Russians will no longer have to install meters for gas, water and electricity at their own expense. The State Duma Committees on Natural Resources and Economic Policy proposed to shift this responsibility from residents to suppliers.

Corresponding amendments to the Housing Code may be considered as early as November. Now about 30% of residents who do not have metering devices are required to pay at an increased rate. With the adoption of the amendments, they will be exempted from such expenses until their apartments are equipped with metering devices. The Ministry of Construction and the Ministry of Energy conceptually support the initiative of the deputies.
Now the consumer has virtually no obligation to install meters for heat, electricity and gas. At the same time, if the device is not available, the citizen pays a surcharge. Since July 1 last year, it has been set at 50% of the base rate.
This is unfair to the consumer, according to a group of State Duma deputies headed by the first deputy chairman of the Committee on Natural Resources, Property and land relations Yuri Afonin and Deputy Chairman of the Committee for Economic Policy, Innovative Development and Entrepreneurship Nikolai Arefiev. They prepared amendments to the Housing Code (Part 1, Article 157) and the Federal Law "On Energy Saving ..." ("Izvestia" got acquainted with the document). These proposals are also supported by Pavel Zavalny, head of the relevant State Duma energy committee. The proposed amendments will save residents' money not only for installation, but also for utility bills. According to the law "On Energy Saving ..." since 2014, for Russians who do not have meters, a multiplying coefficient was introduced to the tariff for services. From January 1, 2015, it was 1.1, but from July 1, 2016 - already 1.5. According to the proposals of the deputies, the multiplying factor will not be applied until the consumer himself refuses to install the equipment at the expense of the supplier. According to the Ministry of Construction and Housing, about 70% of the country's households now have meters.
“This draft law imposes the obligation to install, control and replace metering devices on organizations providing public utilities. This corresponds to the canons of a market economy, metering devices are installed by those who are interested in this,” the deputies noted in an explanatory note.
A similar initiative at a meeting of the Presidium of the Council of Legislators on October 31 was made by Deputy Chairman of the State Duma Irina Yarovaya. During the discussion of the issue, her proposal was supported by representatives of the Federal Antimonopoly Service (FAS) and the Ministry of Construction.
The Ministry of Energy also spoke in favor of transferring responsibility for meters to suppliers. This will give impetus to the development of intelligent metering of electrical energy in the country, Izvestia was told in the press service of the department.
- With the introduction of smart metering of electric energy, the main benefits for energy companies will be the reduction of theft, reduction of costs and the formation of a transparent mechanism for the interaction of networks with energy sales organizations. The consumer will not have to submit meter readings every month, this will be done automatically, the department noted. - By replacing old devices with new ones within 15 years, we will be able to completely renew the fleet of metering devices. Power engineers, however, do not agree to move so quickly to a new model of work. The amendments will require the inclusion of meter costs in the tariff, which in turn will lead to cross subsidization: residents who have already installed meters will pay for those who have yet to do this, the press service of a large supplier of heat and electricity, the Kvadra company, noted. In addition, it is not clear what is considered the owner's refusal to allow the installation of metering devices, the company added.
Metering devices require special conditions for installation and normal use, which only the owner can provide. If the device fails, it is not clear who will be responsible for it, says a representative of the generating company Fortum.
It is necessary to move in stages, starting with the transfer of common house metering devices to resource-supplying organizations, and only then move on to individual ones, moreover, with the parallel installation of smart metering systems, a representative of the T Plus company believes.
Representatives of Gazprom Mezhregiongaz and Enel, as well as the FAS, declined to comment.
The Ministry of Construction and Housing and Public Utilities is not yet familiar with the amendments, but supports the transition to the installation of metering systems at the expense of suppliers. These should be modern meters equipped with online transmission of information directly to the supplier, Andrei Chibis, deputy head of the department, told Izvestia. He also noted that simply “by shifting the installation of individual metering devices to resource supply companies, we will not make the system more transparent and efficient, while online metering systems with remote data transmission are capable of this.”
energy By shifting the obligation to equip apartments with metering devices to suppliers, the state will solve another problem. Often, third-party organizations deceive residents by offering to reinstall supposedly outdated meters. For example, in Moscow, citizens receive monthly ominous warnings about the reinstallation of water meters, although their service life is far from expired, the deputies point out in their initiative. Often this becomes the cause of litigation between residents and resource supply companies, confirmed Vladimir Starinsky, managing partner of the Starinsky, Korchago and Partners bar association.
According to him, from a legal point of view, there are no obstacles to making the installation of meters the responsibility of resource providers. In addition, this will significantly increase the growth rate of the share of houses equipped with meters - the installation of equipment will be in the interests of the supplier, the expert believes.
If the multiplying factor for tenants who do not have meters is canceled, the payment will decrease by 30-40%, Dmitry Kumanovsky, head of the analytical department of the LMS investment company, predicts.
According to Pavel Zavalny, head of the relevant State Duma energy committee, the amendments can be adopted simultaneously with other amendments, thanks to which suppliers will collect utility bills themselves, bypassing management companies. As Izvestia wrote, the Ministry of Construction is currently working on the corresponding initiative.

The question is answered by a lawyer, an expert in the field of housing and communal services Dmitry Migunov:

Hello! There is no direct indication in the law that the owner can be forced to install a meter. From the point of view of the current legal norms, the ability to force the owner to install a meter looks ambiguous. The answer to such a question must be given by the court. Arbitrage practice on imposing on the owner the obligation to install an individual metering device in Russia exists, but we are talking about isolated cases. However, there are ways to push the owner to voluntarily install a meter. In accordance with the rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of 06.05.2011 N 354, hereinafter referred to as the “Rules”), in the absence of an individual meter, the amount of electricity consumed is calculated based on the consumption standard. In this case, the resulting amount of energy is multiplied by 1.5. That is, for an owner who does not have a meter (if there is a technical possibility for installing it), the amount of the fee increases significantly. As for the discrepancy between the number of citizens registered and actually living in the apartment, the same rules provide for a way to deal with such a situation. According to clause 56 (1), if the dwelling is not equipped with an individual or common (apartment) cold water meter, hot water, electricity and gas and the contractor has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of stay, the contractor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises. The specified act is signed by the executor and the consumer, and in case of the consumer's refusal to sign the act - by the executor and at least 2 consumers and a member of the council apartment building in which a partnership or cooperative has not been established, by the chairman of the partnership or cooperative, if the management of an apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has concluded a management agreement with the managing organization. This act shall indicate the date and time of its compilation, last name, first name and patronymic of the owner of the residential premises (permanently resident consumer), address, place of residence, information on the number of temporarily resident consumers, and also, if it is possible to determine the date of the beginning of their residence and subject to the signing of the act by the owner of the residential premises (permanently resident consumer), the date of the beginning of their residence is indicated. In the event that the owner of the residential premises (permanently resident consumer) refuses to sign the act or the owner of the residential premises (permanently resident consumer) is absent from the residential premises at the time of drawing up the act, a corresponding note is made in this act. Based on this act, the utility service provider has the right to calculate the amount of consumed resources in accordance with the actual number of citizens living in the apartment.
The absence of electricity meters from your neighbors should not affect the amount of your payment for ODN, since ODN is currently calculated according to the standard. If the managing organization is trying to compensate for its losses at your expense, this is a reason to contact the prosecutor's office or the State Housing Inspectorate.

The obligation to install metering devices for communal resources is defined in Art. 13 of the Federal Law No. 261 dated November 23, 2009 “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law on Energy Saving). In accordance with Art. 5 of the above Federal Law, until July 1, 2012, the owners of premises in apartment buildings are required to ensure that houses are equipped with water, heat, electric energy meters, as well as input installed appliances accounting for operation. If the owners have not installed the meters, the obligation to install them passes to the resource supplying organizations. That is, the meters will be installed by Vodokanal, Heating Systems and Energosbyt, the installation period in this case is set to July 1, 2013.

In connection with these provisions, citizens have many questions.

What individual metering devices can be used?

Electrical energy meters

According to paragraph 138 of the RF PP dated May 4, 2012 No. 442 “On the functioning of retail electricity markets, full and (or) partial restriction of the electricity consumption mode”, a requirement for the population to use electric meters with an accuracy class of 2.0 and higher.

Electric meters must be entered in the state register of measuring instruments that have been certified and approved for operation on the territory of the Russian Federation.
Old electricity meters with an accuracy class of 2.5 or less are currently being withdrawn from circulation.

In accordance with GOST 6570–96, since July 1, 1997, the production of electric energy meters of accuracy class 2.5 is prohibited. By the decision of the Scientific and Technical Committee of the State Standard of Russia on metrology and measuring equipment of 06/01/1999 and 09/12/2000 (minutes No. 12), these instruments are not subject to verification and must be successively replaced by modern meters of accuracy class 2.0. At the same time, the transition to the measurement of electricity by meters of class 2.0 is carried out gradually, only after the expiration of the period for checking the calibration interval of the meter or as a result of their failure. Therefore, after the calibration interval has elapsed, such a device must be replaced.

In accordance with Art. 30 of the Housing Code of the Russian Federation, the owner of the premises must calibrate or replace the meter.

If the metering device has not been checked or replaced, then in accordance with paragraph 31 of the Rules for the provision of public services to citizens (Decree of the Government of the Russian Federation of May 23, 2006 No. 307), the calculation of utility bills is carried out according to the standards or indications of a common house metering device, if all other residents do not have individual metering devices.

As an example, consider the appeal ruling of the Vilegodsky District Court of the Arkhangelsk Region in case No. 11-5 dated May 24, 2012.

From the materials of the case. OAO «Arkhangelsk sales company» filed a lawsuit against Bachina K.The. for the recovery of 14 thousand 134 rubles. 20 kop. on account of the debt for consumed energy in the period from 03/01/2011 to 10/01/2011. In support of the claim, the plaintiff indicated that the defendant, living in own house uses electricity and is obliged to pay for it in a timely manner. However, K.V. For a long time, Bachina partially paid for the consumed electrical energy, in connection with which she had a debt for the period from 03/01/2011 to 10/01/2011 in the amount of 14 thousand 134 rubles. 20 kop.
The Court of First Instance satisfied the claims of OAO Arkhangelsk Sales Company.

Defendant K.V. Bachina, in her appeal, asks to cancel the decision of the justice of the peace, believing the court's conclusion about the unaccounted consumption of electricity by her unreasonable. So, living in her own house, she used electricity, paying for it according to the readings of the electricity meter. At the same time, no claims were made to her regarding accounting and payment for consumed electricity. The electric meter was installed by a specialist and sealed, was not lost or damaged, according to his testimony, invoices were issued for payment. On her part, no actions aimed at distorting the data of the meter were committed and the court did not establish. She was not aware of the need to comply with the verification deadlines. In addition, clauses 31 and 34 of the Rules for the provision of public services apply to consumer citizens who use electricity for domestic purposes without proper accounting, but for cases where the meter is used after the verification period has expired, the possibility of such a recalculation has not been established.

Having examined and analyzed the evidence provided by the parties, the court court of appeal believes that, according to the arguments appeal There are no grounds for overturning the judge's decision.

The magistrate established and found confirmation in the court of appeal the following circumstances.

According to paragraph 1, 4 of Art. 539 of the Civil Code of the Russian Federation under an energy supply agreement energy supply organization undertakes to supply the subscriber (consumer) through the connected network with energy, and the subscriber undertakes to pay for the received energy, as well as to comply with the mode of its consumption stipulated by the contract, to ensure the safety of operation of those under his control energy networks and the serviceability of the devices used by him related to energy consumption. In accordance with paragraph 1 of Art. 540 of the Civil Code of the Russian Federation, in the event that a citizen using energy for domestic consumption acts as a subscriber under an energy supply agreement, the agreement is considered concluded from the moment the subscriber is first actually connected in the prescribed manner to the connected network. Unless otherwise provided by agreement of the parties, such an agreement is considered concluded for an indefinite period and may be amended or terminated on the grounds provided for in Art. 546 of the Civil Code of the Russian Federation.

The magistrate established and found confirmation of the following circumstances.

From the statement (case sheet 22) it follows that according to the personal account No. __, opened in the name of K.V. Bachina, the defendant was charged for the consumed electrical energy in a residential building.

On September 22, 2011, during a scheduled inspection of the consumer K.V. Bachina in her residential building, it was revealed that the installed metering device - an electric meter SO-2 No. __ with a MPI period of 16 years, was verified in 1959, and the fact of non-metered consumption of electrical energy by the consumer, expressed in violation of the MPI period, was recorded. In this regard, an order was issued to restore electricity metering, and the volume of unmetered electricity consumption was calculated for the period from 03/01/2011 to 10/01/2011, taking into account two rooms and one person living in the house, which amounted to 6979.12 kW ∙ h: 37.93 (standard consumption per 1 person per day) x 184 (number of days in the above period).

This circumstance served as the basis for the additional charge of consumed electric energy in the amount of 6979.12 kW ∙ h in the amount of 14 thousand 134 rubles. 20 kop.
On November 1, 2011, a new electric meter was installed in the defendant's residential building.

By virtue of h. 1 Article. 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually consumed by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties.

According to the letter of the State Energy Supervision Authority of the Russian Federation dated 10/18/2000 No. 32–05–11 / 21 “On the limitation of the service life of single-phase electricity meters of class 2.5”, the operation of consumed electricity metering devices is limited from 01/01/2000. Based on this, the conclusion of the justice of the peace that that the defendant operated a faulty electrical energy meter is true and confirmed by the case file.

By virtue of Art. 157 of the Housing Code of the Russian Federation, clause 31 of the Rules for the provision of public services to citizens, the amount of payment for public services is calculated based on the volume of consumed public services, determined by the readings of metering devices, and in their absence (malfunction) based on the standards for the consumption of public services approved by the state authorities of the subjects Russian Federation in the manner prescribed by the decree of the Government of the Russian Federation.

In accordance with the Decree of the Government of the Arkhangelsk Region of August 10, 2010 No. 230-pp “On approval of the standards for the consumption of electrical energy by the population of the Arkhangelsk Region for domestic purposes in the absence of metering devices”, the energy consumption standard for citizens living in individual residential buildings(two rooms) with one person living was 1154 kW ∙ h; this value is also reflected in the calculation of the debt.

Thus, the conclusion of the justice of the peace that, in view of the discovery of the fact of a violation of electricity consumption, the subscriber was reasonably billed for payment of the cost of unaccounted electricity consumed for the period from 03/01/2011 to 10/01/2011 in the amount of 14 thousand 134 rubles . 20 kop. taking into account the payments made by the defendant Money for the specified period. No other evidence has been provided.

Based on the foregoing, the arguments of the appeal are unfounded.

Consequently, the decision of the magistrate is subject to leave unchanged, and the complaint - without satisfaction.

So, the following individual electricity meters are subject to replacement:
1) technically defective (the case is damaged, the disc does not rotate, the numbers of the counting mechanism do not switch, or there are mechanical damage to the case);
2) with an overdue state verification period;
3) in the absence of a seal;
4) electric meters of accuracy class 2.5.

Individual water meters

The rules for the use of public water supply and sewerage systems in the Russian Federation (Government of the Russian Federation of February 12, 1999 No. 167) do not regulate the accuracy class of water meters. For installation in housing stock, as a rule, vane metering devices for cold and hot water (up to 90 degrees Celsius) with a counting mechanism isolated from water (dry meters) are used. The meters must be certified by the State Register of Measuring Instruments of the State Standard of the Russian Federation.

Installation of water meters is mandatory. The Federal Law "On Energy Saving" stipulates the obligation of owners of premises to install meters before 07/01/2013 in all apartment buildings, residential, country or garden houses with a centralized supply of resources.

An owner who wants to install water meters can conclude an agreement with a specialized organization for the installation of water meters, which stipulates specific services (design, installation, commissioning, Maintenance etc.).

The consumer or a specialized organization, on his behalf, performs the installation of a verified meter.

Cold water meters have a calibration interval of 5 years of service, and hot water meters are checked from 4 years of service.

It is important to note that in accordance with the order of the Ministry of Regional Development of Russia dated December 29, 2011 No. 627 “On approval of the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices”(for example, the installation of metering devices is impossible without reconstruction, overhaul or laying of new engineering systems).

According to paragraph 3 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation non-compliance with the design, construction, reconstruction, overhaul buildings, structures, structures of energy efficiency requirements, the requirements for their equipment with metering devices used energy resources is an administrative offense.

Who should pay for the installation of meters?

According to Art. 13 part 5 of the Energy Saving Law owners are obliged to equip their houses with metering devices for used water, natural gas, thermal energy, electric energy, as well as putting the installed metering devices into operation.

Also, despite the fact that the electric meter is located on the landing, it takes into account the electricity consumption of a separate apartment, thus, it refers to the property of the owner (tenant) of the apartment. Consequently, the owner must bear the burden of maintaining the property belonging to him (Article 210 of the Civil Code of the Russian Federation). Accordingly, the owner bears the costs of replacing a meter that does not meet the requirements.

If the owner is not able to pay for the metering device and its installation at a time, then the resource supplying organization is obliged to provide an installment plan for payment for up to 5 years. The interest for the loan is set at the refinancing rate of the Central Bank of the Russian Federation. In this case, it is necessary to conclude an installment payment agreement.

Owners who have not fulfilled their obligations to equip housing with metering devices for used energy resources within the prescribed period must pay resource-supplying organizations the costs of installing metering devices and their delivery to the installation sites of metering devices. In case of refusal to pay expenses on a voluntary basis, the owners must also pay the expenses incurred by these organizations in connection with the need for enforcement.

Many resource-supplying organizations abuse their rights and charge fees for sealing metering devices. If the owner refuses to pay for such a service, organizations refuse to register metering devices, which means they do not accept readings from them. However, imposing a sealing service is illegal, and it is also illegal to charge a fee for it.

As an example, consider the decision of the Abakan City Court in 2012.

From the materials of the case. The Office of Rospotrebnadzor for the Republic of Khakassia, acting in the interests of an indefinite circle of consumers, filed a lawsuit against ZHEUK "Kh." on the protection of consumer rights with the requirement to recognize as illegal the actions of ZHEUK "Kh." on collection of payment for sealing of metering devices (meters), payment of related transportation costs.

At the court session, the representative of the plaintiff Kh. explained to the court that the defendant, being obliged to seal the installed water consumption meters, unlawfully charges for this, as well as for transportation costs associated with sealing the meters. The representative asks the court to satisfy the claim, explaining that the court decision will serve as the basis for recalculating the service for consumers.

After listening to the explanations of the representatives of the parties, having studied the materials of the case in their totality, the court came to the following.

From the copy of the receipt submitted to the case file, it follows that LLC ZhEUK "Kh." received from citizen M. 370 rubles. for sealing two counters and 70 rubles. transport costs, only 440 rubles.

By virtue of paragraph 1 of Art. 16 of the Law "On Protection of Consumer Rights", the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.

Pursuant to part 2 of this article of the law, it is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services).

RF GD dated August 13, 2006 No. 491 “On approval of the rules for maintaining common property in apartment building and the rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration "it was determined that the composition of common property in in an apartment building, in-house engineering systems of cold and hot water supply are switched on, consisting of risers, branches from risers to the first disconnecting device located on branches from risers, these disconnecting devices, collective (general house) cold and hot water meters, the first shut-off and control valves on branches of intra-apartment wiring from risers, as well as mechanical, electrical and other equipment located on these networks.

Art. 157 of the Housing Code of the Russian Federation, it is determined that 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 consumption standards.

Since metering devices at the time of sale already have a verification seal, in fact, when the management company seals the metering devices, the connection of individual metering devices with the water supply system is sealed.

Subparagraph "d" of clause 52 of the Rules provides that the consumer is obliged to ensure the safety of seals on collective (common house) and individual metering devices and distributors installed in the living quarters. However, the Rules do not provide for the right to install seals at the expense of citizens-consumers. The obligation to seal metering devices or other sealing, including the places where individual metering devices are connected to common property in an apartment building, is not provided for either by the specified regulatory act or other legal acts of the Russian Federation.
The court decided to satisfy the claim of the Office of Rospotrebnadzor for the Republic of Khakassia in defense of an indefinite circle of persons.

In connection with the above, the paid sealing of metering devices, as well as the collection of transport costs, are imposed services that are not based on the law. These services are the responsibility of the management company.

The Federal Law of November 28, 2009 No. 261-FZ “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation” (part 5 of article 13) obliges owners of residential buildings to ensure that their homes are equipped with water metering devices, as well as put the installed metering devices into operation. The commissioning of an installed water meter, according to this law, does not oblige a citizen to obtain permission to put the meter into operation, but fixes the obligation to operate the meter, ensure its proper preservation and timely replacement.

If the apartment is municipal property (not privatized), the authorized body of local self-government acts as the owner, and the citizen is the tenant. Thus, the installation and replacement of metering devices, respectively, should be carried out by the local government.

Consider as an example decision of the Obluchensky District Court of the Jewish Autonomous Region of 08/09/2012

From the materials of the case. A.S. Tishin appealed to the Obluchensky District Court of the EAO with statement of claim to the administration of the municipality with a statement of claim for the obligation to install individual metering devices used energy resources, recovery of material damage and compensation for non-pecuniary damage. The plaintiff motivated his claims by the fact that in the apartment where he lives, from the moment of settlement, there are no individual meters for accounting for consumed energy resources, the energy supply organization calculates for the consumption of energy resources based on the size of the regional standard. A.S. Tishin believes that he consumes much less energy resources, since he lives alone, the house has only a TV and three light bulbs. The plaintiff also considers the consumption of hot and cold water to be incommensurable with the invoices issued to him. To determine the actual consumption of energy resources, he is forced to install individual meters for accounting for consumed energy resources. The apartment in which he lives is in municipal ownership, the plaintiff uses it on the basis of a social tenancy agreement concluded between him and the administration of the municipality. In January 2010, he applied to the administration with an application to install an individual electricity consumption meter for him, but his application was denied due to the lack of funds from the administration. A.S. Tishin believes that the district administration ignored his request. In addition, the plaintiff does not have the financial ability to independently install meters. The failure of the administration of the municipality to fulfill its obligations led to the fact that JSC "" recovered the resulting debt from the plaintiff.

The plaintiff regularly pays utility bills, but pays a smaller amount of the bill, t.to. unable to pay the full amount. He believes that throughout the entire period of residence in the apartment he pays more for energy resources than he actually consumes them, in addition, he constantly worries that he will be evicted from the apartment, his health has worsened over two and a half years. The plaintiff asks the court to oblige the administration of the municipality to install individual metering devices for the energy resources used; recover from the administration of the municipality material damage and compensation for non-pecuniary damage.

The Court, after hearing the explanations of the parties, examining the written materials of the case, came to the conclusion that the claims Tishina A.C. subject to satisfaction in part for the following reasons.

In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.
Other regulation, according to which the burden of maintaining energy networks, mechanical, electrical, sanitary and other equipment that are integral part residential premises, is assigned to the owner of the residential premises, provided for by the Housing Code of the Russian Federation.
Part 3 Art. 30 of the Housing Code of the Russian Federation obliges the owner of a dwelling to bear the burden of its maintenance.

Part 2 of Art. 676 of the Civil Code of the Russian Federation provides that the landlord is obliged to carry out the proper operation of the residential building in which the rented residential premises are located, provide or ensure the provision of the necessary utilities to the tenant for a fee, ensure the repair of the common property of the apartment building and devices for the provision of communal services located in the residential room.

Thus, the administration of the municipality as the owner of the dwelling in which the plaintiff A.S. Tishin, the obligation to provide the apartment with metering devices for used water, electric energy, as well as putting the installed metering devices into operation should be assigned.

Thus, the court concluded that the claims of A.S. Silence regarding the obligation of the administration of the municipality to install an electric energy meter in the apartment is subject to satisfaction.

It is important to note that, in accordance with Art. 158 of the Housing Code of the Russian Federation, the owner of premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of residential premises. That is, the owners of apartments in an apartment building must install common house metering devices at their own expense.

Who has the right to install individual meters?

In accordance with the Law on Energy Saving, the installation, replacement and operation of metering devices are entitled to be carried out by resource-supplying and specialized organizations. The organization must be a member of a self-regulatory organization in construction and have an appropriate certificate of admission to this species works.

Moreover, energy providers obliged carry out activities for the installation, replacement, operation of metering devices for the energy resources used, the supply of which or the transfer of which they carry out.

The Federal Antimonopoly Service and the Federal Service for Ecological, Technological and Nuclear Supervision and their territorial bodies in the constituent entities of the Russian Federation monitor compliance with the obligations for the installation of metering devices.

Who carries out and pays for the verification of individual metering devices?

It is the responsibility of the owner to ensure the reliability of the readings of metering devices, therefore, the verification of the device is paid from the owner's own funds.

It is important to note that the operation of an unverified meter is prohibited, moreover, it is regarded by the energy supplier as the absence of a meter with all the ensuing consequences for the consumer.

So, summing up the above, we draw conclusions.

1. The owners and tenants of residential premises are not required to coordinate the installation of intra-apartment metering devices with anyone.

2. The owner himself chooses the make and model of the metering device, subject to the following conditions: it must be included in the State Register of Measuring Instruments of the Russian Federation, have certificates of conformity and a stamp of state verification. There must be a special sign in the technical passport for the device.

3. The meter must be put into operation. To do this, invite representatives of the managing organization to draw up an act of admitting the device into operation.

4. The metering device with the frequency indicated in the passport is subject to verification in an organization that has the appropriate license.

It is important to note that the Law on Energy Saving amended the Code of Administrative Offenses of the Russian Federation.
Art. 9.16 of the Code of Administrative Offenses of the Russian Federation. Violation of the legislation on energy saving and on increasing energy efficiency entails a system of fines:

• for non-compliance with the requirements for equipping a residential building with metering devices by persons responsible for the maintenance apartment buildings, a fine for a responsible person from 10 to 15 thousand rubles, for legal entities- from 20 to 30 thousand rubles;
• for non-compliance with the requirements for suppliers of energy resources on the proposal to install metering devices to owners of residential buildings, country houses, garden houses and their representatives - a fine of officials from 20 to 30 thousand rubles, for legal entities - from 100 to 150 thousand rubles;
• for unjustified refusal or evasion of the organization, which is entrusted with the obligation to install, replace, operate metering devices for the energy resources used, from concluding the relevant agreement and (or) from its execution, as well as violation established order its conclusions or non-compliance with the mandatory requirements established for it on the installation, replacement, operation of metering devices for the energy resources used - a fine for officials from 20 to 30 thousand rubles; on individual entrepreneurs- from 20 to 30 thousand rubles; for legal entities - from 50 to 100 thousand rubles.

It all started with the adoption in 2009 of the Federal Law of November 23 No. 261-FZ “On Energy Saving and Energy Efficiency Improvement and on Amendments to Certain Legislative Acts Russian Federation”, according to which homeowners must install meters for metering consumed water, heating, gas. The deadline for the implementation of this law is pushed back every year, despite the increase in housing and communal services tariffs. At the end of 2014, once again, the President of the Russian Federation signed an act on the abolition of the mandatory installation of gas meters, which previously had to be installed in 2015. This act did not affect water consumption control devices.

Now that the question of the mandatory installation of gas meters is no longer an issue (you will have to install a meter for water anyway), the public began to look for ways either not to do this at all, or how to do it cheaper. Unfortunately, as is usually the case, it takes a lot of time and money for ordinary citizens from the adoption of a law to its implementation.

So, for example, before 2015, when there was the height of hysteria about huge fines for those who did not install meters, various companies went from house to house and offered their own services in installing meters. It would seem nothing suspicious if it were not for the doubled, tripled price. For some, healthy skepticism prevailed over the intimidation and exhortations of sellers, while others succumbed to persuasion. As a result, the very idea of ​​installing control meters discredited itself in the eyes of the public. An example of this is the figure of 60%, namely, how many people from the entire population of the country have installed meters in their homes. The vast majority of these 60% are pensioners, due to the fact that in many regions of the country of the privileged category of citizens, management companies installed meters free of charge.

The category of citizens who have not installed individual metering devices for themselves and are not going to install them in the future, explains this by high, in their opinion, prices, and the time spent on installing them, and the imminent need to change the meter, etc. I must say that all these fears are quite justified and they did not arise from scratch.

Sanctions and fines for the lack of a water meter in 2020

When in 2009 the above-mentioned federal law dated November 23, 2009 No. 261-FZ, it did not contain sanctions against the category of citizens who did not comply with it. Things were also the same with subsequent acts on the transfer of the mandatory equipment of utility systems. installed meters water. The legislation provides that people who do not install meters before 2020 will not be fined or subject to any form of administrative punishment.

Simply, starting from 2015, housing and communal services tariffs are paid according to the standards with an increased coefficient.

In accordance with the current legislation (Decree of the Government of the Russian Federation of May 23, 2006 N 306 "On Approval of the Rules for Establishing and Defining Standards for the Consumption of Utilities"), the following multiplying factors are established when paying for hot and cold water without counters:

• from January 1, 2015 to June 30, 2015 - 1.1;
• from July 1, 2015 to December 31, 2015 - 1.2;
• from January 1, 2016 to June 30, 2016 - 1.4;
• from July 1, 2016 to December 31, 2016 - 1.5;
• from 2017 to the present - 1.6.

At the same time, these coefficients can only be applied if it is technically possible to install the appropriate metering devices.

In addition, management companies can install meters without the consent of the tenant, collecting funds from him for installation in judicial order. This provision is already being disputed by human rights activists, since it is not clear how exactly the installation will be carried out without the consent of citizens and on what grounds. And also, given the high percentage of corruption among officials, such a power plant of control devices can only worsen the situation of ordinary citizens who want to save their time and simply pay an increased price for utilities. This is also a free and completely legal choice within the framework of the Constitution of the Russian Federation.

Where to go to install meters and how much it will cost

According to the Decree of the Government of the Russian Federation of September 4, 2013 No. 776 “On approval of the rules commercial use water, Wastewater”, the commissioning of metering meters for citizens should be free. The sealing of the device after verification should also be free of charge.

Knowing this, you should contact the management company with an application to install a water meter. If the management company itself is not involved in the installation, it is obliged to provide a list of organizations that install meters. If the apartment is in municipal ownership, the installation will be free. Installation of metering devices in a privatized apartment will cost its owner about 4,000 - 7,000 rubles, depending on the volume and complexity of the work.

The water meter itself, as a rule, is already available from the masters who will come to install it after a preliminary inspection. You can buy the counter yourself, after again consulting with the master on the subject specifications and device tasks.

After installing the meter, you need to call a specialist from the management company to sign the act of putting the device into operation. Next comes the conclusion of an agreement on payment according to the meter data and fixing the procedure for recording readings from the device. You must have an agreement for the installation of the meter, a meter passport, an act on putting the device into operation and a certificate of conformity with you.

When water meters can not be installed

Recall that control meters are not placed in dilapidated housing, officially recognized as such, or if communications are highly worn and need to be replaced. Houses with so-called low electricity consumption are also not subject to metering devices. The main thing is to document the impossibility for one reason or another to install a counter at home. This can be done upon request either by the management company itself, or an application is written to Rospotrebnadzor, which, in turn, sends a specialist for examination.

Also, the reason not to install a water meter in your apartment is the inability to read its readings due to the engineering features of the water supply system in the apartment. Confirmed given fact also through the management company.

Is it profitable to install a water meter

By itself, a water meter can cost from 500 rubles, but its installation will cost the owner about 3,000 rubles. If the pipes are copper, then the installation is more expensive, about 6,500 rubles. This, of course, if the apartment is privatized. In some regions, municipally owned apartments are equipped with water meters for free.

The long payback period of the meter is also an argument against the installation. With regard to the annually rising tariffs for utilities, in this regard, of course, it is beneficial to have a meter in order to pay exactly for what you consume. However, this argument does not convince citizens who decide to sabotage the installation of meters. They retort with the fact that the average annual savings will be a maximum of 1000 rubles, and this amount will not do much for the family budget.

In fact, when paying for water according to consumption standards, it must be taken into account that the savings will depend on the number of registered and living citizens. So, if a family of 4 people lives in an apartment - two adults and two children, savings on payment by meters will reach up to 500 rubles per month. And if he lives in an apartment the large family, with five or more children, savings on water bills will be more than 1000 rubles.

Prepared by "Personal rights.ru"