Planned power outage: maximum time by law, reasons, warning to residents

An uninterrupted supply of electricity is considered an important condition for creating prosperous living conditions. This is important for both residential buildings and industrial organizations.

The fact is that a power outage can cause serious losses for a business . That is why it is worth thinking about in which cases a shutdown is legal, planned, and in which it is not. If the situation is emergency, then you need to find out how long the power supply may be interrupted.

Shutdown standards

Today there are certain standards that regulate the specifics of power outages and determine time intervals. In particular, this is the Decree of the Government of the Russian Federation No. 442 “On the functioning of retail markets for electrical energy, complete and (or) partial restrictions on the consumption of electrical energy.”

In connection with this resolution, restrictions are introduced:

• if the consumer has violated the terms specified in the agreement, these may be financial obligations, unauthorized connection to the network;
• by mutual decision;
• due to renovation work;
• by decision of Rospotrebnadzor;
• due to breakdown or emergency.

Suppliers must provide notice when the lights are turned on and when they are turned off. This applies to situations where the work is planned.

Announcements of such outages due to repair work must be distributed no later than 10 days before the power is turned off . They should contain information about the shutdown, the timing of when the power will be turned on, and the basis for the shutdown.

ATTENTION! All existing regulations regarding power outages during scheduled repairs must be specified in the agreement between the consumer and the supplier.

Where to complain if the shutdown was illegal or without warning

If it turns out that the power outage is taking place illegally, you must submit 2 samples of the complaint in any form. It contains information about the consumer, the supply agreement, the date and time of the illegal shutdown and its consequences. The claim is sent to the company providing the supply: management company, homeowners association, or directly to the energy supply company. If your request is ignored, you can file a complaint:

• to the district administration;
• to Rospotrebnadzor;
• to the prosecutor's office.

A claim for violation of the rules for the provision of utility services is sent by registered letter with notification or sent personally to the company’s office and submitted against signature. The answer should come within a month.

Official dates

It is important to consider how many constantly switched on consumers use electricity. According to the law, energy consumers are divided into three categories.

Depending on this, the periods for which the shutdown can be carried out are determined. So, if the consumer belongs to categories 1 or 2, then the shutdown period will depend on the conditions specified in the contract, the features of the electricity scheme, the availability of additional power sources, if it is turned off by law .

The standards say that consumers belonging to reliability category 3 cannot remain without power supply for longer than a certain period. The maximum time for which the lights can be turned off is 72 hours per year, and consumers cannot be left without electricity for more than 24 hours at a time. The exception is situations when an emergency shutdown occurs or repair work is carried out.

Category 3 is the majority of consumers, in particular apartment buildings and the private sector . For how long they can be turned off, the reasons for the lack of light can be found out from the manager, they should know about possible problems and accidents. Please note that the length of time the lights may be turned off does not vary depending on the time of year.

When is debt not a basis for non-provision of services?

The laws do not contain specific categories of people who are prohibited from turning off electricity, but if such a procedure makes the living space unsuitable for living, then this will be a direct violation of the law, “c” in paragraph 122 of Government Resolution 354.
There are several categories of citizens who are given concessions when power outage based on outstanding debt . Thus, it is impossible to disconnect in cases where the following people live in the residential premises:

• pregnant women;
• disabled people;
• minors;
• WWII veterans.

To confirm the preferential category, you must provide the appropriate certificate to the energy supply organization. It should be borne in mind that in this case the beneficiary must have permanent registration in this residential premises.

Our experts have prepared several more useful articles:

• The electricity in the apartment was turned off for non-payment: what should I do, how can I reconnect the electricity?
• Rules and procedure for turning off electricity in SNT for non-payment.

Outlaw

Many residents are concerned about how to find out whether the shutdown is legal or not, how long the work will take place, and why the power was turned off.
There are also situations when, even during repair work, disconnection is illegal. The illegality of disconnection can only be proven in court.

People have the right to take legal action, which may result in the provider being subject to criminal liability. This happens when there is a supply interruption and the consumer suffers property damage.

It is worth considering situations when electricity is turned off illegally:

• The shutdown lasted more than a day.
• There is no justification for the shutdown.
• Power went out for more than 72 hours throughout the year.
• The shutdown occurred by mistake.
• Shutdown before holidays, unless it was an emergency.

If you are concerned about what is often disconnected, where to complain, what to do if the disconnection was illegal, then the best solution would be to go to a lawyer. Experts will tell you about the rules, tell you how to get your filing restored, and help you prepare documents for going to court.

ATTENTION! If the disconnection was made due to debt, then after payment the supply must be restored within 24 hours. If the energy supplying organization has not done this, then you can contact the judicial authorities.

When else do you not have the right to turn off your electricity?

It is possible to turn off a consumer's electricity only in compliance with all rules. However, there are often situations when limiting the supply of electricity is illegal.

1. You do not have the right to turn off your electricity if there are no debts on it.
2. Disconnection in the presence of debt is impossible in winter in houses that, according to technical documentation, are heated by electrical appliances.
3. They can’t turn off your electricity if your neighbor owes money for it, and only he can’t limit the supply.
4. You do not have the right to cut off electricity if you can provide a certificate of residence in the territory of a seriously ill person, whose livelihoods depend on devices connected to the network, or a small child nka, requiring special nutrition.
5. The procedure for introducing a power supply limitation mode has been violated.
6. Power outages for scheduled repairs occur frequently and exceed the permissible time limit.
7. Electricity supply was not restored within 48 hours from the moment the certificate of debt repayment or its restructuring was submitted.

The fact of disconnection is confirmed by the signatures of neighbors. If possible, you should invite a representative of the company responsible for supplying the company and create a special commission that will draw up an act of violation.

If an illegal disconnection is made, you can file a complaint against the management organization with the housing inspectorate, antimonopoly authorities, prosecutor's office, or court.

Why might they stop supplying?

An agreement is concluded between the supplier and the consumer that governs all relations between them, including whether they should be warned about a planned outage. There are several ways to sign this agreement:

• unilateral signing of an agreement;
• bilateral signing of an agreement.

These agreements are legal if all conditions are met by the energy supplier and the user. If we consider the bodies that exercise control over the fulfillment of these obligations, then these are local authorities.

Legislation regulates various issues, for example, emergency short-term power outages. You need to understand that if the user does not fulfill his obligations, the supplier may turn off the power.

Relations between the parties

So, for example, a private owner using electricity for household needs may be turned off in the following cases:

• Any user has the right to terminate the contract unilaterally. You just need to notify the supplier in advance and all bills must be paid.
• You can terminate the service or temporarily restrict the recipient by mutual agreement of the parties. The subscriber is notified in advance by the energy supply company.
• Temporary suspension of electricity supplies and limitation of supplies is possible without coordination and warning in the event of preventing or eliminating an accident. The customer is immediately warned about this.

For legal entities the conditions will be as follows:

• An energy company may refuse to fulfill obligations unilaterally in accordance with Article 523 of the Civil Code: shutdown of electricity for non-payment, as well as based on other legal acts. But warning the debtor must be mandatory.
• Other options for limiting supplies are the same as with a private person: emergency, mutual agreement.

Expert opinion

Viktor Pavlovich Strebizh, lighting and electrical expert

Any questions ask me, I will help!

Today, power outages for non-payment can occur in accordance with government regulations 307, 354 and 442. If something is not clear to you, write to me!

Supplier liability

The supplier bears administrative responsibility for supply failures and breakdowns. Many consumers are interested in what rights they have. In case of malfunctions or damage, consumers can demand moral as well as material compensation.

If the conditions are violated by the supplier, the organization must compensate the consumer for damages and also pay a fine. The law states that the supplier must compensate people for equipment and devices that are out of order.

IMPORTANT! If the lights are turned off, the appliances break down because of this, but the supplier refuses to pay, then you should contact the local authorities.

Responsibility for illegal shutdowns in 2022

Both administrative and criminal liability are provided for illegal actions on the part of the service provider.

Administrative liability applies to officials and legal entities. This measure is applied for violation of the standards for providing private consumers with utility services.

Officials are punished with a fine of 10,000 to 100,000 rubles, legal entities - from 100,000 to 200,000 rubles.

Administrative fines are imposed by the housing inspectorate if a violation is confirmed.

Criminal liability follows for illegal restriction of services if this results in material damage or harm to health.

a) The fine for such an act is up to 200,000 rubles or the amount of eighteen months’ salary. Restriction of freedom for up to three years or imprisonment for up to two years is also applied.

b) If the same acts resulted in the death of a person, then the term of imprisonment increases to five years, and in addition to this, a ban on the right to hold a certain position for a period of up to three years may appear.

In case of arbitrariness, criminal liability provides for:

a) A fine of up to 80,000 rubles (or six months’ salary) or forced labor from 180 to 200 hours. Either the work can last from one to two years, or arrest from three to six months is applied.

b) For the same actions, using violence or threats, an arrest of four to six months is applied. The term of imprisonment can be increased to five years.

Emergency or planned

Emergency shutdown occurs due to technical reasons, as a result of emergency situations. In this case, the light will be turned off without warning. It is clear that a prolonged power outage can cause significant damage. That is why every consumer should take into account the following information:

1. The reasons why the emergency occurred, as well as the nature of the breakdown.
2. Time frame within which the power supply will be restored.
3. What to do if the repair time exceeds the norm.

During emergency repair work, shutdowns occur due to emergency situations. If it is possible to connect reserve power, the supplier usually uses it. A planned shutdown occurs if the repair work was planned; in this case, the electricians work according to a pre-thought-out scenario.

It doesn’t matter whether the outage occurs in winter or summer, the organization must warn people about the outage in advance . Today, a variety of notification methods can be used:

• by calling a phone;
• letter by email;
• personally;
• through the media.

What to do if your power is cut off

Nobody wants to remain without light for a long time. Therefore, the question arises: where to go and what to do to connect it. The surest way to get your electricity back is to pay off your debt. In the absence of a one-time option, consumers have the right to ask for payment of the debt in installments over six months. With documents indicating payment or installment plan, you need to contact the utility service provider to connect electricity. You should know that this service is paid.

Expert opinion

Chernovolov Viktor Petrovich, consultant in the field of consumer rights protection

If you have any questions, ask me!

After receiving the application, the electrician comes home, removes the seals from the meter and draws up a report on turning on the electricity. Decree No. 354 specifies how many days later the connection must occur. If your rights are violated, write to me and I will help you figure it out.

Accident elimination standard

No more than 24 hours should pass before the lights are turned back on .
You also need to remember about the annual limit; it should not exceed 72 hours. It is very rare that there are situations where longer delays occur; they depend on the extent of the damage. But even in such situations, repair work must be carried out within a reasonable time. Otherwise, the supplier will bear administrative or criminal liability.

If the organization violates all deadlines and does not fulfill all of its obligations that are specified in the agreement, then the residents have every right to defend themselves. To find out the specifics of the situation, the reasons for the breakdown, or interruption of power supply, you can contact the HOA, as well as directly to the supplier.

ATTENTION! If necessary, you can call the dispatcher and tell about the violation and write a corresponding complaint. Even if the claims are ignored or remain unattended, then you need to go to court.

Please note that the statement of claim must contain all the necessary data:

• the name of the organization that supplies energy;
• date of suspension of filing;
• the exact date of the emergency;
• acts, inspections available on hand;
• state of energy supply;
• witness evidence;
• written refusals from officials.

For illegal actions - to account

It is not legal to turn off all utilities. For example, cold water and heating will not be turned off in the winter season if there is debt. You can read more in this article

If the court finds the actions of the energy supply company unlawful, the consumer has the right to expect compensation for both material and moral damage incurred as a result of a power outage.

If law enforcement officers regard the actions of energy sales officials as arbitrariness, in accordance with Part 1 of Art. 330 of the Criminal Code of the Russian Federation they face one of four punishment options:

Having avoided criminal liability, violators of the law risk being punished in accordance with the Code of Administrative Offenses of the Russian Federation.

Expert opinion

Viktor Pavlovich Strebizh, lighting and electrical expert

Any questions ask me, I will help!

The consumer must be notified of the debt and that the contractor may limit or completely suspend the supply of electricity. If there is something you don’t understand, write to me!