ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 13, 2019 No. 897

About introduction of amendments to some acts of the Government of the Russian Federation concerning contractual relations between owners of rooms in apartment houses and the resource supplying organizations

The government of the Russian Federation decides:

Approve the enclosed changes which are made to acts of the Government of the Russian Federation concerning contractual relations between owners of rooms in apartment houses and the resource supplying organizations.

Approved by the Order of the Government of the Russian Federation of July 13, 2019 No. 897

Changes which are made to acts of the Government of the Russian Federation concerning contractual relations between owners of rooms in apartment houses and the resource supplying organizations

1. In Rules of provision of utilities to owners and users of rooms in apartment houses and the apartment houses approved by the order of the Government of the Russian Federation of May 6, 2011 No. 354 "About provision of utilities to owners and users of rooms in apartment houses and apartment houses" (The Russian Federation Code, 2011, No. 22, Art. 3168; 2012, No. 36, Art. 4908; 2013, No. 16, Art. 1972; No. 21, Art. 2648; No. 31, Art. 4216; No. 39, Art. 4979; 2014, No. 8, Art. 811; No. 9, Art. 919; No. 14, Art. 1627; No. 52, Art. 7773; 2015, No. 9, Art. 1316; No. 37, Art. 5153; 2016, No. 1, Art. 244; No. 27, Art. 4501; 2017, No. 2, Art. 338; No. 11, Art. 1557; No. 27, Art. 4052; No. 38, Art. 5628; 2018, No. 15, Art. 2113; No. 40, Art. 6122; No. 52, Art. 8297; No. 53, Art. 8660, 8666; 2019, No. 1, Art. 4; No. 21, Art. 2590):

a) in Item 2:

in paragraph six of the word "in one residential or non-residential premise in the apartment house (except for premises in the communal flat), in the apartment house (part of the apartment house) or household" shall be replaced with words "on one residential or non-residential premise in the apartment house (except for premises in the communal flat), on the apartment house (part of the apartment house) or household";

in paragraph eleven of the word "in one premises of the consumer in the communal flat or in several premises" shall be replaced with words "on one premises of the consumer in the communal flat or on several premises";

in the paragraph the fourteenth shall be replaced with words the words "in the communal flat" "on the communal flat";

b) in Item 6:

word in paragraph four "consumer cooperative" shall be replaced with words "specialized consumer cooperative (further - partnership or cooperative)";

add with paragraphs of the following content:

"The management company, partnership or cooperative exercising control of the apartment house provide to the resource supplying organizations starting provision of utility of the corresponding type to owners and users of rooms in the apartment house in the cases provided by subitems "e" and "zh" of Item 17 of these rules, the data, necessary for charge of payment for utilities not later than 5 working days about day of the beginning of provision of utility of the corresponding type by the resource supplying organizations in the specified cases. Such data shall include:

surname, name, middle name (in the presence), birth date and birth place, details of the identity document, contact telephone number and the e-mail address (in the presence) each owner and the user of premises in the apartment house, the name (trade name) and the place of state registration of the legal entity, contact telephone number if owner of premises in the apartment house is the legal entity;

addresses of premises in the apartment house, to owners or users of which utilities, with indication of total area of premises, total area of the rooms which are part of common property in the apartment house and also the number of persons who are constantly living in premises and other data necessary for calculation of payment for utilities according to these rules are provided;

data on availability and type of the individual, general (room), room metering devices and distributors established in premises, date and the place of their installation (putting into operation), terms of checking by manufacturing plant or the organization performing the last checking of the metering device, date of sealing of metering devices based on which indications calculation of payment for utilities, and also their indications is made for 12 settlement periods preceding date of provision of such data;

data on the drawn-up statements of inspection regarding establishment of availability (absence) of technical capability of installation of individual, general (room), room metering devices in premises of the apartment house;

data on application concerning the owner or the user of premises in the apartment house of measures of social support for payment of utilities in accordance with the legislation of the Russian Federation;

data on premises concerning which restriction or suspension of provision of the corresponding utility in the case provided by the subitem "an" of Item 117 of these rules for date of provision of data, and also data on elimination of the bases for introduction of such restriction or suspension is introduced;

data on cases, the periods and the bases of recalculation of the amount of payment for the utilities provided to the consumer, the copy of the documents confirming the consumer's right to recalculation of the amount of payment according to these rules for the last 12 months;

details of the documents confirming the property right to each premises in the apartment house and (or) their copy (in case of their availability).

In case of failure to provide the specified data and (or) provision by management company, the partnership or cooperative exercising control of the apartment house of false information the losses of the resource supplying organization suffered in connection with payment by the resource supplying organization of penalty for unreasonable increase in the amount of payment for utilities, stipulated in Item 155(1) these rules calculated in the absence of the specified data or based on false information are subject to compensation by management company, the partnership or cooperative which is exercising control of the apartment house and did not provide the information and (or) provided false information.

Provision of the specified data is performed at the same time on paper signed by sole executive body of management company, partnership or cooperative and on the electronic medium.

Provision of the specified data does not require the consent of the consumer to transfer of personal data owing to Item 5 of part 1 of article 6 of the Federal law "About Personal Data".";

c) add with Item 6 (1) the following content:

"6(1). The management company, board of partnership or cooperative provides to the resource supplying organizations the information from the register of owners of rooms in the apartment house allowing to identify owners of rooms in this apartment house (surname, name, middle name (in the presence) of the owner of the room in the apartment house, full name and the primary state registration number of the legal entity if owner of the room in the apartment house is the legal entity, number of the room in the apartment house which owner is the physical person or legal entity), and also data on the sizes of the shares in the right of common property to common property of owners of rooms in the apartment house belonging to them in case of change of the specified data no later than 10 working days from the date of such change.

Provision of the specified data is performed at the same time on paper signed by sole executive body of management company, partnership or cooperative and on the electronic medium.";

d) in Item 9:

in the subitem "a":

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