Gas disconnection for non-payment in a private house or apartment and on other grounds: rules of use; when, how and for what they can stop serving My right

Legislation

Civil Code No. 51-FZ of November 30, 1994 names the general grounds for concluding contracts, fulfilling obligations, and measures applied to debtors.
Government Decree (hereinafter referred to as PP) No. 549 of July 21, 2008 establishes the rules for the supply of gas for domestic consumption. Contains the procedure for turning off the gas supply.
PP No. 410 dated May 14, 2013 stipulates the conditions for the safe use of gas equipment in apartment buildings, lists the measures to be taken against defaulters by turning off gas in apartments and their subsequent connection.
PP No. 354 dated 05/06/2011 determines the procedure for the provision of utility services. Chapter 11 talks about the right of utility companies to limit or stop providing services to debtors.
PP No. 1245 dated November 25, 2016 allows limiting the supply of fuel in case of violation of the terms of the contract.
Order No. 92 of Gosstroy dated April 21, 2000 approves methodological recommendations for the use of heating systems in everyday life. Gas is a coolant.

What to do if there is an unexpected gas outage

If the subscriber has no debt, the interruption of any utility services will always be unexpected. But when the gas in the stove disappears, residents may become concerned about their own safety.

We'll figure out what to do and where to go if the gas is turned off in an apartment building.

Contact the emergency service by phone 04. The shutdown may be due to an emergency in the system. If the reasons are known, the operator will report them. If not, the emergency service will conduct an inspection.
Call the management company. It is possible that planned work is being carried out and supply will soon be restored. In this case, the notification sent by the management company did not reach the subscriber.
The third authority to call if there is no gas is the service provider. His contact details are usually indicated on the receipt. This is the last resort. Rather, the reasons for the shutdown will be reported to the emergency service or housing office.

Legal and not so legal shutdown of gas for debts

The rules and conditions for disconnecting the gas supply to debtors are regulated by the PP. Different reasons:

in case of non-payment of the supplier's services in full or in part for two months in a row;
if meter readings are not transmitted;
if the owner of the property does not open the door more than 2 times to the employees of the service company conducting a routine inspection of the equipment;
use of devices that are not included in the contract and do not meet safety requirements;
expiration of the service contract for gas appliances;
expiration of the service life of meters, columns, plates.

It is prohibited to turn off gas to debtors when:

Dear readers! To solve your problem right now, get a free consultation

— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves
- an experienced lawyer will solve all your problems!

there is no other way to prepare food, for example the house is not connected to the electrical network;
in cold weather, if the house is heated with natural fuel.

Important: gas can be turned off at any time if the debt exceeds 2 months.

What should be the amount and term of the debt?

The government decided that it is possible to disconnect a debtor from gas if he does not pay his bills for more than 2 months in a row. The same applies to situations where payment for services occurs in installments. The amount doesn't matter.

Before applying the measure, the service organization is required to suspend the supply of resources, for example, by specifying the hours when the service will be provided. During this time, the defaulter is obliged to eliminate the debt. If a person ignores the warnings, they are completely disconnected from the gas supply.

An exception to this rule is possible when there is no technical way to stop the fuel supply. Then the gas is turned off immediately.

Can they close it in winter?

Utilities can shut off the gas supply during the heating season, provided that the house or apartment is heated in a way not related to natural fuel, that is, a stove, central water heating, or other types are installed.

In other cases, stopping the supply of a resource is permitted. There are no exceptions here. Living in the debtor's apartment for disabled people, elderly people, or children will not be grounds to cancel the decision of the resource provider.

Whether or not to stop supplying fuel to homes is decided by the service organization. This is a right, not an obligation. Often the issue is resolved individually.

Can they give me an installment plan?

Utilities warn debtors of their intention to stop gas supplies. Time is given to resolve the issue peacefully. To do this, you need to come to the management company, the service organization with which the contract has been concluded, and sign an agreement to pay the debt in installments.

There are different options for resolving the situation. The agreement will have to be strictly observed. Violation of the conditions will give the utility companies a reason to take enforcement action.

Important : gas heating is prohibited from being turned off in winter.

Disconnection rules and deadlines

If residents (owners) for some reason want to temporarily turn off the gas, for example during construction, then such a shutdown will be free. Gas brigade workers will come and turn off the gas.

But, when construction and other work are completed, the home owners will have to pay money for a new gas supply, regardless of the fact that they were connected previously.

For example, in the case of unpaid two periods in a row, the gas is turned off temporarily, after warning the homeowners in advance (a notification letter is sent by mail).

After residents are informed, a partial shutdown of the service occurs if the provider has chosen this particular punishment for non-payers.

The notice must contain a specific schedule according to which the gas supplier will carry out the shutdown. This schedule begins 20 days after notification of defaulters.

The gas service will be completely disconnected 50 days from the date of the first warning. Also, a complete shutdown must again be accompanied by written notice to the home owners.

If partial gas shutdown is an impossible procedure for one reason or another, then complete shutdown may occur earlier, namely after 23 days.

Attention! Gas cannot be shut off if this action could create an emergency (regulated by Article 546 of the Civil Code of the Russian Federation). However, if it is not possible to temporarily (partially) suspend the gas supply for any reason, then the supplier has the right to completely turn off the gas.

Notification

Management companies can influence debtors in different ways: they send notices, suspend services, and collect debts through the court.
If the service organization decides to turn off the gas supply, it is obliged to inform the defaulter. Used:

notification letter;
utility bills. An entry is made in the payment document indicating the amount;
SMS messages, emails, information messages through your personal account on the housing and communal services portal.

Deadlines

Notice periods vary depending on the situation:

20 days before the proposed event in the following cases:

the person does not fulfill the terms of the contract;
does not allow inspectors into the apartment;
uses faulty, untested equipment;
does not pay receipts for 2 months in a row;
did not enter into a service agreement (PP No. 549, clause 46). The violation is associated only with the use of natural fuels.

The violator is given 20 days to repay the debt, after which restrictions are introduced. If a person has not taken measures to resolve the conflict, 10 days after the restriction, the gas is completely turned off (Government Decree No. 354, paragraph a, paragraph 119). The rules apply to all types of utilities that are disconnected for debts.
When an apartment owner violates security requirements, does not allow inspectors in, does not enter into an equipment maintenance agreement, or uses devices that have not passed inspection, utility companies are required to send two notifications. One - 40 days before the planned shutdown. If no action is taken, the second one is sent 20 days before the planned events (Government Decree No. 410, paragraphs 80, 86). In this case, it does not matter whether the debt exists. Violation of the above safety requirements is sufficient.
There is another deadline - 3 days before the fuel supply is cut off. It is provided for by government decree No. 1245 in paragraph 13.

In practice, the debtor is given 2 warnings: 20 days before the gas supply is turned off and 3 days before it.

Is it legal to disconnect for debts without warning?

The government's answer to this question is clear: notification is mandatory. If there was no warning, the gas should not be turned off.

Important: before disconnecting, gas workers are required to send a notice to the defaulter.

Cases of illegal gas shutoffs

We have discussed all the reasons why the law allows a supplier to interrupt gas supply. Shutting off gas for other reasons is illegal.

The following cases can be considered illegal shutdowns:

without warning, when it is mandatory, failure to comply with the deadlines for sending notification;
on the basis of denial of access by inspectors, if the subscriber was not at home at the time of the inspection;
due to the occurrence of debt only for some residents;
for reasons for which the supplier himself is to blame;
carried out by an organization with which subscribers did not enter into a maintenance agreement;
disconnection from gas distribution systems for other reasons not provided for by law.

It is illegal to cut off gas for a long time during the heating period if the resource is the only source of heating, and the shutdown entails the unsuitability of the premises for habitation, damage to property and utilities.

If the consumer considers the disconnection illegal, he should contact the supplier with an oral and then a written complaint. If there is no result, you can go to the prosecutor’s office, the service for supervision in the field of consumer protection, and if damage is caused, to the court.

Disconnection procedure

The shutdown procedure depends on the location of the apartment or house in which it will occur. If there is access to the debtor's premises, the gas equipment is sealed. Devices are installed that do not allow you to turn on the gas yourself.

When the owner does not allow utility workers into the apartment, house, gas supply will be stopped by disconnecting part of the pipe leading to the defaulter’s premises.

The procedure is formalized by an act, one copy of which is given to the debtor.

In an apartment building

Gas workers put plugs on part of the pipeline leading to the offender’s apartment. It is possible to seal the gas valve in the room.

In a private house

The procedure for limiting fuel consumption does not differ from actions in an apartment. If there are two owners in a private house and it is possible to separate the pipelines, a defaulter plug is installed. It is allowed to block the tap supplying gas to the water heater, stove, or heating system.

In dorm

Disabling a debtor in a dormitory is only possible if gas is supplied to his room. Shared kitchen restrictions are not permitted. Residents pay for resources according to standards. The amount of fuel consumed is divided among all living people.

Only specialists can connect and disconnect the gas supply.

Reasons for turning off gas in an apartment building

Stopping the supply of gas to apartment buildings causes a wave of indignation, which is why gas workers, as a rule, do not take spontaneous and groundless actions.

The most common reasons for gas shutdown:

violation of the operating conditions of gas distribution systems: unauthorized connection of additional equipment, unauthorized connection, use of gas units that do not meet the parameters, faulty equipment, and so on;
lack of an agreement for emergency maintenance of gas equipment, for which they can not only turn off the gas, but also impose a fine;
malfunction of chimneys and ventilation shafts;
expiration of the standard service life of equipment;
carrying out repair work, including in the event of emergencies or depressurization of the gas distribution system;
occurrence of debt, incomplete payment of consumed volumes;
scheduled preventative maintenance of the system.

Many consumers are interested in whether they can turn off the gas if inspectors do not enter the apartment. Recently, this has also been possible - changes in legislation that came into force in the fall of 2017 allow this to be done if the supplier’s representatives were unable to get into the apartment during two visits. As a result, due to the lack of neighbors, problems will arise for all residents of the entrance.

Considering that inspections must occur at least once a year, this reason for shutdown may become widespread. In the meantime, the most common reasons remain debts, accidents and lack of contracts.

Termination of gas supply due to lack of a service agreement

According to Decree No. 410, for the safe use of natural gas, each subscriber is required to conclude an agreement with a specialized organization for the maintenance of gas equipment.

An agreement can also be concluded by the management company of an apartment building based on the minutes of the general meeting of residents. In this case, the owner of each apartment does not have to sign the agreement.

Find out more about the features of the agreement in the publication “Agreement for servicing gas equipment.”

The law allows sanctions to be imposed on owners for the absence of an agreement. At first, this may be a fine of 1.5 thousand rubles. According to paragraphs. b) clause 80 of the Rules, approved. Government Decree No. 410 allows gas to be turned off.

Representatives of the supplier do not do this right away - serious information work is carried out with subscribers:

home visit;
door-to-door tour;
warning to residents;
offer to sign an agreement on the spot.

If after this the agreement is not concluded, extreme measures are applied.

Cutting off gas for debts

Debt is one of the most common reasons why gas supplies may be cut off. Whatever utility service we are talking about, arrears in payment will definitely become grounds for disconnection. The only question is the timing of non-payment and the amount of debt.

For more information about the procedure for terminating the provision of utility services, read the article “Disconnection of utility services for non-payment.”

If we are talking about gas, then the question arises with what debt the gas supply company will decide to disconnect.

The answer is found in paragraphs. c) clause 45 of the Rules, approved. Resolution No. 549. According to this document, unilateral termination of gas supply is allowed in case of complete or partial non-payment for consumed gas for two months in a row.

If funds are not received within 60 days, wait for the gas workers. They will turn off and seal the tap, putting a plug in the pipe leading into the apartment.

If it is technically impossible to do this, all residents of the house may be left without gas. There are many known cases when, due to the debts of one or two neighbors, all the inhabitants of an apartment building lost gas.

Please note that these actions of gas workers are illegal. Conscientious payers cannot be deprived of gas for the debts of other subscribers.

Gas shutdown in case of emergency

An emergency situation threatens the life and health of residents, therefore, in the event of a threat of an accident, leakage or accident, in accordance with clause 77 of the Rules, approved. By Decree No. 410, the gas supply company is obliged to immediately stop supplying gas.

This happens in the following cases:

disruption of ventilation and chimneys;
lack of the required volume of air when using gas equipment;
failure of devices designed to automatically turn off gas in the event of a malfunction;
use of indoor equipment after detection of unrepaired leaks;
use of faulty equipment by residents;
unauthorized connection to the gas distribution system.

In such a situation, not only the apartment where the leak occurred, but the entire riser or even the entire house is switched off. The supply is resumed only after the fault has been eliminated.

Details are discussed in the article “Accidents on utility life support systems.”

What to do if disabled

You need to contact the company with which the contract for gas supply has been concluded.
The resulting debt must be repaid. This can be done in parts throughout the year or all at once. The gas service worker will suggest options for solving the problem.

If you discover that a resource is missing, you can call RSO, the management company. Workers will give reasons for the shutdown.

If you have a debt that is difficult to pay right away, you will have to negotiate. You can write a statement to the gas workers about your readiness to eliminate the violation, indicating the time it will take.

Utilities may offer to enter into an agreement on gradual payment of debt.

Can gas be turned off for non-payment during the 2021 heating season?

Along with the topic “Gas in a private home” they are also searching for:

80. The contractor has the right to suspend or limit the provision of utility services 1 month after a written warning (notification) to the consumer in the event of: a) incomplete payment by the consumer for utility services. underpayment of utility services is understood as the presence of a consumer in arrears in payment of one or more utility services, exceeding 6 monthly payment amounts, determined on the basis of the relevant standards for the consumption of utility services and tariffs in force on the day of restriction of the provision of utility services, provided there is no agreement on debt repayment concluded by the consumer with the contractor, and (or) in case of failure to comply with the terms of such agreement; 81.

As a rule, the gas is turned off:

For non-payment. Termination of gas supply is allowed if payment has not been received from the subscriber for 2 months in a row or on the date of disconnection the amount of the resulting debt is greater than the amount accrued for 2 months.
For regular violation of the rules established in the contract with the supplier.
For creating obstacles to representatives of the supplying organization obtaining the information necessary to determine the actual volume of consumption. For example, a citizen does not allow gas service workers into the house so that they record the meter readings.
For the use of equipment that does not meet the requirements of the law, as well as does not comply with the terms of the contract.

The reasons for gas shutdown can be established in an agreement between the supplier and the subscriber.

IP/Host: 84.42.27. Registration date: 08/02/2009 Messages: 5 gas outages for individuals Hello. I have this question: On August 12, the gas in my private house was cut off for non-payment (the debt was not very large - 3,500 rubles). Before that, I received a notice of shutdown.

Help me find the answer to this question - my mother’s gas was sealed in a private house because during an inspection they discovered that the boiler’s automatic system was broken. The boiler itself is already old and you can’t find any automation for it anywhere (our neighbors’ automation hasn’t worked for 20 years and everything is fine), we bought a new boiler, but no one is going to turn it on.

We called several times, they ignore it, and if they come, they find a reason not to remove the seal (something is hanging wrong, branches are interfering with the pipes, etc.). The cold weather is coming soon, but the house is already cold. Tell me, did they have the right to turn off the gas before the heating season and what laws in this case can I read? Thank you.

#11 IP/Host: 94.181.81. Re: gas shutdown for individuals Hello! Gas workers came to me with a routine gas check. They asked for a gas book, I don’t have one.

The grounds for turning off the gas are:

Violation of the contract regarding the transfer of readings from metering devices (when the supplier does not know the amount of resource consumed);
Refusal of the consumer to provide access for scheduled inspections;
Lack of payment for more than three months;
Using a meter that does not meet the requirements in the region;
Use of metering devices and equipment that do not comply with technical regulations;
Lack of a concluded agreement with the service provider.

You should not panic if a resource is turned off without notice, since the supplier may shut down for unforeseen reasons, for example, in the event of an emergency, when replacing equipment, due to technical faults.

Meanwhile, the supplier and the subscriber can enter into an additional agreement that the debt will be paid in installments. The agreement establishes the schedule and amount of payments.

After this, the supplier resumes service within two days and removes the seals placed on the equipment when the gas was turned off. How much does it cost to restore supply? The amount is determined based on the costs incurred by the supplier in connection with the suspension of supply.

Connection of in-house devices is paid separately. There are no uniform tariffs for all regions. The amount of payment is set directly by the service company.

Additional reasons for disconnection In addition to debt and non-payment within three months, disconnection of gas supply to a consumer can be used as a compulsory measure in the following cases:

Lack of an extended contract for emergency technical services;
If the consumer independently installed or retrofitted the gas system without coordinating this with anyone;
Malfunctions of the chimney or other communication systems;
Evictions of tenants through the courts;
Gas leaks and emergency situations caused by the consumer.

In addition to the above, for disconnection there must be a fault of the consumer, for example, violation of clauses of the concluded contract, refusal to cooperate with the organization’s employees in providing information from the meter, the amount of debt for more than three billing periods, illegal redevelopment, etc.

If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.

About resuming the supply If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers. Actions to resume gas supply:

Visiting the utility organization responsible for the shutdown to conclude a new contract.

And a week after my call to the gas workers, I came home and discovered that the gas pipe had been cut off and welded shut. They cut the pipe when no one was home. I was not left with any record of the actions taken.

I don’t know if police officers or bailiffs were present. 2 minor children (5 and 6 years old) live and are registered in the house, especially since one of them is the owner.

The heating season is about to begin, but apparently we will remain in an unheated room... If they had refused me a deferred payment over the phone, then of course I would have strained myself and paid off the debt. But since they gave me a deferment, I decided to spend the money on getting my child ready for school. This gives me 2 questions: 1. what can I do in this situation?2.

Tatyana, no, they have no right! #8 IP/Host: 85.26.232. Re: gas disconnection for individuals The subscriber was disconnected by the gas service due to debt for natural gas. The procedure for disconnecting the subscriber by the gas service was violated (lack of notifications).

Should the gas service connect the subscriber at its own expense in this case? #9 IP/Host: 109.165.22.

Utility companies often threaten to cut off the supply of resources for debts. And it would be fine if they just scared me, but they turn it off.

This story is about how to protect yourself from the tyranny of gas workers and not be left without gas and heat in winter.

A woman who found herself in what she thought was a hopeless situation turned to me for help. Due to the accumulated gas payment arrears, the local city gas company gave her a notice, saying that if the debt is not paid, we will cut off the gas.

Private house, two children, heating - gas boiler, hot water from the same place. Winter is on the street. It's impossible to live without gas.

It’s true that we’re running out of money. There’s a choice: either pay off the debt and starve in the warmth for a couple of months, or be left without heating.

In general, she called me almost crying after the gas workers confronted her with the fact “we’ll come tomorrow to cut it off.”

He calmed her down, promised to help, and wrote a complaint for her.

The text of this complaint is given here. It contains an explanation of why they do not have the right to cut off the gas, and a sample that may be useful to someone. In such cases, I still don’t dare ask for payment for my services.

So, I addressed the complaint to Gorgaz, the State Housing Inspectorate and the district prosecutor. All three recipients in one complaint, so as not to point at each other.

I, Ivanova M.I., live with two young children in a private house at . Due to my failure to pay the debt for gas, Gorgaz LLC notified me on November 11 of the upcoming shutdown of gas supply.

This is interesting: Requirements for creating a HOA in several houses have been determined in 2021

Due to my difficult financial situation, I am unable to repay the debt in full.

At the same time, the intentions of Gorgaz LLC to stop the supply of gas to a residential building are illegal. In the event of a gas supply shutdown, the procedure for stopping gas supplies will be violated, and my rights as a consumer of utilities will be violated.

In accordance with clause 122 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011 N 354: “122. Actions to restrict or suspend the provision of public services should not lead to: . violation of established requirements for the suitability of residential premises for permanent residence of citizens.”

In accordance with paragraph 12 of the Regulations “On recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction” approved. Decree of the Government of the Russian Federation dated January 28, 2006 N 47: “12. Residential premises must be provided with engineering systems (electric lighting, drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply).”

Gas is used to heat my house (heating boiler) and for cooking (gas stove).

The house does not have central or stove heating systems.

Refusal to supply gas to a residential building will lead to a violation of the established requirements for the suitability of a residential premises for permanent residence, since with the onset of the autumn-winter period and in the absence of central or stove heating in the house, the residential premises will become unsuitable for habitation.

This creates not only a threat of violation of my rights and the Rules
for the provision of public services , but also creates a danger to the life and health of the young children living in the house.
In addition, according to the legal position of the Supreme Court of the Russian Federation, which it has repeatedly voiced, stopping the supply of utility resources is a last resort measure, applied only in conditions when other debt collection measures have been exhausted, in strict compliance with the requirements of current legislation.

I believe that actions to cut off the gas supply will be
disproportionate to the violated obligation.
Gorgaz LLC not
use all measures to collect debt for the resource provided.
I repay the resulting debt as far as possible.

I ask you to stop the illegal actions of Gorgaz LLC and take measures to prevent violation of consumer rights, legitimate interests of citizens, and violation of the
Rules for the provision of utility services by the resource supplying organization .
This complaint did not even have to be sent to the housing inspectorate and the prosecutor's office.

When it was read in Gorgaz, the cutting of the gas pipe was canceled. Moreover, they offered an installment plan to pay off the accumulated debt.

They talked about subsidies for utility bills for low-income families. They advised me to contact social security. They even promised to help.

It turns out that in order to receive a subsidy, you need to provide a certificate of no debt.

In general, the problem has been partially solved.

No. Gas, water, electricity, sewerage will no longer be turned off. This is okay.

The problem is how hard it is for a mother with two children, when she has to work and look after the children. When half of your already small salary goes to utilities.

It’s not so much physically difficult as it is mentally.

Understanding and support of others? No.

From some - contemptuous glances and condemnation. From others - collecting debts.

And this: “You’re a mother! Think about the children. "

I will be glad if this note is useful to someone. It is even better if there is no need for such complaints, just as there will be no such situations.

Subscribe to the channel in Telegram to receive notifications about new notes.

This material is devoted to issues related to the procedure for turning off gas due to non-payment. What could be the reason for such actions? What could be the consequences of possible legal proceedings related to non-payment of housing and communal services?

The total level of debt for public utility services in Russia has reached a record 900 billion rubles. Of these, 200 billion rubles are debts of individuals.

Due to the current situation, utility services have an extremely negative attitude towards possible concessions to debtors in the form of debt restructuring or deferment. Most often, the case turns into a lawsuit and a refusal to provide services.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

Government Resolution No. 549 (clause 45), adopted on July 21, 2008, stipulates the right of the gas supplier, with prior written notice to the client, to stop supplying energy and suspend any further fulfillment of its obligations unilaterally.

The following reasons may motivate such a decision:

It was revealed that the client violated the agreement to provide up-to-date information, which led to the supplier being unable to accurately determine the volume of gas used;
The client denies the supplier's representatives access to its facility to carry out an inspection;
For two billing periods following one another, the client did not pay for the services of the supplier;
The client uses gas equipment that differs in characteristics from the equipment specified in the contract;
The supplier received information from an organization engaged in servicing the client’s gas equipment (indoor and communal), from which it follows that the client used gas equipment that does not comply with current technical standards;
The client did not enter into a contract for the maintenance of gas equipment with a specialized organization.

The supplier may also stop supplying gas without notifying the customer of its actions under the following conditions:

the gas distribution network was damaged by the accident;
there was a breakdown of gas equipment on the client’s side or a gas leak occurred in the apartment/in-house equipment;
The organization involved in the maintenance of gas equipment under the contract has drawn up a conclusion according to which the client’s gas equipment is in unsatisfactory condition and can cause an accident.

What to do if the gas in the apartment is turned off?
Read how to connect gas to a private home here.

After eliminating the reasons that led to the gas shutdown, the client can contact the supplier with a request to resume the gas supply. Supply will be resumed as soon as the customer pays the supplier's costs associated with the process of disconnecting/connecting the customer to the gas transmission network.

For connection of in-house gas equipment, the subscriber pays separately to the supplier or to the organization involved in the maintenance of in-house gas equipment on the basis of an agreement.

The supplier undertakes to resume gas supply within 3 days from the receipt of a notification from the subscriber, in which he declares that the reasons that served as the basis for stopping the supply of gas have been eliminated.

As mentioned above, Government Decree No. 549, among other things, provides for the disconnection of a subscriber from the gas transmission network if he has incurred a debt (partial or complete) for two months in a row.

How does disconnection occur due to debt?

According to Article 546 (clause 2) of the Civil Code, a complete or partial suspension of the provision of utility services can only be carried out after written notification to the consumer by the utility services.

The article specifically states that gas supply cannot be suspended if this could create a potential emergency situation. If partial restriction of gas supply is impossible for technical or other reasons, the supplier has the right to completely disconnect the subscriber from the gas supply.

The notice is sent by registered mail or issued to the subscriber against signature. The notification received by the subscriber must indicate the schedule according to which the gas supply will be limited. The schedule developed by the utility service begins to be implemented no earlier than 20 days after delivery of the debt notice.

If the supplier has chosen a partial suspension of gas supply as a penalty, according to Government Decree No. 354 (clause 119), he can completely disconnect the subscriber from the service no earlier than 30 days after the restrictive measures come into force. Before a complete shutdown (3 days in advance), the supplier undertakes to notify the subscriber of its actions by registered mail or notification against receipt.

This is interesting: Accounting in a management company: accounting rules in housing and communal services 2021

To summarize the above, a complete disconnection of a subscriber from the gas distribution network can be carried out 53 days after receiving the first notice of non-payment.

If the limited gas supply on the subscriber’s side is technically impossible, a complete shutdown will occur faster - 23 days after receiving the first notification. In both cases, a prerequisite for any action by the supplier is the personal delivery of a notice of non-payment to the debtor.

After disconnecting the subscriber from the gas distribution network, the supplier must seal the equipment involved in gas supply

What services cannot be canceled due to debt?

Central heating and water supply (cold water) cannot be partially or completely stopped due to debt.

This rule also applies to other types of public services if their suspension entails:

damage to property that is in common ownership of other residents of the house;
violation of the consumer rights of other citizens living in the house who do not have debts for utilities.

Debt on utility services, in addition to their partial or complete shutdown, may entail other consequences. For example, if payment for services provided is not made for 6 months or more, the tenant may be evicted from the apartment if he lives in it under a social tenancy agreement. Apartment owners are not subject to eviction; to collect the debt, the service provider can apply to the court with an advising claim.

Gas supplies can be resumed in full not only in connection with full repayment of the debt. The subscriber and the supplier can enter into a special agreement that sets out the procedure for repaying the debt with the corresponding schedule. After its conclusion, within 2 days the supplier must resume the gas supply and remove the seals from the gas equipment.

In addition to full payment of the debt, the subscriber, previously disconnected from the gas transmission network, undertakes to pay for technical work related to the connection procedure.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

As practice shows, in recent years the debt on utility bills in the country has been steadily growing. In such conditions, service providers try to protect their interests by developing a system of measures to deal with unscrupulous clients. All of them must not conflict with Russian legislation. For example, turning off gas in a private home for non-payment is possible only if a number of conditions are met.

To answer the question “Can the gas be turned off during the heating season?”, you need to understand why this is possible. Gas may be turned off if:

the supplier does not know how much of the resource was actually consumed - when the metering devices in an apartment building count incorrectly or are faulty;
the client does not agree to provide access for scheduled and preventative maintenance;
the debtor does not pay for the use of the service for more than three months;
the meter does not meet the requirements set for metering devices and gas equipment in this area;
the meter does not comply with technical specifications and regulations;
no contract was concluded with the service provider.

Gas supply may be interrupted without notice. If there is not a single reason that is significant for the shutdown, then most likely the reason for stopping the supply of gas in an apartment building is an accident, replacement of equipment or other technical malfunctions. The gas service notifies you in advance about maintenance work and related shutdowns. If the supply has stopped and there is no specific reason, the supply will be restored quickly and free of charge as soon as the issue is resolved or the breakdown is corrected.

It is important to know! If the homeowner owes payment for several months, then at the moment of disconnection he understands that he will have to not only pay all existing debts and non-payment, but also accrued penalties and fines, as well as all expenses that are guaranteed to appear upon reconnection and costs . Gas is turned off for lack of payment at least 2 months after the debt is incurred.

All rules according to which it is possible to turn off or suspend gas supply are approved by the Civil Code of the Russian Federation and RF PP No. 549, as well as other legal acts. According to these documents, gas suppliers have the legal right, upon their sole decision, to stop fulfilling their obligations towards the client (i.e., completely cut off from the supply system or suspend for a while). There are several reasons why gas workers have the legal right to cut off the gas supply to a private (and not only) home:

when the consumer has violated by his actions the clauses of the contract concluded with the supplier, which relate to the need to timely provide information on the volume of gas consumed;
residents do not allow gas service workers to access the equipment, thereby preventing inspections;
consumers have been ignoring payment notifications for more than two months;
if consumers have installed gas equipment in their home that is not approved for use in this region;
provided that the gas appliances used in the house do not meet the necessary technical standards, which can lead to an accident;
the owner of the house did not enter into a client agreement for the maintenance of gas equipment with an authorized organization.

If any of the above reasons occur, the gas company employees send the consumer a notice warning of their intention to suspend the service. They have the right to do this 20 days after this notice is received by the client. The date on the postal item can also be considered such a date; it is not necessary to hand over the letter personally for signature.

In some cases, gas may be turned off without the consent of the home owner

There are a number of reasons why a gas supplier has the right to stop supply without giving prior notice:

there was a serious accident on the gas distribution network;
if the working equipment in the house and/or area is damaged and there is a gas leak;
when a special commission concluded that the equipment used in the house does not meet the required technical specifications, which could lead to an accident.

If these shortcomings have been eliminated, residents acquire the right to resume the service. Once the supplier receives notification that all previously found deficiencies have been eliminated, he is given 3 business days to reconnect the equipment.

The period for which the supply may be stopped depends on the reason. If the company carries out scheduled repair work, then this period should not exceed 4 hours per month in total. If it increases, the payment for supplied gas is reduced by 0.15% for each hour in excess of the allotted limit.

If there is an accident on the central network, the company is obliged to eliminate it within 24 hours, during which time it is allowed to turn off the gas. Plus, beyond this limit, another 2 days are given to establish normal supply.

It is necessary to consider in more detail the question of how gas is turned off in an apartment (or in a house) for non-payment. As practice shows, most often gas workers do this for non-payment. For such a scenario to develop, it is enough not to make gas payments for two months. Moreover, we are not only talking about the entire amount that needs to be paid. Disconnection from the gas network is possible even if the client has not paid at least part of the specified amount of money.

The method of influencing the defaulter can be determined by the supplier company itself. She has the right to either suspend the provision of services or cut off the house from the gas network completely. But first she is obliged to issue a warning to the client. It is given in the form of a written notice.

Civil Code of the Russian Federation (Article 546) is created in the form of a postal item or handed over to the client personally against a receipt. The specified document must contain a schedule for subsequent shutdown.

This is interesting: UDS - what is it in housing and communal services, deciphering the abbreviation 2021

The reason for turning off gas is often long-term non-payment for the service.

If at the first stage the supplier decides only to limit the supply, then for a complete shutdown he must wait another month from the day he introduced the restrictions. Plus, before this procedure is carried out, the client is again given a written notification. This must be done 3 business days before the shutdown date. The letter is either sent by registered mail, or delivered by courier personally to the client against signature.

Thus, before the final disconnection from gas supply to a private (detached) house, one and a half months must pass from the date the client receives the first notification. This period can be reduced by skipping the partial shutdown stage if this procedure is impossible due to the technical features of the equipment.

When the procedure for disconnecting from the gas network is completed, a representative of the supplier company, according to internal regulations, is obliged to put seals on the equipment (that which belongs to the company).

There are cases when suppliers turn off gas supplies without good reason. There are rules that they must not ignore. The reasons are considered illegal if:

the subscriber has not made a payment, but also has no debt - this happens in cases where a person pays bills with a reserve;
after technical work that required turning off the resource in the entire house, no connection was made;
the period allotted for performing technical work has passed, but the work has not been carried out;
gas supply is turned off in the entire apartment building if only one of the residents has debt;
an adjustable home meter was not installed due to the fault of the supplier or due to the absence of the apartment owner;
the owner refused to carry out preventive work once or twice for valid reasons;
the equipment was recognized as not meeting technical standards, but the consumer does not agree with this and is going to challenge this fact in court.

Gas workers have the right to stop supplying gas to a residential private house without prior warning only if the following situations arise:

there is a suspicion of a gas leak;
gas equipment inside the house or in its immediate vicinity has become unusable;
in case of emergency on the central gas network.

In all other situations, be it non-payment of existing debt, inability to inspect the appliances due to the absence of the owners in the house, the supplier has no right to turn off the gas on the same day without official warning. Such an act is a direct reason for filing a claim in court. Moreover, the consumer has the right in his application to demand not only the resumption of supply, but also compensation for material and moral damage (if he can prove its existence).

If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers.

If the disconnection from the gas network occurred legally, then the client has only one choice - to eliminate the equipment deficiencies found or to pay off the existing debt for payment for services.

The supplier must notify the debtor of the disconnection of the service.

But in the case where, in the consumer’s opinion, the disconnection was made illegally, he has three options for further action:

Draw up and submit a claim to the supplier company. It should state the essence of the current situation, indicating all the deadlines, attaching copies of payment receipts and/or technical documentation for the gas equipment installed in the house.
File a complaint with the prosecutor's office about illegal actions. It must also be accompanied by copies of financial and technical documents. To carry out this procedure, it is not at all necessary to contact the prosecutor’s office reception directly; it is enough to send a letter by email.
File a claim in court. It would be a good idea to first call the police at home so that they record the fact of the disconnection and describe the client’s living conditions. Then you should file a complaint with the Housing Inspectorate and the Society for the Protection of Consumer Rights. And only after waiting for an answer from them, you should submit a statement of claim to the Magistrates or District Court, depending on the amount of the claims.

Copies of the following documents must be attached to the statement of claim:

documents confirming ownership of real estate;
service agreement with the gas company;
an act that was drawn up during the last preventative inspection of gas equipment by the service company;
receipt of payment of state duty;
all previous claims to regulatory government agencies, as well as responses from these organizations;
response from the police to the statement.
any financial documents that can confirm that the client will suffer losses due to the disconnection and the need to reconnect the gas equipment.

According to the Code of Civil Procedure of the Russian Federation, the judge is given 5 working days to make a court decision.

The debtor can appeal the decision to disconnect services

Typical reasons given when filing a lawsuit include the following:

the consumer was not notified in advance about the impending shutdown;
the gas meter has not passed the test;
gas shutdown due to the infrequent appearance of the owners in a private house.

It is especially important to find out whether gas can be turned off for non-payment in winter. The supplier is granted this right only if there are alternative heat sources in the house (for example, a wood stove). In other cases, the defaulter must be given the opportunity to spend the winter (until the heating season officially ends) without stopping the gas supply.

They do not have the right to stop the gas supply if a minor child lives in the house. However, in practice it turns out that the gas is turned off even in violation of the prescribed rules. Therefore, the question of what to do if the gas is turned off for non-payment should be decided depending on the surrounding circumstances.

Next, you need to figure out how much the connection will cost if the gas is cut off for non-payment. The rules for restoring gas supply are stipulated in RF Regulation No. 549.

In this case, in addition to the amount of debt and penalties, you will also have to pay for the technical work necessary for connection. The cost of work varies depending on the region. On average across the country it varies from 4 to 5 thousand rubles.

If we consider the general procedure for resuming services, the gas company is given 5 working days to restore gas supply after the client provides documentary evidence of elimination of identified deficiencies or receipts for payment of debt. Therefore, the owners of a private house must independently submit a written application to the company that supplies gas.

A company specialist will remove the seals, check the serviceability of the equipment and connect it to the general gas distribution network. Technical work usually does not take much time. At the end, the consumer and supplier must enter into a new service agreement.

Gas shutdowns in an apartment building or in a private house for non-payment are not uncommon. Each such procedure has its own nuances that the consumer should know in order to be able to protect their rights.

The consequences of non-payment of utility bills will be discussed in the video:

Other

Clogged sewerage in an apartment building: who is to blame? 2021

Other

How to keep accounting records in an HOA - step-by-step instructions 2021

Other

How to conclude a contract for garbage removal? 2021

Other

How to refuse a management company: step-by-step instructions 2021

Great article 0

Statement of claim

You can appeal the actions of gas workers in court only if they have violated the law. Resources consumed must be paid in full. Claims regarding the quality of services must be resolved in court. Refusal to pay for low-quality fuel must be formalized correctly. In other cases, the court will side with the supplying organization.

It is also considered an illegal action of the supplier to demand payment of the amount on the receipt, while the user does not actually have a debt.

What to write

There are two ways to go to court:

in an administrative manner to appeal the actions of gas workers;
in civil proceedings to recover damages.

In both cases, a statement of claim is written. The difference lies in the requirements.

Claims must include the name of the court to which the appeal should be made. Magistrate judges consider complaints if the value of the claim is less than 50,000 rubles. Be sure to include information about the plaintiff and defendant. Applications to unidentified persons will not be accepted.

The text of the statement of claim describes the situation. You need to start with the date and time of the event. Report disagreement with the actions of public utilities. There must be confirmation of the applicant's opinion. For example: no notification was sent, the debt arose due to technical reasons, the person was not in the city.

The request must be detailed and correspond to the text of the appeal. Administratively, you should ask for the elimination of violations by gas workers. In civil cases - about collecting from them a penalty, damage caused by their actions.

Terms of consideration

The deadlines depend on the type of claim. Civil cases are accepted by the judge for proceedings within 7 days, and the first hearing is scheduled. The consideration ends after studying the evidence and establishing the validity of the plaintiff’s claims.

The judge has 2 months to make an administrative decision.

Gas shutdown without warning

An exhaustive list of cases when the supply of natural gas can be carried out without warning subscribers is provided for in paragraphs 77, 78 of the Rules, approved. Resolution No. 410. These include:

detection of factors indicating the threat of an accident, leak or accident;
installation work with gas distribution systems in which the statutory requirements are not met;
non-compliance of intra-house or intra-apartment equipment with regulatory requirements identified as a result of the inspection;
unauthorized re-equipment of internal gas supply systems, re-equipment of chimneys and ventilation;
ignoring instructions to eliminate violations.

For any other reasons, gas can be turned off only after twice written notification to subscribers: the first is sent 40, the second – 20 days before the planned sealing.

Connecting after disconnecting

The service is activated after the debt has been repaid in full. The supplier will need to bring supporting documents or a letter of guarantee. Installment agreements are permitted. It will also be necessary to pay in full for the work to disconnect and connect the gas supply.

How long will it take for them to connect back?

PP No. 549 stipulates a five-day period for restoring gas supply. Only working days are taken into account. Connection of other services is carried out faster - in 2 days.

Deadlines are provided for situations where the debt is paid in full or an agreement on gradual payments is signed.

Price

How much it will cost to restore the fuel supply depends on the region. You can see the exact amount on the Internet, on the website of the supplier or supplying organization.

The cost depends on the cost of performing work to disconnect and connect the supply. Installation and connection of in-house devices is paid separately.

Disconnection at the request of the subscriber

According to clause 51 of the Rules, approved. According to Decree No. 549, the subscriber has the right to terminate the contract with the supplier at any time, but only after repaying all debts and paying for services to disconnect the apartment from the gas supply system.

The contract is considered terminated on the day the equipment is disconnected from the system, the pipe is sealed and the corresponding act is drawn up.

Supply may be stopped temporarily at the request of the tenant, without terminating the contract. In this case, it is also necessary to pay for services for disconnecting and future connection of the apartment to the network.

Find out more about how to turn off the gas in your apartment.

In what cases services cannot be terminated

If the consumer has been disconnected from the gas supply, then to protect your interests you should read the Supreme Court Resolution No. 22 of June 27, 2017. This legislative norm reflects the grounds on which the disconnection procedure is carried out. In addition, the document identifies factors the presence of which makes the procedure illegal:

the presence of debt cannot be the only reason for suspension of the service;
if gas has stopped being supplied to the consumer, then it will be necessary to find out whether his rights are being infringed. This refers to the emergence of a threat to the life and health of a citizen.

If there is a small child

The presence of a baby in the family is not a reason due to which the suspension of gas supply would be illegal. The only way to avoid disconnection in this case is to arrange an installment plan (deferment) of payments to eliminate non-payment.

Disabled person

If the lack of gas for a disabled citizen can cause deterioration in health or pose a threat to life, then the actions of the gas service will be declared illegal. To appeal the suspension of gas supply for non-payment, you will have to go to court.

Large family

The presence of a large number of minors in the family is also not a reason for declaring the disconnection illegal. Consumers of the resource need to submit a request to the management of the gas service for an installment plan to pay the debt. The document will need to indicate the reason why the subscriber does not have the opportunity to repay the debt at a time (status of a large family).

Sudden gas outages rarely occur in apartment buildings, but the issue is still relevant today. When this happens, the problem is very stressful for residents. After all, everyone has some chores to do around the house, including: cooking, heating water, etc. People start to worry because they don't know the situation. They are interested in questions about why there is no gas supply and how to act in such a situation.

If you don’t have gas in your house, you can find out the reason for the outage by calling 104 or 112. The gas supply company’s dispatcher will answer all your questions, you will even find out how long there will be no blue fuel at your address. But this is true in the case when scheduled work is being carried out in your house, but if the reason is different, then other measures will need to be taken. Let's figure out together what to do in a given situation.