Every day we use electricity, watching TV, cooking on an electric stove, using other electrical appliances or just lighting the room in which we are. The life of each of us seems inconceivable without electric current. However, the supply of resources must be paid regularly, otherwise you can be left without electricity.
Turning off electricity for non-payment, management companies are fighting against negligent residents. Those who use utility services, but are not in a hurry to pay their accumulated debts on time, run the risk of losing a mass of civilization benefits. Can they disconnect for non-payment from the mains? Yes, and besides, the supplying organizations have completely legitimate reasons for this.
What the law says
Utilities annually lose huge amounts due to consumer debts. Despite the fact that the payment for electricity, water, gas, sewage is provided for at the legislative level and is the responsibility of both owners of privatized residential premises and tenants of municipal apartments, subscribers are not always able to pay bills. The Housing Code of the Russian Federation clearly regulates the procedure for the provision of housing services on the basis of an agreement concluded between the owners and the Criminal Code. Thus, the untimely payment of utility bills or the refusal to repay the full amount of current debt is a direct violation.
Based on the foregoing, a logical question arises: can the Criminal Code turn off the light for non-payment and in the future refuse to serve the premises belonging to the violator? It turns out, maybe, but the utility provider has no right to withdraw from the agreement unilaterally. His powers include limiting or temporarily suspending the provision of a range of services as a measure of influence and fight against debtors.
Many regulations in the field of housing and communal services provide for the continuous provision of a range of services to residents. Unauthorized to refuse to supply the resources required to ensure the full functioning of the people living in the premises, not a single UK or Homeowners Association has the right. Moreover, the legislation of the Russian Federation allows for limiting the supply of a resource in case of non-payment for its use for a certain time.
Detailed information on the competence of management companies or homeowners associations can be obtained by reading the Decree of the Government of the Russian Federation No. 354 dated 05/06/2011. The powers of these organizations regarding the suspension of the provision of utilities take place in the following situations:
- in the presence of consumer debt;
- in case of unauthorized use of services (lack of a contract).
Regulatory legal acts also provide for the likelihood of force majeure. It is not necessary to doubt whether the lights can be turned off for non-payment. But sometimes a blackout of electricity or water supply is not a way to punish a debtor, but a necessary measure if at least one of these unforeseen circumstances occurs:
- emergency damage to the network or its threat;
- natural disaster;
- decisions of state oversight bodies;
- implementation of emergency repairs.
The second document that guides utilities in the issue of stopping the supply of electricity is Decree No. 442, which predetermines the features of the functioning of the electricity sales market and the conditions for establishing a special regime for the consumption of electric energy with full or partial restriction.
Is there an alternative?
Can they turn off the lights for non-payment of utility services? The answer is obvious: they can. But at the same time, the cessation of electricity supplies is not the only and exclusive way to encourage the debtor to pay debts. An alternative decision of the management company is to submit an application, which is considered, as a rule, in a simplified manner. In judicial practice, service providers more often do not file claims, but a request for the preparation of a court order.
In this case, the requirement of the HOA or the Criminal Code will be considered legal, therefore, within five working days, the authority takes an appropriate decision. A copy of the order is sent to the debtor, offering to pay off the existing debt. If the consumer still refuses to perform actions related to paying the debt, the court decision passes to the bailiffs.
Also, for debts on any of housing and communal services, including electricity, the contractor is authorized to charge penalties after a three-month period during which debts have accumulated. Can a non-payment of penalties turn off the light? The answer to this question depends on the amount of arrears on accrued penalties. As a rule, 1/700 of the debt refinancing rate established by the CBR is totaled daily.
The next stage of this proceedings will be the appeal of the performers to the bank, where a personal account is opened with a person with arrears. Bailiffs have the authority to automatically deduct from the owner’s account the amount of debt for housing services. Is it legal to turn off the lights for non-payment? In this case, communal services will not disconnect electricity, as the missing funds will be withdrawn by force.
It is worth noting that this method of dealing with debtors is less popular, because it requires a certain procedure and is accompanied by prolonged paperwork. Can the UK turn off the lights for non-payment? Of course, after all, this method is less troublesome, but at the same time legal and giving the result much faster.
The relationship of housing and communal services
In the settlement receipt, which is received by consumers monthly, the amount is indicated not only for consumed electricity, but also for the use of other communal goods. So, far from all of them are subject to limitation or shutdown. So, for example, heating in the cold season is a communal service that determines the possibility of operating a room that has residential status. In addition to heating, the list of indispensable services includes cold water and sewage, but they can not be turned off. Is it legal to turn off light, gas or hot water for non-payment? The law gives an affirmative answer to this question.
The aforementioned regulatory act refers to the fact that it is possible to restrict access to a given service to a consumer only if there is a debt. Employees of the Criminal Code or representatives of the HOA are at the address of the violator, they seal the electric meter inside the building and equipment outside it.
But can they turn off the light for non-payment of water? In order to shut off water supply to a malicious payer, public service workers will first of all need to seal the equipment inside the dwelling, where residents have all the rights to prevent unauthorized persons. Can they turn off the light for non-payment of heat? Indeed, all engineering networks inside the building are the responsibility of the Criminal Code or Homeowners Association, but not the electricity supplier. However, disconnection from the heating system, especially in winter, is considered unacceptable by law. But the light in the presence of a certain debt for electricity and other listed services can turn off.
Amount of debt
Before proceeding with radical measures to influence the debtor, utilities make various attempts to encourage him to pay the debt. Some organizations hang up information about the amount of debt in apartments. Sometimes the amount of debt reaches tens of thousands of rubles. This means that the residents of the indicated premises have been accumulating their debt for several years. However, you should not accept such information as a guide to action. If these residents have not yet been turned off, this does not mean that you can use electricity for free for such a long period and no punishment will follow.
The legislation allows you to disable utilities in the presence of debt accumulated over a couple of months, and even those that do not go one after another (for example, in February and August). We are talking about the amount of debt equivalent to a double monthly payment. Many consumers at the end of each payment period paid only part of the missing amount, accumulating debt. Today, this option can only give a short delay. As soon as the amount of debt becomes higher than the two-month amount of payments, utilities can turn off the light for non-payment.
If the income of the residents does not allow paying for the communal apartment on time and in full, it is necessary to contact the social security authorities to register a housing subsidy. But this can be done if the debt has not yet accumulated. Monthly subsidies from the state are assigned for six months. The subsidy helps apartment owners in financial difficulties to prevent the formation of debt, up to an improvement in their financial situation.
Light off procedure
To limit the supply of electricity, utilities must adhere to a clearly defined algorithm of action. First of all, the debtor needs to send a written warning about a power outage in the form of a registered letter, notice, message by e-mail. A notification is considered a telephone call of the autoinformer. From the moment of receipt of the news about the planned shutdown, the owner is given 10 days. For this period he must pay off the debt.
It is important that the debtor meets the deadline, and the payment method chosen by him does not matter. If the light for non-payment was turned off without warning, the actions of utilities are illegal.
In addition, even after 10 days provided for the repayment of the debt, the UK and HOA may give another delay. If again the debt is not paid, the public utilities get all the reasons for taking real measures. Thus, the maximum possible delay for debt payment can be 20 days.
Registration of the act
Starting the procedure of direct blackout, the public service workers are obliged to draw up an appropriate act. This document should contain:
- information about the non-payer;
- The exact address of the premises;
- a description of the actions taken by community service employees;
- shutdown time;
- series and number of the counter, its latest readings.
The act is drawn up in triplicate, one of which must remain with the residents. If the owner-debtor does not recognize the accuracy and accuracy of the information entered in the document, he has the right to make notes about it. The act is signed by community service workers and the debtor subscriber (or his family members present).
The next stage is a direct disconnection from the mains. An electrician arrives at the debtor's address, which will switch the lever or disconnect the wire in the control cabinet. In apartment buildings, they are located on landings. In new buildings, to limit the supply of electricity, UK companies can do without an electrician’s trip: the light is switched off remotely using special equipment. The procedure for suspending the supply of this resource should not cause harm to other residents of the house, lead to damage to common property.
The question of whether the lights can be turned off for non-payment is relevant for many families. After the supply of electricity to the premises ceases, the resumption of access to the service will be possible provided that the full amount of the debt is paid. Russian legislation in the housing sector is responsible for all costs associated with the cessation and restoration of utility services, determines the owner of the premises. The amount may be paid into the next payment receipt or paid directly at the bank's cash desk.
When turning off the lights is illegal
If the light for non-payment was turned off without warning, the consumer has every chance of recognizing the actions of utilities as unlawful. In practice, the cessation of electricity supplies is not always carried out properly and corresponds to the letter of the law. First of all, the amount of debt is taken into account: if it is less than two average monthly payments for electricity, then such a shutdown is illegal.
Can the lights be turned off for non-payment without notice? If a consumer can prove that a warning has not really been received, he should contact the housing inspectorate, antimonopoly authorities or file a lawsuit against the management company to protect his violated rights. As a punishment, the guilty party and officials will be fined. To date, there are enough precedents. Courts regularly review lawsuits in which consumers are asked to declare illegal the actions of utilities.
Who owns the appropriate authority
Based on the content of the above by-laws, the contractor in the person of the communal service has the right to limit the provision of services. Basically, we are talking about an organization that provides the supply of resources to consumers. Despite the fact that the electricity supplier is actually the electricity supply company, the management companies, partnerships of owners, housing and construction cooperatives, etc. are authorized to cut off the energy supply. In this context, there is no doubt that the chairman of the SNT, HOA and other self-government can turn off the light for non-payment housing and communal services organizations.
The thing is that agreements for the supply of resources are not concluded directly with consumers, that is, not with each owner of an apartment or private house directly, but through utilities. The execution of contracts for the supply of electricity automatically gives organizations the managerial authority to take action against non-payers. That is why it is important to establish with whom an agreement was reached on the supply of energy resources. The person appearing in the contract will be considered the contractor of this utility service.
Why turn off electricity to those who pay regularly
Despite the fact that the presence of debt is the main reason for restricting utility services, the law provides for other reasons for stopping the supply of electricity. So, for example, the lights in the house can be turned off with the consent of all parties to the contract, which are representatives of the electricity sales market, the contractor (UK, Homeowners Association, SNT, ZhSK, etc.) and end users (apartment owners).
To find out if the light was turned off for non-payment, as a rule, it is enough to contact the utilities and make sure that there is no debt. Sometimes the limitation of electricity supplies is caused by reasons independent of the residents (emergency and emergency situations, natural disasters, repair and preventive maintenance), electricity is not allowed if the equipment and wiring are in poor condition.
But nevertheless, the most common reason for limiting utility services is the presence of debt for the use of resources, in connection with which many consumers have a very logical question about whether it is possible to turn off the light for non-payment. The amount of debt, with the occurrence of which restrictive measures can be taken against the non-payer, was noted earlier: a double amount of the average monthly payment for electricity. This is the minimum threshold that cannot be arbitrarily changed by any public service.
If the house has small children
Some consumers mistakenly believe that not a single management company will limit the supply of electricity to a dwelling in which minors live. Indeed, if the child is at home, can they turn off the lights for non-payment? Registration or actual residence of young children in an apartment or private house does not affect the punishment of the owner who has accumulated electricity debt.
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Can HOA really turn off the lights for non-payment? Many do not believe that partnerships have such powers. However, in practice, everything is completely different. With questions of connecting the apartment to the general power grid, the violator will also have to contact the public utilities responsible for housing and household issues of the life support of a particular building.
Who to contact after paying a debt
The lack of electricity in the living room is a serious problem, so the issues of restoring the supply of resources are no less important. So where to go to connect the light?
After paying off the debt (or concluding an agreement with the management company on the installment plan for payment of the missing amount within a certain period), you must write the corresponding statement in the name of the contractor. Most often, the electricity connection service is paid. Along with the acceptance of the application, the municipal service forms an application for calling an electrician, who arrives at the right address, eliminates the seals and draws up an act to restore the supply of electricity.
A huge mistake of some citizens is attempts to unauthorized connection to the network, which are fraught with serious and adverse consequences. This method is illegal, it is not worth resorting to its use, because:
- In the process of contact with the power grid, there is a risk of electric shock or damage to electrical equipment.
- Such an action is qualified in the Code of Administrative Offenses of the Russian Federation as unlawful, therefore the violator will be brought to administrative responsibility. With unauthorized connection, citizens face a fine of 3 to 4 thousand rubles, legal entities - from 60 to 80 thousand rubles.