Vdgo decoding in the receipt for payment of housing and communal services. Maintenance of gas equipment in an apartment building

Given the current financial situation of the overwhelming majority of citizens, many are trying in every possible way to save on utilities Oh.

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When studying a receipt for the first time, most often a person finds that he does not understand why payments have been accrued for many of the items indicated in this list, and therefore he tries to figure out what they are and whether it is possible to refuse something.

In particular, people are trying to find out what VKGO maintenance is and whether it is necessary to pay for it.

Domestic gas equipment

In-house gas equipment (VKGO) is a gas pipeline installed inside apartment building, which are laid from the stopcock. It is located on branches to in-house gas equipment and household appliances located inside a particular room. In particular, this also includes a system that provides control over the gas content of the premises, safety fittings, as well as general and individual gas meters.

Since 2003, after the regulations governing the safety of gas consumption and gas distribution systems were issued, maintenance supervision gas devices ceased to be under the control of Rostekhnadzor and completely left the competence of the federal executive authorities.

Activities related to the repair and maintenance of gas equipment installed inside the house did not require licensing, and therefore such work was carried out by any companies that have the appropriate regulatory and technical base, as well as certified personnel.

Today, an agreement on the maintenance of gas equipment should be concluded with specialized companies that will carry out maintenance and timely repairs of installed devices.

Service Agreement

In accordance with applicable law, Maintenance, as well as carrying out repair work in order to restore gas equipment, is carried out only if there is a concluded agreement, which is drawn up between the contractor and the customer.

The last in this case is a citizen who has the right of ownership of the premises in question, or a legal entity. At the same time, the contractor is a specialized company that transports gas to the customer's premises, if it has assumed the appropriate obligations.

Legislative aspect

In accordance with the norms prescribed in paragraph 8 of Government Decree No. 410, adopted on May 14, 2013, any work related to the technical diagnostics of installed gas equipment must be carried out by the owners of the property where it is located.

In particular, we are talking about:

gas pipelines that go from the stopcock to the devices themselves located inside the residential property;
household installations, as well as various technical devices, the operation of which is carried out on the gas pipeline;
installations that provide regulation of work or protection from any emergency situations;
systems that provide control over the degree of gas contamination of the apartment;
all kinds of metering devices.

Thus, according to the law, the owner of residential real estate is the initiator of the execution of the contract. The existence of an agreement is a key condition under which ordinary consumers can be supplied with gas.

In accordance with the rules, which are specified in paragraph 80 of this regulation, the contractor has the full right to stop supplying resources to the client by sending him prior notice if the owner's residence should not be subject to maintenance in accordance with the agreement.

Rights and obligations of consumers

In accordance with the current legislation, no one has the right to force citizens to draw up a gas supply agreement, but if a person wants to use this communal resource, he without fail must ensure the maintenance of the installed equipment.

By law, the maintenance of gas equipment can only be carried out by specialized companies that have the appropriate permit, as well as an emergency dispatch service, and all of these companies operate only with a prior agreement.

In this regard, every citizen has the right to draw up an agreement for the maintenance of equipment with any such organizations. All this is carried out in accordance with the norms established in the Government Decree No. 410, published on May 14, 2013, which approves the rules for the use this resource in order to ensure maximum safety of the equipment, as well as the correct use and maintenance of the devices in the process of providing a public service.

Do I need to pay for VKGO service

If there is a formalized agreement, it is mandatory to pay for the supply of gas and maintenance of the installed equipment.

The current legislation provides for a certain list of situations in which a person can refuse to draw up a maintenance contract:

the existence of a formalized agreement with the management company;
the contract was drawn up with another specialized company;
no gas connection.

In all other situations, in the presence of installed gas equipment, a person must ensure that it is properly maintained and repaired.

The payer has the full right to completely refuse this service, and then independently draw up a new service agreement with any specialized companies by submitting a preliminary notification of the adjustment of the contractual relationship to the management company.

If the consumer ultimately fails to communicate to their management company that they have a formalized maintenance contract, that organization has the right to suspend the gas supply.

4.65/5 (119)

For a long time, natural gas has been used as a fuel for heating the homes of Russians. The fact that gas is a fairly cheap and profitable thermal resource is known to everyone.

At the same time, many citizens forget that the use of "blue fuel" requires special attention from consumers. Improper operation of gas equipment can lead to serious problems.

Not only the equipment or buildings themselves suffer from accidents, sometimes the scale of emergency situations associated with the release of a powerful heat source out of human control leads to destruction and death of people.

That is why the safety of using gas in everyday life is one of the most important tasks not only for the users themselves, but also for the state as a whole.

Is it necessary to conclude an agreement for maintenance of VDGO according to the law

Recent statistics show that gas equipment failures in private and multi-apartment buildings have become noticeably more frequent. Although, as you know, it is better to avoid trouble than to deal with their consequences.

In order to prevent accidents associated with improper operation of gas equipment, the Government of the Russian Federation adopted a special law, according to which users of this type of fuel are required to regularly check gas equipment located in houses and apartments.

According to Decree of the Government of the Russian Federation No. 410 dated May 14, 2013, citizens using natural gas to heat their houses and apartments and specialized services must agree on the conditions for using the resource and conclude appropriate agreements.

Thus, the owners of residential premises are responsible for their own safety when using "blue fuel".

That is, the life and health of citizens, in this case, depend on their consciousness. At the same time, they are still considering whether it is worth signing such an agreement with special gas services.

Of course, everyone has the right to make their choice. But in this case, the wrong decision will lead to the fact that the gas supply to a particular dwelling will be terminated. This decision of the gas services will be quite legal.

List of gas equipment to be inspected

Several types of equipment are used to provide gas to houses and apartments. Each of them must undergo a special check.

At the same time, it does not matter where exactly it is located - in a private house, apartment, or is the common property of the residents of an apartment building.

Since there is a division of equipment into general house and intra-apartment equipment, it should be clarified what exactly belongs to these groups:

risers to taps and metering devices located in apartments are considered common house;
appliances installed in the apartment are intra-apartment.

Until 2013, gas equipment available in houses and apartments was under the control of the management company of the house. It was the UK that ensured the smooth operation of the devices. Management was also involved in concluding contracts, and the apartment owners themselves had nothing to do with contracts with gas workers.

Any service involves a certain payment. In this case, it was brought in by the residents of the houses. The required amount was indicated in the payment documents.

Distinctions in the duties of the Criminal Code and homeowners appeared immediately after the adoption of the relevant Decree of the Government of the Russian Federation No. 410.

From now on:

The following appliances become the private property of apartment owners: gas stoves and boilers, as well as water heaters. That is why the entire responsibility for correct use and the annual verification of these devices is now the responsibility of homeowners;
Management Company should deal only with common house appliances and only conclude contracts with gas services for them.

Which organizations service in-house gas equipment

No other organization except Gorgaz has the right to provide citizens with gas equipment maintenance services.

To communicate with consumers, the company has its own emergency dispatch service. Companies that have signed contracts with resource suppliers and are engaged in its distribution to citizens also control the condition of gas equipment inside houses and apartments.

Employees of the organization who ensure the smooth and quality work gas appliances must have special education and regularly undergo certification, which complies with the requirements of the law.

VDGO service agreement

What is a contract for the maintenance of in-house gas equipment?

At its core, this is an agreement between the owner of the dwelling and the gas appliance service company. The contract is drawn up according to a certain standard, and also includes a list of services.

The following information is included in the document:

information about the owner of the property, address;
name of the service company, details, account number;
what gas appliances are installed in the room;
a list of services provided by the company in accordance with the agreement;
date of conclusion and duration of the contract;
cost of services, method of payment.

Note! The amount of payment under the contract depends on the type of gas equipment. Payment is made according to the price list established by the organization and is determined depending on the cost of each device..

How the parties' service agreement works

As soon as an agreement is concluded between the owner and the company, the appliances are checked in the residential premises and repairs are carried out (if necessary).

Types of services and works carried out after the signing of the contract:

checking for compliance of the installation of devices with accepted requirements;
tracking the impermeability of pipes and connections between parts of devices;
equipment quality control;
revision of the traction force of the ventilation outlets;
instructing residents using gas appliances.

Note! During the term of the agreement, all work to eliminate resource leakage, as well as to increase the tightness of pipes, is performed free of charge. In the event of any malfunctions, repairs and the cost of parts are paid by the owner of the property.

Terms of the contract and the frequency of inspections of gas appliances

The term of the contract cannot exceed 3 years.

According to this document, the service organization must carry out an inspection of the equipment once a year. As a result of the performed procedure, an appropriate act is issued.

Important! If the apartment smells of gas, this indicates a malfunction of some kind of gas appliance. In this situation, immediately call the specialists of the service company.

How much does VDGO service cost under a contract

Gas is sold to the population at certain prices. When calculating the retail price, the costs of gas distribution companies for the maintenance of gas equipment installed in the house were previously taken into account.

In connection with the Order of the Federal Tariff Service of the Russian Federation dated November 23, 2004 No. 194-e / 12 “On Approval Guidelines regulation of retail prices for gas sold to the population” and on the basis of the Information Letter of the Federal Tariff Service No. CH-3765/9 dated June 23, 2005, this practice of calculating gas prices was abolished.

Now the price of gas for residents does not include payment for the maintenance of appliances. It follows from this that the cost of maintenance work or services does not depend on the amount of fuel used.

The country has adopted a unified methodology for calculating the cost of VDGO operation services. It is based on the "Approximate price list for gas services for the maintenance and repair of gas distribution systems."

This document was developed by OAO GiproNIIgaz, which is the leading research and design institute for the gas industry. This development of scientists began to operate after the publication of the Order of OJSC dated June 20, 2001 No. 35.

The letter of the Federal Tariff Service of the Russian Federation (dated April 14, 2006, 09-153) states that this price list should be used as the main tool in calculating the cost of maintenance services for the VDGO.

The size of the service fee for maintenance is affected by the type of gas equipment in a particular residential area, as well as the number of installed appliances.

The owner of the apartment who ordered them must pay for the services or work performed. The payment term is stipulated by the terms of the agreement.

When the term was not specified in the contract, the following term is taken into account - no later than the tenth day of the month following the month when the relevant work was performed.

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Residents of apartment buildings, where they have their own management companies, pay for maintenance depending on the area of \u200b\u200bthe apartment. Why it happens?

Each house has property that is common to all residents. The maintenance and repair of such equipment falls on the shoulders of the owners or tenants of housing (Article 154 of the Housing Code of the Russian Federation).

It is known that in-house gas equipment is common house property on the basis of common shared ownership, and is also operated by all persons living in this house.

It is impossible to allocate in kind the share of one tenant in proportion to the size of the total area of the apartment. According to the "Methodological recommendations for the financial justification of tariffs for the maintenance and repair of housing stock", approved by the order of the Gosstroy of Russia dated December 28, 2000 No. 303, the calculation unit of housing and communal services is 1 sq. m. of the total area of housing.

In our country, the body that performs the functions of the Federal Center for Price and Tariff Policy in Housing and Public Utilities is the State Unitary Enterprise "Center for Regulation and Information Systems in Housing and Communal Services". It was this enterprise that developed the recommendations mentioned earlier.

In 2000, these rules were approved by the Scientific and Technical Council of the Gosstroy of the Russian Federation (minutes 01-NS-31/4 dated October 27, 2000). The Housing Code of the Russian Federation (Article 156) also addresses the issues of charging fees for the maintenance and repair of an apartment. It is calculated in such an amount that will ensure the maintenance of common house property.

Any owner of an apartment, in fact, like a tenant of housing, must participate in the maintenance of not only his housing, but also make a certain contribution to ensuring the normal functioning of common house property (Article 158 of the Housing Code of the Russian Federation). This amount depends on the share in the common ownership of the property.

Thus, payment for an apartment is carried out depending on the total area of the apartment (dormitory room). Local self-government bodies may establish a fee for the use of residential premises.

This happens when tenants use the premises on the basis of a social tenancy agreement for state or municipal premises, as well as if the apartment owners have not decided on the way to manage the apartment building.

The procedure for charging fees for maintenance of in-house property takes place in accordance with the norms of the current legislation of the Russian Federation. It has already been said above that the size of the fee depends on the area of \u200b\u200bthe room. These norms are categorical, that is, there are no other ways to calculate housing fees.

Watch the video. For what you do not have to pay for the maintenance of VDGO:

What is the need for a comprehensive agreement?

A person who is a contractor under a maintenance contract must visit the apartments of citizens. The fact is that the first shut-off and control valves on the outlets of the wiring going inside the living quarters are located in front of the gas appliances installed in the apartment.

The rules for the supply of gas to meet the domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 No. 549, state that owners or tenants of apartments are required to sign an individual agreement on maintenance and emergency dispatch support of in-house gas equipment.

Note! If you have entered into an individual maintenance agreement, this does not relieve you of the need to pay the appropriate funds for the maintenance of in-house gas equipment.

This amount is written on the invoice. It is clear that this will only increase the cost of utilities. So, for example, if you own an apartment of 40 sq. m., you need to pay 38.4 rubles for maintenance of the VDGO (we multiply 40 sq. M. by 0.96 kopecks).

In addition, you also pay the amount specified in your contract for the maintenance of gas equipment installed in your apartment.

maintenance cost

When the gas equipment of the apartment includes a four-camphor gas stove, a water heater with running water, as well as a gas meter, the monthly payment for maintenance services will be 62.90 rubles.

Maintenance cost includes:

payment for maintenance of the modernized stove (has electric ignition and safety automation) is 17 rubles 95 kopecks;
Maintenance of a water heater with running water is 26 rubles 60 kopecks;
maintenance of gas valves (2 pieces) located in front of gas equipment is 11 rubles 60 kopecks;
for maintenance threaded connections a gas pipeline with a gas meter will need to pay 4.20 rubles;
an application for repairs costs 2 rubles 55 kopecks.

Adding all the numbers, we get the amount equal to 92 rubles. 18 kop. This is the monthly payment.

Responsibility for the lack of a maintenance document

The gas supplied to the homes of our citizens is classified as a high-risk fuel. Therefore, in the apartments of persons who have not yet concluded an agreement, there are gas appliances that pose a specific threat to other residents of the house.

These devices have not been tested, and it is impossible to understand in what condition they are without an appropriate inspection. There is a danger in faulty gas appliances in both private and apartment buildings. But in the latter case, the lives of a large number of citizens are at risk.

Note! The gas supply to the houses will be stopped if the appliances do not pass the necessary checks.

Regular inspection is a guarantee that the gas entering the apartments is not a threat to people's lives. By not complying with the requirements of the law and not responding to the warnings of gas workers, an unscrupulous gas consumer will be left without heat.

To prevent this situation, provide access to gas appliances specialists. Also, sign a service contract.

It is important to understand that the gas supplier only offers you to enter into such an agreement. Everything else depends on you, because it is you, as a consumer, who should be interested in servicing the equipment and are responsible for this procedure.

Sometimes contracts on behalf of homeowners are concluded by the Criminal Code. In this case, all responsibility lies with her. Residents pay directly for the use of fuel.

Maintenance of household gas-using equipment (in-house gas equipment, hereinafter VKGO) from 01/01/2018 became ANNUAL

The legal basis for this measure is Government Decree No. 410, adopted on May 14, 2013.

According to the latest changes, Decree of the Government of the Russian Federation of September 9, 2017 N 1091 “On Amendments to Certain Acts of the Government Russian Federation on safety issues in the use and maintenance of in-house and in-house gas equipment”, an agreement for the maintenance of VKGO with a service interval of 1 time per year must be concluded between each homeowner and a specialized organization that will check gas-using equipment.

Also, do not forget that since 2003. property owners are responsible for the condition of gas stoves, water heaters, indoor / indoor heating boilers and other gas-using equipment.

If the owners do not want to conclude an agreement with specialized organizations, they may be penalized by the State Housing Inspectorate, and the gas supply may also be suspended.

In connection with the amendments that have entered into force in Resolution No. 1091 dated 09.09.2017. the company "Region 750" informs that from 01.01.2018. VKGO maintenance will be carried out annually.

The increase in the frequency of maintenance entailed an inevitable increase in the cost of the service contract (previously, the frequency of maintenance of VKGO was 1 time in 3 years, with the exception of equipment that, according to the manufacturer's instructions, has exhausted its resource). So, since the new year, the cost of annual maintenance gas stove will be 89 rubles 94 kopecks per month (1079.28 rubles per year), and the service, which includes annual maintenance of the gas stove and column, will be carried out based on the cost of 209 rubles 88 kopecks per month (2518.56 rubles per year).

The VKGO maintenance contract with Region 750 provides for an inspection once a year. During the bypass, the specialist checks the condition and operation of all in-house gas equipment:

gas pipelines of an apartment or residential building,
connected to the gas distribution network,
gas equipment,
gas meters,
shutoff valve.

A detailed description of the work for each type of equipment is written in the contract.

During maintenance, the specialist must:

present a certificate confirming his qualifications and the right to carry out gas hazardous work;
visually check the condition of the gas pipelines of the gas consumption network, gas-using equipment, the condition of the color and fastenings of the gas pipelines of the gas consumption network, the presence and integrity of the cases in the places of laying through the external and internal structures buildings;
check the tightness of connections and disconnecting devices of gas pipelines and gas-using equipment;
operability and lubrication of disconnecting devices of gas pipelines of the gas consumption network;
check the presence of draft in the smoke and ventilation ducts, the condition of the connecting pipes with the smoke duct in the gas-using equipment;
operability of safety automation of gas-using equipment;
disassemble and lubricate gas valves;
adjust the process of gas combustion for all operating modes of the equipment.

The contract also guarantees round-the-clock emergency dispatch support on the basis of the Agreement on emergency dispatch support concluded between Region 750 LLC and the Krasnogorskmezhraygaz branch of the State Unitary Enterprise MO Mosoblgaz.

Blue fuel has made life easier for ordinary people in Russian cities. Thanks to gas, heat is generated in houses, hot water and food. Many of our compatriots do not even imagine how one can live without this undoubted blessing of civilization. However, in last years Increasingly, one can come across reports of gas explosions in apartment buildings, in which dozens of people become victims. In connection with this situation, we are increasingly confronted with the term VDGO. These letters are found in receipts for housing payments, regulatory documents and papers of management companies. Much attention is paid to this topic at the government level, so new legislation is being developed that will take into account all the nuances associated with gas equipment installed in apartment buildings and private houses. Today you will receive comprehensive information about the concepts included in the definition of "VDGO". We will consider these and many other questions together with our readers. Special attention we will focus on the maintenance of gas equipment, which is often interpreted in different ways.

VDGO: deciphering the abbreviation

Not all tenants understand these four letters, although they appear regularly on pay stubs. The decoding of VDGO is quite simple, the abbreviation means only in-house gas equipment. However, experts argue that this concept is multi-level and includes several categories of equipment.

It is noteworthy that VDGO is also devices that are in apartment building, and equipment of private houses falling under the category of individual residential buildings. Also, many include in this term and appliances installed inside the apartment, although in reality they have their own designation.

Let's talk about VDGO in more detail

You now know how to interpret the abbreviation, but we will still make some explanations necessary for its complete understanding. So let's look into this issue together.

Gas supply of houses is carried out thanks to pipes and distribution valves. They are a confusing network of interconnected equipment for the average person. Most often, entire residential areas are connected to blue fuel from a single source. Based on the foregoing, we can conclude that, with respect to apartment buildings, VDGO is a system of pipes running from the gas source itself to the distribution point, from where the blue fuel goes through the apartments of residents. The term also includes various devices located on the pipeline itself. These can be individual metering devices, general gas volume meters, safety valves, systems that control the presence of gas in the air, and similar devices. All of them are installed in a residential building before its commissioning and are necessarily checked for safety and serviceability by a special commission.

If we are talking about households, then VDGO includes all pipes passing through land plot. Usually they are laid from a single source up to all gas-based appliances. As in the previous version, this concept also includes additional technical devices, without which gas equipment cannot fully work, and the homeowner will not consider himself safe.

VDGO maintenance: yesterday and today

Gas supply has always been considered an extremely profitable source of energy, but one should not forget about its safety. To safely use blue fuel, you need to be sure that all equipment is working properly and does not pose any danger to the owners of apartments and houses. For this purpose, regular diagnostics of VDGO should be carried out. But in this matter there are several pitfalls, because of which there are difficulties with the operation of gas equipment.

At times Soviet Union the state of VDGO was monitored very carefully. This task was entrusted to gas distribution organizations. According to the regulations, they carried out diagnostics and maintenance of all devices and the equipment itself. Worn out units were replaced with new ones in time, therefore, in the Soviet period, cases of household gas explosions in residential buildings there was practically none.

In the nineties, the situation changed radically. The privatization of gas facilities began, but VDGO was not taken on the balance sheet and, in fact, already during this period was left without proper control. Some gas distribution organizations continued to operate as before and, despite the corporatization, served apartment buildings. However, there were no funds to replace worn-out equipment with new ones during this period of time. Financing of gas facilities was extremely stingy and many VDGOs were launched.

In the late nineties, the government did not pay due attention to this problem. It is noteworthy that gas equipment was not even included in the list of hazardous production facilities.

At the beginning of the 2000s, it became clear that it was no longer possible to ignore the situation with the VDGO. Therefore, a law was passed that is still in force today. According to him, the responsibility for the technical condition of such facilities falls on the shoulders of homeowners, who must conclude VDGO agreements with any specialized organizations. However, the requirements for them were not approved, as well as the regulatory framework on the basis of which these firms could operate.

To date, the state has absolutely no control over such companies and does not compile lists of organizations admitted to the repair and maintenance of the VDGO. However, the increasing cases of household gas explosions forced the government to adopt a number of legislative acts in the gas industry.

Standards for maintenance (TO) of gas equipment

In recent years, the state has begun to more carefully monitor issues related to the content of the VDGO. However, the primary responsibility for safety remains technical devices lies on the shoulders of their owners. But maintenance must be carried out within the time limits established by law. Once every three years, the equipment must be inspected and, if necessary, repaired.

The range of measures taken is quite wide. They include the following items:

diagnostics, maintenance and repair;
replacement of worn components as needed;
control over the state of smoke and ventilation shafts;
dispatch service.

At the same time, the legislative act also provides for a mandatory procedure for concluding contracts. This must be done by each of the owners of the equipment. Only certain organizations that meet a number of requirements can carry out work.

VDGO: specialized service organization

There are quite a lot of such companies now, because the law establishes very vague requirements for specialized organizations. The main thing is that they can provide the customer with a set of measures that we mentioned earlier. Thus, it is possible to compose short description a similar company.

It must have the necessary equipment and a set of tools to carry out its activities, have professional staff and be registered on the territory of the Russian Federation. In addition, the organization must create a dispatch and emergency services operating around the clock. Residents of multi-apartment and private houses receive, along with signed contracts, a list of telephone numbers that can be called in critical situations.

It is noteworthy that despite the frequency of VDGO maintenance determined by law, emergencies still often happen. And for each such case, specialized organizations must respond instantly. It does not matter whether the contract is concluded with the owner of the equipment.

The cost of maintenance services

Let's just say that in different cities this figure can fluctuate significantly. You can find out exactly the cost of services at the time of submitting an application for concluding a contract. If you enter into an agreement with the housing and communal services (and it is already, in turn, with the organization), then a small amount for the maintenance of the VDGO will be included in your monthly receipt. However, keep in mind that the maintenance itself will be carried out once every three years. In cases where gas equipment is very worn out and already requires replacement, which for one reason or another cannot be done immediately, diagnostics are carried out at least once a year.

Sometimes contracts are concluded directly between the owner of housing and a specialized organization. In this case, you will learn the amount of payment from the employees of the company. It can be divided into several payments or occur once after the service has been rendered.

Features of the conclusion of the contract

Any of the parties can initiate an agreement. Sometimes the owner of the housing acts in this role, but the HOA can do it for him. It is quite normal for specialized companies to declare themselves and offer to conclude cooperation agreements.

The owner must attach a package of documents to the handwritten application, consisting of a confirmation of ownership of housing, certificates for gas equipment, papers related to sealing the accounting meters and a document indicating the date of the last inspection.

Penalties

Every citizen, as an individual, and legal entities must enter into contracts for the maintenance of VDGO without fail. Otherwise, a system of penalties is provided. At the first imposition, the fine will be about two thousand rubles for ordinary homeowners and about one hundred thousand rubles for organizations using gas equipment.

If an accident occurs as a result of such negligence, then the fine can range from thirty to four hundred thousand rubles, depending on the person at fault.

The second fine is usually twice the original fine and may even cause the legal entity to temporarily stop its activities.

Security questions

Homeowners do not always think about the fact that they must carefully monitor gas equipment. Only in this case, you can safely use it and not be afraid of problems. To ensure the safety of VDGO, you must follow a few simple rules:

it is obligatory to conclude maintenance contracts;
do not allow masters of third-party organizations to access the equipment;
monitor chimneys and ventilation shafts;
pay for the gas received on time.

Conclusion

Blue fuel is undoubtedly an environmentally friendly and consumer-friendly source of energy. However, do not forget that its use must be reasonable and, above all, safe.

Gas supply is one of the types of public services, and nowadays it is difficult to imagine life without gas. But we must remember that gas is a source of increased danger, gas supply to a residential building is often associated with accidents, including human casualties.

The causes of accidents are, as a rule, improper operation of gas equipment or its unsatisfactory condition. Currently, the issue of safe operation of gas equipment is very acute, the improvement of legislation in this area is in full swing. Details are in the article.

Development of legislation on the operation of gas equipment

IN Soviet time The maintenance of gas equipment was generally carried out by gas distribution organizations.

In 1993, corporatization of gas facilities began (see. Decree of the State Property Committee of the Russian Federation dated April 30, 1993 No. 765-r "On the privatization of enterprises of the gas industry of the Russian Federation"). At the same time, only distribution gas pipelines were subject to privatization, and the in-house gas equipment (hereinafter - VDGO) was not transferred to anyone on the balance sheet, that is, it actually turned out to be ownerless. Nevertheless, gas distribution organizations continued to monitor the technical condition of the VDGO, since the cost of servicing it was included in the gas tariff for the population. In a difficult economic situation
In the 1990s, there could be no question of a planned replacement of worn-out intra-house gas networks and gas equipment.

Later in Federal Law No. 21.07.1997 116-FZ "On industrial safety of hazardous production facilities" gas equipment of residential buildings was not included in the list of hazardous production facilities. In addition, in 2003, the Safety rules for gas distribution and gas consumption systems approved Decree of the Gosgortekhnadzor of the Russian Federation dated March 18, 2003 No. 9 , in clause 1.1.5 which it is indicated that their effect does not apply to gas equipment of residential buildings. Thus, with regard to the safe operation of VDGO, a complete legal vacuum has come.

In accordance with Rules and norms of technical operation of housing stock approved Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 , organizations - balance holders of the housing stock are required to conclude maintenance contracts for the VDGO with specialized organizations ( clause 5.5.6). Nevertheless, the majority of municipalities refused to conclude these agreements, citing a budget deficit.

With the introduction of the Housing Code of the Russian Federation (03/01/2005), the functions of providing end consumers with gas were transferred to HOA and management companies, which often, out of economy, hire companies that have neither experience, nor competent personnel, nor the necessary equipment to service the VDGO.

It is established that gas supply to a consumer living in a residential area is carried out subject to the proper maintenance and repair of the VDGO by a specialized organization ( 95). At the same time, it is provided that in the event of termination (termination) by the consumer of the agreement on the maintenance and repair of the VDGO, the gas supply may be suspended ( 97).

Numerous accidents, provoked, among other things, by gaps in the legislation on the operation of gas equipment, led to the adoption of another regulatory legal act - Gas supply rules, which regulate the relationship between suppliers and consumers of gas.

Basic concepts of the Gas Supply Rules

In accordance with Clause 3 of the Gas Supply Rules VDGO are gas pipelines of an apartment building or a residential building connected to a gas distribution network or to a tank or group cylinder installation, providing gas supply to the point of connection of gas-using equipment, as well as gas-using equipment and gas meters.

The parties to the gas supply agreement are the gas supplier and the subscriber.

Gas supplier - a gas supply organization that is a party to the agreement, which is obliged to supply the subscriber with gas of proper quality.

Subscriber - a party to the contract, obliged to accept the supplied gas and pay for it. A subscriber can be an individual (citizen), including the owner (tenant) of a residential building, who purchases gas to meet personal, family, household and other needs not related to business activities, or a legal entity (management organization, HOA, housing cooperative, housing and other specialized cooperatives) that purchase gas as a communal resource to provide citizens with communal gas supply services.

Such a scheme of contractual relations for the supply of gas fully coincides with the requirements, according to which the utility service provider is obliged to conclude contracts with the RSO on the acquisition of utility resources in order to provide utility services to consumers ( pp. "c" p. 49).

Gas supply rules also define the concept "specialized organization" - this is a gas distribution organization admitted, in accordance with the procedure established by the legislation of the Russian Federation, to carry out maintenance activities for the VDGO and has an emergency dispatch service or has entered into an agreement on the provision of emergency dispatch services.

The procedure for concluding a gas supply agreement

For conclusion HOA agreements or another organization that manages an apartment building must send an offer to the gas supply organization (application for the conclusion of an agreement) ( Clause 7 of the Gas Supply Rules).

Information that must be indicated in the offer is listed in Clause 8 of the Gas Supply Rules. So, it is necessary to indicate that it is supposed to supply gas to an apartment building, consisting of residential and non-residential premises with such and such an area, such and such number of owners. You also need to name the types of gas consumption, the composition of gas-using equipment, provide information about the gas meter (if any, at the entrance to the house); information about citizens who have benefits and other measures of social support for paying for gas; details of the act on determining the boundaries of the division of property.

In addition, the offer must be accompanied by:

Certified copies of constituent documents;

Power of attorney of the representative or other document confirming the authority of the representative (for example, the charter for the chairman of the board of the HOA);

Documents confirming the size of the total area of the premises in the house (technical passport);

Documents confirming the number of persons living in the house (certificates);

Documents confirming the composition and type of gas-using equipment that is part of the VDGO, and the compliance of this equipment with the technical requirements established for it;

Documents related to the gas meter at the entrance to the house;

A copy of the VDGO maintenance agreement;

Documents confirming the provision of social support measures to citizens for paying for gas;

A copy of the act on determining the boundaries of the division of property.

Within a month, the gas supply organization considers the applicant's offer and makes a decision ( Clause 11 of the Gas Supply Rules). The gas supplier has the right to refuse to conclude an agreement on the grounds specified in item 13 document in question:

The applicant does not have a VDGO, namely a gas pipeline, gas-using equipment or gas meters ;

The applicant does not have an agreement on the maintenance of the VDGO;

The supplier's lack of technical ability to supply gas;

Submission of incomplete documents or inaccurate information.

The contract is concluded for an indefinite period ( Clause 14 of the Gas Supply Rules). In case of refusal to conclude a contract, the gas supply organization sends a reasoned notice to the applicant.

VDGO maintenance contract

Gas supply rules exclude the possibility of concluding a gas supply agreement in the absence of a VDGO maintenance agreement. As noted earlier, a copy of the agreement on the maintenance of the VDGO and emergency dispatch support should be attached to the offer sent to the gas supply organization, and the absence of an agreement on the maintenance of the VDGO is one of the grounds for refusing to conclude a gas supply agreement ( pp. "k" p. 9 And pp. "b" clause 13 of the Rules for the supply of gas).

Recall that Rules for the provision of public services impose on the contractor of public services the obligation to service intra-house engineering systems. And in this sense Gas supply rules contain no innovations. However, it seems that, guided only by Rules for the provision of public services, gas supply organizations could not previously refuse to supply gas to managing organizations and HOAs. That is why only with the release of Gas supply rules organizations that manage apartment buildings, "fussed" and urgently began to conclude contracts with specialized organizations.

The increased danger of VDGO plays a key role. The absence of agreements on the maintenance and repair of gas equipment creates a security threat to the vital interests of the individual, society and the state, since the occurrence emergency in the VDGO system can lead to human casualties, damage to human health, significant material losses.

Parties to the agreement

The contract for the maintenance of VDGO and emergency dispatch support is concluded between the subscriber and a specialized organization. The definition of the concept of a specialized organization contains an indication that it must be allowed to carry out activities in the manner prescribed by the law of the Russian Federation. However, this order has not been approved Clause 4 of Decree of the Government of the Russian Federation dated July 21, 2008 No. 549 imposes on the Ministry of Regional Development of the Russian Federation the obligation to approve the procedure for the maintenance and repair of the VDGO). Licensing of activities for the maintenance and repair of the VDGO was canceled due to the adoption Federal Law of 08.08.2001 No. 128-FZ "On licensing certain types of activities".

However, according to Clause 3 of the Gas Supply Rules A specialized organization means a gas distribution organization. In turn, due to pp. "b" clause 2 of the Rules for the use of gas and the provision of gas supply services in the Russian Federation approved Decree of the Government of the Russian Federation dated May 17, 2002 No. 317 , the gas distribution organization operates the gas distribution system and provides services related to the supply of gas to consumers (the owner of the gas distribution system or a person who has concluded an agreement with the owner for its operation).

As for the subscriber, it is understood as a utility service provider, whose duties include concluding a gas supply agreement. Note that a citizen can enter into contractual relations with a specialized organization only if it is a question of servicing the VDGO of an individual residential building. Even if the owners of premises in an apartment building have chosen direct management, the VDGO maintenance agreement must be concluded on behalf of all owners. The conclusion of an agreement on the maintenance and repair of a part of the common property in the house by each owner is not possible.

Agreement conditions

Clarity in the designated issue should be introduced by the procedure for the maintenance and repair of the VDGO, the obligation to approve which is assigned to the Ministry of Regional Development of the Russian Federation. Given that the maintenance of the VDGO is aimed at ensuring safety and preventing accidents, it seems that the contract should establish reasonable terms for the inspection of the VDGO.

Must have an emergency dispatch service or conclude an agreement on the provision of emergency dispatch services ( item 3);

Must dismantle gas metering devices for verification or repair ( 29);

The right to give opinions on the state of the VDGO ( pp. "c" p. 47);

Can take part in the audit 57).

The relationship of the parties under the gas equipment maintenance agreement is complicated by the fact that VDGO includes both equipment that is the common property of the owners of premises in an apartment building, and property located directly in the apartment of citizens. What to do, for example, if the owner does not allow employees of a specialized organization to enter the premises to check the condition of gas-using equipment and metering devices? The responsibility of citizens is not provided, therefore, it remains only to rely on their consciousness.

The procedure for concluding an agreement

The legislation does not provide for any features of the conclusion of the contract in question. It seems that the subscriber must apply to a specialized organization with an application, provide the information necessary for the counterparty, and sign an agreement for a certain period.

What measures should HOAs and MAs take before signing an agreement with a specialized organization? First of all, the question arises: should the consent of the tenants be asked at the general meeting?

By choosing one or another method of managing the house, the owners of the premises in the house give confidence to the HOA or the managing organization. At the same time, the partnership and the management company have the right to independently determine how to manage the house (for example, with which contractor to conclude an agreement). Therefore, consent general meeting no specific contract is required.

Fulfillment of obligations under the VDGO maintenance contract and emergency dispatch support is associated with certain costs (payment for services under the contract). With any method of management, this amount is paid by the owners of the premises in the house. According to the housing legislation, the costs of maintaining and repairing common property in the house must be agreed with the owners. Thus, for the legitimacy of collecting amounts from residents in payment for the services of a specialized organization, the costs associated with the conclusion and execution of the contract in question must be approved at the general meeting.

Recall that, in accordance with paragraph 5 of Art. 46 ZhK RF the decision of the general meeting of owners of premises in an apartment building is binding on all owners, including those who did not take part in the voting (or voted against). This means that if the general meeting approves the costs for the execution of the VDGO maintenance contract, all owners, regardless of their will, will have to bear these costs.

Where to include the incurred expenses?

The price of the VDGO maintenance contract is key condition. It is not necessary to say much about the fact that an increase in gas supply fees due to the addition of a gas equipment maintenance fee to the gas fee can cause a negative reaction from owners who are already burdened with utility bills. In addition, there are no grounds for including the cost of maintenance in the structure of the retail gas price (see para. Information letter of the Federal Tariff Service of the Russian Federation dated 23.06.2005 No. SN-3765/9).

Service VDGO, of course, is part of the services and work on the maintenance and repair of common property in an apartment building. Consequently, the conclusion of an agreement with a specialized organization will entail an increase in the amounts for this line of the payment document. The increase in costs in this case must be authorized by the general meeting of owners.

It is also not prohibited to include a new line “VDGO Service” in the receipt. Moreover, in the case of the conclusion of a VDGO maintenance agreement on the exclusive initiative of the HOA or MA, the appearance of a new line in the payment document seems to be the most preferable.

To conclude or not to conclude?

What if the majority of owners are against the conclusion of the contract and do not want to pay the resulting costs?

If the managing organizations and the HOA on their own initiative conclude an agreement for the maintenance of the VDGO, they bear the risk of losses due to the fact that the owners are not obliged to pay them a fee for the maintenance of the VDGO in the absence of a special decision of the general meeting of owners (members of the HOA). When considering a case in court, partnerships and management organizations should draw the attention of the court to the fact that the supply of gas to an apartment building is excluded in the absence of a VDGO maintenance agreement.

IN Decree of the FAS ZSO dated May 28, 2009 No. F04-3101/2009
(7364-A46-31) it is rightly noted that the management company is obliged to conclude contracts for the maintenance of the VDGO in order to avoid creating a threat of a man-made emergency.

Failure to conclude a VDGO service agreement by the partnership and the managing organization threatens with administrative liability for Art. 7.22 Administrative Code of the Russian Federation for violation of the rules for the maintenance and repair of residential buildings and (or) residential premises. The sanction of this article provides for an administrative fine for officials in the amount of 4,000 to 5,000 rubles; for legal entities- from 40,000 to 50,000 rubles ( Decree of the FAS PO dated February 24, 2009 No. А12-15498/2008).

Organizations managing apartment buildings should carry out explanatory work in order to convey to the owners the need to conclude an agreement with specialized organizations for their own safety.

New act - old problems

The absence of an agreement on the maintenance of the VDGO and emergency dispatch services concluded with a specialized organization is one of the grounds for stopping the gas supply ( pp. "e" p. 45 of the Rules for the supply of gas, pp. "b" clause 97 of the Rules for the provision of public services). And in the event of a cessation of gas supply, the owners of the premises in the house have the right to demand that the managing organizations fulfill their obligations in court.

It must be said that the rules governing the procedure and conditions for the suspension of the execution of the contract are in conflict with the rules Rules for the provision of public services regulating the procedure for stopping the supply of gas.

For example, a gas supplier has the right to suspend the performance of obligations under the contract in case of non-payment or incomplete payment for the consumed gas for three consecutive billing periods (three months) ( pp. "c" clause 45 of the Rules for the supply of gas), and the utility service provider has the right to stop supplying gas to consumers if the consumer has debts to pay for services exceeding six monthly fees ( pp. "a" clause 80 of the Rules for the provision of public services).

Once again, we return to the question of the possibility of using Rules for the provision of public services to the relationship between utility service providers and resource-supplying organizations. There is no single answer. In practice, the issue is not resolved, and in theory, the utility service provider has the right to demand the establishment of parity, corresponding Rules for the provision of public services terms of contracts with resource-supplying organizations by agreement of the parties, and in the absence of such an agreement - in court (see. Letter from the Ministry of Regional Development of the Russian Federationdated 13.02.2007 No. 2479-PM/07). The existing difficulties caused by the competition of norms have yet to be resolved by the arbitrators.

In conclusion, I would like to note that big changes are coming in the field of servicing gas equipment. It is supposed to return state control over the condition of the equipment. The activities of specialized organizations are planned to be licensed again. It is possible that the powers of the HOA and the MA in the service sector of the VDGO will be limited. Experts also propose to share the burden of maintaining the VDGO between the owners of the premises and the state. To be or not to be such changes - time will tell. But even now it can be stated that the gas industry needs to be updated - both in physical and regulatory terms.

Rules for the supply of gas to meet the domestic needs of citizens, approved. Decree of the Government of the Russian Federation No. 549 of July 21, 2008. Let us add that the supply of gas for other purposes is still regulated by the Rules for the supply of gas to the Russian Federation, approved by Decree of the Government of the Russian Federation of 05.02.1998 No. 162.

In the case when the application is submitted for the purpose of acquiring gas for the provision of public services to citizens. In this situation, the gas supply agreement is concluded with each owner separately.

On the official website of the Ministry of Regional Development of the Russian Federation on the Internet, you can familiarize yourself with the draft of this document, as well as with the draft methodological recommendations on the application of the Gas Supply Rules.

See the article “Submission of communal resources: limitation, termination”, No. 7, 2009.

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