What is hot water heating. Thermal energy is heating or hot water. What is DHW in a receipt

In accordance with Decree of the Government of the Russian Federation of 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 closed system a two-component tariff for hot water is set, consisting of “ component for cold water "(Rub / m 3) and" component for thermal energy "(RUB / Gcal). The resource supplying organization supplying hot water makes settlements with the utility service provider (management company, HOA) for 2 resources: · cold water - at the tariff for the“ cold water component ”; · heat energy - at the tariff for “heat energy component”. The value of the component for cold water is calculated by the tariff regulator based on the tariff for cold water. The value of the component for heat is determined by the tariff regulator in accordance with the guidelines based on the following components: · tariff for heat; · costs for the maintenance of centralized hot water supply systems in the area from central heating points (inclusive), where hot water is prepared, to the point on the border of the operational responsibility of the subscriber and the regulated organization, if such costs are not taken into account in the tariff for heat energy; The cost of heat energy losses in pipelines at the site from facilities where hot water is prepared, including from central heating points, including the maintenance of central heating points, to a point on the border of the operational responsibility of the subscriber and the regulated organization if such losses are not taken into account when setting tariffs for thermal energy; · costs associated with the transportation of hot water. Performers of utilities in accordance with the "Rules for the provision of utilities 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. No. 354 (hereinafter referred to as the Rules), calculate the amount of payment for utility services for hot water supply for the volume of consumed hot water in cubic meters. In accordance with the Rules, the amount of payment (P i) for utility services for hot water supply, in a room equipped with an individual appliance study that hot water is determined by the formula: P i \u003d V i n * T to p (1), where: V i n is the volume (quantity) consumed during the billing period in i-th residential or non-residential premises communal resource, determined according to the readings of an individual meter; T to p - tariff for a communal resource. Since the tariff for a communal resource " hot water» is installed in the form of two components, the utility service provider with hot water consumers calculates for the components: cold water and thermal energy for hot water supply needs. The amount of thermal energy (Gcal / m 3) for hot water supply needs per 1 m 3, as a rule , the contractor of public services is determined 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 general house (collective) metering devices for hot water and heat energy in hot water. The consumed amount of heat energy in hot water in the i-room (Gcal) is determined by multiplying the amount hot water by an individual metering device (m 3) for the specific consumption of heat energy in hot water (Gcal / m 3). The volume of hot water, determined by 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 heat energy in consumed hot water (Gcal) is multiplied by the tariff "component for thermal energy" (rubles / Gcal) - this is the payment for heat 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. СЗ-12713/5 “Regarding the regulation of 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 region state regulation prices (tariffs) have the right to make a decision on the establishment of tariffs for hot water in a closed hot water supply system per 1 cu. m. At the same time, the calculation of the tariff for hot water (T gws) per 1 m 3 is made according to the formula: T gws = T hws * (1 + K pw) + US ctp + T t / e * Q t / e (2), where : Т хвс - tariff for cold (rubles / cubic meters); Т т / е - tariff for heat energy (rubles / Gcal); К пв - coefficient taking into account water losses in closed heat supply systems from central heating points to the point connections; US central - unit costs for the maintenance of hot water supply systems from central heating points to the boundaries of the balance sheet of consumers (excluding losses) if such costs are not taken into account in the tariffs for heat energy (power), per 1 cubic meter. m; Q t / e - the amount of heat required to cook one cubic meter hot water (Gcal / m3). At the same time, the amount of heat for the preparation of one cubic meter of hot water (Q t / e) is determined by calculation, taking into account the heat capacity, pressure, temperature, water density, heat loss in risers and heated towel rails .Thus, the accrual in the receipt for hot water depends on the form in which the regulatory body sets the tariff for hot water: for two components (cold water and thermal energy) or per cubic meter. In the question charges are shown for component 2 (cold water and heat), but municipality and component tariffs are not indicated. If we assume that the consumption of hot water was 10 m 3, 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 “heat energy” component is 1800 rubles / Gcal, the amount of consumed heat energy is: 1100 rubles. / 1800 rubles / Gcal = 0.611 Gcal, respectively, for heating 1 m 3 of hot water, the consumption of thermal energy was 0.611 Gcal / 10 m 3 = 0.0611 Gcal / m 3. Chief Economist of Yurenergo Group of Companies Isaeva T.V.

Dear Subscribers!

Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved Decree Government of the Russian Federation No. 354 dated 05/06/2011, (hereinafter Rules) provides for the obligation of the service provider to apply a two-part tariff for hot water, established in the manner prescribed by law.

Due to the fact that the issue of calculating and charging fees for the “hot water supply” service is of great social importance, Settlement Kupavinsky Center LLC developed these clarifications regarding the procedure for calculating the amount of payment for hot water.

This section deals only with the basic concepts and general cases of calculations used in the ENP.
The formulations of the most complex calculations and the applied formulas have been simplified for ease of understanding.
For a deeper study of all the features when calculating the cost of utilities, you need to refer to the relevant regulations: the Housing Code of the Russian Federation, the Water Code of the Russian Federation, the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation of 05/06/2011 No. 354, Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306, etc.

The fee for DHW by component " coolant»should be determined in accordance with the calculation formulas for determining the amount of payment for hot water, given in Appendix No. 2 to the Rules in accordance with paragraphs 42, 43, 44 of the Rules.

The fee for DHW by component " thermal energy» is to be determined based on the consumption of thermal energy used for heating hot water, determined by the calculated value approved by the heat supply organization.

General calculation formula

To calculate the cost of services "water supply" * and "water disposal" the following formula is used:

“The cost of the service is equal to the product of the volume of the service consumed during the billing period and the tariff for this service.”

Formula 1:P=V*T, where

P- service cost,

V- the volume of services consumed during the billing period.

T- tariff for given view services, for water - price per 1 m3.

* - for the "hot water supply" service, presented in the form of two components, a different calculation method is used.

Cold water supply

1. If the living space equipped individual metering devices (IPU) cold water, then the volume of services for the billing period is calculated based on the readings of metering devices, subject to their timely transfer to the settlement center.

2. If the living space not equipped IPU or metering devices do not comply with the requirements of the law, then the scope of the service is calculated based on the standards for this service:

Formula 2: V hvs \u003d V hvs / norms * N prozh, where

V cold- volume for the "cold water supply" service consumed during the billing period,

V cold/norm - standard for the service "cold water supply",

N stay- the number of people living in the dwelling.

Regardless of the method of determining the volume, the cost of the "cold water supply" service is determined by Formula 1.

Hot water supply

The “hot water supply” service divided into two components is presented in the ENP as separate lines, since each component is calculated separately.

Service "Hot water supply (carrier)".

The carrier in the “hot water supply” service is cold water, therefore the volume of the carrier and its cost are calculated in the same way as the “cold water supply” service (see the “Cold Water Supply” section).

The tariff for the "hot water supply (carrier)" service always coincides with the tariff for the "cold water supply" service.

Service "Hot water supply (energy)".

Heating water consumes thermal energy, which is measured in gigacalories (Gcal). The amount of thermal energy consumed for heating water is calculated by the formula:

Formula 4: Q p \u003d V hot water / n * q, where

Q p- thermal energy consumed for heating cold water;

V hot water/n- the volume of cold water (carrier) consumed during the billing period for the purposes of hot water supply;

q- specific consumption of thermal energy, showing how much energy is spent on heating 1 cubic meter. meters of water. Approved, as well as other standards of public services.

The cost of the "hot water supply (energy)" service is calculated by the formula:

Formula 5: P hot water / e \u003d Q p * T te, where

P hot water/e- the cost of the service "hot water supply (energy)";

Q p- thermal energy consumed for heating cold water (carrier);

T te- tariff for the service component "hot water supply (energy)". Mosoblkomtsen is approved for each supplier.

EXAMPLE:

An apartment building with an installed common house metering device ( Staraya Kupavna, st. Matrosova, house 14)

The house has a centralized hot water supply system (closed system)

A resident with individual metering devices consumed in the billing month 3 cubic meters of cold water and 3 cubic meters of hot water.

The common house meter has readings for the billing month 727,12 cubic meters

(difference in readings: on 31.07 - 14437.30 cubic meters on 30.06 - 13710.18 cubic meters)

The tariff for the service "Cold water supply for hot water supply" is 34,98 rub/cu.m ( heat componentn bearer)

The tariff for the service "Water heating for hot water supply" is 1794,17 rub/Gcal ( heat componentenergy)

The specific heat energy consumption is 0,048 (Approved by the Decision of the Council of Deputies of the MD State Enterprise Staraya Kupavna dated November 17, 2009

№2/4pa-2009)

CALCULATION OF THE COST OF THE SERVICE

coolant: P=V*T= 34,98 rub/cu.m * 3 cubic meters = RUB 104.94. (used Formula #1)

Thermal energy: R= V hot water / n * q * T = 3 cubic meter * 0,048 * 1794,17 rub/Gcal = RUB 258.36(used Formula #5 )

At the same time, the volume of the service Water heating for domestic hot water (Individual consumption) in the UPD will be respectively

0,144 Gcal. (V hot water / n * q = 3 cubic meter * 0,048 = 0,144)

Every homeowner must know how to calculate hot water for its subsequent payment. The fact is that the provision of this service takes place in quantitative terms, and if the consumption of hot water is calculated incorrectly, this can result in quite a large sum overpayments or debts.

In addition, if, as a result of such an error, you do not pay for the hot water delivered to you on time, this may lead to its shutdown.

If you do not pay for the hot water delivered to you on time, this may lead to its shutdown.

Payment for services for the supply of hot water to the population is regulated by Decree of the Government of the Russian Federation of 05/06/2011 No. 354. According to it, it should include 2 components:

1. Providing hot water directly to residential or non-residential premises.
2. Provision of hot water supply for general house needs or for the needs of the land plot, as well as auxiliary buildings located on it.

Typically, centralized hot water systems are used in cities to supply such water to apartments, communal apartments and rooms in multi-apartment residential buildings. At the same time, hot water tariffs are set by the Federal Tariff Service, as well as its subdivisions in the regions, so if you do not know how to calculate the hot water tariff, you can refer to the website of this body. In addition, an example of such a calculation can be provided to you at a local resource supply organization.

Hot water tariffs are set by the Federal Tariff Service

In any case, it is worth knowing that the formula for calculating the cost of hot water includes not only the tariff itself, but also other indicators. For example, if your utility company has set a two-part rate, then you will pay:

• payment for the consumption of one cubic meter of hot water;
• payment for the maintenance of the hot water system at the rate of one gigocalorie.

With a one-component tariff, only consumed cubic meters are paid, which include expenses for other needs. In addition, the approved methodology, which answers the question of how to calculate and how much a cube of hot water costs, also takes into account which category of consumers you belong to. It can be industry, public institutions or the population.

A device for general house metering of hot water is used, which is installed on the basis of a decision of the general meeting of owners of residential premises

If for other categories of consumers all issues on utility bills are solved by special employees who are on the staff legal entity, then the population considers and pays for the consumption of hot water independently. At the same time, it is also entrusted with the obligation to pay the expenses for general house needs. For this purpose, a device for general house metering of hot water is used, which is installed on the basis of a decision of the general meeting of owners of residential premises.

According to a separate scheme, hot water supply is calculated if an individual boiler room is installed in the house. So, in the payments there is no line “hot water supply”, and instead of it there are 2 positions: water heating and cold water supply for hot water supply. This subtlety will need to be taken into account by all homeowners in such houses.

Payment for hot water for the population

• by counter;
• according to the general standard.

The first option is the most beneficial for the owner of the dwelling, as it allows you to pay only for the amount of hot water that he actually consumed. At the same time, every month he will need to transfer the readings of the meter to the local resource supply company. Usually it is called "Vodokanal" or "Teploenergo" and is in municipal ownership.

Payment for hot water by meter

In the second case, you have to pay based on the general standard established by the Government, taking into account the number of residents registered in a particular housing area. Usually the standard is applied when the meter is not installed in the apartment or it is broken. At the same time, as a measure to encourage the population to install metering devices, since 2015, the Government has been gradually increasing the standards by 1.6 times by 2017.

As for specific figures, for 2016 in Moscow the norm for hot water consumption was set at 166 liters per day per person. It may be different in other regions. In any case, it will be more profitable to pay on the meter, so it makes sense to install it indoors as early as possible.

Important! In addition to the standard and meter readings, the cost of hot water is also calculated taking into account the readings of a common house meter.

You can find out how to calculate one for hot water by contacting the company that provides management services for your apartment building. Generally speaking, the readings of apartment meters are subtracted from the readings of the general house metering device, and the resulting balance, based on a special formula, is divided into all tenants registered in the house.

Hot water receipts

Residents directly apartment buildings usually do not calculate one. Since this is the responsibility of the local housing department or HOA, a line with this indicator is specially allocated for them in the payment receipt, which will need to be paid as part of the general receipt. In the event that the amount of one, in your opinion, will be overestimated, this may be the reason for your request to recalculate it. This must be done by the management company within ten days. If this does not happen, you have the right to appeal the company's actions to the Housing Inspectorate or the court.

It is also worth bearing in mind that modern technologies allow you to pay utility bills remotely or on a special schedule. This will be especially convenient if you leave your region of residence for a while or are very busy. To make payments according to the schedule, you will need to write an application to this effect at your local bank branch or set it up accordingly Personal Area on your bank's website.

In any case, try to pay the cost of hot water in full and on time.

Further, the necessary payment amounts will be withdrawn from your account at the right time, which will allow you not to become a debtor for utility bills. In any case, try to pay the cost of hot water in full and on time.

Transfer of meter readings

As you already understood, the easiest way to calculate the consumption of hot water is to take readings from a meter installed in a residential area. This procedure must be done once a month. To do this, it will be necessary to write off the first 5 digits of the readings from the meter.

Calculation of hot water consumption

Based on them, you can independently calculate the consumption of hot water for yourself. To do this, subtract new readings from last month's readings. The difference you get will be your monthly expense.

If you are wondering how to calculate hot water on a receipt, then you can do this by multiplying the readings obtained using the meter by the tariff in force in your region. Such a calculation may come in handy when you have questions about the numbers indicated on the payment receipt. With claims on this account, you can often contact the resource supply company, where you are required to recalculate the hot water you consumed.

Unscheduled water meter check

After you take the readings of the hot water meter, they will need to be transferred to the resource supply organization. This can be done in several ways, for example:

• using the website of such an organization or management company;
• using special forms;
• in the office of the organization supplying you with burning water.

After transferring the readings of an individual hot water meter, you will only have to wait until you receive a receipt for its payment. If you have figured out how to calculate hot water before this time, you can double-check the amount set for you in order to avoid mistakes. At the same time, if several water meters are installed in your apartment, you will have to transfer readings from all of them.

By the way, you will need not only knowing how to count hot water, but also how to check the accuracy of the meter reading. To do this, the readings of the three red numbers available on its scale are recorded, after which approximately 30 liters of water are drained from the tap using a ten-liter bucket. In the event that a larger or smaller number is reflected on the meter, this may be a sign that the water meter requires an unscheduled check.

Internet bank for hot water payment

After an invoice is issued to you based on the testimony you have submitted, you can pay it in several ways, for example, at the Russian Post, through an Internet bank, and also using an ATM. In the event that you delay payment for more than 3 months, you may be charged a penalty fee, and hot water may be turned off. After six months, public utilities will already be able to go to court to evict you from the occupied premises.

When paying for utilities, consumers see various abbreviations in receipts. It is important to know what is behind these letters and where the money is going. DHW is a hot water service. But what it includes and what it consists of, let's take a closer look.

Regulatory framework and definitions

Hot water, centrally supplied to consumers, in accordance with the provisions of the Decree of the Government of the Russian Federation No. 354 dated 06.05.2011, is one of the communal resources. A public service is the provision of a resource to a consumer by a service provider (supplier).

That is, in the case of hot water supply, a public service is the supply of hot water of the required parameters to apartments in apartment buildings, dormitory rooms, enterprises and public buildings (hospitals, laundries, kindergartens, etc.).

The heating network provides services for the supply of hot water to residents, and its responsibilities include the implementation of centralized heating of residential and public buildings.

Service features

The preparation of hot water for the needs of hot water supply takes place at centralized heating boiler houses, in the same place where the heating medium of the heating system is heated.

Boiler rooms can be connected to a looped DHW system or be dead-end - designed for a group of houses or one house (for example, roof-top boiler rooms). The closer the consumer is to the hot water source (boiler room), the better the service will be, the higher the water temperature. However, connection to loopback networks is preferable from the point of view of the reliability and continuity of the hot water supply.

The service includes:

1. Boiler room service. Unlike heating, hot water is provided all year round, while the boiler houses switch to the summer (minimum) mode of operation.
2. Maintenance of tracks.
3. Carrying out scheduled repair work on the networks.

The water heated in the boiler room for the open (open) DHW system enters the consumers' apartments through the supply water pipelines, being distributed through the internal domestic hot water supply networks.

It should be remembered that hot water cannot be used for cooking due to the presence of additives in it - special additives that reduce the level of scale formation on the inner walls of pipelines.

The hot water temperature at consumers is regulated by sanitary legal norms and is + 50 ... + 65 ° С. In fact, it often does not exceed + 40 ° С.

This is due to heat losses during the delivery of the coolant along the routes (poor-quality pipe insulation, bursts) or due to the low temperature at the outlet of the boiler room. Boiler room operators adjust the output parameters based on the outside temperature.

The task of the service provider is to provide apartments with a communal resource of adequate quality. Sometimes the heating network justifies the poor quality of the service by the deplorable state of the networks - routes built in the last century that require overhaul, will not withstand the temperature difference in winter time, if the parameters of the coolant at the outlet of the boiler house are maintained at the standard level.

It turns out to be a vicious circle - many residents often do not pay for hot water due to its low temperature, or refuse this service altogether, switching to heating water with electric boilers. And heating companies cannot produce repair work, because the debt of the population to pay does not give them an inflow Money.

On the video about the DHW service

Outcome

Whether or not to pay for a hot water supply service, if it turns out to be of insufficient quality, is a purely personal matter. It is important to understand that if you decide to go down the path of non-payment, you do not just need to generate debts. It is necessary to collect the evidence base according to the following scheme: make commission measurements of the water temperature, send the results to the company supplying the services. Be sure to get an official answer explaining the reasons for the poor quality of the service. Having collected a package of evidence, you can go to court to defend your rights.

In order to regulate the procedure for the application of two-component tariffs for hot water, amendments were made to the RF GD dated May 06, 2011 No. 354 and the RF GD dated May 23, 2006 No. 306. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter - DHW) " the amount of payment for the 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 the public service for hot water supply, and the cost of the component for thermal energy used for heating cold water for the purpose of providing the public service for hot water supply"(paragraph 6 of clause 38 of Rules 354), while the authorized body of the subject of the Russian Federation" establishes the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply” (paragraph 32(1) of Rule 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 UCS) has been 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), there have been and continue to arise disputes, especially in cases of equipping houses with common house metering devices that determine both the volume of hot water consumption and the amount of heat energy as part of the consumed hot water.

Heat in DHW: volume of consumption and cost payable

If we consider the consumption of hot water in the premises of MKD, then it is easy to establish cases in which, with the same volume of hot water consumption, the consumption of heat in the composition of this water will be different. Such cases include consumption in the absence of circulation in the house of “cooled down” hot water by those residents who wake up earlier in the morning or go to bed later in the evening. It is obvious that water will be hotter with 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 stipulated), depending on the length of the DHW network from these houses to the RNO (the distance of the MKD from the boiler house) - residents of houses connected to the "terminal" segments of heating networks usually enjoy less hot water than houses connected to the "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 the norms for the consumption of heat energy for heating hot water and gave the right to establish such norms to the subjects of the Russian Federation authorized. This eliminated the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents of different apartments of 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 the consumer should be based on the cost of the component for cold water, the tariff for which is 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 (the heat standard for heating hot water) is 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, such an 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 the RSO, which is that the heat supplied to the MKD is payable in full, is reasonable and logical. No less logical is the determination of the amount of heat energy in the composition of the hot water supply consumed by the entire MKD, according to the OPU, which allows such an amount to be measured. At the same time, in the opinion of these RCOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply, approved by the state authorities of a constituent entity of the Russian Federation. In the event that there is no function for measuring the amount of heat in the general house DHW meter (and even more so in the absence of an operating system at all), the same RNOs consider the use of a heat standard for heating DHW already necessary.

The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in calculations or not to use it. The norms on the use in the calculations of the rate of consumption of thermal energy used to heat cold water for the provision of public services for hot water supply are imperative, 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 the calculations the readings of the OPU, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such indications of the GTC in the calculations, although logical, is not based on the law, and therefore is illegal. At the same time, the use of the heat standard for DHW heating in calculations is not a right provided for in individual cases (for example, the absence of a GTC, or the absence of a GTC function for measuring heat content in DHW), but a duty for any cases without exception.

From the foregoing, it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water service, and between the ICU and RSO), it is not the actually consumed amount of heat energy for heating water for the provision of public services for hot water supply that is used, but the norm of heat consumption for heating hot water .

What did the court decide?

These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Teploset LLC against Avtoproezd HOA (case No. A41-18008 / 16) for the recovery arrears in payment of heat energy. As third parties, the Main Department 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 of December 12, 2016 in case No. A41-18008 / 16 AC of the Moscow region indicated:

« 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, between the plaintiff and the defendant concluded the Contract for heat supply No. 240, according to which the plaintiff is an energy supply organization, the defendant is a 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 supplying 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 the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for paying for energy is determined by law, other legal acts or by 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 utility services consumed, determined by meter readings, and in their absence, based on utility consumption standards approved by state authorities constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the constituent entities 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 a heat carrier 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.

Paragraph 88 of the Fundamentals of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 No. 406, provides that tariff regulators 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 the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.

In order to regulate the procedure for the application of two-component tariffs for hot water, Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered 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 Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for establishing and determining standards for the consumption of public services, approved by Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).

Paragraph 38 of Regulation No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the 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 the utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public services for hot water supply.

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

At the same time, Rules No. 354 do not provide for the use of thermal energy as a public service, which complies with the provisions of part 4 of article 154 of the HC RF.

Taking into account the above, Regulation No. 354 provides for the distribution of thermal energy used for heating cold water in order to provide public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water in order to provide public services for hot water supply.

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

So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measure for consumption standards for hot water supply (hot water), the following indicators are used:

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

for general house needs - cub. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of ​​the premises included in the common property in an apartment building, or cube. meter of hot water per 1 sq. meter of the total area of ​​​​the premises that are part of the common property in an apartment building.

This principle ensures a fair distribution of thermal energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for a utility service for hot water supply, established by Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and is established taking into account the exclusion of an 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 for water heating is determined according to the norms for the consumption of thermal energy for heating water for the purposes of hot water supply established in the manner prescribed by law.

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

Rules No. 354 do not provide for a different procedure for determining the amount of payment for a utility service for hot water supply in this case.

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

According to subparagraphs "d", "f" of paragraph 17 of Regulation No. 124, the procedure for determining the volume of the supplied communal resource, the procedure for paying for the communal 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 public services, approved by Decree of the Government of the Russian Federation No. 253 dated March 28, 2012 (hereinafter referred to as the Requirements), are also subject to application.

Clause 4 of the Requirements establishes that in favor of resource-supplying organizations, funds received by the contractor from consumers in payment of utility services are subject to transfer.

At the same time, paragraph 5 of the Requirements provides that the amount of payment by the utility service provider due to be transferred in favor of the resource supply organization supplying a specific type of resource is determined depending on the payment by the consumer of the relevant utility service in the full amount specified in the payment document, or with partial payment, which fully corresponds with the above norms of Regulation No. 124.

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

In addition, managing organizations (partnerships, cooperatives), being executors of communal services in an apartment building, acquire a communal resource from resource supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of communal resource consumed in such an apartment building from payments received from consumers for public services.

In accordance with the Decision Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Decree No. 124, a managing organization, partnership or cooperative are not business entities with independent economic interests that are different from the interests of residents as direct consumers of utilities. These organizations carry out activities to provide public services on the basis of an apartment building management agreement and pay for the volume of the communal resource supplied under the resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a communal 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.

In view of the foregoing, regardless of the agreement, the parties are obliged to follow the imperative rules that govern the procedure for paying for utility services provided.

According to paragraphs 10, 11 of part 1 of Article 4 of the LC RF, relations regarding the provision of public services, payment for housing and public services are regulated by housing legislation.

In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, relevant legislation is applied to housing relations, including those related to the use of engineering equipment, the provision of public services, and the payment of utility bills, taking into account the requirements established by the Housing Code of the Russian Federation.

In view of the foregoing, when concluding a resource supply agreement with persons managing an apartment building and establishing conditions in it, 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 to be transferred in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment 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 (with 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 works 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 the communal resource at the expense of funds received from consumers in payment for consumed utility services for hot water supply, that is, calculated on the basis of the standard consumption of thermal energy used to heat water in order to provide hot water utilities.

Based on the foregoing, the Arbitration Court of the Moscow Region believes that the stated claims are not subject to satisfaction.

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

DECIDED:

Deny claims».

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

« The arguments of the appeal repeat the arguments of the claim, were justifiably rejected by the court of first instance.

Taking into account the totality of the above circumstances, the Court of Appeal finds no grounds provided by law for reassessing the findings of the Court of First Instance and satisfying the requirements 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

RESOLVED:

The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. А41-18008/16 is left unchanged, 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 for heating water is determined according to the norms for the consumption of thermal energy for heating water for hot water supply established in the manner prescribed by law ..., if there are norms for the consumption of thermal energy for heating hot water, the readings of metering devices measuring the thermal energy used for the purpose of hot water supply, are not taken into account either in settlements with consumers or in settlements with resource supply organizations

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