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

According to article 157 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

1. Approve enclosed:

Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses;

changes which are made to orders of the Government of the Russian Federation concerning provision of utilities.

2. Determine that the Rules approved by this resolution:

a) are applied to the relations following from earlier signed agreements containing conditions of provision of utilities regarding the rights and obligations which will arise after entry into force of these Rules;

b) are not applied to the relations which arise by supply of gas for ensuring household needs of citizens and which regulation is performed according to the Rules of supply of gas for ensuring household needs of citizens approved by the order of the Government of the Russian Federation of  July 21, 2008 No. 549;

c) become effective after 2 months from the date of entry into force of changes which are made to Rules of establishment and determination of standard rates of consumption of the utilities specified in paragraph four of the subitem "b" of item 4 of this resolution;

d) in the territories of the Republic of Crimea and Sevastopol are subject to application to the legal relationship which arose after July 1, 2015;

e) are applied in case of determination of the amount of the payment for utilities brought by employers of premises in the hostels entering housing stock of the organizations performing educational activities, taking into account Rules of determination of the amount of the payment for utilities brought by employers of premises in the hostels entering housing stock of the organizations performing educational activities, for employment contracts of premises in the hostel, approved by the order of the Government of the Russian Federation of November 14, 2014 No. 1190 "About Rules of determination of the amount of the payment for utilities brought by employers of premises in the hostels entering housing stock of the organizations performing educational activities for employment contracts of premises in the hostel".

3. Determine that on application of the Rules approved by this resolution the Ministry of Construction and Housing and Communal Services of the Russian Federation gives explanations.

4. To the Ministry of Regional Development of the Russian Federation:

b) in 3-month time:

approve in coordination with Federal Tariff Service approximate form of the payment document for introduction of payment for content and repair of premises and provision of utilities, and also methodical recommendations about its filling;

approve approximate terms of the contract of management of the apartment house in coordination with Federal Antimonopoly Service;

provide in coordination with the Ministry of Economic Development of the Russian Federation and Federal Tariff Service in accordance with the established procedure to the Government of the Russian Federation the draft of the act of modification of the Rules of establishment and determination of standard rates of consumption of utilities approved by the order of the Government of the Russian Federation of May 23, 2006 No. 306, providing including:

exception of amounts of the municipal resources considered in case of determination of standard rates of consumption of utilities in premises, amounts of the municipal resources provided for content of common property of the apartment house, and normative technological losses of municipal resources;

procedure for establishment of standard rates of consumption of utilities for all-house needs;

procedure for establishment of standard rates of consumption of utilities, except for gas supply, when using the parcel of land and outdoor constructions;

c) in 5-month time to approve in coordination with the Ministry of Economic Development of the Russian Federation approximate conditions of the power service agreement directed to saving and (or) increase in efficiency of consumption of utilities when using common property in the apartment house;

d) in 6-month time to approve criteria of availability (absence) of technical capability of installation of individual, general (room), collective (all-brownie) of metering devices, and also form of the act of inspection regarding establishment of availability (absence) of technical capability of installation of such metering devices and procedure for its filling.

5. Recommend to public authorities of subjects of the Russian Federation to approve standard rates of consumption of utilities in premises, standard rates of consumption of utilities for all-house needs, standard rates of consumption of utilities when using the parcel of land and outdoor constructions no later than 2 months from the date of entry into force of changes which are made to Rules of establishment and determination of standard rates of consumption of the utilities specified in paragraph four of the subitem "b" of item 4 of this resolution.

6. Recognize invalid from the date of entry into force of the Rules approved by this resolution:

Item 3 of the order of the Government of the Russian Federation of July 21, 2008 No. 549 "About procedure for supply of gas for ensuring household needs of citizens" (The Russian Federation Code, 2008, No. 30, the Art. 3635);

Item of 5 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of  July 29, 2010 No. 580 "About change and recognition voided some acts of the Government of the Russian Federation" (The Russian Federation Code, 2010, No. 31, the Art. 4273).

7. This resolution is effective till December 31, 2027.

Approved by the Order of the Government of the Russian Federation of May 6, 2011 No. 354

Rules of provision of utilities to owners and users of rooms in apartment houses and apartment houses

I. General provisions

1. These rules govern the relations on provision of utilities to owners and users of rooms in apartment houses, to owners and users of apartment houses, including the relations between contractors and consumers of utilities, establish their rights and obligations, procedure for the conclusion of the agreement containing regulations on provision of utilities, and also procedure for quality control of provision of utilities, procedure for determination of the amount of payment for utilities with use of metering devices and in case of their absence, procedure for recalculation of the amount of payment for separate types of utilities in the period of temporary absence of citizens in the occupied premises, procedure for change of the amount of payment for utilities by provision of utilities of inadequate quality and (or) with the breaks exceeding the established duration determine the bases and procedure for suspension or restriction of provision of utilities,  and also regulate the questions connected with approach of responsibility of contractors and consumers of utilities.

2. The concepts used in these rules mean the following:

"intra house engineering systems" - the engineering communications (networks) which are common property of owners of rooms in the apartment house, the mechanical, electric, sanitary and other equipment intended for giving of municipal resources from centralized networks of engineering facilities to the intra room equipment and also for production and provision by the contractor of utility on heating and (or) hot water supply (in the absence of centralized heat supplies and (or) hot water supply), musoropriyemny cameras, refuse chutes.

In apartment houses intra house engineering systems include located within the parcel of land on which the apartment house, and also the engineering communications (networks) which are in the apartment house, mechanical, electric, sanitary and other equipment with which use consumption of utilities is performed is located;

"the intra room equipment" - the engineering communications (networks) which are in the residential or non-residential premise in the apartment house and not being part of intra house engineering systems of the apartment house, mechanical, electric, sanitary and other equipment with which use consumption of utilities is performed;

"household" - the apartment house (part of the apartment house) and the outdoor constructions adjoining it and (or) separate on general with the apartment house (part of the apartment house) the parcel of land (garage, bath (sauna, the pool), the greenhouse (winter garden), rooms for content of livestock and bird, other objects);

"the individual metering device" - the gage (set of gages and the additional equipment) established 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 if technically possible and used for determination of amounts (quantity) of consumption of municipal resource in each of the specified rooms, the apartment house (part of the apartment house) or household;

"contractor" - the legal entity irrespective of form of business or the individual entrepreneur, the utilities providing to the consumer;

"the collective (all-house) metering device" - the gage (set of gages and the additional equipment) established in the apartment house if technically possible and used for determination of amounts (quantity) of the municipal resource given to the apartment house. For determination of amounts (quantity) of the sewage which is taken away from the apartment house are used the collective (all-house) metering device of sewage, and in case of its absence - collective (all-house) metering devices of cold water and hot water according to the procedure, established by these rules;

"utilities" - implementation of activities of the contractor for giving to consumers of any municipal resource separately or 2 and more of them in any combination to the purpose of providing favorable and safe conditions for use of residential, non-residential premises, common property in the apartment house in the cases established by these rules, and also the parcels of land and apartment houses (households) located on them. To utility the service in the address treats with solid municipal waste;

"municipal resources" - the cold water, hot water, electrical energy, gas, heat energy, the heat carrier in the form of hot water in open systems of heat supply (hot water supply), household gas in cylinders, solid fuel in the presence of oven heating used for provision of utilities and consumed in case of content of common property in the apartment house. Also the sewage which is taken away on centralized networks of engineering facilities is equated to municipal resources;

"the room metering device of electrical energy" - the gage established on one premises of the consumer in the communal flat or on several premises, occupied by the consumer in the communal flat provided that such metering device allows to determine amount (quantity) of consumption of electrical energy totally on several premises occupied by the consumer, and if technically possible used for determination of amounts (quantity) of consumption of electrical energy in specified one premises or in several premises;

"the non-residential premise in the apartment house" - the room in the apartment house specified in project or technical documentation the apartment house or in the electronic passport of the apartment house which is not premises and is not included in structure of common property of owners of rooms in the apartment house irrespective of availability of separate entrance or connection (technological accession) to external networks of engineering facilities, including the built-in and attached rooms. The parts of apartment houses intended for placement of vehicles are equated to non-residential premises in these rules (parking places, underground garages and car parks provided by the project documentation);

"the standard rate of consumption of utility" - the quantitative index of amount of consumption of municipal resource approved in accordance with the established procedure by public authorities of subjects of the Russian Federation and applied to calculation of the amount of payment for utility in the absence of metering devices and in other cases provided by these rules;

"the general (room) metering device" - the gage (set of gages and the additional equipment) established on the communal flat if technically possible and used for determination of amounts (quantity) of consumption of municipal resource in such apartment;

"consumer" - the owner of the room in the apartment house, the apartment house, household, and also the person using on other legal cause by the room in the apartment house, the apartment house, household, consuming utilities;

"distributor" - the device used in the apartment house equipped with the collective (all-house) metering device of heat energy, and allowing to determine the share of amount of consumption of utility on heating falling on the certain residential or non-residential premise in which such devices, in total amount of consumption municipal servants on heating in all residential and non-residential premises in the apartment house in which distributors are established are established;

"the resource supplying organization" - the legal entity irrespective of form of business, and also the individual entrepreneur, performing sale of municipal resources (removal of sewage);

"centralized networks of engineering facilities" set of the pipelines, communications and other constructions intended for giving of municipal resources to intra house engineering systems (removals of sewage from intra house engineering systems);

"extent of improvement of the apartment house or apartment house" the quality characteristic of the apartment house or apartment house determined by availability and structure of the intra house engineering systems providing provision to consumers of utilities of those types which can be provided with use of such intra house engineering systems.

The concepts "premises" and "management company" are used in these rules in the values determined by the Housing code of the Russian Federation.

If other is not stipulated in these rules, the concept "gas" is understood as the gas supplied on centralized networks of gas supply and on intra house engineering gas supply systems.

The concept "the regional operator according to the address with solid municipal waste" is used in these rules in the value determined by the Federal Law "About Production Wastes and Consumption".

The concept "cleaning of shipping places of solid municipal waste" is used in these rules in the value provided by Rules of the address with the solid municipal waste approved by the order of the Government of the Russian Federation of November 12, 2016 No. 1156 "About the address with solid municipal waste and modification of the order of the Government of the Russian Federation of August 25, 2008 No. 641".

"the network organization" - the organization owning on the property right or on other basis established by the Federal Laws electric grid economy objects with which use such organization renders services in transfer of electrical energy and performs in accordance with the established procedure technological connection of power receiving devices (power plants) of legal entities and physical persons to power networks, and also performing the conclusion of service provision agreements on transfer of electrical energy with use of the objects of electric grid economy belonging to other owners and other legal owners and entering single national (all-Russian) power network.

The concepts "the guaranteeing supplier of electrical energy" (further - the guaranteeing supplier) and "intellectual system of accounting of electrical energy (capacity)" are used in these rules in the values determined by the Federal Law "About Power Industry".

2(1). The notifications provided by this resolution are subject to the direction including with use of the state information system of housing and communal services.

II. Conditions of provision of utilities

3. Conditions of provision of utilities to the consumer in the apartment house or in the apartment house (household) is the following:

a) utilities are provided to consumers since the moment established by the housing legislation of the Russian Federation, namely:

from the moment of emergence of the property right to premises - to the owner of premises and persons living with it;

from the moment of provision of premises housing, housing cooperative - to the member housing, housing cooperative and to persons living with it;

from the date of the conclusion of the employment contract - to the employer of premises under such agreement and persons living with it;

from the date of the conclusion of the lease agreement - to the lessee of premises and persons living with it;

from the date of issue to the builder (person providing construction of the apartment house) of permission to input of the apartment house in operation - to the builder (person providing construction of the apartment house) concerning the rooms in the apartment house which are not transferred to them to other persons under the transfer act or other document on transfer;

from the date of issue to the builder (person providing construction of the apartment house) of permission to input of the apartment house in operation, but not earlier than acceptance of the room in this house under the transfer act or other document on transfer, - to person which accepted from the builder (person providing construction of the apartment house) the specified room under the transfer act or other document on transfer;

b) the structure of the utilities provided to the consumer is determined depending on extent of improvement of the apartment house or the apartment house;

c) provision of utilities to the consumer is performed round the clock (utility on heating - round the clock during the heating period), that is is uninterrupted or with the breaks which are not exceeding duration conforming to the quality requirements of utilities given in appendix No. 1;

d) provision of utilities is performed in amounts necessary for the consumer in repartitions of technical capability of intra house engineering systems with which use provision of utilities is performed;

e) quality of the provided utilities conforms to the requirements given in appendix No. 1 to these rules;

e) technical condition of intra house engineering systems and the intra room equipment conforms to the established requirements and is ready for provision of utilities.

4. The following types of utilities can be provided to the consumer:

a) cold water supply, that is supply with the cold drinking water pumped on centralized networks of cold water supply and intra house engineering systems to the apartment house (household), to residential and non-residential premises in the apartment house, and also in the cases established by these rules - to the rooms which are part of common property in the apartment house and also to water folding column in case the apartment house or the apartment house (household) is not equipped with intra house engineering systems of cold water supply;

b) hot water supply, that is hot water service, given on centralized networks of hot water supply and intra house engineering systems to the apartment house (household), to residential and non-residential premises in the apartment house in the cases established by these rules - and also to the rooms which are part of common property in the apartment house. In the absence of centralized hot water supply hot water service of consumers in the apartment house is performed by the contractor by production and provision of utility on hot water supply with use of the intra house engineering systems which are turning on the equipment which is part of common property of owners of rooms in the apartment house (in the presence of such equipment);

c) water disposal, that is removal of sewage from the apartment house (household), from residential and non-residential premises to the apartment house, and also in the cases established by these rules from the rooms which are part of common property in the apartment house - on centralized networks of water disposal and intra house engineering systems;

d) electric utility service, that is electric power supply, given on centralized electric utility power grids and intra house engineering systems to the apartment house (household), to residential and non-residential premises in the apartment house, and also in the cases established by these rules - to the rooms which are part of common property in the apartment house;

e) gas supply, that is supply with the gas supplied on centralized networks of gas supply and intra house engineering systems to the apartment house (household), to residential and non-residential premises in the apartment house to the rooms which are part of common property in the apartment house and also sale of household gas in cylinders;

e) heating, that is giving on centralized networks of heat supply and intra house engineering systems of heating of the heat energy providing maintenance in the apartment house, in residential and non-residential premises in the apartment house, in the rooms which are part of common property in the apartment house, the air temperature specified in Item 15 of appendix No. 1 to these rules and also sale of solid fuel in the presence of oven heating;

g) the address with solid municipal waste, that is transportation, neutralization, burial of the solid municipal waste which are formed in apartment houses and apartment houses.

4.1. Provision of utility according to the address with solid municipal waste is performed according to the Section XV.1 of these rules.

5. If heat energy for needs of heating of rooms moves in intra house engineering systems on centralized networks of engineering facilities, then the contractor begins and finishes the heating period in the terms established by authorized body. The heating period shall begin not later and come to an end not earlier than the day following behind day of the end of the 5-day period during which respectively the average daily temperature of external air is below 8 degrees Celsius or the average daily temperature of external air is above 8 degrees Celsius.

If in the absence of centralized heat supply production and provision by the contractor of utility on heating are performed with use of the equipment which is part of common property of owners of rooms in the apartment house, then conditions of determination of start date and (or) the end of the heating period and (or) start date and (or) the ends of the heating period are established by the decision of owners of rooms in the apartment house or owners of apartment houses. In case of rejection of such decision by owners of rooms in the apartment house or owners of apartment houses the heating period begins and comes to an end in the terms of the beginning and the end of the heating period established by authorized body when giving heat energy for needs of heating of rooms in intra house engineering systems on centralized networks of engineering facilities.

6. Provision of utilities to the consumer is performed based on the paid agreement containing regulations on provision of utilities from among the agreements specified in Items 9 - 12 these rules.

The agreement containing regulations on provision of utilities can be signed with the contractor in writing or by making by the consumer of the actions testimonial of its intention to consume utilities or about the actual consumption of such services (further - implied actions).

Supply of cold water, hot water, heat energy, electrical energy and gas to the non-residential premise in the apartment house, and also removal of sewage are performed based on the agreements of resource provisioning signed in writing is direct with the resource supplying organization.

The management company, and also condominium, housing cooperative, housing cooperative or other specialized consumer cooperative (further - partnership or cooperative) provide to the resource supplying organizations delivering municipal resources to the apartment house, the information about owners of non-residential premises in the apartment house, send notifications to owners of non-residential premises in the apartment house about need of the conclusion of agreements of resource provisioning directly with the resource supplying organizations.

In case of absence at the consumer in the non-residential premise of the written agreement of the resource provisioning providing delivery of municipal resources to the non-residential premise in the apartment house, concluded with the resource supplying organization, the amount of the municipal resources consumed in such non-residential premise is determined by the resource supplying organization by settlement methods, stipulated by the legislation the Russian Federation about water supply and water disposal, electric utility service, heat supply, gas supply for cases of free-lance consumption (unauthorized use).

Provisions of the third and fourth paragraphs of this Item do not extend to persons who are owners of space reserved in the apartment house for parking places.

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, 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;

the data confirming absence in the rooms which are part of common property of owners of rooms in the apartment house, heating devices or other heatconsuming elements of intra house engineering system of heating according to the requirements to reorganization established by the legislation of the Russian Federation, including the copy of the documents which are part of technical documentation and confirming the specified data existing at the time of carrying out such reorganization;

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 on 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 according to Item 5 of part 1 of article 6 of the Federal law "About Personal Data".

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.

6(2). Access for the consumer to private office of the consumer on the official site of the resource supplying organization which is the guaranteeing supplier or the heatsupplying organization on the official site of the organization attracted by the contractor based on the agreement according to the subitem "e" of Item 32 of these rules (further - the attracted organization), on the Internet (further - the Internet) and (or) in official software according to the specified resource supplying organization, the attracted organization applied to exchange of information electronically with consumers with use of the technical device (the mobile phone, the smartphone or the computer, including the tablet computer) connected to the Internet can be performed with use of federal state information system "Single system of identification and authentication in infrastructure, providing information and technological interaction of the information systems used for provision of the state and municipal services electronically" (further - single system of identification and authentication) in case of accession of information system according to the specified resource supplying organization, the attracted organization to the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically, according to the procedure, established by Rules of accession of information systems of the organizations to the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically approved by the order of the Government of the Russian Federation of December 22, 2012 No. 1382 "About accession of information systems of the organizations to the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services and execution of the state and municipal functions electronically". The consumer when passing procedures of identification and authentication in information system of the specified resource supplying organization, the attracted organization with use of single system of identification and authentication for the purpose of respectively proper execution by the specified resource supplying organization of the obligations connected with provision of utilities, proper accomplishment by the attracted organization of the functions provided by the subitem "e" of Item 32 of the these rules having the right to provide consent in case of identification expressed with use of single system of identification and authentication to obtaining by the specified resource supplying organization attracted by the organization from single system of identification and authentication of information on itself regarding data on surname, name, middle name (in the presence), birth date and birth place of physical person, its registration at the place of residence, series, number and date of issue of the document proving the identity in accordance with the legislation of the Russian Federation, identification taxpayer number, the insurance number of the individual ledger account of the consumer in system of mandatory pension insurance, phone number, the e-mail address.

7. The agreement containing regulations on provision of utilities, signed by making by the consumer of implied actions is considered the prisoner on the conditions provided by these rules taking into account features, stipulated in Item 148(54) these rules.

The agreement containing regulations on provision of utilities in premises in the apartment house or the apartment house (household) the prisoner in writing, shall correspond to provisions of these rules. In case of discrepancy of the specified agreement to provisions of these rules the agreement is considered the prisoner on the conditions provided by these rules.

Supply of cold water, hot water, electrical energy, heat energy and gas to the non-residential premise in the apartment house, and also removal of sewage are performed based on the agreement of resource provisioning signed in writing with the resource supplying organization which shall correspond to regulations of the legislation of the Russian Federation on water supply, water disposal, electric utility service, heat supply, gas supply. Scoping of the heat energy consumed in the non-residential premise and method of implementation by consumers of payment of utility on heating is performed according to these rules. In case of discrepancy of the specified agreement to regulations of the legislation of the Russian Federation on water supply, water disposal, electric utility service, heat supply, gas supply the agreement is considered the prisoner on conditions, stipulated by the legislation the Russian Federation about water supply, water disposal, electric utility service, heat supply, gas supply and these rules.

To the consumer in premises it cannot be refused provision of utilities in case of absence at the consumer of the agreement signed in writing containing regulations on provision of utilities.

8. As the contractor of utilities person from among persons specified in Items 9 and 10 of these rules can act. At the same time the period of time during which the specified person shall provide utilities to consumers and has the right to demand from consumers of payment of the provided utilities, 16 and 17 these rules are subject to determination according to Items 14, of 15,.

9. Conditions of provision of utilities to owners and users of rooms in the apartment house depending on the chosen method of management of the apartment house are determined:

a) in the agreement of management of the apartment house signed by owners of rooms in the apartment house or governing body of partnership or cooperative with the management company chosen in the procedure established by the housing legislation of the Russian Federation for management of the apartment house.

At the same time the management company has no right to refuse inclusion in the agreement of management of the apartment house of conditions on provision of utilities of that type signed with it which provision is possible taking into account extent of improvement of the apartment house, and equally has no right to refuse provision of such utilities, except as specified, specified in subitems "g" - Item 17 of these rules;

b) in the agreement on provision of utilities signed with partnership or cooperative with owners of premises in the apartment house in which the partnership or cooperative is created.

At the same time the partnership or cooperative has no right to refuse to the owner of the room the apartment house both being, and not being his member in the conclusion of the agreement on provision of utilities of that type which provision is possible taking into account extent of improvement of the apartment house, and equally has no right to refuse provision of such utilities, except as specified, specified in subitems "g" - Item 17 of these rules;

c) in agreements of cold water supply, hot water supply, water disposal, electric utility service, gas supply (including supply of household gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of oven heating) (further - the agreements with the resource supplying organization containing regulations on provision of utilities), the premises concluded by owners in the apartment house with the relevant resource supplying organization.

10. Conditions of provision of utilities to the owner and the user of the apartment house (household) are determined by its choice:

a) in agreements of cold water supply, hot water supply, water disposal, electric utility service, gas supply (including supply of household gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of oven heating), concluded by the owner of the apartment house (household) with the relevant resource supplying organization;

b) in the agreement on provision of utilities signed by the owner of the apartment house (household) with the organization (including gardening or gardening non-commercial partnership) which on its own behalf and for the benefit of the owner signs contracts of cold water supply, hot water supply, water disposal, electric utility service, gas supply ( including supply of household gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of oven heating) with the relevant resource supplying organizations.

11. Conditions of provision of utilities to the employer, loan recipient under the agreement of free use by the room, the lessee of premises are determined:

a) in the employment contract, including the agreement of social hiring, the employment contract of specialized premises, the employment contract of the premises which are in private property - for the employer of premises under such agreement;

b) in the agreement of free use - for loan recipient under such agreement;

c) in the lease agreement of premises or other agreement on the provision of premises in ownership and (or) use concluded by the owner of premises with the legal entity who can use premises only for accommodation of citizens.

12. At the same time the owner of premises acting as the lessor, loaner or the lessor of premises for the purpose of ensuring provision to employers, loan recipients, lessees of utilities of that type whose provision is possible taking into account extent of improvement of premises signs with the contractor the agreement containing regulations on provision of utilities from among the agreements specified in Items 9 and 10 of these rules.

13. Provision of utilities is provided with management company, partnership or cooperative or the organization specified in the subitem "b" of Item 10 of these rules by means of the conclusion with the resource supplying organizations of agreements on acquisition of municipal resources for the purpose of use of such resources by provision of utilities to consumers, including by their use in case of production of separate types of utilities (heating, hot water supply) using the equipment which is part of common property of owners of rooms in the apartment house and proper execution of such agreements.

Conditions of agreements on acquisition of municipal resources for the purpose of use of such resources for provision of utilities to consumers are determined taking into account these rules and other regulatory legal acts of the Russian Federation.

14. The management company chosen in the procedure established by the housing legislation of the Russian Federation for management of the apartment house starts provision of utilities to consumers in the apartment house, except as specified, provided by subitems "g" - Item 17 of these rules, from the date specified in the decision of general meeting of owners of rooms in the apartment house about the choice of management company or from the date of the conclusion of the agreement of management of the apartment house, including with the management company chosen by local government body following the results of holding open tender, but not earlier than start date of delivery of municipal resource under the agreement on acquisition of municipal resource signed by management company with the resource supplying organization. The management company stops provision of utilities from the date of agreement cancelation of management of the apartment house on the bases established by the housing or civil legislation of the Russian Federation of date of cancellation of the agreement of resource provisioning regarding acquisition of municipal resource for the purpose of utility provision.

15. The partnership or cooperative if owners of rooms in the apartment house as method of management of the apartment house choose management of partnership or cooperative, starts provision of utilities to consumers in the apartment house, except as specified, provided by subitems "g" - Item 17 of these rules, from the date of its state registration, but not earlier than start date of delivery of municipal resource under the agreement on acquisition of municipal resource signed by partnership or cooperative with the resource supplying organization. The partnership or cooperative stops provision of utilities from the date of its liquidation or from the start date of provision of utilities by management company specified in Item 14 of these rules with which the governing body of partnership or cooperative signs the agreement of management of the apartment house, or from the date of cancellation of the agreement of resource provisioning regarding acquisition of the municipal resource for the purpose of provision of utility signed by partnership or cooperative with the resource supplying organization.

16. The organization specified in the subitem "b" of Item 10 of these rules starts provision of utilities to consumers in the apartment house (household) from the start date of provision of utilities specified in the prisoner with the owner of the apartment house (household) in writing the agreement on provision of utilities. The organization specified in the subitem "b" of Item 10 of these rules stops provision of utilities from the date of agreement cancelation about provision of utilities on the bases established by the housing or civil legislation of the Russian Federation.

17. The resource supplying organization for which in accordance with the legislation of the Russian Federation about water supply, water disposal, electric utility service, heat supply, gas supply the conclusion of the contract with the consumer is obligatory starts provision of utility of the corresponding type:

a) to owners and users of rooms in the apartment house in which as method of management direct management is chosen, - from the date specified in the decision of general meeting of owners of rooms on the choice of such method of management before start date of provision of utilities by the management company or partnership or cooperative specified in Item 14 or 15 of these rules;

b) to owners and users of rooms in the apartment house in which the method of management is not chosen or the method of management is chosen, but there did not come the events specified in Items 14 and 15 of these rules, or control of which is exercised by management company based on part 17 of article 161 of the Housing code of the Russian Federation, - from the date of emergence of the property right to the room, from the date of provision of premises by housing cooperative, from the date of the conclusion of the employment contract, from the date of the conclusion of the lease agreement if other term is not established by the legislation of the Russian Federation on water supply, water disposal, electric utility service, heat supply, gas supply, or from the date of the termination of earlier chosen method of management of the apartment house about day of the beginning of provision of the utilities by management company or partnership or cooperative specified in Item 14 or 15 of these rules and in case of management of the apartment house of management company based on part 17 of article 161 of the Housing code of the Russian Federation - from the date of modification of the register of licenses of the subject of the Russian Federation in connection with the conclusion of the relevant agreement of management of such house;

c) to owners and users of apartment houses (households) - from the date of the first actual connection of the apartment house (household) in accordance with the established procedure to centralized network of engineering facilities it is direct or through the networks of engineering facilities connecting several apartment houses (households) located on the nearby parcels of land if other term is not established by the legislation of the Russian Federation on water supply, water disposal, electric utility service, heat supply, gas supply, except for period of time during which between the owner of the apartment house (household) and the organization specified in the subitem "b" of Item 10 of these rules in writing it is signed and the agreement on provision of utilities is performed and such agreement is not terminated;

d) to owners and users of rooms in the apartment house in case of availability of the agreements signed with them provided by part 3 of article 3 of the Federal Law of April 3, 2018 No. 59-FZ "About introduction of amendments to the Housing code of the Russian Federation" - from the date of their conclusion;

e) to owners and users of rooms in the apartment house if in case of acceptance by owners of rooms in the apartment house of the decision on change of method of management of the apartment house or on the choice of management company general meeting of owners of rooms in such apartment house makes the decision on preserving procedure for provision of utilities and calculations for utilities (the resources necessary for the provision of utilities) operating before decision making about change of method of management of the apartment house or about the choice of management company - from acceptance date of such decision;

e) to owners and users of rooms in the apartment house concerning which the agreement on acquisition of municipal resources for the purpose of use of such resources for provision of utilities to consumers signed between the resource supplying organization and management company, partnership or cooperative exercising control of the apartment house is considered stopped regarding supply with municipal resources for the purpose of provision of the corresponding utility, - after 30 calendar days from the date of the direction of the notification provided by part 3 of Article 157 (2) the Housing code of the Russian Federation;

g) in case of acceptance by general meeting of owners of rooms in the apartment house of the decision, stipulated in Item 4.4 parts 2 of article 44 of the Housing code of the Russian Federation, - from the date determined in such decision, and in case of adoption by the resource supplying organization of the decision on transfer of term from which the contract with the resource supplying organization containing regulations on provision of utilities is considered the prisoner, no more than on 3 calendar months according to provisions of Item 1 of part 7 of article 157.2 of the Housing code of the Russian Federation, - from the date determined by the specified decision of the resource supplying organization.

17(1). The resource supplying organization starts provision of utility of the corresponding type according to the subitem "zh" of Item 17 of these rules on condition of receipt in its address of copies of decisions and the protocol of general meeting of owners of rooms in the apartment house on the question specified in Item 4.4 of part 2 of article 44 of the Housing code of the Russian Federation.

No later than 10 calendar days before start date of provision of utility of the corresponding type by the resource supplying organizations in the cases specified in subitems "e" and "zh" of Item 17 of these rules, the resource supplying organization informs owners and users of premises in the apartment house by placement in the state information system of housing and communal services and on the official site on the Internet the following information:

dates of the conclusion and the beginning of execution by the resource supplying organization of the contracts with the resource supplying organization containing regulations on provision of utilities;

the list of data from among the specified in paragraphs eight - the fifteenth Item 6 of these rules which owners of premises in the apartment house need to provide to the resource supplying organization for calculation of the amount of payment for utility;

information on terms and methods of introduction of payment for the utility provided by the resource supplying organization including it is direct in the resource supplying organization without payment of the commission (for citizens);

information on terms and method of transfer of indications of metering devices of the resource supplying organization;

payment details of the resource supplying organization;

information on the address (location) of the resource supplying organization, and also addresses (location) of its branches (in the presence), contact telephone numbers and e-mail addresses (in the presence).

In case of adoption by the resource supplying organization of the decision on transfer of term after which the contract with the resource supplying organization containing regulations on provision of utilities is considered the prisoner the resource supplying organization in time, specified in Item 1 of part 7 of article 157.2 of the Housing code of the Russian Federation, notifies by placement of this decision on the official site on the Internet and in the state information system of housing and communal services on the made decision person at the initiative of whom general meeting of owners of rooms in the apartment house on the question specified in Item 4.4 of part 2 of article 44 of the Housing code of the Russian Federation with bringing to this person of information provided by paragraphs third - the eighth this Item was convened. The specified information in the same time is placed the resource supplying organization in the state information system of housing and communal services.

17(2). Person at the initiative of whom general meeting of owners of rooms in the apartment house on the question specified in Item 4.4 of part 2 of article 44 of the Housing code of the Russian Federation was convened informs owners and users of rooms in the apartment house information obtained from the resource supplying organization according to Item 17 (1) these rules, by placement in public places (on the bulletin boards located at all entrances of the apartment house or within the parcel of land on which the apartment house is located) within 5 calendar days from the date of its obtaining.

17(3). In the case specified in the subitem "e" of Item 17 of these rules, the resource supplying organization along with the notification provided by part 3 of article 157.2 of the Housing code of the Russian Federation informs owners and users of rooms in the apartment house information specified in Item 17 (1) these rules, by placement in the state information system of housing and communal services, on the official site of the resource supplying organization on the Internet, in public places (on the bulletin boards located at all entrances of the apartment house or within the parcel of land on which the apartment house is located), and also by publication in printing editions in which acts of local government bodies are published.

18. If according to these rules the contractor providing utilities to consumers in the apartment house in which the non-residential premise of the owner is located is not the resource supplying organization, the owner of the non-residential premise in the apartment house shall within 5 days after the conclusion of contracts of resource provisioning with the resource supplying organizations provide to the contractor of their copy, and also according to the procedure and terms which are established by these rules for transfer by information users about indications of individual or general (room) metering devices, - data on amounts of the municipal resources consumed for settlement period under the specified agreements, except as specified, when the non-residential premise is equipped with the metering device of electrical energy attached to intellectual system of accounting of electrical energy (capacity) and also in case if electric utility service of the non-residential premise is performed without use of common property of the apartment house.

Concerning non-residential premises which electric utility service is performed with use of common property of the apartment house, equipped with the metering devices of electrical energy attached to intellectual system of accounting of electrical energy (capacity) the guaranteeing supplier provides removal of indications of such metering devices, and also their representation to the contractor, and in the cases provided by subitems "e" and "zh" of Item 17 of these rules, to the management company, partnership or cooperative exercising control of the apartment house according to requirements of Rules of provision of access to the minimum set of functions of intellectual systems of accounting of electrical energy (capacity) approved by the order of the Government of the Russian Federation of June 19, 2020 No. 890 "About procedure for provision of access to the minimum set of functions of intellectual systems of accounting of electrical energy (capacity)" (further - Rules of provision of access to the minimum set of functions of intellectual systems of accounting of electrical energy (capacity), in terms which are established by these rules and Rules, management company or condominium or housing cooperative or other specialized consumer cooperative of contracts with the resource supplying organizations, obligatory in case of the conclusion, approved by the order of the Government of the Russian Federation of February 14, 2012 No. 124 "About the rules obligatory in case of the conclusion of agreements of supply with municipal resources" for transfer to contractors and information users about indications of individual or general (room) metering devices (further - Rules, obligatory in case of the conclusion management company or condominium or housing cooperative or other specialized consumer cooperative of contracts with the resource supplying organizations).

III. The term of the contract containing regulations on provision of utilities, and procedure for its conclusion

19. The agreement containing regulations on provision of utilities shall include:

a) date and place of agreement;

b) name, address, billing account details and other contact information of the contractor;

c) following information about the consumer:

for physical person - surname, name, middle name (in the presence), birth date and birth place, details of the identity document, contact telephone number, the e-mail address (in the presence);

for the legal entity - the name (trade name) and the place of state registration, contact telephone number;

d) the room address in the apartment house or the apartment house (household), to owners or users of which utilities, with indication of total area of the room or the apartment house (household), total area of the rooms which are part of common property in the apartment house, the area of residential and non-residential premises, type of activity performed in the non-residential premise 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;

e) the name of the utility (utilities) provided to the consumer;

e) quality requirements of the provided utility (utilities);

g) procedure for scoping (quantity) for the consumed municipal resource proceeding from standard rates of consumption of utilities, indications of metering devices or other method specified in these rules;

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