CrimeaPRESS reports:
The rules for calculating the most, perhaps, the most expensive utility service (heating) have changed several times recently. For the last time, portal experts say Legal subtletiesin 2018, the Constitutional Court of the Russian Federation recognized that the formulas then in force did not take into account cases when not all premises of an apartment building were equipped with individual heat meters (Resolution of the Constitutional Court of the Russian Federation of July 10, 2018 No. 30-P).
The Government of the Russian Federation made appropriate amendments to the Rules for the provision of public services (dated May 6, 2011 No. 354). But recently this question again arose before the Constitutional Court of the Russian Federation — now in terms of charging fees for common house heating.
How you can check the correctness of the calculation of fees for common property through the housing inspectorate is described in the instructions for subscribers of my channel on the Boosty platform.
A certain citizen appealed to the Constitutional Court of the Russian Federation with a complaint about the excessive overestimation of the payment for heating her premises, which occurred after the introduction of new calculation formulas.
She was the owner of a non-residential premises in an apartment building, which was connected to the heating system through an individual heat point.
The volume of heat supplied to the premises was taken into account according to the readings of a separately equipped metering unit, which was installed up to the location of the collective heat meter — that is, the common house meter did not take into account the heat supplied to the plaintiff’s premises.
Meanwhile, according to the new formulas, the owner began to charge a fee for the general house heating, summing up the readings of her metering unit and the collective heat meter — and as a result, the heating fee increased for her several times (despite the fact that nothing has changed — neither the tariffs nor the volume consumed thermal energy).
The arbitration courts did not see any violations in this: the accruals were made in accordance with the formulas approved by the Government of the Russian Federation, and there are no special features depending on where the individual meter is located: before or after the collective meter.
The Constitutional Court of the Russian Federation, in turn, noted that all owners of the premises of the house must pay for the heating of common property.
But at the same time, he admitted that today in many high-rise buildings a vertical distribution of the heating system has been installed, which does not make it technically possible to install apartment heat meters.
And if such a house still has one or two rooms where there are individual heat meters, then the current procedure for determining the amount of heat spent on all other rooms without such meters can lead to an underestimation of this indicator compared to how much is actually spent on heating these rooms.
As a result, it leads to an unreasonable increase in the payment for common house heating, which is distributed among all the owners of the premises of the house.
With this in mind, the Constitutional Court of the Russian Federation ruled that the Government of the Russian Federation may establish a special procedure for calculating the payment for heating in such houses, which would take into account the features of in-house engineering systems and, accordingly, the specifics of determining the amount of heat energy spent on general house needs (definition of the Constitutional Court of the Russian Federation of 8 June 2023 No. 1405-O).
Thus, in the near future we should expect another change in the rules for calculating heating fees for residents of apartment buildings. And in the light of the situation presented here, it is highly likely that this fee will increase for those owners of premises where there are no individual heat meters.
source: Legal subtleties
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