How does the Criminal Code carry out water shut-offs for non-payment and is it legal?
Content
- 1 Do they have the right to turn off water for non-payment?
- 2 How to find out why the cold or hot water was turned off?
- 3 How is water turned off for non-payment?
- 4 What to do if the water supply is illegally turned off?
- 5 How to hold a supplier accountable for illegal shutdown?
- 6 How to write a claim or complaint against a management company?
- → Ask a question to a lawyer → free consultation ↓
When using public services, citizens are required to pay their bills on time. For debts to the management company (MC), residents may lose the provision of housing and communal services. The reason for disconnection may be not only refusal to repay the debt, but also partial payment over several months .
Do they have the right to turn off water for non-payment?
Utility companies have the right to restrict owners’ access to housing and communal services only within the framework of the law. The sphere of housing and communal services is regulated by Government Decree No. 354 of 05/06/2011.
Restriction or complete ban on access to housing and communal services is possible only after prior notification of the owners. Without warning, the management company does not have the right to limit residents' water consumption, even if the debt persists for 3 months or more .
According to the law, due to the debts of the management company, shutting off cold and hot water supply is possible both in a private house and in an apartment. The reason for taking strict collection measures against debtors in the form of a complete restriction on water supply is debt for 3 or more months. But the company can send a notice of water shutoff starting from the 1st month of non-payment.
The law allows planned shutdowns during preventive maintenance. In this case, the management company is obliged to notify residents 3 days before the planned restriction .
For example, in Balashikha, 40 days before the water supply was limited, information appeared on the city portal about turning off hot water.
It is prohibited to restrict access to housing and communal services for the debts of neighbors in an apartment building . Residents also cannot be deprived of water supply if the company owes money to another supplier.
Example: in Pushkino (Moscow region), Pushkinskaya Heating Network OJSC turned off hot water due to debt to Gazprom. Even those residents who regularly paid their bills were left without water supply.
How to find out why the cold or hot water was turned off?
The only reason why utility companies can deprive residents of the use of hot and/or cold water supply for a long period of time is debt for non-payment of utility bills.
Before disconnecting, the management company is obliged to warn residents about the need to pay. The amount of debt and the timing of repayment of obligations are indicated in the notice. It is a document that sets out the claims of the management company against the owner of the property.
A sample notice (warning) includes:
- name of the legal entity;
- substantiation of the claim. The document specifies the term “Notice” or “Warning” and describes the reasons for contacting the debtor: the need to repay obligations, the amount and timing of deposits, consequences for refusal to comply with requirements;
- signature of an authorized person and seal of the organization.
If the user has not received a notification and is not aware of the reason why access to water supply has been limited, he should contact the management company for clarification. You can send a notification by email or call the hotline: the data is indicated on the housing and communal services receipt. The client can learn more about the consequences and requirements of the supplier during a visit to the management company or in the subscriber’s personal account (if the company has a website).
How is water turned off for non-payment?
Shutting off the water supply for non-payment of debts occurs in several stages:
- The management company notifies the owner of the debt on receipts. The basis is systematic non-payment for 3 months or more, or partial repayment.
- The user receives a notification from utility companies. If the owner ignores the terms of the Criminal Code within 30 days from the receipt of the warning (refuses to pay debts on time or does not fully fulfill financial obligations), the supplier sends a second notification after 3 days.
- If the requirements are not met, after the second warning, the resident receives a water shutoff act. In the document, the Criminal Code specifies the date and period of the restriction, and measures to resume the service. Until the certificate is received, access to water supply is blocked for 30 days.
- If funds are not received into the management company’s account within the specified period, the hot water will be turned off for non-payment.
What to do if the water supply is illegally turned off?
For debts, water can be turned off both in a private house and in a separate apartment. But in some cases, the actions of the Criminal Code may be illegal. If the owner regularly paid utility bills and complied with sanitary and hygienic standards, the company cannot deprive him of access to water supply for more than 24 hours.
to the SNT (gardening and non-profit partnership) are also considered unreasonable If the actions of the management company are illegal, residents have the right to:
- file a claim with the management company ( download a sample claim );
- write a complaint to Rospotrebnadzor;
- leave a statement with the prosecutor's office or a claim in court.
In the first case, the complaint will be considered by the management of the housing and communal services. If hot water is turned off for debt without warning, the client is entitled to compensation for damages.
How to hold a supplier accountable for illegal shutdown?
In case of unreasonable actions, utility workers may be subject to administrative or criminal penalties. To do this, the owner must:
- Contact the company with a statement.
- Confirm the illegality of the actions of the Criminal Code. As arguments, you can cite photos or videos of illegal acts, reviews from neighbors, and the consequences of damage.
- After considering the application, if the owner has rights, the management company is obliged to restore access to water supply and make a recalculation. If this does not happen after 3 or more days, the complaint should be sent to the prosecutor's office or Rospotrebnadzor .
If material or moral damage is caused, residents can file a claim in court. If the plaintiff's demands are satisfied, the company may be subject to a fine of up to 200,000 rubles.
How to write a claim or complaint against a management company?
A claim against the actions of the service provider is drawn up addressed to the head of the organization in two copies. One, signed by an authorized employee of the management company, remains with the client, the second is transferred to the housing and communal services authority.
The complaint must include ( download example ):
- The name of the legal entity and the name of the director (to whom the appeal is sent).
- Substantiation of the claim . The payer expresses why he is dissatisfied with the activities of the housing and communal services body, and gives arguments, referring to the legislation of the Russian Federation. It is recommended to attach certificates (payment receipts, for example) confirming the illegal actions of utility workers.
- Owner's demands : restoration of access to water supply, compensation for damage, recalculation.
- Date and signature of the applicant.
If the management company refuses the payer’s demands, a copy of the application is sent to Rospotrebnadzor or the prosecutor’s office, with the supplier’s decision attached.
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