Is it possible to use such water for cooking or to wash your face with it? Of course not. And if so, then there is no reason to pay for it. Few people know, but in the law of the Russian Federation there are norms and rules governing the quality of water entering houses; and, if you use them skillfully, you can really "clean" your plumbing.

The law is still written

With the adoption of the current Housing Code of the Russian Federation, the Government of Moscow approved the new Rules for the provision of utility services (hereinafter - UC) to citizens, which clearly indicate how the UC should be provided and how the fee should change if the service is of poor quality (Decree of the Government of the Russian Federation No. 307 dated 23.05 .2006 "On the procedure for the provision of public services to citizens").

Here, for example, are excerpts from the Decree that relate to the problem of poor-quality water:

“Cold water supply is round-the-clock provision of the consumer with cold drinking water of proper quality, supplied in the required volumes through the connected network to the dwelling or to the standpipe. Hot water supply - round-the-clock provision of the consumer with hot water of proper quality, supplied in the required volumes through the connected network to the dwelling.

As can be seen from clause 6 of the Rules, the water MUST still be of adequate quality. And item 7. of the same Rules indicates those who are responsible for the mode and quality of cold and hot water supply. These are resource-supplying organizations (Contractor).

At the same time, we, as Consumers, have rights that are clearly stated in paragraph 51:

Receive in the required volumes of CG of proper quality, safe for his life, health, not causing harm to his property;

Receive from the Contractor an act on non-provision or provision of CG of inadequate quality and on elimination of identified deficiencies in a timely manner;

Require the Contractor to compensate for losses and harm caused to the life, health or property of the Consumer due to failure to provide and provision of CG of inadequate quality, as well as moral damage in the manner and amount determined in accordance with the legislation of the Russian Federation.

For water - to fight!

And since we have rights, we need to learn how to defend them. AND first What each consumer must understand for this is that the composition and properties of water must ALWAYS comply with sanitary standards. Deviation from sanitary norms is not allowed. In case of non-compliance of the composition and properties of water with sanitary norms and rules, the payment is NOT PAYED for each day of provision of CU of inadequate quality (regardless of meter readings).

Second. In case of failure to provide the TC or provision of inadequate quality, YOU notify the emergency dispatch service (hereinafter referred to as ADS) of the contractor or another service specified by the contractor.

Third. You can notify ADS both in writing and orally (including by phone), all applications are subject to registration. At the same time, you are obliged to provide your full name, exact address of residence, as well as the type of GC not provided or provided of inadequate quality. The ADS employee is obliged to accept the application, report his full name, application number and the time of its receipt.

fourth. If the ADS employee knows the reasons for non-provision or provision of CG of inadequate quality, he is obliged to inform you about this and make a corresponding note in the application registration log. This mark is the basis for the recognition by the contractor of the fact of non-provision or provision of CG of inadequate quality.

Fifth. If the reasons for non-provision or provision of CG of inadequate quality are unknown, the ADS employee is obliged to agree with you on the exact time and date of establishing the fact of non-provision or verification of the quality of provision of CG. Based on the results of the check, an act is drawn up, which is signed by you and the contractor (or his representative).

sixth. If you and the contractor (or his representative) have not reached a unified decision on the quality of the provision of the CG, then a new time and date for assessing the quality of the provision of the CG are determined. A representative of the state housing inspectorate and a representative of Rospotrebnadzor are invited for evaluation. Based on the results of the re-assessment of the quality of providing the CG, an act is drawn up, which is signed by you and the contractor (or his representative).

The act indicates violations of quality parameters, the time and date of the start of non-provision or provision of CG of inadequate quality.

The date of commencement of non-provision or provision of CG of inadequate quality is considered:

A) the time when the consumer submits an application to the ADS;

b) the time specified in the primary act drawn up by the contractor - in the event that the contractor reveals the fact of providing the CG of inadequate quality.

And now, attention

The act drawn up and signed by both parties is the basis for recalculating the fee for the CU, as well as for paying the contractor a penalty for violation of its obligations in the amount established by federal laws and the contract.

An act on non-provision or provision of CG of inadequate quality or an act on causing damage to life, health and YOUR property or persons cohabiting with you is drawn up in 2 copies, one of which remains with you, the second - with the contractor.

The period for the provision of public services of inadequate quality is considered to be over:

A) from the date of signing by YOU of the act on elimination of shortcomings in the provision of CG;

b) from the moment of resuming the provision of CU of proper quality, recorded by the relevant metering device.

At the same time, the contractor bears the responsibility established by the legislation of the Russian Federation for violating the quality and procedure for providing the CG, which means that YOU have the right to demand that the contractor pay a penalty (fines, penalties) in accordance with consumer protection legislation.

* Anna Nikolaeva - lawyer, specialist in civil law.

We open the tap, and rusty water flows out of it? The situation is, to put it mildly, unpleasant, because we need water for cooking, washing, washing. But what is there to explain: water is vital for us! For low-quality water, demand a recalculation!

What should be the water from the tap?

What to do if there is a suspicion that the water does not meet the standards?

If you think that water of inadequate quality is supplied to your apartment, you can, at your discretion, either contact the management company or immediately complain about the actions of the Criminal Code to Rospotrebnadzor. Often the management company refuses to check the quality of the water, so it is more efficient to immediately complain about the Criminal Code to Rospotrebnadzor.

WAY #1. WE CHECK THE WATER QUALITY BY THE MANAGEMENT COMPANY

Step #1. Reporting a violation

A report about a violation of the quality of a utility service can be made by the consumer in writing or orally (including by phone) to the emergency dispatch service. It must be registered (with your name, address and issue). Be sure to specify the name of the employee who accepted the application, the number and time of its registration. If you are applying
in writing, be sure to require a mark on the acceptance of the application on your copy with the exact time of receipt.
In the event that the service employee knows the reasons for the violation of the quality of the utility service, he is obliged to immediately inform you about this and make an appropriate note in the message log or on your application. If the reasons are not established, the date and time of the verification of the fact of violation of the quality of the utility service must be agreed with you. An employee of the emergency dispatch service independently informs the organization servicing your home (management company) immediately about your appeal on the fact of a violation of the quality of the service. Already an employee of the management company or a resource-supplying organization determines, together with the consumer of the service, the date and time of the inspection.

Step #2. We draw up an act

After checking the water quality, the specialist of the management company draws up an inspection report in at least two copies (according to the number of interested parties). It must be signed by a representative of the management company and consumers (you and your neighbors). One copy of the act remains with you, the second is taken by a representative of the management company.
The act must specify:

• address,
• date and time of the check
• visual and other external signs of poor-quality water are present (color, smell, lack of transparency).

If the specialist of the Criminal Code, when drawing up the act, concludes that the water in your apartment is suitable for consumption, and you categorically disagree with it, then insist on an examination. The management company is obliged to appoint an examination and conduct it at its own expense.

At the same time, the act states:

• who initiated the examination,
• in which container the water sample is filled,
• in what terms, where and by which participant in the check the sample selected for examination is transferred,
• meter readings.

The expert opinion is subsequently attached to the inspection report. If no one is in favor of an examination, but there is a dispute about the quality of water, then a re-inspection is scheduled, but in the presence of specialists from the State Housing Inspectorate and a representative of a public association of consumers.

Upon completion of the check, an act must be drawn up, which indicates that water samples have been taken to be sent to the laboratory in order to obtain a conclusion on the compliance of water quality with sanitary standards.

Make sure that the act on the provision of low-quality services must indicate violations of the quality parameters, the time and date of the start of the provision of the utility service in the form in which it does not suit you.

Step #3. We need a recalculation!

The drawn up act, as well as the expert’s opinion on the non-compliance of water with the current sanitary standards (if the representative of the management company refuses to recognize the service as poor quality) are documents on the basis of which you, as a consumer, can demand a recalculation from the management company. By law, it must be done within a month from the date of signing the act.

Remember: without filing a request for recalculation of the Criminal Code, such a recalculation is not required to be done!

PATH №2. WE CHECK THE WATER QUALITY BY COMPLAINTING THE ROSPOTREBNADZOR
Step #1. We complain about the management company in Rospotrebnadzor -

Send a completed application to Rospotrebnadzor - attaching an act on the provision of poor-quality services.

The owner of housing in an apartment building has every right to complain about dirty water immediately to Rospotrebnadzor, bypassing the management company. In this case, if the supervisory authority reveals violations, the management company will be held administratively liable.
For verification, employees of Rospotrebnadzor must go to the place with the following documents:
- a certificate confirming that the person is a representative of this organization;
- a document confirming the need for verification, with the signature and seal of the manager. At the same time, it is very important that the verification is carried out by the person indicated in the accompanying document with a seal. This employee of the department, most likely, will make a selection of water for an examination.
The terms of the audit cannot be more than one month. However, if there are good reasons for this organization, the verification period may be extended for another month.
Upon completion of the inspection, employees of Rospotrebnadzor must draw up an act, where all the results of the inspection must be entered and an expert opinion on water quality must be attached. If violations are found, an inspection protocol is added to the drawn up act. Further, Rospotrebnadzor holds the perpetrators accountable - this can be both a management company and a resource supply organization, which, in turn, are obliged to eliminate violations. If this does not happen for a long period, then you can re-call a representative of Rospotrebnadzor to draw up a second
an act confirming the provision of low-quality services. And in any case, you will demand recalculation from the management company or the resource supplying organization.

Step #2. We achieve recalculation
If Rospotrebnadzor reveals that the water entering the apartment does not meet quality standards, the owner may require a recalculation.
To do this, you must submit an application to the management company with a request to recalculate, attaching a copy of the answer from Rospotrebnadzor.

Without filing a request for recalculation of the Criminal Code and RO, such a recalculation is not required! Recalculation must be made within a month after the application is submitted.

If the recalculation is not done

If Rospotrebnadzor discovered violations of the quality of the water provided, issued instructions to the Criminal Code to eliminate the violations, but water of inadequate quality continues to flow from the tap, or the management company did not recalculate after submitting your application, you must submit application to the State Housing Inspectorate.

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The provision of utilities in accordance with the Civil Code of the Russian Federation must be carried out on the basis of an agreement, which can be concluded both in writing and by the consumer taking actions indicating his intention to consume utilities or the actual consumption of such services (conclusive actions). Most often, the conclusion of an agreement in this way (use of the resource, its monthly payment) occurs in relation to the services of cold and hot water supply, which will be discussed in this material.

Quality standards for cold water supply (drinking water)

Cold water supply is understood as round-the-clock uninterrupted provision of the consumer with drinking water of proper quality.

Drinking water should be supplied in the required volumes:

• through centralized networks of cold water supply and in-house engineering systems at home,
• to the water column in the case when the MKD or residential building is not equipped with the appropriate systems.

For drinking water supplied through centralized water supply networks, SanPiN 2.1.4.1074-01 applies. 2.1.4. Drinking water and water supply of populated areas. Drinking water. Hygienic requirements for water quality of centralized drinking water supply systems. Quality control. Hygienic requirements for ensuring the safety of hot water supply systems. Sanitary and epidemiological rules and regulations put into effect by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated September 26, 2001 No. 24.

In addition, the pressure of cold water at the entrance to the house must comply with the norms of SNiP 2.04.02-84 “Water supply. External networks and structures”, approved by the Decree of the USSR Gosstroy of July 27, 1984 No. 123, which stipulates that the pressure of cold water at the inlet to a nine-story building should be 4.2 kgf / sq. cm.

Hot water quality standards

For hot water supplied to the population only through the connected network, such standards are established by SanPiN 2.1.4.2496-09. Hygienic requirements for ensuring the safety of hot water supply systems. Amendment to SanPiN 2.1.4.1074-01. Sanitary and epidemiological rules and norms approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated April 7, 2009 No. 20.

These SanPiN established that the temperature of hot water at the points of water intake, regardless of the heat supply system used, should not be lower than 60 ° C and not higher than 75 ° C.

Poor water supply services

For cold water supply, such cases include the following:

• low pressure of cold water in the network, which is why the water in the tap barely “runs”,
• non-compliance of cold water with safety requirements, most often this is a decrease in water quality in terms of hardness (“hard water”) and others.

For hot water supply, these are mainly cases of non-compliance with the legally established temperature regime.

Permissible deviations in the quality of cold and hot water supply and breaks

According to Appendix No. 1 to the Rules for the provision of public services, a one-time 4-hour break in the supply of cold water is not a violation, which does not entail a change in the amount of the fee.

However, if such a break is more than 4 hours, then for each hour of excess, the monthly fee will be reduced by 0.15% of the fee determined based on the readings of the water meter or consumption standards (if the water meter is not installed in the apartment) .

With regard to hot water supply, I note that in clause 5 of Appendix No. 1 to the Rules for the provision of public services, the permissible deviation of the actual temperature of hot water at the draw-off point from the established one was established: such a deviation at night (from 0.00 to 5.00 hours) - no more than 5 ° С ; in the daytime (from 5.00 to 0.00 hours) - no more than 3°С.

However, by the Decision of the Supreme Court of the Russian Federation dated May 31, 2013 No. AKPI13-394, these provisions were recognized as partially invalid.

As the applicant pointed out, these norms made it possible to reduce the temperature of hot water in hot water supply systems at draw-off points below 60°C, which contradicts SanPiN. Thus, the danger of hot water contamination by infectious pathogens that can multiply at temperatures below 60 ° C is allowed, which contradicts Articles 19 and 39 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population", significantly increases the risk of infection and violates the right to health care.

The Supreme Court of the Russian Federation declared such norms invalid to the extent that they allow them to be applied in certain cases - situations that are not related to the conditions and procedure for changing the amount of payment when providing a utility service of inadequate quality are implied.

As the Supreme Court of the Russian Federation explained, SanPiN 2.1.4.2496-09 establishes hygienic requirements for water quality and organization of centralized hot water supply systems, as well as rules for monitoring this quality.

Based on these SanPiN, the temperature of hot water at the points of water intake, regardless of the heat supply system used, should not be lower than 60 ° C and not higher than 75 ° C.

Meanwhile, the contested provisions of the Rules for the Provision of Public Services establish limits that actually allow deviating from the specified temperature regime prescribed by SanPiN. Such application of the norms is illegal and entails their recognition as invalid in this interpretation. Thus, as the Supreme Court of the Russian Federation pointed out, these provisions of the Rules can only be applied for the purpose of changing the amount of payment for the provision of communal services for hot water supply of inadequate quality.

Litigation

The most common litigation arises over the lack of the necessary cold water pressure - low pressure, but the reasons for this can be very different: the UK or the HOA may be to blame if they do not monitor the condition of the water supply engineering networks, or the RSO may also be to blame, if the water pressure is already low at the entrance to the residential building.

The absence of the necessary pressure in general can be caused by illegal actions of third parties. I will give one example from judicial practice.

The plaintiffs, the owners of the apartments, filed a lawsuit against the LLC and the individual entrepreneur, indicating that in May 2010, during the overhaul of the house, an illegal connection of the Kazachiy department store to the general house cold water supply networks was discovered without the consent of the owners, and the technical specifications issued by the RSO (MUP "VKH") department store "Kazachiy", in their opinion, are illegal.

As a result of the illegal connection, the rights of the plaintiffs were violated, expressed in the absence of pressure pressure of cold and hot water supply in the apartments, therefore the plaintiffs asked to disconnect the defendant from the common house engineering networks of cold water supply.