What is the boundary of operational responsibility? For the operation of any institutions, agreements are concluded for water, heat and energy supply. The terms of these agreements are such that the subscribers receive a service for a fee, and therefore are required to keep all networks in good condition. Where is the very boundary of operational responsibility?
What is regulated
Since there is often a misunderstanding between resource supply organizations and management companies regarding operational responsibility, a government decree was adopted. For example, in paragraph 1 of the Rules for water disposal and water supply of the same decree, all concepts of the boundaries of operational responsibility are spelled out as accessible as possible.
According to the document, this border is the boundary of the division of property. What does it mean? The division of ownership becomes the basis for determining the boundaries of operational responsibility, that is, using this method, you can determine who will bear the burden of maintaining the facility: owners, management company or resource supplying organizations. This rule applies to all utilities.
Let's consider each in more detail.
Power supply
If we talk about energy supply, then the boundary of operational responsibility and the liability of the Republic of North Ossetia passes until the point of connection of the common house meter is connected to the electricity network that is part of the multi-storey building.
It turns out that the responsibility of the management company is considered to be an intra-house supply system and electrical devices that disconnect devices from the apartment.
Residents of apartment buildings also have their own responsibility - these are home appliances and devices after disconnecting devices in meters, floor bills and apartments.
Heat supply
In order to determine the boundary of operational responsibility and balance sheet liability, the following principles must be observed: resource supplying organizations are responsible for the heating system until the point of connection between the common house appliance and the heating network entering the house. The management company, in turn, is responsible for disconnecting devices on the branch of the risers, directly the risers of the heating system, as well as for the shut-off and control valves that are located inside the apartment.
As for the residents, the boundary of the operational responsibility of heating networks begins inside the apartment. They are responsible for branches of the risers of the heating system after the locking and regulating frame and heating devices.
Water supply
What is the boundary of the operational responsibility of water supply networks? In this case, the RNO is responsible until the junction of the common house meter and the water supply network, which is part of the apartment building. The Criminal Code must monitor the condition of the risers of cold and hot water supply, shut-off devices on the sleeves, as well as the condition of the locking-regulating frame of the internal wiring directly.
Important nuance
In the contract (act) of the boundaries of the balance sheet and operational responsibility, as a rule, utility networks related to common property and other utility networks are separated. For this reason, it is important to understand what relates directly to common property:
- Premises of an apartment building that are not considered part of the apartments. They should be designed for more than one room. And it doesn’t matter if the living quarters or not.
- Engineering systems of gas supply, cold and hot water supply, electricity and heating inside the MKD.
The boundaries of the operational responsibility of water supply networks or any other are divided into internal and external. The latter share the powers of the management company and the resource-supplying organization. Internal borders regulate issues between owners and the management company. Let's talk more about this topic.
External borders
When we talk about a situation in which the external boundaries of engineering networks that are part of the property of a multi-storey building are affected, then, according to the law, the external wall of the building will become the boundary of the division of operational responsibility between the management company and the resource-supplying organization. If the house has a common house meter for any resource, then the boundary between the sensor and the engineering network, which is part of the apartment building, will become such a boundary.
Quite often, the boundary of the operational responsibility of the parties is not according to the standard plan. In such a situation, the part of the engineering network that is located outside the exterior wall of the house becomes the responsible area of the house management company, although it should be the responsibility of the resource supplying organization. How will the issue be resolved in this case? After all, the content of the fragment will be accompanied by large losses. For this reason, signing the act of division of responsibility, you need to read it very carefully.
Another controversial situation is when the line of responsibility passes through an external valve. This happens if the external section of the engineering network relates to the property of a multi-storey building. In this case, the RNO technically maintains the network at the rate that is approved for the owners of the apartment building. Then the responsibility of the management company is to offer an acceptable tariff for owners. Any type of repair, especially emergency, is carried out at the expense of the resource supplying organization.
Separately about gas
It is worth saying a few words about the external border of the balance sheet ownership and operational responsibility of the gas pipeline. In all other resources, the border is in one place, but not in the case of gas supply networks. In such a situation, the same boundary between the management company and the resource supplying organization is located at the junction of the first locking device with the external gas network.
Regulatory document
In order to avoid problems with defining the boundaries of responsibility, all parties sign an act of the boundaries of the balance sheet and operational liability. The document indicates the network location plan and the area of responsibility of each of the parties.
Correct coordination of borders is of particular importance, because if this is done incorrectly, fabulous amounts will be spent on building maintenance. For example, as evidence in cases of collection of debts for the payment of electric energy that was lost during the transfer, you can only use it if certain circumstances are established:
- The fact of the flow of energy through electrical networks.
- Affiliation of electric grid facilities and the boundaries of the balance sheet affiliation.
- Methods of fixing energy volumes both at the exit and at the entrance.
- The amount of electricity that has gone out of the network.
- The amount of energy that entered the network.
- The difference between the two quantities, which is the lost value.
- Debts on payment. It is calculated as the difference between the payment made for electricity and the energy lost.
Ownerless networks
How to set a boundary / delineation of operational responsibility if engineering networks do not belong to anyone? How does it happen? But it’s very simple: such networks do not appear on either the balance of the North Ossetia or the balance of the management company. In addition, they are not included in common property. As a rule, these networks are transferred to municipal ownership. In this case, the local government should find a resource-supplying company within a month whose networks are connected to nobody's network.
After that, the federal service will include the costs of maintaining the network in the tariff plug of the Republic of North Ossetia for further management. If for some reason this was not done, then all the expenses will be borne by the management company. Moreover, this includes both loss of electricity and repairs on the site.
Inner borders
The boundaries of the operational responsibility of a sanitation or other network, other than external, may be internal. These boundaries are drawn between the owners and the management company. So, the definition of the internal boundaries of operational responsibility should be carried out by law. And the last one says the following:
- The boundary is determined by the valves on the connections of the heating pipeline to the radiator in the apartment. If there is nothing like this, then the section goes through the threaded connection of the radiator plug. This applies to the heating network.
- For hot and cold water supply, the boundary will be a valve at the point of removal of the pipeline from the riser. If it is absent, then the weld in the same place will become such a place.
- In wastewater, the border runs along the cross, tee or branch pipe riser.
- As for power supply, in this case, the border is the place of connection of the wire leaving the apartment with the electricity meter, RCD, circuit breaker.
The boundary of the operational responsibility of the owner and the management company is the inner surface of the apartment walls, front door and windows. All enclosing load-bearing structures, collective parking lots, playgrounds and other land plots located near the house, corridors, stairwells, attics, roofs and elevators belong to the responsible area of the managing company.
Arbitrage practice
It has already been said above that it is important to draw up an act of the boundaries of operational responsibility correctly. The importance of this is evidenced by an example from judicial practice.
Once the management company filed a lawsuit in which it was requested to invalidate the terms of the energy supply agreement. Also, the Criminal Code wanted heating networks to go into the area of responsibility of the resource supplying organization. The court, on the basis of normative acts and the act of borders, refused the lawsuit. The reason for this was the content of the contract, in which the management company took over the portion of the networks that took place during the proceedings.
But this does not always happen. The court often applies other decisions, especially if the boundaries of the balance sheet in the act itself are marked perfectly than on the outer wall of the MKD or at the installation site of the meter. In such a situation, the balance sheet act is not valid.
If between the parties an act of delineation of responsibility is not drawn up, then, as a rule, the court decides to draw the line of operational responsibility along the balance sheet. Simply put, in this case, the border runs along the line of dividing engineering networks.
Drawing up an act
If zones of operational responsibility are established in this contract, this does not mean that at the end of the document's validity it is impossible to change the same zones according to the parties' objections. To do this, you need to draw up a new document. As a rule, this is the company supplying something.
If the resource supplying company does not show initiative, then certain documents are sent to it:
- Extract from the USRIN (Unified Register of Real Estate). It is needed in order to confirm ownership rights.
- A copy of the building permit. It must comply with article 51 of the Urban Planning Code of our country.
- A copy of the act of introduction into use. It also needs to be drawn up in accordance with the requirements of the Town Planning Code (Article 55).
After the package of documents has been sent, the management company will receive an act of delineation of operational and balance sheet liability.
The document should contain the following data:
- Name and details of the paper.
- The main part indicates the details of the recipient, supplier, technical characteristics and location of the object, communication scheme.
- The last part defines the obligations of the parties. It is necessary to seriously approach this issue and clearly delineate responsibilities in order to avoid controversial situations in the future.
It is important to remember that the document does not have a specific form, it just needs to list all the main points. And also some special form is not needed.
The document is always made in triplicate. One receives the consumer, the second - the controlling organization, the third - the supplier. Although formally the three parties share the boundaries of responsibility, the document is signed only by the management company and the resource supplying organization.
What is the meaning of the agreement?
The border of the balance sheet shares not only the property of the house, but everything else. This is defined by the Housing Code, as well as the fact that Article 36 defines the common property of residents of an apartment building.
After signing the relevant act, each party understands which site belongs to it, as well as who will repair it in case of damage. If for some reason the boundary of responsibility has not been determined, then it will be carried out in accordance with the balance sheet affiliation. By the way, the latter is always installed along the outer wall of the building. This is the main difference from operational responsibility, the latter may:
- Coincide with the boundary of the balance sheet.
- Determined by agreement of the supplier and consumer.
- Pass at the junction of the meter and the apartment building network.
Why is the act signed? Yes, everything is simple: it is necessary to legislatively fix the boundaries that indicate the responsibilities of each side.
Sometimes the act does not help either, because one side begins to unreasonably shift borders towards expanding the circle of responsibilities of the other side. In this case, the determination of the boundaries takes place in court.
What the law says
The conclusion of contracts is regulated by law. In particular, agreements on energy supply are regulated by the Civil Code of our country. Article 539 of the Civil Code (Town Planning Code) defines the following boundaries of operational responsibility:
- The commitment of the resource supply organization to supply energy to consumers.
- The obligation of the consumer to immediately pay for energy, observe the consumption regime, ensure the safety of the use of networks and their serviceability.
In addition, the party receiving energy must have:
- Connection to the networks of a resource-supplying company.
- Device for receiving energy.
- Energy metering devices.
- Other necessary equipment.
It turns out that the law endowed the recipient of resources with greater responsibilities than the supplier. For this reason, the document on the division of operational responsibility allows you to remove from the addressee extra costs and work.
Basic concepts
The article dealt with the boundaries of operational and balance sheet ownership, but the concepts of these terms were not given.
The boundary of the balance sheet is the line of dividing the elements of sewage systems, water supply and facilities on them between the owners according to the proprietary principle, operational management and economic management.
It turns out that the act of demarcating the balance affiliation of electric grids is a document that is drawn up during the technological connection of power plants of legal entities and individuals to electric grids that determine the boundaries of the balance affiliation.
The boundary of operational responsibility is the line of dividing sections of sewage systems, water supply and other engineering networks on the principle of responsibility for the use of elements of engineering systems, which is established by the act of delineation of responsibility. We repeat that if there is no document, then the border is set according to the balance sheet ownership. By the way, as for power supply, this rule does not work there. A Letter from the FTS of Russia of 2005 said that the released heat energy is already considered to be heat energy, on the border of the balance sheet and operational responsibility.
Act of delineation of responsibility of the parties - a document that is drawn up by the consumer and the network organization for the transmission of electricity at the junction of energy-receiving devices. .
Conclusion
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