New federal laws in the housing and communal services sector. Changes in housing legislation and the new law on housing and communal services Will the VAT refund procedure change?

Traditionally, every summer the State Duma of the Russian Federation adopts several federal laws regulating housing relations. 2017 was no exception. This publication provides a brief overview of the bills considered in July and the federal laws adopted this month. Explanations of all the listed regulatory legal acts are included in the programs of the upcoming AKATO!

Federal Law of July 1, 2017 No. 149-FZ
“On amendments to Article 174 of the Housing Code of the Russian Federation”

The law eliminates the inconsistency in the legal norms of the Housing Code of the Russian Federation, which provide for the establishment by constituent entities of the Russian Federation of an additional list of services and work on major repairs of common property in an apartment building.

In accordance with Part 2 of Article 166 of the Housing Code of the Russian Federation, a general list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum contribution for major repairs established by Part 1 the specified article of the RF Housing Code may be supplemented by a regulatory legal act of a constituent entity of the Russian Federation. At the same time, Part 1 of Article 174 of the RF Housing Code establishes that, at the expense of the capital repair fund, within the limits of the amount formed on the basis of the minimum contribution for capital repairs, only the work provided for in Part 1 of Article 166 of the RF Housing Code can be financed, and work provided for by the law of the constituent entity of the Russian Federation, repayment of loans received and used to pay for these works, and payment of interest for the use of these loans, loans.

The Federal Law clarified the provision of Part 1 of Article 174 of the Housing Code of the Russian Federation, namely, it stipulates that, at the expense of the capital repair fund, within the amount formed on the basis of the minimum amount of contribution for capital repairs, work may be financed that is provided not by law, but by a regulatory legal act of the subject RF.

Bill No. 113667-7

On amendments to Articles 154 and 156 of the Housing Code Russian Federation and Article 12 of the Federal Law “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”
(in terms of clarifying the procedure for determining the costs of paying for utilities consumed during the maintenance of common property in an apartment building)

The bill provides for amendments to Articles 154 and 156 of the Housing Code of the Russian Federation and to Part 10 of Article 12 of the Federal Law of June 29, 2015 No. 176-FZ regarding the procedure for determining the amount of expenses of citizens and organizations as part of the fee for the maintenance of residential premises in an apartment building to pay for utilities , consumed during the use and maintenance of common property in an apartment building.

The federal law (bill No. 113667-7) was adopted by the State Duma of the Russian Federation in the third (final) reading on July 19, 2017.

Bill No. 386179-6

On amendments to the Federal Law “On Water Supply and Sanitation” and certain legislative acts of the Russian Federation
(in terms of regulating relations between organizations providing water supply and sanitation and their subscribers)

The bill provides for amendments to the Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Sanitation” (hereinafter referred to as Law 416-FZ), to the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”, to the Federal Law Law of December 20, 2004 No. 166-FZ “On fishing and conservation of aquatic biological resources”, to the Water Code of the Russian Federation; a number of provisions of several federal laws are declared invalid.

The bill introduces a number of new definitions into Law 416-FZ, in particular, the concept of “standards for the composition of wastewater” is defined, additional powers in the field of water supply and sanitation are provided for the Government of the Russian Federation and local governments, and the obligation of the subscriber from whom wastewater is received under a contract is established. sewerage, pay a fee for violation of standards and requirements, the obligation to include provisions on the procedure for monitoring compliance with such standards and requirements in the sewerage contract. Chapter 5 of Law 416-FZ (“Ensuring environmental protection in the field of water supply and sanitation”) is repealed, and Chapter 5(1) “Regulation of wastewater discharge into centralized sewerage (sewage) systems” is introduced into Law 416-FZ.

The changes proposed by the bill will enter into force on January 1, 2019.

The federal law (bill No. 386179-6) was adopted by the State Duma of the Russian Federation in the third (final) reading on July 19, 2017.

Bill No. 1086603-6

On amendments to the Federal Law “On Heat Supply” and certain legislative acts of the Russian Federation on improving the system of relations in the field of heat supply

The bill provides for amendments to federal laws dated July 27, 2010 No. 190-FZ “On Heat Supply”, dated August 17, 1995 No. 147-FZ “On Natural Monopolies”, dated October 6, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, dated October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”, dated July 21, 2005 No. 115-FZ “On concession agreements” , dated July 26, 2006 No. 135-FZ “On the Protection of Competition”, dated November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”, in the Code of Administrative Offenses of the Russian Federation, in Housing complex of the Russian Federation.

The New Year brings new happiness and joy and new tariffs for utilities, but the only consolation for all residents is that the increase in housing and communal services will not be from the first of January, but from the first of July 2017. So during this time, the government may still reconsider the issue of increasing public services, but most likely this will not be done because, as everyone knows, the economy of the country is not in the best condition right now.

The increase in tariffs for housing and communal services in 2017 was discussed at a government meeting. Every year, prices for gas, heating, water, electricity increase according to inflation. In 2017, housing and communal services tariffs will rise by 4.9%. But the increase in prices for housing and communal services will not start from January 1, 2017, but from July 1, 2017.

The price increase will affect residents of Moscow and the region most of all. On average, utilities in the capital will increase by 7 percent. The least expected growth is in North Ossetia - by 2.5%. In second place in terms of increase is St. Petersburg, the northern capital of Russia, as well as the Kamchatka Peninsula and the Republic of Yakutia. Here the price will increase by 6 percent. Next, according to the list, are the republics of Bashkiria - 5.8 percent, Tuva - 5 percent, Sverdlovsk, Irkutsk regions - 5 percent and Primorsky Territory - also 5 percent.

The increase in gas prices this year for all regions will be almost 1.5 times faster than previously stated. Gas tariffs were initially expected to increase at 3 percent over three years (2017-2019). In 2016, gas increased by 2%. Gas prices will rise by 2.9% (2017), 2.4% (2018) and 2.1% (2019).

Heating and water tariffs will increase slightly. Heating, which accounts for a third of all utility costs of the population, will rise in price the fastest. In the new year by 4.9%, next year (2018) - by 4.4%, in 2019 - by 4.1%. Water prices will rise more slowly - 4.9% (2017), 4.4% (2018), 4.1% (2019).

The rise in the price of electricity, compared to gas, will be slower than expected. Previously, the Ministry of Economic Development considered the following prices: in 2017 7.1 percent, in 2018 5.4 - 5.9 percent, in 2019 - 5.1 - 5.6 percent.

What tariffs are set for Moscow residents for 2017? According to the information released, you will have to pay for the maintenance of residential premises (tariffs for the first half of 2017):

gas supply - 6.16 rubles. for 1 cubic meter;
electricity supply – 5.38 rub. for 1 kWh;
centralized hot water supply - 163.24 rubles. for 1 cubic meter;
heating (thermal energy) – 2101.52 rub. for 1 Gcal;
cold water – 33.03 rub. for 1 cubic meter;
water disposal (sewage) - 23.43 rubles. for 1 cubic meter;
major repairs of residential buildings – 15.0 rub. for 1 sq.m.;
maintenance of residential premises with an area within the established standards - 23.60 rubles. for 1 sq.m.;
maintenance of residential premises with an area beyond the established standards - 26.53 rubles. for 1 sq.m.

Changes in housing legislation in recent years are aimed at increasing the degree of participation of owners and tenants in the maintenance of not only the premises they own, but also common property and territory. Exactly what norms have undergone changes are described in the proposed material.

What are the most significant recent changes to housing law?

Speaking about recent changes in housing legislation, it is worth noting the most significant of them. For example:

  1. From January 1, 2017, the procedure for calculating payment for the maintenance of residential premises has been changed. Now it includes the cost of individual utility resources spent on paying for common property (hereinafter referred to as CDI) (Law No. 176-FZ dated June 29, 2015).
  2. Uniform requirements have been introduced for determining the amount of payment for the rental of residential premises under a social tenancy agreement or the rental of premises of a state or municipal fund (Order of the Ministry of Construction of Russia dated September 27, 2016 No. 668/pr). The new formula is based on the quality of the socio-economic situation in the region.
  3. In the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. By Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, changes were made regarding gas supply (regarding the conclusion of contracts, equipment maintenance, etc.).
  4. An obligation has been introduced to post all information about services and personal accounts of consumers in the Home page. information system Housing and communal services, administrative liability and civil consequences for non-accommodation.

New in housing legislation: payment for resources for maintenance of common property

One of the most sensational novelties of 2017 is a change in the amount of payment for utility bills in connection with the adoption of new regional standards for calculating the cost of resources spent on maintaining public property (the concept of utility resources itself was also introduced in 2017). The legal norm was consolidated in Art. 154 and hch. 9.1-9.3, 10 tbsp. 156 Housing Code of the Russian Federation. We are talking about the need to pay for such resources only if the structure itself assumes the possibility of spending them.

Payment for such resources is calculated based on the following:

  • common house metering devices;
  • automated information and measurement accounting system.

As alternative option Homeowners can make a decision at a general meeting to calculate the cost of paying for utilities based on:

  • from the standards established in the region;
  • last year's indicators for the same period, taking into account recalculation.

Consumption standards are determined at the level of the constituent entities of the Federation in the manner and according to the rules established by the Government of the Russian Federation in Resolution No. 306 dated May 23, 2006. At the moment, all regions have already developed their own standards, but not all of them have proven to be justified.

Entering information into the GIS Housing and Communal Services

The Law “On Amendments...” dated December 28, 2016 No. 469-FZ postponed to July 1, 2017 the deadline for mandatory placement of information in the GIS Housing and Communal Services by suppliers of utility resources and organizations managing apartment buildings.

Previously, the GIS housing and communal services was replenished with data entered from state and municipal information systems and information about licensees in the field of entrepreneurship - management of apartment buildings. The latter were required to place in the GIS Housing and Communal Services information about houses that were managed in accordance with the Composition of Information about Apartment Buildings..., approved. by order of September 29, 2015 of the Ministry of Telecom and Mass Communications of Russia No. 368, Ministry of Construction of Russia No. 691/pr.

Since July 2017, the obligation to enter the information listed in Art. 6 of the Law “On the State Information System of Housing and Communal Services” dated July 21, 2014 No. 209-FZ (hereinafter referred to as the Law on State Housing and Communal Services), is extended to most utility and management organizations, except for information providers operating in federal cities.

From 07/01/2017, housing control authorities had the opportunity to issue orders to place missing information in the system, but with a completion date after 01/01/2018 (letter of the Ministry of Construction of Russia dated 08/29/2017 No. 30838-ACh/04).

From 01/01/2018, a receipt not posted in the GIS Housing and Communal Services is not considered provided to the consumer (Part 8, Article 12 of the Law on GIS Housing and Communal Services), as a result of which:

  • the entity that was supposed to post information about payment is subject to administrative liability under Art. 13.19.2 of the Code of Administrative Offences;
  • the consumer may not pay the receipt.

Thus, in 2017, the law in the field of housing and communal services was enriched with the new concept of “utility resources”. In addition, a new stage in the development of GIS housing and communal services has begun: the legislator gave entities required to place information in this system six months to master it, and since 2018 has introduced adverse consequences for violators.

Since the beginning of 2017, significant changes have occurred in the system of payment for housing and communal services. Since changes in housing and communal services affect all citizens, everyone should know about them.

Below IQReview provides updated information on utility bills.

Changing lines in payment accounts

From January 1 The list of services itself began to look a little different payment . Now the bill for the maintenance and repair of the house is transferred to the payment for the maintenance of residential premises and the costs of utilities, which are used for the maintenance of common property. Previously, such an innovation was planned to be introduced in the spring of 2016, but was then postponed.

It would seem an insignificant innovation, but it allows you to regulate the transfer of funds for general household needs. Before this normal payment procedure in fact, it was not: there were situations when management companies charged more for the maintenance of the house than the amount for individual consumption in apartments.

Previously, the use of light bulbs (on landings, above the entrance doors), elevators, intercoms, as well as water for washing entrances was paid for by residents (the costs for this were distributed evenly among all apartments in the building). Since 2017 Fixed standards are established for the listed expenses. If the standards are exceeded, it will no longer be the residents (as before), but the management companies who will pay for the overexpenditure.

Also, such a line as garbage collection will move from housing services to utilities. In this direction, too, they had to restore order. According to Law No. 458-FZ, municipal solid waste is now classified as municipal solid waste. As a result, a revision may occur andtariff changes.

This is a change in the receipt it happened for a reason: it should encourage citizens to throw away garbage separately. The more waste is recycled, the less the amount will be housing and communal services receipts. It is also expected that this will facilitate the emergence of new operators whose task will be to control waste recycling. This area is quite complex: in both large and small cities (especially) there are a lot of unauthorized landfills, and the process of collecting and processing waste itself is poorly organized.

Changes in payment of debts for housing and communal services

They took seriously those who have debts. Now those who have not fully paid for housing and communal services have It will be possible to write off money from bank cards to pay off debt. True, this can only be done if there is a court order against the debtor (that is, only in court). If the court decides on collection, the debtor will receive a notice. In this case, citizens have the right to challenge the specified amount of debt and apply to cancel the order.

Cases of debts that do not exceed 500 thousand rubles will be considered in the magistrate's courts. Arbitration courts will take on cases where the amounts do not exceed 400 thousand.

Financial responsibility will be introduced not only for debtors, but also for management companies. If they make a mistake on the receipt If they incorrectly calculate the amount for utilities, they will be charged a fine of up to 50% of the erroneously indicated amount.

Amount of penalty for late payment of housing and communal services

This point, by the way, is quite relevant: in 2016 alone, and in Moscow alone, about 14,000 requests were sent regarding errors in invoices. Of these, about 10% of complaints were confirmed (due to a lack of information about accruals, debts, recalculations carried out, and accrual procedures incomprehensible to the population).

Important laws that came into force on January 1, 2017

Since the beginning of the year, the following important laws have come into force:

    When calculating the total area of ​​living space for terraces, balconies, verandas and loggias, reduction factors are established (according to the order of the Ministry of Construction of the Russian Federation dated November 25, 2016).

    The state is strengthening control over the expenditure of subventions for disabled people and veterans (in accordance with Law No. 461-FZ).

    A Unified Register of Real Estate and a Unified Accounting and Registration System is being created. It will store information from the real estate cadastre and the register of rights.

About changes in the rules for major repairs

Almost two years ago, a new column appeared in the housing and communal services receipt - for major repairs. The population has already understood and gotten used to contributions for major repairs.

This year, this area has also been affected by changes:

    Now local self-government bodies have specific deadlines (1 calendar month) for performing a number of actions (previously these deadlines were not regulated in any way). We are talking about the formation of a capital repair fund on the account of the regional operator (if the residents did not choose or create a fund on their own), about making a decision to carry out major repairs in accordance with the program for the region.

    Information about the current state of the capital repair fund should be made public. Now the account holder must submit a report to the State Housing Authority body on the following data: the amount received as contributions; the amount spent on major repairs; account balance; concluding a loan agreement to carry out major repairs.

    In case of emergency, major home repairs are carried out out of turn. The scope of work is limited to only the most necessary - what is necessary to eliminate the consequences of the accident is done. This addition applies only to houses for which the capital repair fund is formed on the account of the regional operator.

Tariff increase

Most main nuance for most citizens this is another increase housing and communal services tariffs. In 2017, this event is scheduled for July 1. The order on this was published on November 21, 2016.


Tariff increase index

The tariff increase indices will be as follows:

    North Ossetia - 2.5;

    Adygea, Karachay-Cherkessia, Chechnya, Belgorod, Kaliningrad, Kursk, Murmansk, Sakhalin, Tver, Tambov regions and Chukotka - 3.4;

    Altai Territory, Buryatia, Kalmykia, Mari El, Udmurtia, Pskov, Voronezh, Novgorod, Saratov regions - 3.5;

    Ingushetia, Rostov region - 3.6;

    Karelia, Transbaikalia, Stavropol, Oryol and Kostroma regions - 3.7;

    Amur, Kurgan, Ivanovo, Leningrad regions - 3.8;

    Khakassia, Krasnoyarsk Territory, Chuvashia, Ryazan, Bryansk, Smolensk regions - 3.9;

    Krasnodar and Perm regions, Vladimir, Kirov, Moscow, Orenburg regions - 4.0;

    Komi Republic, Khabarovsk Territory, Khanty-Mansiysk District -4.1;

    Mordovia, Tatarstan, Volgograd, Arkhangelsk, Tula, Lipetsk regions, Yamalo-Nenets Autonomous Okrug - 4.2;

    Samara and Vologda regions - 4.3;

    Astrakhan and Nizhny Novgorod regions - 4.4;

    Magadan, Omsk, Tomsk, Penza regions - 4.5;

    Jewish Autonomous Region - 4.8;

    Yaroslavl region - 4.9;

    Sverdlovsk, Novosibirsk, Irkutsk regions, Tyva, Primorsky Territory -5.0;

    Tyumen region - 5.4;

    Bashkortostan - 5.8;

    Kemerovo region - 5.9;

    Kamchatka, Sakha, St. Petersburg - 6.0;

    Moscow - 7.

Muscovites will feel the increase in tariffs the most - for the capital, the increase index was 7. Housing and communal services services will rise in price the least in North Ossetia (index - 2.5). The national average for utilities will increase by 4%.

About changes in housing and communal services in 2017 (video)

In connection with requests received by the Ministry of Construction and Housing and Communal Services of the Russian Federation on the issue of the possibility of establishing the volume of consumption of utility resources for the purpose of maintaining common property, below the standards for consumption of utility services for general house needs established by the constituent entity of the Russian Federation as of November 1, 2016 , we report the following.

According to Part 9 of Article 12 of the Federal Law of June 29, 2015 No. 176-FZ “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Federal Law No. 176-FZ) the provisions of paragraph 2 of part 1 and paragraph 1 of part 2 of Article 154, Part 1 of Article 156 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) on the inclusion in the payment for the maintenance of residential premises of the costs of paying for cold water, hot water, electrical energy consumed in the maintenance of common property in an apartment building, waste disposal waters for the purpose of maintaining common property in an apartment building are applied from January 1, 2017.

In accordance with Part 10 of Article 12 of Federal Law No. 176-FZ, when initially included in the payment for the maintenance of residential premises, the costs of paying for cold water, hot water, electrical energy, thermal energy consumed in the maintenance of common property in an apartment building, wastewater disposal to for the purpose of maintaining common property in an apartment building, their size cannot exceed the standard for the consumption of utilities for general house needs, established by the constituent entity of the Russian Federation as of November 1, 2016. For the initial inclusion of expenses specified in Part 9 of Article 12 of Federal Law No. 176-FZ in the payment for the maintenance of residential premises, a decision of the general meeting of owners of premises in an apartment building is not required.

According to the Ministry of Construction of Russia, based on the literal interpretation of this norm, it follows that the amount of costs for paying for cold water, hot water, electrical energy, thermal energy consumed in maintaining common property in an apartment building, wastewater disposal for the purpose of maintaining common property in an apartment building may be less than the standard for the consumption of utilities for general household needs, established by the constituent entity of the Russian Federation as of November 1, 2016. In particular, a similar situation may occur when the calculation of the amount of costs for paying for cold water, hot water, electrical energy, thermal energy consumed in the maintenance of common property in an apartment building, wastewater disposal for the purpose of maintaining common property in an apartment building is carried out according to indications collective (common house) metering device. Accordingly, in the case when an apartment building is equipped with a collective (common house) metering device, the inclusion of these costs in the payment for the maintenance of residential premises can be carried out in an amount below the standard for the consumption of utilities for general house needs, based on the actual volume of consumption of utilities for general house needs. In turn, the actual volume of consumption of utilities for general house needs is calculated as the difference between the readings of a collective (common house) meter and the sum of the readings of individual metering devices and (or) utility consumption standards. The resulting actual volume of consumption of utilities for general house needs is distributed among all owners of premises in an apartment building in proportion to their share in the right of common shared ownership of common property in an apartment building.

To include these expenses in the payment for the maintenance of residential premises in an amount below the standard for the consumption of utilities for general house needs, a decision of the general meeting of owners of premises in an apartment building is not required, since such inclusion is initial.

It should be noted that in accordance with paragraph 2 of the Decree of the Government of the Russian Federation of December 26, 2016 No. 1498 “On issues of provision of utilities and maintenance of common property in an apartment building,” government authorities of the constituent entities of the Russian Federation should no later than June 1, 2017 approve standards for the consumption of cold water, hot water, wastewater disposal, and electrical energy for the purpose of maintaining common property in an apartment building, taking into account the provisions of this resolution. In accordance with Part 9.2 of Article 156 of the Housing Code of the Russian Federation, the amount of citizens' expenses as part of the payment for the maintenance of residential premises for the payment of cold water, hot water, wastewater disposal, electrical energy consumed in fulfilling the minimum list necessary to ensure the proper maintenance of common property in an apartment building house of services and works, is determined on the basis of standards for the consumption of relevant types of communal resources for the purpose of maintaining common property in an apartment building, approved by government authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by government authorities of the constituent entities of the Russian Federation in the manner established by federal law.

Thus, after the state authorities of the constituent entities of the Russian Federation approve the standards for the consumption of cold water, hot water, wastewater disposal, electrical energy for the purpose of maintaining common property in an apartment building, the amount of payment for utility resources for the purpose of maintaining common property in an apartment building will be determined by the size of the corresponding consumption standard.

Meanwhile, it should be noted that by virtue of paragraph 11 of the Rules for establishing and determining standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 “On approval of the Rules for establishing and determining standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building" (hereinafter - Rules No. 306), standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building are established uniformly for apartment buildings and residential buildings that have similar design and technical parameters, degree of improvement, as well as located in similar climatic conditions. If there are differences in design and technical parameters, the degree of improvement, as well as the climatic conditions in which apartment buildings or residential buildings are located, the specified standards for the consumption of utilities are differentiated in accordance with the categories of apartment buildings and residential buildings provided for in Appendix No. 2 to Rules No. 306. If there are apartment buildings and residential buildings in a constituent entity of the Russian Federation that have design and technical parameters, a degree of improvement not provided for by the categories of residential premises defined in Appendix No. 2 to Rules No. 306, by decision of the authorized body the categories of apartment buildings and residential buildings may be supplemented .

In addition, according to paragraph 9 of Rules No. 306, the establishment of standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building is carried out on the initiative of authorized bodies, resource supply organizations, as well as management organizations, homeowners' partnerships, housing, housing construction or other specialized consumer cooperatives or their associations.

Based on the above, the standards for the consumption of utility resources established by the constituent entities of the Russian Federation for the purpose of maintaining common property will take into account the results of energy-saving measures in an apartment building.

A.V. Lapwing

Document overview

From 01/01/2017, in order to maintain common property in an apartment building, the payment for the maintenance of residential premises includes the costs of paying for cold, hot water, electricity consumed in maintaining the common property, and wastewater disposal (hereinafter referred to as costs).

When expenses are initially included in the fee, their amount cannot exceed the standard for the consumption of utility services for general household needs, established by the region as of November 1, 2016. For initial inclusion, a decision of the general meeting of owners is not required.

At the same time, according to the Russian Ministry of Construction, the amount of expenses may be less than the standard. In particular, this is possible when calculating the amount of expenses based on the readings of a collective (common house) meter. To include expenses in the fee in an amount below the standard, a decision of the general meeting of owners is also not required, since such inclusion is initial.

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