Re-issuance of a power supply contract upon change of owner (to a new owner)

An agreement between a subscriber and a network organization or supplier of energy resources is the main document that regulates and describes the rights, obligations, and responsibilities between the parties. It also indicates the amount of resources that are supplied to the consumer

Re-registration of capacity upon change of ownership is a widespread practice that underlies the purchase and sale of commercial real estate and more. According to the law, there cannot be two contracts between the consumer and the supplier regarding the same object. Therefore, even if the owner changes, the contract remains valid; it must be terminated and a new one concluded.

There is another situation that is not formally considered a renewal of the contract. This is a restoration of the agreement. For example, when a document was lost earlier. The procedure will be different.

The problem can be solved on your own. But this is additional time, effort, and possibly money. Renewal of the contract is particularly difficult, as there are several pitfalls.

Megavolt company offers legal assistance in re-registration or restoration of documents. We are well acquainted with the regulations, internal documents of network organizations, and the specifics of relevant legislation. We are ready to take on all bureaucratic issues.

Where to renew an electricity contract

As a general rule, the contract for the supply of electricity is renegotiated with the network organization. That is, actually from the energy resource supplier itself. Rosseti (MOESK) operates in Moscow and the Moscow region. Moscow energy sales company. Another question is if the facility receives energy under a transfer agreement. Usually the contract is renegotiated on the same or new terms with a different owner of the property.

In order to renew the energy supply contract, you must comply with the formal requirements of the law. Before doing this, it is important to assess whether the current capacity meets the owner’s needs. Clarify new conditions and work them out. Only then contact the network organization.

Debts of the previous owner

According to current legislation, the debt for consumed electricity before the date of conclusion of the purchase and sale agreement falls on the previous owner of the property. An exception may be if the former and new owners agree on a different procedure for repaying the debt.

The problem is that the basis for energy supply to a certain facility can only be one agreement. Two contracts for the energy supply of one facility are unacceptable at the legislative level. Accordingly, a new agreement cannot be concluded while the old one is in force. Electricity suppliers are in no hurry to terminate the contract before full repayment.

As a result, the facility may be disconnected from the network for a long time, which forces the new owner to pay at his own expense. You can recover losses by filing a lawsuit against the previous consumer of electrical energy, but the length of litigation and the associated costs often make such an operation futile.

If you do not want to pay for electricity for the previous owner, we advise you to adhere to the following recommendations:

Always check the meter for seals and physical integrity.
Record in writing the readings of the device at the time of conclusion of the transaction. That is, add a clause with meter readings to a standard two-way deed of transfer of residential real estate; they can also be included in the purchase and sale agreement.

Standard apartment transfer act
If the seller presents the latest receipt for the use of electricity as proof of the absence of debt, you should not blindly believe this fact. Check the current readings of the electricity meter with the data on the receipt.

By adhering to these simple rules, you can easily re-register your personal accounts and electricity contracts, protecting yourself from paying someone else’s debts.

Application for re-issuance of documents on technological connection

There is no single application form. Therefore, you can use any sample from the network. The application can be completed by hand or on a printed form. It doesn't really matter. The application states important conditions. Including:

Destination. A company that acts as a supplier of energy resources. Whether it is directly a network organization or a company, a legal entity, a subscriber.
Applicant. Last name, first name, patronymic of an individual, individual entrepreneur, indicating status. Or the name of the legal entity indicating the form of organization.
Personal data or details of a company, legal entity.
Subject, reason for appeal.
The address of the facility that is provided with electrical energy.
Description of the construction site. Its characteristics.

The application must be submitted in person or by registered mail. A package of documents is attached to the application. The algorithm depends on the status of the applicant. Be it an individual, a legal entity or an individual entrepreneur.

The procedure for re-registration and the list of required documents

Individuals who have become owners of residential premises, as a rule, do not have problems with re-issuing an electricity contract. Certain difficulties may arise if there is a debt for the provision of energy supply services. For legal entities, the process of re-registration of documents after a change in the owner of a property is somewhat more complicated.

Re-registration for individuals

To avoid trouble, you should adhere to the following algorithm:

Before transferring ownership rights, the owner of the property must notify the electricity supplier about this, and then terminate the contract with him, having first paid for the services in full.
Calculation for energy consumption is made according to the meter readings at the time of concluding the purchase and sale agreement. To do this, it is recommended to draw up an act of transfer of the premises, recording the meter readings. An alternative could be to require previous property owners to provide proof of payment for utility bills, including electricity consumption.
We recommend that the new property owner check the serviceability of the meter and compare its readings with those indicated in the consumer’s acceptance certificate for the premises (or in the electricity payment certificate).

If there are no complaints in the points listed above, you can begin the procedure for re-issuing a personal account for the supply of electricity and an agreement. You should contact the organization that has entered into an agreement for the supply of electricity with the previous owners of residential premises. The list of documents required for this procedure may vary slightly by region. As a rule, electricity suppliers request the following standard set:

Application for re-registration. There is no single form, so either a writing sample or a printed form can be submitted.

Fragment of a form for registration and renewal of an energy supply contract
Copies of documents confirming the identity of the person submitting the application. To accept documents for consideration, as a rule, it is necessary to present the original passport.
Photocopies of documents confirming ownership of the property and its registration with the relevant authorities.
A certificate-extract from the registration certificate for the property, which provides information about the total area of the apartment/private house.
Certificate of registered (registered) residents (provided by the management company, housing and communal services or regional office of the Federal Migration Service).

Example of a certificate of registered residents
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Photocopies of the lease (use of residential premises) or purchase and sale agreement.
A copy or original of the act drawn up upon acceptance and transfer (indicating the meter indicators).
A certificate confirming that the previous owner has no debt for utility services, including for the use of electrical energy. A sample of such a document is given below.

Example of a certificate of no debt

For legal entities

As we already mentioned above, the procedure for renewing an agreement with an energy company, which occurs after a change of owner, is much more complicated for legal entities. Since this publication is not focused on them, we will not delve into this issue, but will immediately move on to a standard list of necessary documents. It includes:

Application for re-registration of personal accounts and contracts in connection with a change in the owner of the property.
Copies of constituent documents (of the new owner - a legal entity), including the Charter of the organization and a certificate of state registration. Copies must be certified by the company’s round seal and the signature of its director.
Photocopies of documentation that records ownership of the object, as well as the land on which it is located. Lease agreements can also serve as such documents. With this option, registration of personal accounts for the consumption of electrical energy, as well as contracts for its supply, is carried out on the tenant.
Calculation of power consumption, including a list of equipment connected to the electrical network with a plan for its placement relative to the input power lines.
The original power of attorney issued in the name of an employee of the company (renewing the contract) to receive documentation after the registration process.
Some companies (electricity suppliers) additionally require a project for power supply to the property. If, after purchasing the property, no modernization was carried out, then it is permissible to provide a project drawn up for the previous owner. Otherwise, an order is made for the development of a new project (from an organization that has the appropriate license).

In addition to preparing the listed documents, the new legal entity owner is faced with the task of obtaining technical conditions for connection. To do this, you must submit an application for the provision of technical specifications indicating the installed power of electrical equipment. Technological connection is preceded by the fulfillment of a number of requirements specified in the connection conditions. Only after this is electricity supplied.

Document recovery

Restoration and re-registration of documents are two different procedures. Restoration does not present any particular difficulties for the owner.

To resolve the issue, you need to contact the network organization or the supplier.

The algorithm is like this:

Submitting an application for document restoration.
After receiving the application, the organization verifies the fact of proper technical connection. The act of accession is provided by the owner himself or the company restores it from the archive.
A duplicate of the agreement is being prepared.

Completion time: from 7 to 20 days. Depends on the company and region of execution.

Where to begin?

First of all, we recommend that you make sure that the permitted power connection satisfies your needs. If you are satisfied with its volume, you can begin the procedure for drawing up an agreement between the new owner and the energy company (the list of necessary documents will be given below). Otherwise, this process can be combined with applying for additional capacity.

You can find out the current value of the allocated electrical power from the power supply contract, or by making a corresponding request to the energy company. The features of the capacity re-registration procedure were discussed in our article devoted to this issue.

Having decided on the need to expand the permitted power, you can move on to the main task.

Documents for Mosenergosbyt upon change of owner

The new owner must submit a package of documents. It’s better to prepare everything you need right away so you don’t have to go again. Let's look at what documents Mosenergosbyt needs for re-registration:

Passport of a citizen of the Russian Federation.
Documents of title: purchase and sale agreement, gift agreement, certificate of inheritance, etc.
Legal documents. Currently this is an extract from the Unified State Register of Real Estate. Until July 15, 2016, such a document was the Certificate of State Registration of Rights.
Photo of the meter with readings on the date of the visit.
Latest electricity receipt.
If the new owner still has a certificate of no debt, attach it to the package of documents as well.
Application for renewal of the contract. You can either write it in advance or at the Mosenergosbyt office.

Important! Before contacting the MES, make sure that there is no debt on payment for electricity.