Connecting gas in an apartment after disconnection for non-payment: procedure and legal subtleties

How to get installment payment?

In order to receive an installment plan or a deferment, you must indicate in the application the reason due to which you are unable to pay. It is also necessary to note in the application the factors in connection with which it is impossible to turn off the gas, for example, because of the presence of a small child in the family.In the event that the company decides to meet the debtor, it will have to conclude an agreement with him, in which it should be specified when and what amounts the subscriber will have to pay, as well as in what time frame.

If the organization denies you a deferral or installment plan, then it must provide it in writing. In this case, you can apply to the court to appeal this decision.

In any case, the conflict between the debtor and the gas supply company can only be resolved in two ways: peacefully with the conclusion of an agreement, or through the courts.

Independent connection of the subscriber to the network without an agreement with the supply company is illegal. In this case, the violator will be required to pay a fine.

What should be the term and amount of non-payment

Representatives of the service provider, according to the law, can turn off the gas in case of debt that has accumulated over 60 days (if the non-payer did not make any attempts to pay off the gas debt during the specified period).

Also, based on the rules for shutting off gas in an apartment building, gas supply is suspended if the cost of the consumed and unpaid resource exceeds the amount of 10 thousand rubles.

Can they shut down in winter?

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

In other cases, resource termination is allowed. There are no exceptions here. Living in the apartment of the debtor with disabilities, the elderly, children will not be a reason to cancel the decision of the resource provider.

Whether or not to stop the supply of fuel to the houses, the service organization decides. This is a right, not a duty. Often the issue is resolved individually.

Can they give installments?

Public utilities warn debtors about their intention to cut off gas supply. Time is given to resolve the issue peacefully. To do this, you need to come to the management company serving the organization with which the contract has been concluded, and sign an agreement on paying the debt in installments.

Options for resolving the situation are different. The agreement must be strictly adhered to. Violation of the conditions will give the public utilities a reason to take action.

What are the penalties?

A fine for unauthorized connection of gas and other actions related to gas equipment and which are a violation of the law is assigned in a fairly significant amount. In this case, it will be required additionally from the owner of the structure to remove all installed items. After that, you still have to contact specialists to install the necessary equipment.

The main fines that will have to be paid in case of illegal actions to obtain gas intended for domestic use of citizens include:

• The company acting as a gas supplier will turn off the line or charge a surcharge.
• What are the penalties for connecting gas to the stove? If this process is carried out independently or by third-party specialists who do not have the necessary license and work permit, then the violator will have to pay 35 thousand rubles to the gas supply company.
• If a gas column is installed with your own hands, then in this case the fine for gas will be equal to 45 thousand rubles.The same applies to the situation when another organization is invited for these purposes, which does not have a license for this process.
• Often, after disconnecting the line, people make a new tie-in in another part of the gas pipeline. In this case, the fine for gas in the house is re-assigned, and its size can be significantly increased.
• In addition, administrative penalties are applied to violators. For individuals, a fine equal to 2 thousand rubles is imposed, but officials are required to pay an amount of 3 to 4 thousand rubles. If the violator is a company, then a fine of 40 thousand rubles is assigned to it.
• Individuals may even be subject to criminal liability for illegal gasification of a private house. The punishment may be expressed in imprisonment for up to two years.
• If due to the identified violations an emergency situation arises, leading to the death of people due to a gas leak, then the owners of such houses or apartments are assigned tougher penalties, represented by imprisonment for up to five years.

Thus, the fines for theft of gas, unauthorized gasification and installation of various equipment powered by this resource are really significant and serious. Therefore, all people before violating the law must carefully evaluate the appropriateness of the actions taken.

Punishment for stealing gas from neighbors

Often, owners of private or summer cottages do not want to pay for gas on their own, so they connect to a pipeline that runs on a neighboring site. This allows them to use unmetered gas, for which neighbors pay.

If such a violation is detected, gas service employees go to the site to check the correctness of the connection and make sure that the gas is being used illegally. The culprit is assigned an amount equal to the damage caused. Additionally, its structure is disconnected from the gas.

If the citizens themselves have discovered that their neighbors have connected to their gas pipeline, it is not allowed to put plugs, as this is also considered a violation, so they can also be held liable by gas service workers.

Issue cost

Payment of debts for gas supply usually does not raise questions from consumers. But the need to pay money for the process of disconnecting and connecting gas supply often becomes a reason for discussion.

The law in this case does not allow doubts: paragraph 48 of the Decree imposes the payment of expenses borne by the company entirely on the shoulders of the subscriber.

The list includes the work performed on disconnecting and connecting gas equipment located in an apartment or house, and a fee for its sealing.

The consumer should take into account the need for these costs when applying for the restoration of gas supply. The cost of work will depend on the region of residence, but will be at least 4-5 thousand rubles. In fact, this is a small price to pay for such a service.

So, we answered the question - how much does the connection cost, and then we will figure out what to do if gas is not returned after payment.

How to restore gas supply to the house

In case of illegal blocking of the resource, after receiving the results of the examination, it is required to apply to the court with the relevant documents.The judicial authorities must confirm the illegality of the shutdown, and order the utility company to restore the fuel supply. If we are talking about resuming use of the service after paying the debt, then you will first need to pay it off. After that, it is necessary to send an application to the organization and call a gasman who will remove the seal. He needs to show a receipt for the full repayment of the debt. Restoration of gas supply occurs within 5 days from the date of application.

If an accident occurs, the consumer does not need to do anything. After the repair work is completed, the company's specialists independently connect subscribers.

Read more: Which is better? Gas or electricity; Main gas, gas tank or pellet boiler?

When turning off a utility service, in most cases there are legal grounds for doing so. Owners with payment arrears are required to send an official notice 20 days before the shutdown of fuel. In case of emergencies, subscribers are not required to notify about the upcoming shutdown.

General procedure for restoring services

Paragraph 48 of the resolution provides for the restoration of gas supply within 5 days (calendar) after the payment of expenses of the company that disconnected and connected gas appliances.

The period is counted from the date of receipt of the notification about the elimination of the reasons for the disconnection. During this time, they must restore the gas supply and remove the seals from the gas meters. It is also recommended to conclude an act of connection.

Connection steps:

1. Payment of debt.
2. Written notification of the services about the elimination by the subscriber of the reasons that served as the basis for the suspension of gas supply.
3. Gas connection and removal of seals from the meter.
4. Conclusion of the gas connection act.

What action should the owner take?

In case of unlawful suspension of gas supply, the client has the opportunity to apply to the law enforcement authorities with a written application:

• judicial authority;
• Prosecutor's office.

The appeal contains information about the situation that has happened, a violation by the natural gas supplier, as well as the plaintiff's demands for the resumption of gas supply at the expense of the defendant.

The owner also has the right to file a claim for compensation for moral damage and receive compensation for moral damage in the form of cash from the gas supplier.

Please note! In the event of a gas supply interruption in accordance with the law, the client may:

• clarify whether the notification came before the gas supply was turned off;
• check deadlines;
• try to come to an agreement with the supplier on the restructuring of the agreement (if there is a large debt, then break it into several parts);
• repay the debt in full and no longer bring to their formation.

Please note that the interruption of the supply of any utility is always unpleasant, so you should not bring it to this and always pay for services.

Is this possible if the inspectors did not get into the apartment?

Gas workers checking a house or apartment can turn it off without notice, even if they didn’t get into the apartment.

Sometimes this happens due to the fact that the owner of the dwelling cannot be found at home. And also have the right to turn off the gas, in the event of an emergency, in order to turn off the gas, your presence is not necessary for the gas service employees.

Technically, gas workers can disconnect by unscrewing the coupling with the help of which the connection to the gas pipeline is made. After that, a plug is placed, and the equipment is sealed.

Legally

The supplier has the right to suspend the implementation of the supply of the resource unilaterally, but in order to do this, the service provider must notify the consumer in advance in writing about this.

When else can the gas be turned off in an apartment or private house? The supplier has the right not to provide gasification services:

1. If the subscriber has violated the conditions under which he is obliged to provide the supplier with the necessary information, on the basis of which the latter determines the actual volume of consumption of the supplied resource.
2. If the owner of the premises deliberately evades the admission of gas service employees to the premises for inspection.
3. Gas can be turned off in an apartment building for non-payment if the owner does not pay for the service provided within 2 billing periods or does not do it in full.
4. If the subscriber uses gas equipment that does not meet the parameters specified in the contract. What penalties are provided for unauthorized connection of gas equipment, read here.
5. If the equipment used by the consumer to obtain the resource does not comply with regulatory requirements. The supplier is notified of this by the maintenance company.

On the grounds for which they can turn off the gas, we talk in more detail in this material.

Unlawful interference

Service deactivation may be considered illegal in the following cases:

• Disabling the submission of the provided resource, without proper notice.
• Disconnection due to the infrequent appearance of the owners of the premises in an apartment or house where gas supply equipment is used.
• An unconfirmed malfunction of the gas supply equipment.
• If the consumer repeatedly did not transmit data from the meter readings.

In case of illegal disconnection of the service, the owner of the premises has the right to challenge the actions of the provider in court.

But keep in mind that the supplier, in turn, is likely to disagree and give his "arguments" that will be the opposite of yours.

Therefore, let's consider the options when the provider has the right to disable the service without first notifying the consumer about it:

1. If an emergency occurs or a breakdown of the gas supply equipment occurs, or if there is a gas leak from it.
2. The occurrence of an emergency in the network distributing gas.
3. If there is a possibility of an emergency due to the failure of the internal gas distribution equipment. In this case, the basis for disabling the consumer is the conclusion issued by the company with which the consumer has entered into a service contract.

In what case can a gas shutdown be considered illegal and what to do in such a situation, we tell in a separate article.

Possible claims to the gas service

There are justified and unfounded claims. For example, a temporary shutdown of gas to repair equipment or due to an emergency cannot be challenged.The provider organization is responsible for troubleshooting. If the payer has a debt, then Gorgaz has the right to stop the supply of fuel without the permission of the court. But tenants can file a complaint, since violations by the supplier are not excluded.

Emergencies, repairs

If the reason for turning off the gas was the installation of a gas meter at the neighbors, then in this case it makes no sense to file a complaint. This measure ensures the safety of residents. Fuel supply may be interrupted due to technical malfunctions to prevent leakage. Gas can be turned off due to:

• insufficient pressure;
• emergency;
• malfunctions of gas equipment;
• breakdown that occurred at the gas distribution station;
• accidental damage to the gas pipeline during repair or construction work.

When an accident occurs, they have the right to turn off the gas without warning, even in winter. After the malfunction is eliminated, the service must restore the fuel supply within a period not exceeding 2 days.

If these conditions have not been met, then the consumer has the right to write and file a complaint. If in the near future it is planned to repair the gas pipeline, then the service must notify residents about it in advance - 20 days in advance. The norm for repair work is 4 hours per month. In this case, the bill for this utility service will not change.

When there is a sudden shutdown of the gas, it is first recommended to call the emergency gas service (04). If they are not aware of the repair work, then the next call to the Management Company may be. The last resort is the gas supplier. His phone number is on the receipt. Frequent gas shutdowns are a sufficient reason to file a complaint with Rospotrebnadzor.

Debt and gas shutdown

According to Government Decree No. 549/45, the supplier may stop supplying fuel if the homeowner does not pay utility bills for 2 or more months. However, in another document, the Rules for the Provision of Public Services (Article No. 117) state that a complete shutdown is not provided, only a supply restriction is possible. The gas service must warn about the planned operation 2 times: 40 and 20 days before the scheduled filling.

A complete shutdown of gas due to a debt for 1-2 months is unlawful, therefore, residents have every right to file a complaint with Gorgaz. In this case, the claim is formulated in free form, but it must indicate that two provisions of Government Decrees - No. 354, No. 549 were violated.

Before writing a claim, it is recommended to re-read the contract for the provision of services by the gas service. The document should clearly state the conditions for a possible shutdown of the fuel supply, as well as the rules for notifying non-payers. If housing, after turning off the gas, becomes uninhabitable, then the supply does not have the right to stop. In case of violation of these terms of the contract, this condition must be reflected in the complaint.

When disconnecting, as well as when restoring gas supply, special acts are drawn up, necessarily in 2 copies. One of them remains with the consumer. When a complaint is filed, this document must be attached to the application, and its details are indicated in the claim.

After the blackout, the residents call the police. Its employees draw up a protocol in which they indicate the fact of sealing, and also describe the life of the owners of the apartment, disconnected from the fuel supply. The presence of the protocol is also noted in the complaint, and the document is attached to the rest of the papers.

The owners of the apartment have the right to ask for the help of the police. If after some time a written response is received from law enforcement officers, it is also attached to the application.

Main reasons for disconnection

Gas supply may be accompanied by scandals, which are avoided by specialists of organizations. That is why they comply with the procedure, which must withstand the deadlines and the provision of notices under the signature. Among the most common reasons for a shutdown are:

• improper operation of distribution networks and systems, including the connection of additional equipment or unmetered consumption, or without ensuring proper gas supply safety standards;
• in the absence of a concluded agreement for emergency maintenance, which can lead not only to a shutdown, but also to penalties;
• improper operation of ventilation and chimneys, as well as the expiration of the service life of certain types of equipment;
• when carrying out repair work that occurs due to emergency situations on the line, including due to depressurization;
• debt, non-payment of consumed gas or preventive maintenance.

Since the fall of 2017, there is another reason that is associated with the impossibility of getting gas service employees to your home to check metering devices and assess the condition of the gas pipeline. Usually such drastic measures are applied within a year after two unsuccessful visits. But taking into account modern trends and features of the gas pipeline system, this is rarely practiced, since problems will arise at the entire entrance.

The most common reason for disconnection is considered to be debts, an accident, as well as incorrectly concluded or not concluded contracts. Let's consider each case.

What is the correct connection procedure, who should connect the gas stove in the apartment

In order to have the right to use the supplied appliances in the apartment, for the operation of which gas is required, it is necessary to perform the actions specified by law, which include:

1. Purchase of the necessary equipment that has a certificate of conformity.
2. Involvement of employees of gas services for installation by submitting an application.
3. Waiting for a response to the application.
4. Installation production.
5. Obtaining the necessary documents.

The consequences of illegal installation of gas cylinders for domestic needs in the premises can entail not only administrative, but also criminal liability in the event of serious consequences as a result.

Shutdown procedure

The provision of housing and communal services is suspended without the consent of the non-payer. But before shutting off gas for non-payment, the resource supplying organization is obliged to follow a certain procedure. Otherwise, the debtor should apply for the protection of his interests to the court.

Owner notice

The document can be sent to the debtor in several ways:

• sent to an email address;
• personal transmission of a notification of the suspension of gas supply for non-payment against signature;
• sending via Russian Post with notification of receipt;
• the text of the warning can be printed on the form of the receipt for payment for the service;
• if the non-payer is registered on the housing and communal services web resource, then the notification can be sent to the personal account of the portal.

The document must contain information about the amount of debt. It is also necessary to indicate the provision of a 20-day period for the debtor to pay the debt. The consumer of the communal resource needs to record the moment of receipt of the notification. This will help you avoid unnecessary complications in the future.

The reply is in process

In the absence of payments during the period indicated above, the debtor is given an additional 10 days. If the money has not been transferred, then the housing and communal services specialists have every right to turn off the gas for non-payment.

overlap

If the subscriber has not taken any action to eliminate the debt, then the resource supplying organization will carry out the procedure for shutting off the gas legally. After the suspension of gas supply, a plug and a seal are installed on the intra-apartment branch of the gas pipeline. This operation will help to avoid illegal use of blue fuel by the non-payer.

Compliance with the above sequence of actions will make the work of the resource supplying organization legal. In the absence of a notification of a suspension of gas supply or a belated warning, the consumer has the right to appeal the shutdown in court. It is also worth remembering that minor malfunctions of the equipment in operation cannot be a reason for suspending gas supply.

If the subscriber has not repaid the debt, then the gas is blocked legally.

Is it possible to turn off the gas without warning the consumer

In the event of certain situations, subscribers may be cut off from the gas supply service:

• technical malfunctions at the gas distribution station;
• blue fuel leak detected;
• failure of the intra-house gas pipeline, fittings and mechanisms near the MKD.

Expert opinionMironova Anna SergeevnaLawyer of a wide profile. Specializes in family matters, civil, criminal and housing law. Only in the above cases, the gas supply to the consumer is suspended at the right time without prior notification. If there are no such circumstances, and the reason for the suspension of gas supply is non-payment for gas or the inability to inspect the intra-apartment branch by gas service employees due to the absence of owners, then prior notification is required. Without it, the actions of the resource supplying organization can be appealed in court.

Where to contact if the service is suspended

If the gas supply was stopped in accordance with legislative norms, then to connect (if the gas was turned off for non-payment) it will be necessary to eliminate the debt. When blue fuel has ceased to flow into the house due to circumstances that do not comply with legislative standards, the subscriber can do the following:

1. Send a written claim to the resource supplying organization. The text will need to indicate the fact of repayment of the debt with confirmation checks. If the reason for the shutdown was a malfunction of gas appliances, then you will need to attach evidence confirming their elimination.
2. You can file a written complaint with the prosecutor's office. The document can be personally taken to the reception or sent by e-mail. The letter will also need to attach evidence confirming the correctness of the subscriber (checks, technical documentation).
3. Submit a claim to the court. But before that, you need to contact the police to fix the fact that the consumer has no gas.Next, you need to send a complaint to the Society for the Protection of Consumer Rights and to the Housing Inspectorate. At the final stage, you can apply to the world or district court.

Statement of claim in court

The claim is drawn up in accordance with the legislative norms, which are established in Article 131 of the Civil Code of the Russian Federation. It must be submitted in writing only.

The claim must contain the following information:

• name of the court;
• details of the plaintiff and defendant;
• what rights are being violated;
• the amount of the claim;
• evidence of an attempt to resolve the conflict before the trial;
• list of attached documents.

Attention! The following additional documents are also attached to the statement of claim, which may be confirmation of the circumstances of the case:

• independent expertise;
• a copy of the service document;
• documentary evidence of ownership of the residential premises in which the gas was turned off;
• documentary confirmation of the absence of debts for payment for the service;
• documentary evidence of payment of state duty.

The claim is filed with the justice of the peace of the court district at the location of the defendant.

Watch the video. What threatens non-payment for gas: