for a heating system in the room, and the main pipes are insulated in accordance with the project.

And positive court decisions on the collection of payments are made in the event of an independent, uncoordinated dismantling of heating radiators by the owner or in the case when the premises are heated by uninsulated main pipes located in the premises.

But these conclusions and the court decisions confirming them do not at all guarantee that in your case a decision will be made similar to those given. As you know, we don’t have case law in Russia, and what conclusions the court will lead to by its “inner conviction” - only God knows, well, the court itself ...

Determining the cost of heating and calculating the amount of payment for a room in which there are two or more apartments is a rather complicated process and requires special knowledge. There have also been changes in the settlement procedure that began to operate in 2017.

The main document that guides organizations that charge and calculate the amount of payment for heating is Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of utilities to owners and users of premises in apartment buildings and residential buildings”. In accordance with this document, there are 2 ways for consumers to pay for heating services:

1. Equal amounts throughout the calendar year (Further - Method No. 1);
2. Accrual for actual heat consumption only in the heating period. And in the summer and outside the heating period - the service is not charged (Further Method No. 2).

The choice of payment method is made by the local Administration of the city or district.

If Method No. 2 is chosen in the municipality, consumers must be recalculated at the beginning of the next year after the year in which the accrual option was changed.

How is the amount of payment for heating calculated in the absence of a common house heat energy meter?

Installation of a heat meter on the inlet heat pipeline in residential buildings is mandatory.

Only for houses that belong to a dilapidated / emergency fund, as well as houses whose heat supply load does not exceed 0.2 Gcal / h, an exception can be made. This requirement is established by Federal Law No. 261-FZ of November 23, 2009 “On Energy Saving and Energy Efficiency Improvement and on Amendments to Certain Legislative Acts of the Russian Federation”.

In multi-apartment residential buildings where a general house heat meter is not installed (it is technically impossible to install it), as well as in apartments, rooms or non-residential premises individual heat meters are not installed, the calculation of the amount of payment for heating for a particular room using Method No. 1 (calculations for heat are carried out evenly in during the year) is carried out in the following order:

The fee is determined based on heating regulations per 1 m2 of area (the sizes of the indicators of the standards are accepted by the tariff committee or the local administration for each region) divided by periodicity(12 months) and multiplied by the tariff and area of ​​the premises.

With Method No. 2 (calculations for heat are carried out only in the heating period) periodicity is not taken into account.

In multi-apartment residential buildings, where it is technically determined that there is a place and a room for the installation and normal functioning of a common house heat meter, and for which such installation is mandatory, an increasing coefficient is additionally applied to the above calculations, increasing the standard calculation in 2016 by 1.4 , and since the beginning of 2017 by 1.5.

In other words, the legislation motivates the owners of premises in an apartment building to install common house heat meters and make calculations using them.

Otherwise, sanctions in the form of increasing coefficients to the standards will be applied.

How is the amount of payment for heating calculated if there are common house heat meters in the house

As a rule, general house heat meters are installed and maintained by management companies, an association of homeowners of an apartment building, or any specialized organization at the discretion of the owners of apartments or other premises of the house.

The organization hired to perform maintenance work on the meter is obliged to take readings from the heat meter on a monthly basis. Then they are transferred to the heat supply organization.

At Method number 2(calculations for heat are carried out only in the heating period) calculation of the amount of payment for heat supply to the premises produced as follows:

for method number 2: the ratio of the share of the area of ​​\u200b\u200bthis room from the total quadrature of the whole house (the ratio of S of the premises to the total S of all occupied premises) multiplies on the amount of heat consumed per month and per tariff for heat energy.

With Method No. 1, the amount charged for heat supply during the calendar year is the same.

for method No. 1: the amount of the heating fee is determined in the following way: the area of ​​​​the room is multiplied by the average heat consumption per unit area (1 m2) and by the corresponding tariff.

The average consumption per 1 m2 is calculated based on the total annual consumption of the common house meter for the past year divided by the total area of ​​​​all rooms in the house.

In the absence of actual data for the previous year, the approved standard for thermal energy is used.

At the same time, annually in the first quarter of the year following the reporting one, an adjustment is made: the difference between the amount accrued for the year (according to the data of the previous year) and the actually consumed thermal energy is additionally charged or compensated.

How is the payment for heating calculated if common house and individual heat meters are installed?

Individual heat metering devices (IPU) in our country are rarely installed in apartments and non-residential premises.

The reason is the peculiarity of in-house heating systems with vertical risers, from which heating devices are connected, which was mainly designed in residential buildings until recently. We wrote about when it is possible to install an individual heat meter in an apartment.

Usually, the installation of individual heat meters is carried out at the entrance to the heating pipeline, in this case the heating devices are connected in series to the horizontal wiring. And the return line runs parallel to the supply line and returns to the input point creating a “loop”.

If there are individual metering devices in all occupied premises of an MKD (apartment building) at Method No. 2 (calculations for heat are carried out only in the heating period), the charge for heating for any room is determined by:

For method No. 2, in the presence of individual metering devices in all rooms: as the difference between the readings according to the IPU (individual heat metering device in the room) and the share of ODN per room (common house heating needs) multiplied by the tariff.

The share of ODN is determined based on the difference in the readings of a common house meter (heat consumption consumed by the building) and the sum of the readings of all IPU multiplied by the ratio of the area of ​​\u200b\u200bthe room divided by the total area of ​​\u200b\u200ball rooms in the house.

With Method No. 1, calculations are carried out similarly to the method with Method No. 1 in the presence of a common house meter and no IPU, only the total consumption of the heat meter in the room and the ODN for the entire heating period divided by 12 months is taken as a monthly expense.

If your apartment has cold batteries, then we wrote what to do in this case and where to complain.

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