What to do if they cut off gas in a private house: a review of legislative nuances
Debtors' apartments are often disconnected from the gas network, which leads to inconveniences and complications in everyday life. But what if they cut off gas in a private house, what to do in such a situation and how to solve it in their favor? If you are the owner of a separate house, then you probably do not want surprises on your site.
We are sure that you do not like strangers, no matter who they are. Find out more about your rights and obligations. You will gain confidence that everything will be in order with the gas supply and with your property.
During the study of our article, you will become familiar with the provisions of regulatory acts. We collected important information and presented it in a convenient form. Read everything to the end, and you will know how to act in a given situation.
The content of the article:
When can they stop gas supply?
Disconnection rules for gas supply take into account the interests of bona fide payers. The sphere falls under the control of the executive and legislative branches, the Government of the Russian Federation and the State Duma. State bodies adopt decrees and codes. In some cases, conflicts between consumers and suppliers require the participation of lawyers.
The gas transportation company has the right to suspend the supply of fuel without a court order, if it thereby does not violate the restrictions prescribed in the legislation. The government has established the procedure and conditions under which companies can or should cut off / cut off gas.
They were prescribed in part VIII Government Decision No. 410 dated 05/14/2013, together with changes from 10/06/2017. The scope is also regulated Decree No. 549 July 21, 2008. Since 2019, only gas supplying (gas transportation) organizations have been selling gas.
Gas cutoff in a private house
In point 80 software number 410 There is a list of cases when a company cannot turn off gas without notice. The right to terminate supplies arises after 40 days from the date of the 1st notice and the 20-day period after the 2nd.
The appeal is made in writing, delivered personally to the hands or sent by mail.
Fuel will not be turned off without notice in 7 cases:
- The subscriber did not pay gas in full for 2 consecutive billing periods.
- The consumer does not allow a gas distribution or other company for maintenance or repair of gas equipment. The rule applies to intra-house (VDGO) and intra-apartment (VKGO) communications. The norm applies to private homes. After the 1st non-admission, the right to turn off the gas will not appear.
- Expired maintenance contract gas-powered equipment. One of the parties tore the agreement.
- Gas communications have expired.
- A citizen provided inaccurate or false information about the amount of fuel consumed, violated a clause of the contract about this.
- The client used other equipment instead of the one referred to in the agreement.
- A notice was received from the gas distribution organization about the non-compliance of gas communications with the standards.
The supplier has the right to stop the gas supply, including by dismantling. The pipe will not be cut if the debt is small and the fuel has not been cut off in the past.
Before turning off the gas supply in a private house, the company will ask if the owners can pay for gas in principle. If they are confident in their ability to pay, communications will not be affected.
Trimming / shutdown work is carried out by the distribution organization. In addition to its emergency dispatch service, specialized organizations are engaged in dismantling under a contract with a client. The latter sometimes conclude their agreements with the gas distributor, and the latter is already doing the work.
In both cases, the costs are collected from the debtor. Reconnect to the gas pipe after paying the debt, dismantling and reconnecting.
Gas shutdown without notifying the subscriber
Suppliers are informed of gas leaks, potential accidents, and potential safety issues. Gas distribution organizations, inspections, and consumers themselves notify companies of the current situation.
AT p. 77 of PP No. 410 There is a list of cases when the supplier will have to turn off the gas:
- there is no draft in ventilation ducts, chimneys;
- person arbitrarily connected the device to the gas network;
- equipment for automatic shutdown of gas with a deviation of parameters outside the norm has deteriorated;
- there has been an interference with such equipment;
- on gas appliances inside or outside the house there is a malfunction or it is understaffed;
- when using gas-powered devices, the air enters in insufficient quantities.
In addition to turning off the gas, there are many fines for violating safety measures when using gas. More details about which can be found in this stuff.
The supplier company will send a notice to the housing authority, which will inform the consumer. He will be given time to fix the problem.
The state obliges subscribers to contact the gas distribution organization, but they will be able to resolve the issue personally if external factors caused the problem.
A similar procedure applies in the circumstances of p. 78 of the above resolution, in the 1st and 3rd subparagraphs.
We are talking about cases where the gas supplying organization can cut off gas, but has the right to continue deliveries:
- Consumer connected the pipe to the main branchballoon installation or other fuel source. As a result, he will be issued a fine for unauthorized gasification.
- The subscriber did not invest in the period for fulfilling the requirements.
- The client reinstalled gas appliances in the house and equipment outside and did so in violation of safety standards.
The event to stop the gas supply is carried out with minimal damage to the consumer. The subscriber will be notified in writing about the date of gas cut-off / shutdown and the reasons that served it - within 1 day after work.
How to return gas to a private house?
The subscriber will receive gas again if he eliminates the causes of the shutdown. The gas supplier will verify the information in the next 24 hours after the corresponding notice. Within 2 days, gas will again begin to flow.
After reconnection, they contact the company that owns the gas pipeline near the private house: Gorgaz, Raigaz, gas distribution structures of Gazprom, etc. They take with them passports, documents for housing, receipts and other evidence of lack of debt and elimination of the reasons due to which cut off the gas.
In the next month, the pipes will be mounted, after which they will resume delivery. In the summer, with a large workload of brigades, you have to wait more. If the supplier does not comply with the time frame without good reason, then you need to complain in the following instances.
At the end, the subscriber will be issued an act on the resumption of fuel supply. The document will indicate the parties, a list of work to restore the gas supply and the grounds for their implementation.
How to protect yourself from illegal actions?
During the heating season, restrictions apply. As a result of the suspension or restriction of fuel supply, the suitability of the house in terms of living conditions should not be affected. The concept is interpreted in different ways.
The supplier has the right to cut the pipeline if there is a problem in terms of security. Gas is shut off both in winter and in summer, referring to this nuance. As long as the danger remains, the contractor will also refuse to reconnect.
Subscribers should assert their rights in 6 cases:
- the contractor violated the clauses of the contract;
- the gas was turned off already after the debt was repaid, including fines, while they required to compensate for the cost of work;
- the rules for the provision of utilities were not followed;
- third party property was damaged due to gas cutting;
- the contractor violated the rights of other people living in an individual building (house, cottage, etc.);
- fuel supply in the heating season was stopped unlawfully.
A positive response to a complaint depends on where the person is going. Employees of the prosecutor's office and housing inspectorates sometimes dispense with their own conclusions and refer to points of decisions that guided the supplier.
In the end, you have to go to court. In this case, the circumstances of the shutdown will be analyzed in detail, including the procedure for the gas company. You can complain to the court right away, instead of the prosecutor’s office.
It is not possible to challenge the properly calculated debt. Even if socially unprotected categories of citizens live in a private house: people with disabilities, people with cancer or families with many children.
In this case, suppliers have the right to cut off gas, but they take into account whether the family can pay. With a lack of funds there is an option with installments. The issue is decided in the management companies, it is enough to apply with a statement.
It is impossible to leave without fuel in the cold season for non-payment. Gazprom mezhregiongaz structures do not cut off gas for debt unless the client has an alternative for heating, and the safety issue is not a matter of principle. Exceptions do happen. Such actions without a court decision clearly violate the law.
The nuances of paying for gas
In the legislation, the subscriber was assigned the obligation to pay for the gas used until the 10th day of the month after the previous consumption period. This is discussed in Art. 155 Housing Code.
AT PP number 549 supplemented the norm: they allowed a different payment procedure, if this was stipulated in the contract. Article 544 of the Civil Code confirms such an opportunity to pay for energy. The obligation to pay for gas consumed by the consumer arises with the onset of the billing period and the first actual supply of fuel.
The size of charges is calculated by the volumes determined by the flow meter. Consumers without metering devices pay for fuel consumed in accordance with paragraphs 32-38 PP number 549.
When charging rate for 1 person taking into account the volumes of cooking and heating water. Additionally take into account the area of heated rooms. The amount of payment is determined at retail prices for the population in the subject of the Russian Federation. Regardless of the availability of the counter. During the absence you do not need to pay, including if there is no gas meter, but you will have to warn about departure.
The cost of fuel is reduced by federal and regional benefits. At the national level, the subscriber can be completely exempted from paying for gas. Social support is not always expressed in a discount, so the size of the fee may not change.
Conclusions and useful video on the topic
A special case of gas shutdown on an individual site:
Cutting gas to an individual house for a large debt with a comment by the head of the subscription service:
Enough 2 months delay to remain without gas. Owners of private homes should read the laws in more detail, they will be cut off from communications in the first place. In the summer, shutdowns are made due to debts, condition of equipment, unauthorized actions.
In the heating period, the situation is more complicated. At this time, they are not entitled to cut gas for non-payment. Gas companies sometimes cite forced measures to circumvent the law. Consumers should remain vigilant and improve legal literacy. Reconnecting gas can cost tens of thousands of rubles.
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