How to turn off the light for non-payment? The topic is interesting for those who have debts for utility bills, and who are faced with illegal actions of suppliers. What situations are possible and what does the law say?
Normative regulation
How to turn off the light for non-payment, is described in a number of regulations.
- Civil Code of the Russian Federation, Art. 546 - describes general provisions for power outages.
- The Law "On Electricity" - contains the main provisions on the rights and obligations of participants in electricity supply relations.
- Government Decision No. 354 of 2011.
- Government Decision No. 442 of 2012.
The first regulatory act describes the general procedure for signing an agreement between the parties to receive utility services. The second is devoted to the features of the electricity market. More often the courts in their practice refer to the second document.
There are a number of regulatory documents of a technical nature that describe the actions of company personnel.
Relations between the parties are governed by the terms of the contract concluded between the consumer and the energy supply company. But he, one way or another, refers to regulatory documents, and may not pay attention to how they turn off the light for non-payment.
Lack of agreement
The law obliges the consumer to conclude an agreement with the company for the supply of electricity. As a general rule, it is considered concluded from the moment the subscriber signs the document. At the same time, Decree No. 442 indicates actual consumption as the basis for considering the agreement concluded. And it is not dependent on the signing of documents. For example, the owner of the premises changed, who did not re-arrange relations with the supplier, and continues to pay bills. In this situation, you can not turn off the light for non-payment.
Thus, the lack of a full document does not deprive the owner of the premises of the rights granted to him by law.
Rights and obligations
There is a difference between the consumer status of a legal entity - a consumer, and a person living in a residential building and using electricity.
Their responsibilities are similar: to use the resource in the prescribed manner, without creating a threat to themselves or others, to pay for the service on time without delay.
An agreement is concluded with organizations for a certain period, and they have to draw up documents in order to continue its operation. Citizens do not need to do anything like this. With timely payment and law-abiding behavior, disconnection is not threatened.
The restriction of consumption or its complete cessation is possible in two categories of cases:
- agreement of the parties;
- cases prescribed by law.
A company providing consumers is not entitled to withdraw from the contract or disconnect from human consumption at its sole discretion.
Grounds for disconnection
In the first case, they want to turn off the light for non-payment, when a citizen violates the rules of the law and allows himself to save debts, going beyond a certain time frame.
The second reason is the theft of electricity. The consumer can pay bills for services charged on the basis of meter readings, and along the way, allow himself to connect past the meter.
If unauthorized replenishment is detected, its termination is made according to the rules without any warning and immediately. Next, a fine is charged for illegal consumption, an invoice is issued. If it is not paid in the allotted time, perhaps the subscriber already wants to turn off the light for non-payment.
If a house or an apartment is fully supplied by metering partitions, they also immediately lose their light.
Legislation gives the right to shutdown if the consumer overstates the consumption rate. Warning and postponement are not provided, the procedure is carried out immediately after the violation is detected.
Another option - company representatives have not been able to check the meter readings for a long time. This circumstance is equivalent to tax evasion.
In an individual residential building, meters are located in an accessible place for inspectors, and this problem does not arise. In multi-storey buildings, appliances can be located in apartments; in other houses, they are placed on the landing.
Algorithm of actions before shutdown
The procedure for disconnecting from utilities is prescribed in the 354 Resolution, periodically changes are made to it, which is forgotten by both citizens and company representatives.
Consider how electricians turn off the light for non-payment. A notification is sent with the name of the person to whom it is sent, and the reasons for which it is planned to disconnect. The rules noted that a 20-day period of time begins to flow from the moment the consumer receives the document. During this time, it is advisable to pay off the debt. Payment information may go into the organization’s information system with a delay, and it is advisable to visit Energosbyt in advance and provide receipts issued by the bank.
Refusal to receive a notification does not deprive the company of the right to turn off the lights, because in the documents there will be a postman's mark on the tenant's refusal to accept papers. The fact of non-living leads to the same consequences.
How a notification is sent
A notification is sent by mail with a notification. The rules provide for other ways of communication of a person about the risk of disconnection through the state information system of the housing and communal services, through a personal account on the company's page on the Internet.
A warning is allowed to be placed on receipts, a message is also provided by using telephone communication, provided that the conversation is recorded. In reality, mail and posting information on the Internet are simultaneously used.
Further actions of the company
The company, having evidence of a consumer warning, is entitled to completely limit the supply of the resource. At the time of complete restriction of access to it, the debt should be the amount accrued for 2 months. The calculation is made in accordance with the standards without taking into account the availability of the counter or its absence.
If it is possible to introduce a restriction, then the debtor is then given another 10 days to pay off the debt. If it is absent, shutdown is made completely without providing additional time.
How do electricians turn off the lights for non-payment? Suppliers are not in a hurry with outages, and it takes some time before it happens. Because of this, citizens think of the warning as something unimportant and only think about being left without light.
For how many months do they turn off the light for non-payment
According to the above rule, the criterion that gives the right to apply sanctions is not the duration of the violation, but the amount of debt. At the same time, the order of payment for the services used must be taken into account. Money is transferred no later than the 10th day of the month that follows the billing month. Charge is made on a monthly basis. If there has been an overpayment earlier, it is credited to future periods, due to which the moment of disconnection is postponed.
After what time do they turn off the light for non-payment in reality? It takes several months. Which time period will pass can be indicated by knowing the responsiveness of a particular supplier.
Drawing up an act
Full or partial limitation of electricity supplies is documented in an act. Its form is not established by legislative acts , at the same time it is required to indicate a list of information without which its legality will be called into question.
- full or partial shutdown is performed;
- date and time of the operation;
- address of the object to be disconnected;
- Name of consumer or organization name;
- points at which the shutdown is performed (a specific place where the light is turned off for non-payment);
- activities that were carried out with food restriction;
- meter number and indications;
- reasons why partial shutdown was not introduced.
The act is signed by the executors, a copy is transferred to the debtor. If he refuses to sign or accept it, a corresponding mark is put in the document, and the paper is sent by mail.
The lack of mandatory information should lead to the recognition of the act as not complying with the law, but in practice this is extremely difficult to achieve. Courts more often side with sales organizations.
Management company services
Legislation requires the right to receive services through a management company, and not directly from a guaranteed supplier. The essence of the scheme is to pay the owners of apartments services to the company’s accounts, and it is already calculated directly with the performers. Housing office turned off the light for non-payment - a very real situation from the point of view of the law.
The management organization shall act in the same manner as described above.
There are several additional nuances:
- shutdown cannot violate standards for home improvement;
- while not violating the rights of owners or tenants who regularly pay for services;
- create a risk to property, health and life of citizens.
Technically, situations in which other owners or residents will suffer during a shutdown will not be excluded. For example, it is impossible to disconnect one debtor due to the scheme of electric networks, if it is guaranteed that others will be harmed. The owners will either be left without electricity, or the quality of the service will deteriorate to an unacceptable level.
Shutdown when fully charged
Homeowners in an apartment building are sent one receipt. It includes all services that are billed. This approach makes selective payment impossible. You have to pay everything. Some citizens try to make notes on receipts, where exactly the amounts are sent.
The rules for the provision of public services indicate the right of the managing organization to distribute the money paid to all expense items if the amounts provided by the tenant do not cover all accounts. Thus, unnoticed by a consumer, he has a chance to accumulate debt for services that he pays in full. Do not be surprised if the Criminal Code turned off the light for non-payment of utilities.
Power Recovery
According to the rules of No. 354, after payment of the debt, the energy supply is restored no later than 2 days later. If there has been a complete disconnection, an agreement is concluded with the consumer.
In fact, how to turn on the light, if turned off for non-payment, depends on the company. First of all, they will be asked to present documents confirming the fact of payment of the debt. If the amount is significant, you should try to agree on an installment plan, not counting the obligation to pay current bills.
Together with the debt they will also ask for a connection. How much it will cost is indicated in the price list. Typically, the price increases in proportion to the distance of the base of employees from the facility where work is to be carried out. Management companies have their own tariffs if they do not attract outsiders to carry out work.
Facilities where power supply restrictions are not allowed
The legislation provides a list of objects on which it is impossible to turn off the light for non-payment:
- government departments;
- medical and veterinary institutions;
- facilities providing the operation of water supply and sewage systems;
- military units and facilities regardless of affiliation;
- organizations working with nuclear fuel;
- organizations performing the state defense order;
- institutions of pre-trial detention and the penal system;
- dispatching divisions of transport companies providing protection and blocking of communication lines;
- electric power facilities providing operational management and electric grid management.
Finally
The regulatory framework governing the functioning of the country's energy system is complex and confusing. The provisions governing the rights and obligations of citizens, describing the grounds and procedure for disconnection are scattered across various regulatory acts. In addition, they do not always coincide with each other and there is confusion in their application.
Disconnection from power is possible with the accumulation of debt in the amount of two months, calculated not by the meter, but by the standards. That is, one month of delay is enough to remain without light. At the same time, the company is obliged to notify of the potential termination of the supply of the resource. After which, no less than 20 days later, she receives the right to apply restrictions.