Subtleties of obtaining permission to connect to the gas pipeline - the legislative side of the issue

Gas connection is one of the most important moments in arranging your own home. But in order to kindle your family hearth, first of all, you need to get permission to connect to the gas pipeline, which is not so simple to implement.

What is the consent of the main subscriber? What if you want to make it cheaper, but it turns out either expensive or through someone else's site? Who to ask if you are pulling gas from the main line? There are always a lot of questions from future owners precisely at the initial stages of the process, but we will try to answer them as detailed as possible.

What facilities are allowed to gasify?

Before you start worrying about supplying gas to an object, find out if this can be done.

Gasify according Federal Law No. 69 possible: private houses, as well as apartment buildingsput into operation; plots with buildings not yet commissioned at the stage of completion of their design; country and garden houses in the presence of capital of buildings (foundation); organization.

In the local gas distribution station, you can specify whether it is possible and under what conditions to connect your building to gas supply.

You can carry gas to the house before the end of its construction, however, gas will be launched only after the building is commissioned

Based PP of the Russian Federation No. 549cannot be connected to the gas supply network:

• non-capital buildings that do not have a foundation, that is, garages, summer-type kitchens, greenhouses, and so on;
• some apartments in an apartment building, provided there is no gas in the whole house;
• country and garden houses without a capital foundation and accounting in the USRN.

If you find your object in the top list, congratulations, you can start the process of preparing and collecting documents.

The initial stage of gasification

So, in order to connect the house to the gas supply system, you must first determine if there are technical capabilities for this and get all the necessary permits.

If you do not know who is in charge of local pipe networks, contact local authorities with a request or ask gasified neighbors, if any.

Next, you need to submit a request to the gas distribution company, it is best personally, if there is gas available in your area at all and who owns the nearest gas pipeline and how best to connect to it. If you connect to the main trunk, coordination with the gas distribution system is required, but perhaps the gas pipeline network must have a different owner. This may be the local municipality, private individual, legal entity, SNT.

Before tapping, you need to determine exactly who owns a particular section of the gas pipeline to which you want to join. From the insertion point, gas branches usually always belong to private or legal entities

The separation is something like this:

1. Transportation lines and compressor stations, as well as branch gas lines to settlements are owned by the gas company.
2. Pipelines running through the streets of a settlement may belong to the GRO, the local municipality, organizations, the collective meeting of owners, or an individual.
3. The gas branch on the owner’s land plot from the point of insertion into the distribution line to the connection to gas consuming appliances is the property of the owner of the land plot or its assignee.

Thus, after identifying the owner and specifying the possibility of connecting by load in the GRO, the next step will be to issue a permission to insert.

If you are not the owner of the gas pipeline to which you are connecting, you need to get permission from a neighbor or municipality to conduct gas if they own a branch. Permission is the primary and necessary part of the process of starting a technological connection. This obligation is fixed in 2 parts PP of the Russian Federation No. 1314, in paragraph 8, where the list of documents provided on receipt of technical conditions.

According to him, the consent of the main subscriber is required for technological connection to the pipes that are in his possession and possession, even if he does not use this natural resource.

In no case can you make an unauthorized insertion into someone else's gas branch without the consent of the owner of the linear facility, this is illegal

Also, according to the same rules, in clause 34 it is indicated that the consent of the main subscriber is necessary when drawing up technical conditions and submitting an application for connection. At the same time, if the gas pipe passes through someone else's site, then it is also necessary to carry out the construction of a branch on its territory.

And if there shouldn’t be any problems with the local municipality, as well as with SNT, which do not have the right, to refuse according to the same rules, then it’s not uncommon for private owners to coordinate.

Let's consider this moment in more detail.

The main subscriber is a private person

Article 209 of the Civil Code states that rights to use property belong to its owner, byarticle 210 the owner bears the burden of responsibility for his property. And according to the article 304 of the Civil Codeif the property was used without the knowledge of the owner, he has the right to demand the elimination of all violations.

First, it should be clarified whether the pipe officially and on the right of ownership belongs to a particular subscriber. It often happens that the gas pipeline (not going through the section) was extended at the expense of a legal or natural person, but it was not executed for ownership and is completely on the balance of the gas service or the municipality.

If the gas pipe to which you plan to connect is owned by a private person, organization, partnership or legal entity, you must obtain their written consent.

The form of such a document is arbitrary, but still, some organizations may have individual requirements for the approval of certain aspects of the design, so this question is best clarified

You can not look for how such a document is filled out, the consent of the main subscriber to the gas connection is not written according to the established model, although the content is approximately the same.

In addition, it is recommended to issue a receipt notarized, if possible.

The general information of the permit document contains the personal data of the owner of the pipeline - full name, exact address of residence and location of the object of approval, signature, date of signing of the contract.

Very often, the owner of the pipeline requires compensation for a tie-in; its contractual size is not established by law. If you made a full or partial payment, this fact must be documented by taking a receipt.

Also, if the pipe is located next to a neighbor or it is closer and more convenient to be dragged, you must also agree to lay a gas pipeline along its section, and also stipulate the possibility of reconstruction of communications, their inspection and repair.

If the main subscriber does not agree to the sidebar, you can try to appeal his decision in court, but as a rule, such hearings for the plaintiffs end in a waste of time and money

If we are talking about the main subscriber, as a collective community, the same procedure applies, but regulate the propertyArt. 246 and 247 of the Civil Code, which indicate that it is possible to own and use common property by agreement of all owners. If there is no agreement, the decision can be appealed in court.

Authority of the main subscriber

Unfortunately, the owner’s consent to gas pipe insert not always enough. The fact is that the official owner could change during the use of the pipeline, which means that the new owner, who has not renewed the gas pipeline, does not have the right to give permits.

In order to restore or re-register ownership of an object, it is necessary that a person apply to the GRO for the following documents:

• a statement written in form;
• a copy of the document of ownership or any other evidence of his ownership of the property;
• power of attorney, if the person authorized by the applicant is engaged in re-issuance;
• Technical specifications for the technological connection of its facility to gas supply networks;
• copy of design documents;
• copy of the contract with the supplier.

Or other documents, somehow confirming the fact of registration of connection to networks, if there is no act of connection.

If you change the ownership of the property on the site of which there is a gas branch of interest, before receiving the agreement you will have to re-issue documents for the new owner or provide other documents proving the ownership of the new owner

The full list must be clarified by the organization. And only after that it is possible to start drawing up an agreement.

Power assignment connection

According to PP No. 1314a person, physical or legal, owning at least 5 years of ownership of a gas branch, can implement an agreement with the branch owner on joining its pipes with an assignment of capacity. Of course, with such technical capabilities.

Such an agreement is relevant if the gas pipeline load is not enough for your facility along the trunk line.

The technical feasibility is determined by the contractor of the accession, that is, the gas distribution station, however, under the following conditions:

1. Upon agreement with the main consumer. This is called an assignment agreement.
2. If both parties received technical conditions confirming such a possibility.
3. In the case when there is the possibility of such a connection.

When registering this type of agreement, both consumers, present and future, send a request to the contractor.

This document should contain such data as:

• Name of the assigning owner or name of his organization;
• the exact address of the gas branch location;
• volume of assigned power;
• connection points;
• Name of the new consumer or organization name.

The contractor makes a decision within 22 days from the date of receipt of the application, in writing this service is provided free of charge.

When making a gas power assignment, first agree on the connection fee with the main consumer (individual or legal entity) and draw up such an agreement notarially

However, there are limitations. For example, a real consumer should replace all of his gas equipment with less powerful equipment taking into account gas consumption by a new consumer, and it is also necessary to make all the necessary changes to the design documentation.

Thus, this option should also be considered when connecting to the gas pipeline, if there is no other possibility.

Obtaining permission from the administration

Alignment with the municipality is a simpler question. The Gosuslug portal states that it can be issued in person, through a representative or by mail and it is absolutely free.

To apply, you must submit the following package of documents:

1. Application filled out according to the standard model. Here is an example Sample application.
2. Copies gas supply project.
3. Certificate of ownership, use or rental of the object in the form of copies.
4. Identity documents for individuals.
5. Power of attorney, if the agreement is not ordered by the owner of the object.
6. For legal entities, copies of documents of the organization and the right to represent the interests of the company.

The grounds for refusal may be incorrectly executed documents or their incomplete provision, as well as other reasons that must be indicated by representatives of the municipality in writing. A denial may be appealed.

In case of refusal of gasification, which is agreed with the municipal authorities, be sure to take a written justification of the reason why you are not allowed to insert into the existing gas pipeline

By the way, the request for permit for insertion into a gas pipeline carried out according to the model, which is on the portal.

You can find out more about the procedure on the Gosuslug portal, in the MFC or in the administration of your region.

Conclusions and useful video on the topic

Positive experience of the dispute with the owner of the gas pipeline:

Thus, it is quite simple to apply for gasification through the administration or by obtaining the consent of the main subscriber. The main thing is to collect all the necessary documents and competently carry out the necessary approvals.

Have you had experience coordinating tie-ins into a gas pipeline with a main subscriber? Or maybe there are questions about the topic of the article? Share your stories, post questions and participate in the discussion of the material in the block below.