Do they have the right to cut off the light for debts? The management company turned off the lights. Ways to correct the situation

A management company or HOA is an intermediary between the organization providing electricity services and the residents of the house. It turns out that the management company is responsible for paying for electricity to the company that provides it, and the residents of an apartment building are responsible for paying to the management company. In order to understand whether the management company has the right to turn off energy for debts, you need to understand the terminology. In accordance with the law, restrictions, suspensions and shutdowns of power supply may be carried out. Restriction is the provision of limited traffic to the subscriber. For example, turning off the lights for several hours a day. Suspension implies a complete cessation of electricity supplies for an indefinite period, but the service contract is not terminated. Shutdown – cessation of electricity supply due to termination of the contract.

What the law says

As of 2018, the issue of electricity supply to citizens is regulated by two main bills:

Articles 539-548 of the Civil Code of the Russian Federation. Article 546 states that the power supply can be turned off or temporarily stopped only by agreement of the parties. But in fact, such an agreement is a contract for the supply of services concluded by the owner of a residential premises. There must be a clause stating that in case of non-payment, the debtor may turn off the lights. In addition, the same Article 546 states that before stopping the supply of electricity, the defaulter must receive an appropriate warning.
Government Resolution No. 354 of 2011, in particular Chapter 11, which specifies the specifics of restrictions and suspension of public services. Thus, paragraph 117 of the resolution states that in case of partial or complete non-payment of debts for utility services, the defaulter may have them suspended. The only thing is that the decree prohibits turning off the heating during the heating season and cold water, regardless of the time of year.

If housing and communal services are not paid on time, the management company must send the subscriber a notification about their possible limitation and (or) suspension. This can be done by means of a registered letter, by calling by phone (mobile or home) and recording the conversation, by printing the information on a housing and communal services form and sending it by mail, or by delivering the notification in person, against a signature.

If you ignore the requirements for payment for electricity, the management company has the right to turn it off

If, after 20 days from the date the debtor received the warning, payment has not been made, the chairman of the management company (homeowners' association) has the right to decide to limit the power supply to the residential premises. If after the next 10 days no payment has been made, the supply of electricity to the apartment may be suspended. In the event that there is no technical possibility to limit the power supply, the management company has the right to suspend the supply of services after 20 days from the date of receipt of the notification by the defaulter.

Paragraph 120 of the same resolution guarantees the debtor that in case of payment, the return connection of electricity will take place no later than 2 days from the moment it (payment) is received by the company.

The resolution prohibits limiting and suspending the supply of utilities if it affects other residents of the house who make timely payments for housing and communal services (does not apply to cases of emergency, planned, etc. outages).

That is, the HOA has the right to turn off electricity for rent arrears. Moreover, in this regard, all categories of citizens are equal before the law: disabled people, single mothers, pensioners, etc. Lights can be turned off for everyone for non-payment.

How long does it take for electricity to be cut off?

Among other things, Government Decree No. 354 specifies the minimum amount of debt at which the supply of electricity can be limited (suspended). But it is important to know under what debt the electricity in the apartment is turned off for non-payment. According to paragraph 118 of the mentioned Resolution, limitation (suspension) of electricity supply can occur if there is an existing debt of two average monthly payments, which should be calculated from the established standard for electricity consumption.

If the amount of the subscriber's debt is less than specified, the supply of services cannot be limited or suspended. In particular, if at the moment there is a daily restriction of power supply (switching off for several hours), and the citizen made a payment, which reduced the total amount of debt to a level lower than two average monthly norms, then this restriction should be removed and the power supply should be fully turned on. But if the service was legally suspended (the lights are turned off completely), it will be resumed only if the debt is fully repaid.

After a power outage, the meter is sealed, and removing the seal yourself is considered illegal

How does the shutdown happen?

After 30, and in some cases even 20 days, after the citizen receives a notice from the management board of the Criminal Code about the need to pay the debt, the service may be suspended. Power outages must be carried out by a qualified electrician. The presence of a company representative is required, who draws up an act of suspension of power supply. If the defaulter is currently at home, he is also invited to draw up a report. In this case, the debtor has the right to demand from the company representative a document confirming that he is an employee of the management company.

The procedure for drawing up the act is as follows:

type of change in the supply of services (restriction or suspension);
date and exact time of drawing up the act;
Full name of the apartment owner, his personal account number and house address;
step-by-step content of the procedure;
counter indicators;
reason for suspension of services.

During the preparation of the act by the representative of the management company, the electrician disconnects the meter from the network and seals it so that the debtor does not try to open the panel on his own and reconnect the meter. If the owner of the apartment is on site, he is asked to sign the document drawn up, but he has the right to refuse this, about which a corresponding note will be made.

What to do if there is a power outage

If the light was turned off properly (the subscriber was notified about this in advance and a report was drawn up), then the debtor has only one option - to deposit the required amount into the company’s account in order to return the supply of electricity to his home.

After making the payment, you should take the receipt and personally hand it to the management company. You don’t have to do this, but it will turn on the light faster. After confirmation of repayment of the debt by the subscriber, the management company is obliged to return the supply of services in full to the user within 2 days (this period is specified in Government Decree No. 354).

In case of illegal disconnection, a person has the right to file a complaint with higher authorities

If the disconnection occurred improperly, the subscriber can file a complaint against the company’s actions, and in addition, it is possible to force the management company to reimburse the cost of moral damage in court. In accordance with Article 546 of the Civil Code of the Russian Federation and Government Decree No. 354, it is not allowed to turn off the power supply without prior notice to the user. If a citizen has not received a notice from the Criminal Code about a possible suspension of electricity supply, he can:

Send a complaint to the head of the company.
Submit an application to the prosecutor's office.
Start legal proceedings in the case.

But the current practice is such that most often citizens deliberately avoid receiving notification of a possible suspension of the service. If this fact is proven, then the disconnected light will be reconnected to the subscriber only after full payment of the debt.

Beware, scammers

The Investigative Committee of the Russian Federation knows of several dozen cases where, under the guise of employees of a management company, fraudsters tried to “strip” money from citizens. One of the cases occurred in Moscow, when two men went to apartments in residential buildings and informed citizens about their debt. If the residents themselves were sure that they did not have any debts, they showed the receipts, after which the “employees of the management company” apologized and referred to the fact that the payment apparently had not yet reached them. For the rest, who doubted the existence of a debt trap, the men offered to pay on the spot or they would immediately turn off the power.

Such actions of fraudsters entail criminal liability, so citizens must be vigilant and always check their documents with the employees of the Criminal Code. In addition, members of the management company cannot demand that money be paid to them in person. A citizen is obliged to deposit funds into their current account and, in order to avoid surprises, keep receipts received.

Disconnection from utilities will be discussed in the video:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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Many people (especially unscrupulous utility payers) are interested in what is the procedure for cutting off electricity in compliance with the law in 2019. Can they be left without electricity without warning in advance? What are the grounds for turning off electricity if minor children live in the house? To answer all these questions, it is necessary to refer to the law governing the relationship between the apartment owner and service providers, which in our case will be housing and communal services, a management company, a housing association, energy sales, etc.

The main legislative act in this situation is, of course, Resolution No. 354, which was adopted by the Government of the Russian Federation in 2011 with amendments made to it. Also, the rules for the provision of utility services are prescribed in Resolution No. 307. But still, the main law that you need to focus on is Resolution No. 442. It does not develop rules in general terms for all utilities, but specifically for electricity supply. Currently, the total debt to housing and communal services employees is approximately 900 billion.

Almost a third of this amount is owed by ordinary citizens, the rest is on the conscience of legal entities and organizations. Accordingly, various methods of punishment are applied to defaulters in order to achieve fulfillment of their obligations. The law allows employees of organizations providing electricity supply to apartments to turn off the lights if there are late payments. But here the procedure for turning off the power must be followed, otherwise the law will define this action as a violation. And this is already a reason for you to complain where you should and demand compensation for moral damage.

For all questions related to solving public service problems, you can consult for free on our website with experienced lawyers using the feedback form.

In 2019, not a single person can imagine life without electricity. What can we say about large and small enterprises where all work will stop without electricity supply. And if an ordinary person may simply be inconvenient, then organizations will suffer a major loss. That is why the law establishes rules for informing consumers and determines the procedure for turning off the lights, violation of which is not permissible. According to the Civil Code, turning off electricity, even for non-payment, is impossible if an accident may occur as a result. The consumer must be previously acquainted with the intentions of the energy sales staff. Notification occurs by means of a written notification (for which you must sign) or by registered mail (via mail with a return receipt). Other methods will be considered invalid according to the 2019 law.

The debtor will receive such a notice if he does not pay for electricity for two full months, and further in the direction of increasing the debt. Once you have been made aware of your debt, you are given 20 days to get rid of the non-payment.

During this time, the electricity supplier may partially limit the supply of electricity. If you are not going to eliminate the non-payment, you will receive another warning, in the same order as the first. But then, after 3 days you will be left without electricity. The meter is sealed by energy sales specialists until the debt is fully repaid. If you are unable to pay off the entire amount at once, contact your home's electricity supplier for an installment plan. In general, you can find a civilized way out of any current situation. Especially if you have the opportunity to consult with competent lawyers at hand. You can do this on our website without financial costs.

Reasons for disconnection

The second appendix 442 of the resolution clearly sets out for us the grounds that, according to the law, are the reason for a complete or partial shutdown of electricity:

the agreement that was concluded between the energy sales company and the consumer;
failure by the consumer to fulfill his obligations (for non-payment, for lack of agreement on the supply of electricity, for illegal connection to the power line);
by order of Rospotrebnadzor (if it is determined that the power-receiving equipment does not meet safety standards);
as a result of eliminating emergency situations - in this case, the lights are turned off without prior notice. The most that can be expected is announcements in the media immediately before the shutdown or even after;
Carrying out scheduled maintenance or repair work at electrical utility facilities (according to the law, this procedure must be planned in advance and cannot be more than 72 hours per year and no more than 24 hours at a time).

These are the main reasons for legal shutdown of electricity, both for legal entities and individuals.

Otherwise, leaving you without light is punishable by law. You have the right to file a complaint. In this case, it is necessary to draw up an act on illegal power outages.

Structure of the act and notification

According to Resolution 442, the service provider in 2019, at the time of a power outage, must draw up a report on this action. It's called the Electricity Shutdown Act. There is no fixed mandatory form for this document; it is drawn up at the discretion of the authority responsible for depriving you of light.

But still, there are certain requirements for filling it out. The act must contain:

what kind of shutdown will be performed (partial or complete);
time and day of the actions performed;
description of the entire range of activities carried out by the service provider;
number of the electricity consumption meter;
recorded meter readings;
in case of incomplete shutdown, its input level;
if the shutdown was not carried out for some reason, these same reasons are also indicated.

If you have lost electricity for non-payment, a similar document also applies. The act is drawn up in three pieces, which are signed by both the electricity supplier and the consumer. If this document is not drawn up at all or is drawn up with errors, turning off the power will be illegal. And this is already a reason for you to write complaints and demand compensation for damage.

You also need to know what the notification should contain that you will be left without power for some time:

the name of the consumer (his personal account, the address at which the disconnection is carried out);
the reasons for which the whole procedure was started;
the approximate period that the user will live without light;
supplier's signature and details.

If electricity is deprived for non-payment, the amount of debt and methods of repayment must be stated.

How to connect back

First you will have to pay off all your debts. If this is not possible at the moment, feel free to go to your local energy sales office and ask for an installment plan. They don’t have the right to show you the turn from the gate. The installment period is half a year. After your application is accepted, you will receive a certificate confirming the solution of financial problems with arrears in payment for electricity. Then you go to the electricians, pay for the electricity connection (usually this amount does not exceed more than one thousand rubles). The next stage is waiting for specialists at home. There are deadlines and procedures for returning electricity after the consumer has resolved all his problems.

During the connection process, all previously installed seals are removed, and a report is drawn up again. Your light should appear within 24 hours after the debt has been repaid.

Accordingly, the resumption of power supply in the event of repairs or orders from supervisory authorities must be carried out immediately after completion of work or correction of detected problems (after liquidation of the emergency situation). If you have any problems with light suppliers, please contact our website consultants.

Lack of power supply causes discomfort to a person. If you have been warned about a limitation in the supply of a resource, the user can prepare: turn off complex electrical appliances, change plans, or go to relatives. It’s another matter when they were not notified of the shutdown. In the event of an accident, all that remains is to wait for it to be eliminated. If the reasons are different, then the consumer must determine the legality of the actions of the responsible company. An illegal power outage is recognized when the approved restriction procedure is violated.

Legal grounds for disconnection

The fulfillment of contractual obligations between the electricity supplier and the consumer is regulated Decree of the Government of the Russian Federation No. 442 of May 4, 2012. The document approves the rules for stopping power supply, as well as, which can be divided into three groups.

Termination of the agreement

By default, an electricity supply contract is concluded for an indefinite period, unless otherwise specified. The reasons for its termination are as follows:

Entering a restriction mode at the request of the consumer. For example, the owner does not want to pay for electricity in a room that no one uses. The user sends a request to the organization with which an agreement has been concluded for the supply of the resource. Within one day, it is transferred to the contractor, who will turn off the power supply.
The expiration of the temporary power supply scheme or the appearance of a reason for early disconnection from the network. This scheme is used mainly on construction sites and is valid for 12 months.
Termination of the agreement for the supply of resources by agreement of the parties. The restriction is introduced 3 business days after the service provider receives information about the termination of the contract.

Before terminating the contract, the consumer is obliged.

The need to carry out repair work or eliminate an accident

Power supply systems operate around the clock and require constant monitoring of their condition, as they are a high source of danger. Ensuring their normal operation and maintaining safety sometimes requires stopping the supply of resources; the need arises in the following cases:

Discovery by a supplier's representative of an unsatisfactory technological condition of the user's electrical installations, which increases the risk of an accident or threatens people's lives. The decision to disconnect is made by a representative of Rostechnadzor. Before entering the restriction mode, the subscriber is notified in advance.
Threat or emergency. The law does not regulate the time frame for eliminating the consequences. To minimize damage due to an accident, if the lack of electricity can cause serious and irreversible problems, an act of approval of technological and emergency armor is drawn up with the energy supply company. The document defines the minimum load value that ensures normal operation of electrical equipment.
Planned repairs. The terms and time of work are specified in the contract. Approved RF PP dated December 27, 2004 No. 861 “Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services” in paragraph 31 (6) set a limit on the permissible time limit of power supply: up to 24 hours at a time and no more than 3 days per year.

Timely detection and repair of faults contribute to continuous power supply.

Violation of obligations by the consumer

Unscrupulous consumers may find themselves without power supply by not fulfilling the terms of the contract or by breaking the law. Reasons for disconnection are:

The presence of a legal requirement of a bailiff to limit the supply of a resource. It is introduced immediately or on the day established in the court decision, of which the initiator is obliged to notify the consumer.
Detection of the fact of unauthorized connection to the network (non-contractual consumption). Disabling is carried out immediately or, if additional measures are required, no later than 3 days from the moment the violation is detected.
Unaccounted resource consumption (theft). Disconnection from the network is carried out as soon as information about a violation is received. No prior warning to the offender is required.
Availability for more than three months. The debt is calculated based on consumption standards, not meter readings. The restriction is introduced at the request of the resource provider with mandatory compliance with the legal order: notifying the subscriber of the applied sanctions 30 days in advance and drawing up an act on the day of deactivation. The document is drawn up in the presence of the debtor or two uninterested persons. Refusal to acknowledge a debt is not an obstacle to the application of sanctions.

IMPORTANT! If the consumer has eliminated the reasons for disconnection before the date specified in , the restriction regime does not apply to him.

You can notify about the disconnection in any available way: inform in person (by SMS, in a payment receipt, by letter with notification), publish a message on the company’s website or in the media.

If it is established that a consumer has violated the power supply limitation regime, the authorized company disconnects it from the network immediately.

According to clause 20 of the Rules for complete and (or) partial limitation of power consumption, approved by the RF Government on May 4, 2012 No. 442, measures to limit and connect the electricity supply are carried out on a paid basis. If the disconnection is declared illegal, the contractor has no right to demand compensation.

When disconnection is illegal

Disconnecting a consumer from the power grid is legally carried out in compliance with all rules. However, there are often situations when limiting the supply of electricity is illegal.

Housing and communal services do not have the right to turn off electricity for non-payment of utilities if there is no debt directly for electricity.
Shutting off in the presence of debt is impossible in winter in houses that, according to technical documentation, are heated by electrical appliances.
According to Art. 38 Federal Law “On Electric Power Industry”, Rotary limitation of electricity consumption mode is prohibited. This means that turning off the electricity to a defaulter should not affect the rights of his bona fide neighbors. The energy supply company is obliged to provide the ability to individually enter a power supply limitation mode.
Each subject of the Russian Federation annually, before July 1, establishes a list of electricity consumers whose lack of power supply will entail economic, social or environmental consequences. For example, the owner can provide a certificate of residence on the territory of a seriously ill person whose vital functions depend on devices connected to the network, or a small child who requires special nutrition.
The procedure for introducing a mode to limit the supply of electrical energy was violated.
Power outages for scheduled repairs occur frequently and exceed the permissible limitation time.
Power supply was not restored within 48 hours from the date of provision or its restructuring.

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

Responsibility for illegal shutdown

Liability for illegally limiting power supply depends on the extent of the damage caused. The subscriber has the right to demand compensation for moral and material compensation.

Administrative responsibility

Occurs in situations where shutdown without following a legal procedure has led to a malfunction of electrical equipment and is the cause of its breakdown.

Illegal actions of an official can be regarded as Art. 19.1 Code of Administrative Offenses of the Russian Federation as arbitrariness and be punished by an administrative fine.

If the lights are turned off frequently, then penalties may be applied to the organization or official responsible for supplying the resource. according to Art. 7.23 Code of Administrative Offenses of the Russian Federation for violation of standards for providing the population with public utilities.

Since the energy sales company is a natural monopolist in the energy market, illegal actions can be punished by imposing a fine on the responsible persons according to Art. 14.31 Code of Administrative Offenses “Abuse of a dominant position in the product market.”

Compensation for moral damage can be claimed by reference to Art. 15 Federal Law “On the Protection of Consumer Rights”. The law applies to situations where electricity is used for personal purposes.

Criminal liability

Illegal power outages may be regarded as arbitrariness and will be subject to prosecution. under Article 330 of the Criminal Code of the Russian Federation. The person responsible for interrupting the supply of electricity shall be fined or sentenced to correctional labor, arrest or imprisonment if violence was used or there was a threat of violence.

According to paragraph 1 of Art. 215.1 of the Criminal Code of the Russian Federation, e If the illegal shutdown caused major damage, serious harm to health or other consequences, the official will be punished with a fine, correctional labor or imprisonment.

If unlawful actions led to the death of a person, the proper person will be held accountable for clause 2 art. 215.1 of the Criminal Code of the Russian Federation. Possible penalties will be: forced labor with deprivation of the opportunity to work in a certain position or engage in certain activities, or imprisonment.

Where to complain

If it turns out that turning off the lights is illegal, you need to draw up 2 sample complaints in any form. It contains information about the consumer, the supply agreement, the date and time of the illegal disconnection and its consequences. The claim is sent to the supply company: management company, homeowners association, or directly to energy sales. 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 mail with notification or taken personally to the company’s office and submitted against signature. The answer should come within a month.

IMPORTANT! If damage occurs due to illegal switching off of lights, the supplier can be held liable by filing a claim in the district court.

In the claim, indicate the reasons why the actions to limit the supply of light were illegal, citing the relevant articles of the law, and the consequences of the lack of power supply.

The legislation of the country clearly defines the grounds and procedure for disconnecting electrical energy. Turning off the lights without warning or obvious reasons causes inconvenience and indignation on the part of the consumer. In these situations, the law sides with the citizen and gives him the opportunity to defend his rights in court.