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Thermal energy is heating or hot water. Formula for calculating water heating in a housing and communal services receipt

Many people, when paying for utility services, are surprised to see the phrase “water heating” on the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, if there is a centralized water supply system, payment must be made at a two-component tariff.

Thus, the tariff was divided into two components: the use of cold water and thermal energy. Now the calculation is made separately for two resources: water for hot water supply and thermal energy. That is why a column appeared on receipts indicating the amount of thermal energy spent on heating cold water. However, many believe that heating fees are charged illegally and write complaints to housing and communal services. To ensure the legality of this type of charge, you should learn more about this service.

The reason for this innovation was the additional use of energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in calculations of utility bills. Since heating fees can only be charged during the heating season, heating the air through the use of a heated towel rail was not paid for as a utility service. The government found a way out of this situation by dividing the tariff into two components.

Equipment

If your water heater fails, your hot water bill will not increase. In this case, authorized employees of the management organization are required to repair the equipment urgently. But since repairs require payment, residents must still pay this amount. Although the heating bill will remain the same, the cost of repairs and maintenance of the property will increase. This is explained by the fact that water heating devices are part of the property of homeowners.

As for non-standard situations, when, for example, some apartments in a multi-storey building have access to hot water, and the second only to cold water, issues regarding payment for heating are resolved on an individual basis. As practice shows, residents are often required to pay for common property that they do not use.

Thermal energy component

If the calculation of payment for cold water is quite simple (it is carried out on the basis of the established tariff), then not everyone understands what is included in the cost of such a service as heating.

The amount to pay for a service such as water heating is calculated taking into account the following components:

established tariff for thermal energy;
expenses required to maintain a centralized hot water supply system (from central heating points where water is heated);
cost of thermal energy loss in pipelines;
costs necessary to transport hot water.

Payment for utility services for hot water supply is calculated taking into account the volume of water used, which is measured in m3.

As a rule, the amount of required thermal energy is determined on the basis of general house values, which are shown by hot water meters and consumed thermal energy. The amount of energy used in each room is calculated by multiplying the volume of water used (determined by the meter) by the specific consumption of thermal energy. The energy volume is multiplied by the tariff. The resulting value is the amount required to pay for what is written on the receipt as “water heating”.

How to calculate it yourself in 2018-2019

Water heating is one of the most expensive utilities. This is explained by the fact that when heating it is necessary to use special equipment operating from the mains. To make sure that the receipt shows the correct amount to be paid, you can do the calculations yourself and compare the resulting value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for thermal energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy based on its indicator.
If there is no meter, calculations should be made based on established standard indicators (set by an energy-saving organization).

If there is a general heat energy consumption meter in a residential building and individual meters installed in the apartments, the calculation of the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m 3 of water in the reporting month and the readings individual counter water.

Where to write a complaint

If the legality of the additional line “water heating” in receipts is in question, in order not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the apartment building premises. In the absence of such a decision, you should write a complaint to the State Housing Inspectorate. After filing a complaint with the Criminal Code, you must be provided with an answer with explanations within thirty days. If you refuse to justify why such a service is indicated in the receipt, you should file a complaint with the prosecutor's office with a claim in court. In this case, if you have already paid the amount indicated in the receipt, the basis for the claim will be Article 395 Civil Code RF. If a refund is not required, but you must pay for services that are not provided to you, file a claim to exclude the “water heating” line. In this case, it is worth referring to Article 16 of the Law “On Protection of Consumer Rights”.

In order to answer the question “What is thermal energy?” It is necessary to understand the difference between hot water and cold water, what affects the temperature of the water? She's different different quantities the heat it contains. This warmth, or otherwise thermal energy, cannot be seen or touched, it can only be felt. Any water with a temperature above 0°C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MW/h (Megawatt per hour), not in degrees °C. Since tariffs are approved in rubles per Gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of the water itself and the heat energy or heat contained in it (Gcal). The water seems to be saturated with gigacalories. The more Gcal there are in the water, the hotter it is. In heating systems, the coolant (hot water) enters the heating system at one temperature and leaves at another. That is, he came with one amount of warmth and left with another. The coolant transfers some of the heat to environment through heating radiators. For this part that has not returned to the system, and which is measured in Gcal, someone needs to pay. With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it, we do not return anything back to the system.

What is coolant?

All the hot water that runs through the pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water), is the coolant. The word coolant consists of two words - heat and carries. When making calculations, heat supply companies break down the coolant into Gcal and network water. The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The hot water tariff takes into account both water and Gcal in it. The requirements for the coolant, depending on the purpose (for heating or for hot water supply), different requirements according to temperature and sanitary standards. The coolant for hot water supply purposes has a minimum permissible temperature that must be provided by the heat supply organization, as well as increased requirements to quality. For hot water supply purposes, it is taken drinking water, heats up and is released into the network. The coolant temperature for heating purposes depends on the outside air temperature (i.e. the weather). The colder it is outside, the more heating occurs. Conclusions: 1. When paying for heat, you will need to pay for both Gcal and network water. When paying for hot water, also if a separate tariff for hot water is not established. 2. Coolant - carries heat, hot water, also known as network water + Gcal in it. 3. Network water - water without Gcal. 4. In life, coolant and network water can mean the same thing. For those who want to understand this issue in more detail, we suggest that you familiarize yourself with the Rules for metering thermal energy and coolant.

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Is it legal to pay for water heating using a receipt in 2018?

Equipment

Read also: Can the lights be turned off for non-payment of utilities?

Thermal energy component

The amount to pay for a service such as water heating is calculated taking into account the following components:

established tariff for thermal energy;
expenses required to maintain a centralized hot water supply system (from central heating points where water is heated);
cost of thermal energy loss in pipelines;
costs necessary to transport hot water.

Utility fees for hot water supply are calculated taking into account the volume of water used, which is measured in m3.

How to calculate it yourself in 2017-2018

If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy based on its indicator.
If there is no meter, calculations should be made based on established standard indicators (set by an energy-saving organization).

If there is a general heat energy consumption meter in a residential building and individual meters installed in the apartments, the calculation of the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m3 of water in the reporting month and the readings of an individual water meter.

Where to write a complaint

If the legality of the additional line “water heating” in receipts is in question, in order not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the apartment building premises. In the absence of such a decision, you should write a complaint to the State Housing Inspectorate. After filing a complaint with the Criminal Code, you must be provided with an answer with explanations within thirty days. If you refuse to justify why such a service is indicated in the receipt, you should file a complaint with the prosecutor's office with a claim in court. In this case, if you have already paid the amount indicated in the receipt, the basis for the claim will be Article 395 of the Civil Code of the Russian Federation. If a refund is not required, but you must pay for services that are not provided to you, file a claim to exclude the “water heating” line. In this case, it is worth referring to Article 16 of the Law “On Protection of Consumer Rights”.

Read also: Is it necessary to check water meters in Moscow?

If there is a need to appeal the actions of housing and communal services on issues related to violation of the rights of consumers of utility services, you should contact Rospotrebnadzor. If you have any questions about the tariffs established for housing and communal services, you need to contact the Federal Tariff Service.

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Gcal, coolant, hot and network water

Let Management Company Our Home will explain what we pay for and how the concepts listed above differ from each other. It is difficult for us, ordinary residents, to maneuver in technical terms.

Question from the site nashdomkch.ru

Sergey Kirilyuk, head of the energy department of the UZHK “Our Home”, answers:

Invoices for heat and hot water presented by heat supply companies may indicate the following tariffs: - per Gcal, (RUB/Gcal); - for network water (rub/t) or for coolant (rub/m3);

For hot water or domestic hot water (RUB/m3)

Not all consumers understand why their bills include a large amount for heat energy (RUB/Gcal), for hot water (RUB/m3), and then - relatively small amount for network water (RUB/t). What is this additional fee? I will not give a dictionary definition of thermal energy, I will try to explain it “on my fingers”.

Think about how hot water differs from cold water, what affects the temperature of the water? It differs in the amount of heat it contains. This heat (or, in other words, thermal energy) cannot be seen or touched, it can only be felt. Any water with a temperature above 0°C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains.

Heat is measured in calories, in joules, in MW/h (megawatt per hour), not in degrees °C. Since tariffs are approved in rubles per gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of the water itself and the heat energy or heat contained in it (Gcal). The water seems to be saturated with gigacalories. The more Gcal there are in the water, the hotter it is.

In heating systems, the coolant (hot water) comes in at one temperature and leaves at another. The water releases some of its heat into the environment through heating radiators. For this part, which has not returned to the system, and which is measured in Gcal, someone needs to pay.

With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it, and do not return anything back to the system.

What is coolant? All the hot water that runs through the pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - heat and carries. When making calculations, heat supply companies break down the coolant into Gcal and network water, which confuses some consumers.

If previously UZHK “Our House” charged for hot water according to DHW tariffs in rubles/m3, now we break down the coolant for DHW needs. In our invoices for hot water there is no tariff of rubles/m3. We bill for DHW in the same way as for heat, separately for network water and separately for Gcal.

The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The hot water tariff takes into account both water and Gcal in it.

Depending on the purpose (for heating or for hot water supply), the coolant is subject to different temperature and sanitary standards. For hot water supply, there is a minimum permissible temperature that must be provided by the heat supply organization, as well as increased quality requirements.

In Kachkanar there is a 2-pipe open heat supply system, from which the hot water supply system in each separate house is powered - this was determined by the project during the construction of the city. In the summer, there is no circulation of the heating system; hot water is supplied through one of the pipes of the heating system (starting from the thermal power plant and to each consumer).

The temperature of the heating fluid depends on the outside air temperature (weather). The colder it is outside, the more we warm it up.

Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (coolant); - coolant - carries heat, hot water, also known as network water + Gcal in it; - network water - water without Gcal;

In life, coolant and network water can mean the same thing.

Tags: housing and communal services

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Payment for heat energy as part of hot water supply

By Decree of the Government of the Russian Federation dated 02/14/2015 No. 129, in order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF PP dated 05/06/2011 No. 354 and RF PP dated 05/23/2006 No. 306. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter referred to as DHW) “the amount of payment for a utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide a utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of provision of public services for hot water supply" (paragraph 6 of clause 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation "establishes a standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply" (clause 32(1) of Rules 306 ). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the ICU) was resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as the RSO), problems arose and continue to arise disputes, especially in cases of equipping houses with common house metering devices, which determine both the volume of hot water consumption and the amount of heat energy in the composition of consumed hot water.

Heat in DHW: volume of consumption and cost to pay

If we consider the consumption of hot water in apartment buildings, it is easy to establish cases in which, with the same volume of hot water consumption, the heat consumption in the composition of this water will be different. Such cases include the consumption of “cooled” hot water in the house by those residents who wake up earlier in the morning or go to bed later in the evening in the absence of circulation in the house. Obviously, the water will be hotter during long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are established) depending on the length of the hot water supply network from these houses to the RSO (distance of the apartment building from the boiler room) - residents of houses connected to the “end” segments of heating networks usually use less hot water than houses connected to “transit” pipelines of the same networks.

Probably, in order to create some kind of averaged unified calculation system, the Government of the Russian Federation decided to approve standards for heat energy consumption for heating hot water supply and gave the right to establish such standards to the constituent entities of the Russian Federation authorized to approve standards for the consumption of utility services. This eliminated the possibility of determining different prices for hot water (in rubles per cubic meter), for example, for residents various apartments one and the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of the same house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by a consumer must be based on the cost of the component for cold water, the tariff for which approved by the subject of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water) are also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, this amount can be determined by such a common house metering device (hereinafter - OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming majority of RSO, which is that the heat supplied to the MKD is subject to payment in full, is reasonable and logical. No less logical is to determine the amount of heat energy in the DHW consumed by the entire apartment building, according to the control unit, which allows such an amount to be measured. At the same time, in the opinion of these RSOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water to provide public services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. If the common house DHW meter does not have a function for measuring the amount of heat (and even more so if there is no control unit at all), the same RSOs consider the use of heat standards for heating DHW already necessary.

The position, of course, is not without logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for heating hot water in the calculations or not to use it. The rules on the use in calculations of the standard consumption of thermal energy used to heat cold water to provide public services for hot water supply are imperative and subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in calculations the readings of the control unit, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such OPU readings in calculations, although logical, is not based on the law, and therefore is unlawful. At the same time, the use of heat standards for DHW heating in calculations is not a right provided for in individual cases (for example, the absence of a control unit, or the absence of a control unit function for measuring the heat content in DHW), but an obligation for any cases without exception.

From the above it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water supply service, and between the ICU and the distribution center), it is not the actual amount of heat energy consumed for heating water for the provision of public services for hot water supply, but the standard heat consumption for heating hot water supply .

What did the court find?

I studied these circumstances Arbitration court Moscow Region, and then - on appeal - the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Heating Network LLC against the Avtoproezd HOA (case No. A41-18008/16) for the collection of debt for payment of thermal energy . As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.

In the Decision dated December 12, 2016 in case No. A41-18008/16, the Moscow Regional Court stated:

“Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following conclusion.

As established by the court, on September 26, 2012, Heat Supply Agreement No. 240 was concluded between the plaintiff and the defendant, according to which the plaintiff is the energy supply organization, the defendant is the subscriber.

In accordance with paragraph 1 of Article 539 of the Civil Code 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 (consumer) through the connected network, and the subscriber undertakes to pay for the received energy...

Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or agreement of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by the authorities state power subjects of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the subjects of the Russian Federation in the manner established by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open systems heat supply (hot water supply) are set in the form of two-component tariffs using a component for coolant and a component for thermal energy.

According to Part 9 of Article 32 of the Federal Law of December 7, 2011. No. 416-FZ “On Water Supply and Sanitation”, tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation approved by the Government of the Russian Federation.

Clause 88 of the Fundamentals of pricing in the field of water supply and sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 No. 406, provides that tariff regulatory authorities establish a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on establishing two-component tariffs for hot water in accordance with the norms of current legislation.

In order to regulate the procedure for applying two-component tariffs for hot water, Decree of the Government of the Russian Federation dated February 14, 2015 No. 129 (came into force on February 28, 2015) amended the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation of May 6, 2011. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).

Clause 38 of Rules No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water supply utility service, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public hot water supply services.

In accordance with paragraph 42 of Rules No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Rules No. 354 based on the readings of hot water meters and the standard consumption of thermal energy used to heat water, and in the absence of such a meter - based on the standard for hot water consumption and the standard for the consumption of thermal energy used to heat water.

At the same time, Rules No. 354 do not provide for the use of thermal energy as a utility service, which corresponds to the provisions of Part 4 of Article 154 of the Housing Code of the Russian Federation.

Taking into account the above, Rules No. 354 provide for the distribution of thermal energy used to heat cold water for the purpose of providing public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water for the purpose of providing public services for hot water supply.

In this regard, the corresponding amendments made to Rule No. 306 provide that the standard for the consumption of public services for hot water supply is determined by establishing the standard for the consumption of hot water in residential premises and the standard for the consumption of thermal energy for heating water for the purposes of hot water supply.

Thus, according to paragraph 7 of Rules No. 306, when choosing a unit of measurement for consumption standards in relation to hot water supply (hot water), the following indicators are used:

in residential premises - cubic meters. meter of cold water per person and Gcal for heating 1 cubic meter. meter of cold water or cubic. meter of hot water per person;

for general house needs - cubic meters. meter of cold water and Gcal for heating 1 cubic meter. meter of cold water per 1 sq. meter of the total area of the premises included in the common property in an apartment building, or cubic meter. meter of hot water per 1 sq. meter of total area of premises included in the common property in an apartment building.

This principle ensures fair distribution of thermal energy for heating a cubic meter of water among all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by the Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and was established taking into account the exclusion of the occurrence of unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat The energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy to heat water for the purposes of hot water supply.

Accordingly, if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

In the case under consideration, Rules No. 354 do not provide for any other procedure for determining the amount of payment for utility services for hot water supply.

Civil rights and obligations of a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as the partnership, cooperative) to make payments for resources necessary for the provision of utility services arise from resource supply contracts concluded in the manner prescribed by the Rules, mandatory when a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative concludes contracts with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Decree No. 124, Rules No. 124).

According to subparagraphs “d”, “e” of paragraph 17 of Rules No. 124, the procedure for determining the volumes of supplied communal resource, the procedure for payment for a utility resource are essential terms of the resource supply agreement.

At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utility services, approved by Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the Requirements), are also subject to application.

Clause 4 of the Requirements establishes that funds received by the contractor from consumers to pay for utility services are subject to transfer in favor of resource supply organizations.

In this case, paragraph 5 of the Requirements stipulates that the amount of payment of the utility service provider due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the consumer’s payment for the corresponding utility service in the full amount specified in the payment document, or in case of partial payment, which fully corresponds with the above provisions of Rule No. 124.

Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization must be determined taking into account the amount of money received from consumers of utility services, as well as taking into account the volume of utility resources in the event that the resource supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration .

In addition, management organizations (partnerships, cooperatives), being providers of utility services in an apartment building, purchase utility resources from resource-supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for utility services.

In accordance with the Decision Supreme Court Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a management organization, partnership or cooperative is not an economic entity with independent economic interests different from the interests of residents as direct consumers of utility services. These organizations carry out activities to provide utility services on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under the resource supply agreement only from received consumer payments. In this situation, the amount of payment for a utility resource under a resource supply agreement must be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.

Taking into account the above, regardless of the agreement, the parties are obliged to follow the mandatory rules that govern the procedure for payment for utility services provided.

According to paragraphs 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utility services, payment for residential premises and utilities are regulated by housing legislation.

In accordance with the provisions of Article 8 of the RF Housing Code, relevant legislation is applied to housing relations, including the use of engineering equipment, the provision of utilities, and payment for utility services, taking into account the requirements established by the RF Housing Code.

Taking into account the above, when concluding a resource supply agreement with persons managing an apartment building and establishing conditions therein, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124 subject to the provisions of Regulation No. 354.

Clause 5 of the Requirements establishes that the amount of the contractor's payment due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the fee for a specific utility service indicated in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer does not pay in full - in an amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for work and services performed (provided) for a given billing period.

Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of communal resources using funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated based on the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply.

Based on the above, the Arbitration Court of the Moscow Region believes that the stated claims cannot be satisfied.

Guided by the articles of Art. 110, 112, 162, 167–170, 176 Arbitration Procedural Code of the Russian Federation, Arbitration Court of the Moscow Region

Refuse to satisfy the claims."

The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the Arbitration Court of the Moscow Region, adopted Resolution No. 10AP-805/2017 dated April 17, 2017 in case No. A41-18008/16, which repeated the arguments of the trial court, additionally indicating:

“The arguments of the appeal repeat the arguments of the claim and were rightly rejected by the court of first instance.

Taking into account the totality of the circumstances presented, the appellate court does not find any grounds provided for by law to re-evaluate the findings of the trial court and satisfy the demands of the appeal.

Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court

DECIDED:

The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. A41-18008/16 is left unchanged and the appeal is not satisfied.”

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008/16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system/ hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of thermal energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy for heating water for the purposes of hot water supply..., “If there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.”

By order of the Committee on Tariffs and Prices of the Moscow Region dated December 13, 2014 No. 149-R “On setting tariffs for hot water for 2015”, a two-component tariff for hot water was approved on the basis of Resolution of the Russian Federation dated May 13, 2013 No. 406 “On state regulation of tariffs in in the field of water supply and sanitation." The procedure for calculating and paying fees for utility services is defined in the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation No. 354. Accordingly, the procedure for calculating payments for hot water has been changed. Now the fee for 1 cubic meter of hot water consists of two components:

First- fee for 1 cubic meter of cold water.

Second- payment for thermal energy that was spent on heating 1 cubic meter of cold water.

The cold water component is the volume of cold water (CW) for hot water supply needs. If there are individual metering devices (meters), this component is determined - according to the readings of the hot water metering device (DHW), in the absence of an individual metering device - according to the standard, i.e. 3.5 cubic meters per 1 person. per month.

From January 1, 2015, residents of apartment buildings in Lyubertsy, which are equipped with common building meters, are charged for hot water according to a two-component tariff: component cold water for DHW and thermal energy component for DHW.

Payment for hot water for residents of the house must also be made according to a two-part tariff. The house is equipped with common house hot water metering devices. Payment for hot water from 07/01/2015 must be calculated according to the current two-component tariff: the cold water component for DHW (at a tariff of 33.28 rubles / cubic meter) and the thermal energy (TE) component for DHW at a tariff of 2141.46 rubles ./Gcal.

In receipts for payment for housing and communal services from July 1, 2015, “Hot water supply” is indicated in two lines:

Cold water supply for hot water supply - the volume of cold water (cold water supply) for hot water supply needs;

TE for hot water supply - thermal energy spent on heating 1 cubic meter of cold water.

The readings of a common house meter - the amount of hot water for the current month and the amount of thermal energy consumed in the current month for circulation and heating of the specified amount of water are shown on back side receipts, for example, are as follows:

1089.079 cu.m. m. - PV for hot water supply (physical water for hot water supply);

110.732 Gcal. - TE for hot water supply (thermal energy for hot water supply).

The actual amount of thermal energy that is spent on heating 1 cubic meter of cold water for a home is determined based on the total volume of thermal energy to the total volume of hot water for the current month, which is:

= TE for DHW / PV for DHW = 110.732 Gcal. / 1089.079 cu.m. m. = 0.1017 Gcal/cub.m

then, the actual cost of thermal energy spent on heating 1 cubic meter of water in the current month will be:

0.1017 Gcal/cub.m x 2141.46 rub. for 1 Gcal. = 217.79 rub.

Please note that the amount of thermal energy spent on heating 1 cubic meter of cold water in each billing month may differ, because is a calculated value and depends on the amount (volume) of hot water consumed by the house in the current month and the amount of thermal energy spent on circulating and heating this volume. Every month, these readings are taken from the general house heat energy meter and transferred to the heat supply organization and at the same time recorded on the back of the receipt for each current month.

A new column has appeared in receipts for utility services - hot water supply. It caused confusion among users, since not everyone understands what it is and why it is necessary to make payments on this line. There are also apartment owners who cross out the box. This entails the accumulation of debt, penalties, fines and even litigation. In order not to take matters to extreme measures, you need to know what DHW is, DHW heat energy and why you need to pay for these indicators.

What is DHW on the receipt?

DHW - this designation stands for hot water supply. Its goal is to provide apartments in apartment buildings and other residential premises with hot water at an acceptable temperature, but hot water supply is not the hot water itself, but the thermal energy that is spent on heating the water to an acceptable temperature.

Experts divide hot water supply systems into two types:

Central system. Here the water is heated at a heating station. After this, it is distributed to apartments in multi-apartment buildings.
Autonomous system. It is usually used in private homes. The principle of operation is the same as in the central system, but here the water is heated in a boiler or boiler and is used only for the needs of one specific room.

Both systems have the same goal - to provide home owners with hot water. In apartment buildings, a central system is usually used, but many users install a boiler in case the hot water is turned off, as has happened more than once in practice. An autonomous system is installed where it is not possible to connect to the central water supply. Only those consumers who use the central heating system pay for hot water supply. Users of an autonomous circuit pay for utility resources that are spent to heat the coolant - gas or electricity.

Important! Another column in the receipt related to DHW is DHW at one unit. Decoding ODN - general house needs. This means that the DHW column on one unit is the expenditure of energy on heating water used for the general needs of all residents of an apartment building.

These include:

technical work that is performed before the heating season;
pressure testing of the heating system carried out after repair;
repair work;
heating of common areas.

Hot water law

The law on hot water supply was adopted in 2013. Government Decree No. 406 states that users of a central heating system are required to pay a two-part tariff. This suggests that the tariff was divided into two elements:

thermal energy;
cold water.

This is how DHW appeared on the receipt, that is, the thermal energy spent on heating cold water. Housing and communal services specialists came to the conclusion that risers and heated towel rails, which are connected to the hot water supply circuit, consume thermal energy to heat non-residential premises. Until 2013, this energy was not taken into account in receipts, and consumers used it free of charge for decades, since the air in the bathroom continued to be heated outside the heating season. Based on this, officials divided the tariff into two components, and now citizens have to pay for hot water.

Water heating equipment

The equipment that heats the liquid is a water heater. Its breakdown does not affect the hot water tariff, but users are required to pay the cost of repairing the equipment, since water heaters are part of the property of homeowners in an apartment building. The corresponding amount will appear in the receipt for the maintenance and repair of the property.

Important! This payment should be carefully considered by the owners of those apartments that do not use hot water, since their housing has an autonomous heating system installed. Housing and communal services specialists do not always pay attention to this, simply distributing the amount for water heater repairs among all citizens.

As a result, these apartment owners have to pay for equipment they did not use. If you discover an increase in the tariff for repairs and maintenance of property, you need to find out what this is connected with and contact the management company for recalculation if the payment was calculated incorrectly.

Thermal energy component

What is this - a coolant component? This is heating cold water. The thermal energy component does not have a meter installed, unlike hot water. For this reason, it is impossible to calculate this indicator using a counter. How, in this case, is the thermal energy for hot water calculated? When calculating the payment, the following points are taken into account:

tariff set for hot water supply;
expenses spent on maintaining the system;
cost of heat loss in the circuit;
costs spent on coolant transfer.

Important! The cost of hot water is calculated taking into account the volume of water consumed, which is measured in 1 cubic meter.

The size of the energy fee is usually calculated based on the readings of the common hot water meter and the amount of energy in the hot water. Energy is also calculated for each individual apartment. To do this, water consumption data is taken, which is learned from the meter readings, and multiplied by the specific heat energy consumption. The received data is multiplied by the tariff. This figure is the required contribution, which is indicated on the receipt.

How to make your own calculation

Not all users trust the payment center, which is why the question arises of how to calculate the cost of hot water supply yourself. The resulting figure is compared with the amount on the receipt and on the basis of this a conclusion is made about the correctness of the charges.

To calculate the cost of hot water supply, you need to know the tariff for thermal energy. The amount is also affected by the presence or absence of a meter. If there is one, then readings are taken from the meter. In the absence of a meter, the standard for the consumption of thermal energy used to heat water is taken. This standard indicator is established by an energy saving organization.

If an energy consumption meter is installed in a multi-storey building and the housing has a hot water meter, then the amount for hot water supply is calculated based on general building metering data and the subsequent proportional distribution of the coolant among apartments. If there is no meter, the rate of energy consumption per 1 cubic meter of water and the readings of individual meters are taken.

Complaint due to incorrect calculation of receipt

If, after independently calculating the amount of contributions for hot water supply, a difference is identified, you must contact the management company for clarification. If the organization's employees refuse to provide explanations on this matter, a written complaint must be submitted. Company employees have no right to ignore it. The response must be received within 13 working days.

Important! If no response is received or it is not clear from it why this situation arose, then the citizen has the right to file a claim with the prosecutor’s office or a statement of claim in court. The authority will consider the case and make an appropriate objective decision. You can also contact organizations that control the activities of the management company. Here the subscriber's complaint will be considered and an appropriate decision will be made.

Electricity used to heat water is not a free service. Payment for it is charged on the basis of the Housing Code of the Russian Federation. Each citizen can independently calculate the amount of this payment and compare the data obtained with the amount on the receipt. If any inaccuracy occurs, you should contact the management company. In this case, the difference will be compensated if the error is recognized.

In accordance with the Decree of the Government of the Russian Federation dated May 13, 2013 No. 406 “On state regulation of tariffs in the field of water supply and sanitation,” with a centralized hot water supply system in a closed system, a two-component tariff for hot water is established, consisting of “ cold water component "(rub./m3) and " component for thermal energy "(RUB/Gcal). The resource supplying organization supplying hot water makes settlements with the utility provider (management company, HOA) for 2 resources: cold water - at the tariff for the “cold water component”; thermal energy - at the tariff for the “thermal energy component”. The value of the cold water component is calculated by the tariff regulatory authority based on the cold water tariff. The value of the thermal energy component is determined by the tariff regulatory authority in accordance with methodological instructions based on the following components: thermal energy tariff; maintenance costs centralized systems hot water supply in the area from central heating points (inclusive), where hot water is prepared, to the point on the border of operational responsibility of the subscriber and the regulated organization in the event that such costs are not taken into account in the tariff for thermal energy; · the cost of thermal energy losses in pipelines in the area from the facilities where hot water is prepared, including from central heating points, including the maintenance of central heating points, to the point on the border of the operational responsibility of the subscriber and the regulated organization in the event that such losses do not taken into account when setting tariffs for thermal energy; · costs associated with the transportation of hot water. Providers of utility services in accordance with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, approved by the Decree of the Government of the Russian Federation of May 6, 2011. No. 354 (hereinafter referred to as the Rules), calculate the amount of payment for the utility service for hot water supply for the volume of hot water consumed in cubic meters. In accordance with the Rules, the amount of payment (P i) for the utility service for hot water supply, in a room equipped with an individual device hot water metering is determined by the formula: P i = V i n * T to p (1), where: V i n is the volume (quantity) consumed during the billing period in i-th core or non-residential premises of a communal resource, determined according to the readings of an individual meter; T to p — tariff for a utility resource. Since the tariff for the utility resource “hot water” is set in the form of two components, the utility service provider with consumers of hot water makes payments for the components: cold water and thermal energy for hot water supply needs. Amount of thermal energy (Gcal/ m 3) for hot water supply needs per 1 m 3, as a rule, is determined by the utility service provider on the basis of general house (collective) readings of hot water meters and thermal energy in hot water. It should be noted that the utility service provider makes settlements with the resource supplying organization based on the readings of the same common house (collective) metering devices for hot water and thermal energy in hot water. The consumed amount of thermal energy in hot water in the i-room (Gcal) is determined by multiplying the amount hot water according to an individual metering device (m 3) by the specific consumption of thermal energy in hot water (Gcal/m 3). The volume of hot water determined according to an individual metering device (m 3) is multiplied by the tariff “component for cold water” (rub ./m 3) is the payment for cold water as part of hot water. The volume of thermal energy in the consumed hot water (Gcal) is multiplied by the tariff “thermal energy component” (rub./Gcal) - this is the payment for thermal energy as part of hot water water. In accordance with the information letter of the Federal Tariff Service of Russia dated November 18, 2014 No. SZ-12713/5 “On the issue of regulating tariffs for hot water in a closed hot water supply system for 2015,” it is said that the executive authorities of the constituent entities of the Russian Federation in the field of public regulation of prices (tariffs) has the right to make a decision on the establishment of tariffs for hot water in a closed hot water supply system per 1 cubic meter. m. In this case, the calculation of the tariff for hot water (T hot water) per 1 m 3 is made according to the formula: T hot water = T hot water * (1 + K pv) + US central heating + T t/e * Q t/e (2), where :T hvs - tariff for cold (rub./cubic m); T t/e - tariff for thermal energy (rub./Gcal); K pv - coefficient taking into account water losses in closed heat supply systems from central heating points to the point connections; US central heating - specific costs for the maintenance of hot water supply systems from central heating points to the boundaries of the balance sheet of consumers (without taking into account losses) in the event that such costs are not taken into account in tariffs for thermal energy (power), per 1 cubic meter. m;Q t/e - the amount of heat required to prepare one cubic meter of hot water (Gcal/cub. m). At the same time, the amount of heat for preparing one cubic meter of hot water (Q t/e) is determined by calculation, taking into account heat capacity, pressure, temperature, density of water, losses of thermal energy in risers and heated towel rails. Thus, the charge in the receipt for hot water depends on the form in which the regulatory authority has set the tariff for hot water: for two components (cold water and thermal energy ) or per cubic meter. In question the amounts of charges for 2 components (cold water and thermal energy) are given, but the municipality and tariffs for the components are not indicated. If we assume that hot water consumption was 10 m3, then the tariff for the “cold water component” is 331 rubles. / 10 m 3 = 33.10 rubles/m 3. If we assume that the tariff for the “thermal energy” component is 1800 rubles/Gcal, the amount of thermal energy consumed is: 1100 rubles. /1800 rub./Gcal = 0.611 Gcal, respectively, to heat 1 m 3 of hot water, the thermal energy consumption was 0.611 Gcal / 10 m 3 = 0.0611 Gcal/m 3. Chief Economist of the Yurenergo Group of Companies Isaeva T.V.

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Where to write a complaint

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Where to write a complaint

Gcal, coolant, hot and network water

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What did the court find?

conclusions

What is DHW on the receipt?

Hot water law

Water heating equipment

Thermal energy component

How to make your own calculation

Complaint due to incorrect calculation of receipt