ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 25, 2021 No. 1017

About introduction of amendments to some acts of the Government of the Russian Federation regarding enhancement of procedure for change of the amount of payment for the utilities provided with violation of the established requirements

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to the Rules of provision of utilities to owners and users of rooms in apartment houses and 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; 2019, No. 30, Art. 4300; 2020, No. 27, Art. 4236).

2. Item 536 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" are not applied (Russian Federation Code, 2021, No. 2, Art. 471), to exclude.

Approved by the Order of the Government of the Russian Federation of June 25, 2021 No. 1017

Changes which are made to Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses

1. Item 31 (to add 1) with the subitem "i" of the following content:

"i) compensate to the resource supplying organization providing utilities to owners and users of rooms in the apartment house within 10 working days from the date of obtaining from it the relevant requirement the expenses which are actually suffered by the resource supplying organization owing to change of the amount of payment for utilities because of provision of utilities with the breaks exceeding the established duration and (or) with quality violation.

Such compensation is made if provision of utilities with the breaks exceeding the established duration and (or) with violation of quality is caused by improper execution of obligations on content and repair of common property in the apartment house by person exercising control of the apartment house that is established by the inspection statement of the fact of provision of utilities of inadequate quality and (or) with the breaks exceeding the established duration constituted according to these rules, on condition of lack of the fixed violations of quality of utility resources and (or) breaks of delivery of utility resources from the resource supplying organization to borders of common property in the apartment house and borders of external networks of engineering facilities of the specified house.".

2. State Item 103 in the following edition:

"103. By provision of utilities with the breaks exceeding the established duration and (or) with quality violation by the contractor provided by part 5 of article 157 of the Housing code of the Russian Federation change of the amount of payment for utilities according to the procedure, established by these rules, except as specified, specified in the paragraph the second this Item is performed.

Under direct management of the apartment house of owners of rooms in this house if the violation of quality of utility and (or) breaks in provision of utilities exceeding their established duration arose in intra house engineering systems, then the resource supplying organization, being the contractor, change of the amount of payment for utility is not made, at the same time consumers have the right to require compensation of the losses caused to them including caused by introduction of payment for not provided utility or utility of inadequate quality from persons involved by owners of rooms in the apartment house for servicing of intra house engineering systems.".

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