Utilities, balance demarcation pass under the arch. Disputes over the definition of the boundaries of engineering networks mcd. What is the meaning of the agreement

When users sign a supply agreement with management organizations, they care little about agreeing on balance sheet boundaries. In addition, it is important to understand that the issue of delineation of responsibility for operation, and other topics related to engineering networks supplied to houses, may be relevant. Who should do this? Both sides. But in order to protect themselves, they must sign an act of delimiting the balance sheet ownership of water supply networks.

Plumbing is a very important component of a comfortable life in the house. By signing the act, the parties should be responsible for the good condition of the water supply system, and if something is missed, the pipes will need to be repaired, and, naturally, at their own expense. All this must be taken into account when agreeing on the balance sheet, because often it is the manager who bears all the responsibility for water supply and sewerage. Therefore, the mediator needs to narrow the range of his immediate responsibilities, without leaving the framework of civil legislation.

Determination of operational responsibility

No residential or non-residential building can be put into operation if such utilities as water supply and sewerage are not connected to it. To regulate the supply of these resources, companies must enter into contracts that delineate operational responsibilities.

The purpose of these contracts is for clients to receive a water supply or water consumption service, and the company that provides these services receives an agreed payment for their work.

Dear Readers!

Our articles tell about typical ways of solving legal issues, but each case is unique. If you want to know how to solve your particular problem - contact the online consultant form on the right →

It's fast and free! Or call us on the phones (around the clock):

Here are a couple more rules that are followed when signing the delineation of responsibility:

How a sample delineation act is drawn up

An act is a document that is drawn up in writing to indicate the rights, obligations and powers between the organizations supplying resources and the subscriber who receives them. Although the second party can also be a management company, which is only an intermediary, taking over part of the responsibilities after the form is signed.

The responsibilities of the supplying companies are not so extensive. In particular, these companies are obliged to supply the resource in the proper quantity and in high quality. But for the subscriber, which is now the management company, the delivery of the service costs a pretty penny. The fact is that he must:

• Repair equipment if it breaks down;
• Carry out maintenance of equipment;
• Other responsibilities.

Features of drawing up an act on water supply and sewerage

Water supply and sewerage are services without which modern society cannot live. This industry includes the following services:

And also in the document, an indication of the limits of responsibility is a prerequisite. In this particular case, they relate to the owner of the premises.

• Stands for hot and cold water supply;
• Water cut-off devices;
• Shut-off and control valves on the in-house wiring.
• Household sewerage system;
• Common sewer riser;
• Trumpet;
• Internal sewerage pipelines;
• Risers of the heating system and their disconnecting devices.

As you can see, responsibility rests only for those systems, the operation of which largely depends on people. A problem as simple as a clogged sewer pipe without a responsible person can turn from a nuisance into a real disaster. Because the overlap of the common riser carries the shutdown of the service to the entire house. And if there is no way to find a person who will correct all this, then the blockage will not be able to be removed even after a month.

Approximately the same problem can befall those to whom the water utility supplies water. It is possible to deal with a broken pipe in a few hours, and without a responsible person or an incorrectly drawn up act of balance sheet ownership of water supply networks, it may not be possible to fix the breakdown for a year. It is not scary if no one lives in the house, but if this is not the case, then people will be left without a full-fledged water supply.

Establishing the boundaries of the area of ​​operational responsibility between the management company and the RNO.

Timely establishment of a zone of operational responsibility, determination of its boundaries between the management company (or HOA, ZhSK) and the resource supplying organization (hereinafter RSO) is one of the significant problems that arises when resolving issues of legal, industrial relations between the parties and that arise in cases of ensuring the necessary operation of engineering communications of an apartment building (hereinafter MKD) of the housing stock. For management companies, this issue becomes the most significant in the event of accidents on networks that are not related to the common property of the owners in the MKD, but which were included in the agreement between the management company and the RNO in the form of an agreement to the agreement. Based on the concluded agreement defining the area of ​​operational responsibility, the responsibility for repairing these networks, for example outside the perimeter of the building, is assigned to the management company, which ultimately leads to an additional financial burden on the management company. This additional financial burden is most often very significant for the management company, since work on networks outside the perimeter of the building involves carrying out expensive earthworks with the involvement of a rented one,special equipment, accompanying registration of permits.

How to prevent the development of such a situation? Let us dwell in more detail on the basic concepts of operational responsibility and balance sheet ownership. From the analysis of legal acts, it follows that the boundary of the balance sheet divides utilities on the basis of ownership or other legal possession, and the boundary of operational responsibility presupposes a dividing line on the basis of imposing a burden on the maintenance of utilities. So, for example, in the "Rules for Cold Water Supply and Wastewater Disposal", approved by the Decree of the Government of the Russian Federation No. 644 of July 29, 2013, the definitions of these terms are clearly indicated:

"Balance sheet boundary" - the line of dividing objects of centralized cold water supply and (or) sewerage systems, including water supply and (or) sewerage networks, between owners on the basis of ownership or possession on another legal basis;

"Boundary of operational responsibility" - the line of dividing objects of centralized cold water supply and (or) sewerage systems, including water supply and (or) sewerage networks, on the basis of responsibilities (responsibility) for the operation of these systems or networks, established in the cold water supply agreement, contract sewerage or a single contract for cold water supply and sewerage, contract for the transportation of cold water, contract for the transportation of waste water;

When concluding resource supply agreements for apartment blocks, the balance sheet boundary will separate the utility networks, which are the common property of the owners of the premises, from other utility networks. In this regard, it is necessary to clearly understand what belongs to common property and what does not.

"Boundary of operational responsibility" - the line of dividing objects of centralized cold water supply and (or) sewerage systems, including water supply and (or) sewerage networks, on the basis of responsibilities (responsibility) for the operation of these systems or networks, established in the cold water supply agreement, contract sewerage or a single contract for cold water supply and sewerage, contract for the transportation of cold water, contract for the transportation of waste water;

When concluding resource supply agreements for apartment blocks, the balance sheet boundary will separate the utility networks, which are the common property of the owners of the premises, from other utility networks. In this regard, it is necessary to clearly understand what belongs to common property and what does not.

WITH leaving common propertyclearly defined by Chapter I. in the regulation and Government of the Russian Federation of August 13, 2006 No. 491 " ON THE APPROVAL OF THE RULES FOR THE MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING AND THE RULES FOR CHANGING THE AMOUNT OF THE PAYMENT FORMAINTENANCE AND REPAIR OF THE RESIDENTIAL SPACE IN THE CASE OF PROVIDING SERVICES AND PERFORMING WORK ON MANAGEMENT, MAINTENANCE AND REPAIR OF THE GENERALPROPERTY IN AN APARTMENT BUILDING OF IMPROPER QUALITY AND (OR) WITH INTERRUPTIONS EXCEEDING THE SET DURATION"

In accordance with clause 8 of the said Rulesthe outer border of electricity, heat, water supply and sewerage networks, information and telecommunication networks (including wire radio broadcasting networks, cable television, fiber-optic networks, telephone lines and other similar networks) that are part of the common property, unless otherwise not established by the legislation of the Russian Federation, is outer wall of an apartment building, and the boundary of operational responsibility in the presence of a collective (common house) metering device of the corresponding communal resource, unless otherwise provided by an agreement between the owners of the premises with the provider of utilities or RNO, is the junction of the collective (common house) metering device with the corresponding utility network included in the MKD. The external boundary of the gas supply networks that are part of the common property is the junction of the first shut-off device with the external gas distribution network.

So, specifying clause 8 of the Rules for the maintenance of common property, you can refer to clause 14 of the Water Supply Rules, which states: subject to agreement demarcation can be established by a well (or a chamber) to which devices and structures are connected to connect the subscriber to a communal water supply or sewerage network. With regard to heating networks, it is possible to set the limits of operational responsibility on the wall of the thermal chamber at the subscriber's input or according to the first disconnecting devices. All these options must be agreed upon in the delineation of operational responsibility.

However, the act of delineation of operational responsibility is upon reaching agreement .

Analysis of legislation and judicial practice allows us to conclude that if no agreement is reached between the managing organization and the RNO on the issue of determining operational responsibility limits , the latter is determined by the boundary of the balance sheet, which is the outer boundary of the wall of an apartment building.

However, the delineation of operational responsibility consists upon reaching agreement between the RNO and the subscriber on this issue, and if this is not achieved, the boundaries of responsibility are determined by the boundaries of balance sheet ownership. Consequently, an act of delineation of operational responsibility may not always be present. The same is evidenced by the analysis of judicial practice on disputes about the terms of contracts arising from their conclusion..

Based on the foregoingthe following conclusion can be drawn:

in the absence of an act of delineation of operational responsibility, the border is established at the place of connection of the collective (common house) metering device, and in its absence -along the outer border of the wall of an apartment building - the border of the common property of the owners of the premises of the MKD.

Additionally, it can be pointed out that problems when concluding a contract and delineating operational responsibility arise when the balance holder-owner of a section of engineering networks from the wall of the MKD to the networks that is on the balance sheet of the RNO is unknown. These plots are often ownerless, but necessary to supply the house with resources and are located on the adjoining land plot, which is part of the common property. As a rule, RNOs try to place the burden of maintaining such network sections on the management organization and the owners of the apartment buildings, arguing that the maintenance of these sections is not taken into account in the tariffs. Meanwhile, even in this situation, there are no legal grounds for the delineation of operational responsibility for inserting into engineering networks, which are on the balance sheet of the NNR. It should be borne in mind that by virtue of paragraph 1 of Art. 421 of the Civil Code of the Russian Federation, legal entities are free to conclude an agreement. According to clause 4 of the named article, the terms of the contract are determined at the discretion of the parties. When resolving these disputes, the courts note that the RNO has the right to appeal to the regulatory body with documents confirming the costs of paying for services for transferring a resource through networks that have not been transferred to it in operation, in order to account for them and compensate them in the subsequent period of tariff regulation.

____________________________________

The act of delineating balance and operational responsibility is a document that is required to regulate relations between a company that supplies various resources (electricity, water, gas, heat, etc.) and a consumer.

Files

Goals and objectives of the act

The main purpose of this act is to clearly define the boundaries beyond which the zone of responsibility of the resource supplying organization and the consumer lies. At the same time, the legislation of the Russian Federation does not have an unambiguous definition of the concept of "differentiation of balance and operational responsibility", and there are no explanations as to how exactly this should occur.

You can more or less understand this only with a careful study of the regulatory documents.

The line that separates the general network from the network of a particular owner is considered to be the boundary of the balance sheet.

That is, for example, if we are talking about an apartment building, then there is a section of networks related to the list of common property and the rest.

Documented differentiation is made by signing an appropriate agreement between the parties, as well as drawing up a special act. It happens that an agreement cannot be reached (as a rule, due to the fact that the resource provider unreasonably expands the client's area of ​​responsibility) - in this case, the delineation takes place in court.

So, on the basis of the foregoing, it can be concluded that separation is necessary so that each party has an idea of ​​who exactly serves this or that section of the communication networks, and also in case of establishing the fact of damage or deterioration of the networks, it could understand exactly who is responsible for it. repair and restoration. In addition, the act becomes a point in the process of connecting newly built objects to communication networks.

If for some reason it is not possible to determine the operational responsibility, the balance sheet is established - usually it corresponds to the line of the outer wall of the building or structure.

By mutual agreement of the parties, other ways of determining the boundaries are also possible.

What is needed to draw up an act

As it becomes clear from the purpose of the document, it is equally necessary for both sides of the relationship.

If the delineation act is not drawn up by the resource supplying organization itself, then it is not so difficult to obtain it. To do this, you need to send there a copy of the certificate of ownership, permission to carry out construction, documents for the commissioning of the facility, etc. In due time, the act will be available in your hands.

Features of drawing up an act, general points

If you are tasked with forming an act of delineating balance and operational responsibility, and you have no idea how to do this correctly, we recommend that you carefully read the tips below. Check out the sample document - you will probably be able to create your own letterhead based on it.

Today there is no single unified form of the act. This suggests that employees of resource supplying companies have the opportunity to write it in any form or, if the organization has an approved document template, by its type.

Regardless of which method of registration will be chosen, when writing an act, it is necessary to take into account several general points that are characteristic of all such types of papers. For example, you need to ensure that the structure and content of the form meet certain standards of office work.

In other words, the act should be conditionally divided into three parts:

1. the so-called "header", where information about the document itself is entered;
2. the main block - includes data about the provider and consumer of services, the address and some individual technical characteristics of the object, etc. Quite often, a graphically designed layout of communications is also included here (however, it can also be attached as a separate document);
3. the conclusion is the fact of the statement of the delineation of responsibility.

It is permissible to draw up an act on an ordinary blank sheet of any convenient format (generally applicable A4), by hand or type on a computer - these values ​​do not play a role in determining its legality. It is only important that the act was drawn up without errors and blots, and if any did occur, it is better not to correct them, but to draw up a new form.

In addition, the document must be endorsed with stamps (provided that their use is enshrined in the company's accounting policy).

The application is drawn up in three identical copies.

• One is sent to the consumer of the service,
• the second - to the controlling supervisory structure,
• the third one remains in the resource-supplying organization.

The act must be signed by representatives of two parties: the resource provider and the recipient.

Sample document

At the beginning of the document it is written:

• its full name;
• number and date of compilation;
• names of companies, positions and names of their representatives;
• the address where the building or structure is located.

After that, the technical characteristics of the object are given (they can be issued in the form of a table or a list), the boundaries of balance sheet ownership and operational responsibility are set.

If necessary, the form can be supplemented with any other information (depending on individual circumstances). All additional papers attached to the act should be noted as a separate item.

At the end, the document is signed by representatives of the parties.

Any building, without a certain internal filling and all those housing and communal benefits, without which we now cannot imagine our life, is in itself something like an empty box. It does not matter whether it is an apartment building or a private mansion, a manufacturing enterprise or an office space - they all need certain services: heating, electricity, water.

At this stage, special organizations are engaged in providing the building with these benefits: the management company (management companies), HOA (Homeowners' Association) and other commercial organizations. They are obliged to conclude agreements on the supply of certain services on behalf of the owners of square meters of this house with resource supplying companies. It should be noted that resources do not appear out of nowhere, but come through pipes, wires, etc. Everything seems to be simple, but when these supply routes break down, the question arises who should be responsible and repair them.

Delineation and responsibility act

According to the norms of the civil law of the Russian Federation, it is possible to determine responsibility for the maintenance and operation of the supply routes for housing and communal services only after reviewing the information contained in the act of delimiting balance sheet ownership and operational responsibility. In order to understand this legal concept, you first need to disclose auxiliary terms:

Boundary rules

With modern technologies, it is not a problem to find the approximate content of this or that normative act. The corresponding thematic sites are filled with samples of the necessary documents.

Table of engineering systems and responsibilities of the parties

After the act of delimiting the borders is concluded, a lease agreement for the relevant housing and communal services must be concluded between the parties. The owner of the dwelling will be assigned a personal financial account, according to which he will pay utility bills. The resource supplying company, in turn, undertakes to supply the goods necessary for modern life. And if there is a breakdown of communication routes, then the party specified in the act of delineating balance sheet ownership and operational responsibility will bear responsibility for its well-being.

In order to reduce losses on the networks, RNO strives to establish a delivery point as far as possible from the end consumer, which is absolutely unprofitable for the other party to the contract. This article will consider a way to legally determine the points of delivery and the boundaries of the operational responsibility of the parties.

Concepts and regulations.

To begin with, let's define what is the point of delivery and the boundary of operational responsibility for each type of resource in accordance with the current legislation.

The most complete picture of these categories can be made on the basis of legislative acts regulating the procedure for the supply of electrical energy. So, the definition of the supply point is contained in the Electricity Regulations approved by the Decree of the Government of the Russian Federation of August 31, 2006 No. 530. This is a place in the electric network, located on the border of the balance sheet of the power receiving devices of the buyer of electrical energy or the person in whose interests he purchases it, and is a place fulfillment of the obligation to supply electricity used to determine the volume of mutual obligations of the subjects of the retail market.

As can be seen from this definition, the supply point is located on the border of the balance sheet, which, in accordance with the Rules for Access to Services for the Transmission of Electricity, approved by Decree of the Government of the Russian Federation No. 861 of December 27, 2004, is the line for dividing electric power facilities between owners on the basis of ownership or ownership on another law stipulated by federal laws, which determines the boundary of operational responsibility between the grid organization and the consumer of services for its transmission (the consumer of electrical energy, in whose interests an agreement on the provision of services for the transmission of electrical energy is concluded) for the condition and maintenance of electrical installations.

The boundaries of balance sheet ownership are determined by the act of delimiting the balance sheet ownership of power grids - a document drawn up in the process of technological connection of power receivers of individuals and legal entities to power grids.

The boundaries of the parties' liability for the operation of the respective power receivers and power grid facilities are established by an act of delineation of the operational responsibility of the parties drawn up by the grid organization and the consumer of services for the transmission of electrical energy in the process of technological connection of power receivers.

The Rules for the Use of Public Water Supply and Sewerage Systems, approved by the Decree of the Government of the Russian Federation of 12.02.1999 No. 167, also provide the concepts of the boundaries of balance sheet ownership and operational responsibility. In particular, the line of division of the elements of water supply and (or) sewerage systems and structures on them between the owners on the basis of ownership, economic management or operational management is called the boundary of the balance sheet. The border of operational responsibility is the line of dividing the elements of water supply and (or) sewerage systems (water supply and sewerage networks and structures on them) on the basis of duties (responsibility) for the operation of elements of water supply and (or) sewerage systems, established by agreement of the parties. In the absence of such an agreement, the operational liability boundary is determined by the balance sheet boundary.

In paragraph 5 of Art. 15 of the Federal Law of 27.07.2010 No. 190-FZ "On Heat Supply" (hereinafter - the Law on Heat Supply) also states that the place of fulfillment of the obligations of the heat supply organization is the delivery point, which is located on the border of the balance sheet of the heat-consuming installation or the consumer's heating network and the heating network heat supply or heating network organization or at the point of connection to an ownerless heating network.

Subparagraph 3 of clause 4 of Art. 17 of the Law on Heat Supply established that the responsibility of the heating network and heat supply organizations for the condition and maintenance of heating network facilities is determined by the boundary of the balance sheet, which is fixed in the act on the delineation of the balance sheet ownership of heating networks and the act on the delineation of the operational responsibility of the parties (in the annexes to such an agreement).

According to paragraph 2 of Art. 19 of the Law on Heat Supply, commercial metering of heat energy and heat carrier is carried out by measuring them with metering devices, which are installed at the metering point located on the border of the balance sheet, unless another metering point is determined by the heat supply agreement or the agreement on the provision of services for the transfer of thermal energy.

The metering point of heat energy and heat carrier is a place in the heat supply system, in which, using metering devices or by calculation, the quantity and quality of produced, transmitted or consumed heat energy and heat carrier for the purposes of commercial accounting are established (clause 24 of article 2 of the Law on Heat Supply) ...

The concepts in the field of gas supply are somewhat different from those given above. They are set out in clause 3 of the Rules for the supply of gas to meet the household needs of citizens, approved by Decree of the Government of the Russian Federation No. 549 dated 21.07.2008. through the gas distribution network or liquefied hydrocarbon gas from a tank or group cylinder installation to the border of ownership of the gas distribution (connected) networks, determined in the prescribed manner. In turn, in-house gas equipment includes gas pipelines of an apartment building (MKD) or a residential building connected to a gas distribution network or a tank (group) cylinder installation, providing gas supply to the point of connection of gas-using equipment, as well as gas-using equipment and gas metering devices.

Despite the fact that all of the listed legislative acts give different concepts of the point of delivery, the boundaries of balance sheet ownership and operational responsibility, their essence still boils down to the following. The boundary of the balance sheet, which is the boundary of the division of ownership, determines the boundary of operational responsibility, as well as the point of delivery of the utility resource (the metering point at which the corresponding device is installed). At the same time, the border of operational responsibility assumes a dividing line on the basis of imposing a burden on the maintenance of the corresponding engineering communications and mainly runs along the border of balance sheet ownership, however, the parties to the contract may agree on a different border of operational responsibility.

Composition of the common property of owners of premises in an apartment building.

From the analysis of the above norms, it follows that the boundaries of balance sheet ownership depend on the boundaries of ownership, economic management or operational management of engineering networks. Therefore, it is necessary to determine where these boundaries lie.

Due to the fact that the Criminal Code enters into agreements with the RNO and acquires the appropriate resources in order to provide public services to citizens, the provisions of the RF Housing Code, the Rules for the Provision of Public Services, as well as the Rules for the Maintenance of Common Property regulate the relationship under the resource supply agreement.

According to paragraph 2 of Art. 162 of the Housing Code of the Russian Federation under a management agreement for an apartment building, the Criminal Code undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house and provide utilities to the owners of premises in the house. Therefore, it is necessary to determine the composition of the common property of the owners and establish whether the boundaries of the balance sheet ownership of engineering networks depend on the composition of the common property.

By virtue of paragraph 1 of Art. 36 of the Housing Code of the Russian Federation, owners of premises in MKD own, on the basis of common shared ownership, premises in the house that are not part of apartments and are intended to serve more than one room in this house, including basements, which have utilities, roofs, enclosing load-bearing and non-load-bearing structures houses, mechanical, electrical, sanitary and other equipment located outside or inside the premises of the house and serving more than one room, the land plot on which the house is located, with elements of landscaping and improvement and others intended for the maintenance, operation and improvement of this house objects located on the specified land plot.

In accordance with paragraph 1 of Art. 157 of the RF LC, the amount of payment for utilities is calculated on the basis of the volume of consumed utilities, determined by the readings of metering devices, and in their absence - on the basis of the standards for the consumption of utilities approved by the state authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation.

Therefore, accepting the management of the MKD, the MC undertakes to ensure the supply of utilities, the volume of which is determined by the readings of metering devices, as well as the proper operation of all of the above-mentioned common property of the owners of premises in the MKD. To determine the point of delivery of the corresponding communal resource in the MKD, it is necessary to determine where the meter should be installed, as well as answer the question where the operational responsibility border lies and the point of supply of the resource is located in the absence of a meter.

In accordance with clause 3 of the Rules for the provision of utilities, a collective (common house) meter is a measuring instrument used to determine the volume (quantity) of utilities submitted to the MKD.

The owners of premises in MKD (in the case of choosing the direct management of MKD) and the owners of residential buildings pay for the volumes (quantity) of cold and hot water, gas, electric and thermal energy purchased from the RNO, as well as for the services of wastewater disposal, based on the readings of metering devices installed on the border of networks that are part of the common property of owners of premises or owned by owners of residential buildings, with communal infrastructure systems, unless otherwise provided by the legislation of the Russian Federation (clause 7 of the Rules for the provision of communal services).

Clause 3 of the Rules for the Provision of Utility Services defines that utility systems include utilities and equipment intended for the provision of utilities and located in the premises of the MKD or in a residential building.

From clauses 5, 6 and 7 of the Rules for the maintenance of common property, it follows that in-house systems of cold, hot water supply, gas supply, heating and power supply, as well as collective (common house) metering devices are included in the common property of owners of premises.

According to clause 8 of the Rules for the maintenance of common property by the external border of electricity, heat, water supply and sewerage networks, information and telecommunication networks (including wire radio broadcasting networks, cable television, fiber-optic networks, telephone lines and other similar networks) included in the composition of the common property is the outer boundary of the MKD wall (unless otherwise established by the legislation of the Russian Federation), and the boundary of operational responsibility in the presence of a collective (common house) metering device of the corresponding communal resource is the junction of the collective (common house) metering device with the corresponding engineering network included in the MKD (unless otherwise established by an agreement between the owners of the premises with the provider of utilities or RNO).

From the totality of the above norms, it follows that the point of supply of the corresponding communal resource and the border of operational responsibility is the outer border of the networks that are part of the common property of the owners. As a general rule, in the absence of a collective (common house) metering device, this boundary is considered to be the outer boundary of the MKD wall, and if there is one, the junction of the collective (general house) metering device with the corresponding RSO network included in the MKD.

In practice, there are often cases when the common property of the owners does not end at the border of the MKD wall. Accordingly, the delivery point and the boundaries of balance sheet ownership and operational responsibility are not determined by the outer boundary of the MKD wall.

This is consistent with the provisions of Art. 36 of the Housing Code of the Russian Federation, on the basis of which the common property includes, in particular, the land plot on which the MKD is located, with elements of landscaping and improvement and other objects located on the specified land plot intended for the maintenance, operation and improvement of this house. The boundaries and size of this land plot are determined in accordance with the requirements of land legislation and legislation on urban planning.

Acts of delineation of balance sheet ownership and operational responsibility.

Due to the fact that the established boundaries of operational responsibility determine which sections of engineering equipment will be serviced by the management company, in order to avoid disputes during the execution of the contract between the RNO and the management company, acts of delineation of balance sheet ownership and operational responsibility must be signed. In this case, the following should be taken into account.

Clause 7 of the Decree of the Government of the Russian Federation of 13.08.2006 No. 491 established that the boundaries of separate land plots, within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and water disposal, as well as the zones of action of public easements in within residential quarters, microdistricts to ensure unhindered maintenance of the specified property, are established by local governments.

Thus, for each apartment block, local government bodies must determine the boundaries of the land plot related to the common property of the house. The boundaries of the land plot, which is part of the common property of MKD, determine the boundaries of balance sheet ownership and operational responsibility, which must be recorded in an act between the MC and the RNO. Accordingly, if the boundaries of a land plot are larger than the area of ​​an apartment building, the maintenance of utilities passing through this land plot is entrusted to the Criminal Code on the basis of a management agreement.

Ownerless engineering networks.

Unfortunately, in practice, there are often cases when engineering networks are not included in the area of ​​responsibility of any party to the resource supply agreement, that is, they are ownerless. Who, in this case, should maintain these networks and pay for the losses of utility resources in them?

Clause 4 of Art. 8 of the Law on Heat Supply determines: if organizations carrying out regulated activities in the field of heat supply operate heating networks, the owner or other legal owner of which has not been established (ownerless heating networks), the costs of maintenance, repair and operation of such heating networks are taken into account when setting tariffs in relation to these organizations in the manner prescribed by the principles of pricing in the field of heat supply, approved by the Government of the Russian Federation.

In accordance with paragraph 6 of Art. 15 of the Law on Heat Supply, in case of identification of ownerless heating networks (heating networks that do not have an operating organization), the local government body of the settlement or urban district, prior to recognizing the ownership of these heating networks, within 30 days from the date of their identification, is obliged to determine the heating network organization, the heating networks of which directly connected to these heating networks, or a single heat supply organization in the heat supply system, which includes such heating networks and which carries out their maintenance and service. The regulator should include the costs of maintaining and maintaining ownerless heating networks in the tariffs of the relevant organization for the next regulatory period.

According to clause 55.1 of the Methodological Guidelines for the Calculation of Regulated Tariffs and Prices for Electric (Thermal) Energy in the Retail (Consumer) Market, approved by Order of the Federal Tariff Service dated 06.08.2004 No. 20-e / 2 (as amended by the Order dated 31.07.2007 No. 138-e / 6), if the operating costs of ownerless networks are not taken into account when setting tariffs, the consumer of electricity connected to ownerless networks pays for the losses of electricity in these networks in proportion to his actual electricity consumption.

Thus, if the section of networks between the wall of the MKD and the networks of the RNO is ownerless, when setting the tariff for the RNO the Federal Tariff Service should include the costs of maintenance, repair and operation of this section of the networks. Until the cost of operating an ownerless section of the network is not included in the tariff, energy losses in this section must be paid by the CM in proportion to the actual consumption. In particular, in the Resolution of the FAS MO dated 11.01.2011 No. KG-A41 / 14529-10, the court concluded that the consumer is obliged to pay the cost of heat losses in the ownerless section of the heating network in proportion to the actual consumption by other consumers. But at the same time, the obligation to operate and bear the costs of these networks arises from the RNO.

Operational Liability Limits: Arbitration Practice.

One of the examples confirming that responsibility for the maintenance of utility networks is determined by the signed act of delineation of operational responsibility is the FAS VVO Resolution of March 21, 2011 in case No. A82-4853 / 2010. In this case, the court recovered the amount of damage from the HOA in favor of the RNO, guided by the act of delineation of operational responsibility, according to which the responsibility for the operation of the section of the networks, on which the accident occurred, was assigned to the HOA, and the RNO carried out repairs of this section at its own expense. It should be noted that the boundaries of operational responsibility and balance sheet ownership in the act were set not on the outer boundary of the MKD wall, but much further. In addition, these networks also served other apartment buildings that were not under the management of the HOA. At the same time, the arguments of the latter regarding the lack of ownership of this section of networks and the illegality of the specified act were rejected by the court, since the act was signed without comment by an authorized person, and the agreement contained a reference to this act. The HOA did not go to court with a claim to declare the act illegal. The court made such a decision due to the fact that the parties to the contract voluntarily determined the boundaries of liability accordingly.

In the Resolution of the FAS UO dated February 28, 2011 No. F09-443 / 11-C5, the court concluded that in the absence of an agreement between the parties on the determination of the boundaries of operational responsibility, the specified boundary should be established along the border of the balance sheet, that is, along the line of division of engineering systems between the owners on the basis of their being on the right of ownership, economic management or operational management.

In order to establish the ownership of the sections of engineering networks located outside the outer boundaries of the MKD, which are under the management of the MC, it is necessary to prove that these plots are on the balance sheet of the relevant organization or belong to the common property of the owners of the MKD. In the absence of such evidence, the boundaries of balance sheet ownership and operational responsibility are determined along the outer boundary of the MKD wall, and when installing a collective (common house) metering device, at the point of connection with the corresponding RSO network included in the MKD. This conclusion is confirmed by the Ruling of the Supreme Arbitration Court of the Russian Federation dated 09.02.2011 No. VAS-406/11.

In the Decree of the FAS VVO of 11.02.2011 in case No. A31-2407 / 2010, the court concluded that the collective (common house) metering device should be installed at the border of the networks that are part of the common property of the owners of premises in the MKD. When this metering device is installed not on the border of the specified networks and there is no evidence of the belonging of external power grids from the MKD to the metering device, the outer boundary of the MKD wall is considered the boundary of the balance sheet.

* * *

Summarizing what has been said, it should be noted that the supply points of utility resources (regardless of the presence or absence of a metering device) should be located on the border of the balance sheet, which runs along the border of the common property of the owners of premises in the apartment building. The border of operational responsibility runs along the border of the balance sheet, unless another border is agreed by the parties to the resource supply agreement in the corresponding act.

Mironova A.R.,