Is it legal to turn off the lights for non-payment, what to do and how to connect

Author of the article:

Muzyko Tatyana Andreevna - lawyer.

What to do when the light is turned off for non-payment and how to reconnect it?
This question begins to interest defaulters when an extreme measure is applied to them, although the problem could have been solved much earlier and without consequences. But even after the shutdown, you can reach an agreement with the utility companies.

Legislation

1. The Civil Code of the Russian Federation regulates relations in the field of rights and contractual obligations, including on the part of public utilities. Article 1064 applies when property is damaged due to illegal interruption of the supply or connection of light.
2. The Housing Code of the Russian Federation establishes criteria for the quality of housing and communal services.
3. Federal Law of the Russian Federation dated March 26, 2003 No. 35-FZ “On Electric Power Industry” introduces the concepts of electricity suppliers and the principles of operation of the energy market.
4. Decree of the Government of the Russian Federation dated May 4, 2012 No. 442 “On the functioning of retail markets for electrical energy, complete and (or) partial restrictions on the consumption regime” approves the rules for limiting the use of light: reasons, order depending on the grounds.
5. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of residential premises in apartment buildings” lists the criteria for the quality of water supply, payment procedures, and recalculation practices. Paragraph 122 prescribes what utilities must take into account when cutting off the electricity supply. Chapter 11 contains a mechanism for limiting and shutting down a resource due to non-payment of debt, and the notice period. Appendix 1 contains information about energy supply standards and permissible breaks.

Is it legal to cut off electricity for rent arrears?

Shutting off electricity for non-payment of money is a legal way to deal with rent debtors. Government Decree No. 354 prohibits the cessation of the supply of two services: cold water in an apartment building and heating, as this threatens the life support of the entire residential area, as well as the sanitary condition of the neighbors.

IMPORTANT! Shutting down is possible for 2 hours if there are 2 independent power sources, for a day - with one.

Reasons

Legislation allows, under certain circumstances, to stop providing a resource without warning users:

• when a natural disaster or network failure occurs;
• a fact of an illegal act was revealed: the user unauthorizedly connected to the power supply network;
• receiving an order from a government authority;
• the wiring inside the apartment is not in proper condition and threatens the safety of the property of the house and the owners;
• the consumer uses devices and equipment whose power is higher than the permissible parameters of the electrical network or interferes with the operation of the network, trying to change the characteristics.

The user is warned in advance about disconnection in cases where:

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1. The decision was made due to non-payment. The amount of debt is equal to a two-month contribution , calculated according to the standard without taking into account the readings of the flow meter. This will be considered incomplete payment for the service.
2. It is necessary to carry out scheduled ongoing or major repair work on the network. The service will be terminated 10 days after written notice.

IMPORTANT! Entering the down payment on the receipt is voluntary and is not included in the debt.

Utilities, when deciding to take such a serious step, must ensure:

• operability of electrical wiring in an apartment building for bona fide residents;
• integrity of common property;
• maintaining sanitary standards at the proper level.

If these conditions cannot be met, the measures taken against the defaulter must be changed.

Who is eligible

After following the legal procedure for notifying the debtor, the shutdown is carried out by an employee of the electricity supplier company with which the contract is concluded, or the management company (HOA), which is an intermediary.

Unpleasant surprises

Often debts for electricity are accrued to those residents who are registered at one address, but actually live at another. The logic of the service organization is as follows: there is a registration, which means that the person lives and uses energy. The solution may be to register at the place of actual residence.

• For example : Former spouses continue to live in the same living space. There is one personal account for two, only one pays and he is responsible for the debts of the other. Here, too, there is a way to solve the problem - divide your personal account into two different ones. You can contact the homeowners association, the management company, the light supplier, or the court, finally.
• For example : Managers often distribute the debts of defaulters among responsible and conscientious residents. And this amount is put in the line “house maintenance”. There is a solution - switch to direct contracts with energy sales. But there is also a nuance here - energy supply organizations often distribute the debt of the defaulter among his neighbors in the line for “common household needs.” The so-called "ONE". And if suspicions creep in that the company is unscrupulous, then it will have to be proven in court.

When is it illegal?

The management company must responsibly approach the procedure for turning off electricity so that their actions are not considered illegal in the future. Possible illegal situations:

1. The debt specifically for electricity is taken into account. If there is non-payment for water or heating, they have no right to turn off the lights.
2. If the house is officially heated in winter with electrical appliances, turning it off is unacceptable. This threatens the life and health of residents, and also makes the apartments unsuitable for habitation.
3. Rotating restrictions on services are prohibited, that is, when sanctions are imposed, the neighbors of the defaulter should not suffer.
4. Citizens included in the category of socially unprotected, such actions against whom are illegal, were disconnected.
5. The process prescribed by law was not followed.
6. Feed breaks exceed the specified maximum.
7. After repayment of the debt, the service was not restored within 2 days.

To prove such a fact, you need to invite an energy sales employee and draw up an act on illegal shutdown.

Categories of citizens

IMPORTANT! The provision of subsidies is of a declarative nature, that is, the applicant must inform social security of his desire to receive it and confirm his right with documents. Moreover, the debt accumulated up to this point will have to be repaid in full.

The law protects segments of the population who, due to life circumstances, are temporarily unable to fulfill rent obligations:

1. Citizens registered for housing have low-income status. This means that their total income does not reach the subsistence level and gives them the right to receive a subsidy. Then the state takes on part of the costs.
2. The debtor is a good-faith payer, but the employer is delaying wages. You need to notify the energy supply about such a situation, attach the appropriate certificate and ask for a deferred payment.
3. Socially vulnerable citizens live in the apartment: a minor child, a disabled person. The deterioration of their living conditions is not allowed.

Citizens must be the initiators of a peaceful resolution to the conflict with the utility service. When there are objective reasons for non-payment and they are obliged to return it, energy sales will agree to individual terms for repaying the debt. Litigation is not necessary for both parties, so utility companies always meet halfway.

In what cases the light cannot be turned off even if there is a debt

According to the rules for turning off electricity for non-payment, the debtor’s house or apartment can be cut off only if there is a debt for a period of more than three months.

An exception is the use of individual heating boilers that depend on electricity: in such a situation, interruption of power supply in winter is not allowed.

Small children are not a mitigating factor either. According to the law, citizens must independently solve their financial problems and pay utility bills on time, so trying to ensure the resumption of the supply of resources, arguing that they have children, without paying the debt makes no sense.

Responsibility

Utility companies will bear serious responsibility for illegal power cuts:

1. Administrative – cases of non-compliance with the legal procedure for terminating the service, exceeding the permissible breaks are punishable by a fine.
2. Civil – when due to illegal actions property has been damaged, moral or health damage has been caused.
3. Criminal - if the actions caused damage on a large scale, serious harm to health, or death of a person.

A person who tries to connect the light without permission will be subject to a similar punishment. The extent of liability will depend on the severity of the consequences: if there is no harm to the common property and the property of neighbors, then it will be limited to a fine.

If the network in the house is damaged, people or their property are injured, liability will range from civil to criminal.

Three questions from one problem

So, if at the moment a person does not have the means to pay for electricity, then his apartment or house has the right to be disconnected from the city or rural power supply network. At the same time, unauthorized connection of electricity, as is known, is prohibited by law, and residents have several problematic issues that have to be resolved simultaneously.

Firstly, food in the refrigerator begins to spoil, the electric stove, washing machine and other household appliances do not work, not to mention the TV, computer and other appliances. Secondly, you need to find out whether the amount indicated on the receipt corresponds to reality, that is, check the non-payment, because the management company could add without warning to the ODN some additional illegal payments for connection, etc. And, finally, you need to get it somewhere money for rent to pay off non-payment, because you will still have to pay, even if there is an error in calculating the one-time rent.

What to do? Of course, first of all, it is necessary to somehow connect the light at least temporarily so that you can fully use your home. After this, you will have to look for money for housing and communal services, and also find out if there is an error in calculating the debt, taking into account the ODN and other accrual rules.

Notice of disconnection for non-payment

If the consumer does not pay for 2 months (regardless of size), a decision is made to turn off the light.
Before this, he must be properly notified.

Notification procedure

The consumer is required to notify the consumer 20 days before termination of the service. This period is provided for voluntary payment of the debt or agreement on a debt repayment schedule.

Important! Proper notice will be considered if it can be proven that the debtor knew about the upcoming sanctions and did nothing to resolve the situation peacefully.

To ensure these conditions, utility companies are required to deliver a warning against signature to the debtor or send the document by registered mail with notification by mail.

The law also allows for other methods of warning: a line in the next receipt, an email message, or a personal account on the State Services website.

After 20 days, a supply restriction is introduced, and after another 10 – a complete cessation.

Act of disconnection

When an employee of a sales organization comes to stop the supply of electricity, a disconnection report is drawn up, which contains information:

1. The resource is completely or partially blocked. If the latter, then the level of restriction is indicated.
2. Date and time of the procedure.
3. Debtor's address.
4. Basis (order of the head of the organization).
5. Technical manipulations.
6. Current meter number and readings.
7. Reasons if the event did not take place.
8. Date, time of compilation, signatures of the parties.

This is the structure of a sample act, failure to comply with which may result in the actions being declared illegal. The document is drawn up in 3 copies, one of which remains with the tenant. The preparation of this document makes it impossible to accuse energy sales workers of arbitrariness.

Rules and process for disconnecting electricity

The mechanism for turning off the light is the same for all subscribers. The electrician opens the panel, disconnects the wires that supply a specific room with electricity from the general network and seals them.

For individuals

If we are talking about an apartment building or an apartment, then it is important to determine the number of the living space on the panel so as not to accidentally disconnect the wrong subscriber.

In a private house, the disconnection occurs from the network that provides light to the street or cottage community. The same mechanism applies to a house in the country.

The garages have electricity meters and are connected by the garage cooperative to the power line. They are cut off by disconnecting the cable leading from the power line to the premises. The payment of utility bills is monitored by the chairman of the GSK.

It is allowed to limit the supply of electricity to residential apartments. This is done by sealing energy-intensive appliances and leaving the light bulbs on.

Legal entities

They have responsibilities for making utility payments on the same basis as individuals, so a similar notification procedure applies to them. An electrician comes on the appointed day and disconnects their premises from the network of the shopping center or apartment building where the office or store is located. Legal entities have 10 days to pay the debt.

What to do if there is a power cut in the apartment

If a consumer has taken the situation to extremes and his light has been turned off for non-payment, the only thing he can do is pay. If it is not possible to pay the full amount at once, you can contact the energy sales office with an application for installment payments.

Where to contact

Depending on the method of managing the apartment building, this issue is supervised by the management company, the homeowners’ association, to which homeowners pay membership fees, or energy sales.

ADVICE! Contact the Criminal Code in front of witnesses or record it on camera.

What to write

You must contact the utility organization responsible for the issue with a written application for connection to the network and provide paid debt receipts.

If the subscriber wants to repay the debt in installments, the application must request an installment plan for a certain period of time and promise to comply with the schedule. The debtor should understand that if he evades payment, he will be sued, where he will be charged a fine, legal costs and the full amount of the debt.

How long will it take for them to connect back?

Subject to full payment or an agreement for partial reimbursement, the service will be restored within 2 days.

Price

Reconnection is paid by the guilty party. That is, when the supply of a resource is stopped legally, the consumer will pay for the electrician’s services at the tariffs of the service company.

The cost for citizens should not exceed one thousand rubles. The norm is enshrined in government bill No. 442. You can find out how much the procedure will cost by contacting the service organization.

What if it is not possible to pay a large amount right away?

If the debt for electrical energy has accumulated too much, the consumer simply does not have the opportunity to pay the entire amount at once, but there is still a way out. To do this, you need to go to the management company or electricity supplier. An installment payment agreement is drawn up jointly.

At the same time, the amount is spread over several months in advance and will be attached to your receipt and bills, which will arrive monthly by mail.

However, the organization reserves the right to refuse installment plans to the consumer if it considers him unreliable.

We also have materials about the rules and procedure for turning off lights in SNT for non-payment and everything about the act of disconnecting.

Is it possible to connect yourself?

A situation where a consumer tries to illegally connect a cut-off light is considered a crime and entails liability up to and including criminal liability.

It happens that, having paid the debt, the subscriber independently restores the supply of the resource. It is important to understand that this is illegal. Such specific activities should be carried out by professionals, since responsibility for the consequences falls on the performer. Incorrect manipulations can harm the common property and neighbors’ own property, as well as the health of the former debtor. All consequences will be his fault and he will have to pay the costs.

Therefore, you need to write an application to the utility service, attach documents about payment of the debt and electrician services, and wait for the power to be officially restored.