An act to establish boundaries of service and responsibility. Disputes regarding the definition of the boundaries of utility networks of the mkd. If the agreement with RSO establishes network boundaries not according to the law

In order to reduce losses on networks, RSO strives to establish the 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 method for legally determining delivery points and the boundaries of operational responsibilities of the parties.

Concepts and regulations.

To begin with, we will determine what is the point of delivery and the boundary of operational responsibility for each type of resource in accordance with current legislation.

The most complete picture of these categories can be formed on the basis of legislative acts regulating the delivery procedure electrical energy. Thus, the definition of the delivery point is contained in the Electric Power Industry Rules, approved by Decree of the Government of the Russian Federation dated August 31, 2006 No. 530. This is a place in the electrical network located on the border of the balance sheet ownership of the power receiving devices of the buyer of electrical energy or the person in whose interests he is purchasing it, and is the place fulfillment of the obligation to supply electricity, used to determine the volume of mutual obligations of retail market entities.

As can be seen from this definition, the delivery point is located on the border of the balance sheet, which, in accordance with the Rules of access to services for the transmission of electrical energy, approved by Decree of the Government of the Russian Federation of December 27, 2004 No. 861, is the line of division of electric power facilities between owners on the basis of ownership or possession on another provided federal laws law, defining the boundary of operational responsibility between the network organization and the consumer of transmission services (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 electrical networks - a document drawn up in the process of technological connection of power receiving devices of individuals and legal entities to electrical networks.

The limits of responsibility of the parties for the operation of the relevant power receiving devices and power grid facilities are established by the act of delimiting the operational responsibilities of the parties, drawn up by the network organization and the consumer of electric energy transmission services in the process of technological connection of power receiving devices.

The Rules for the Use of Public Water Supply and Sewerage Systems, approved by Decree of the Government of the Russian Federation of February 12, 1999 No. 167, also contain the concepts of boundaries of balance sheet ownership and operational responsibility. In particular, the line of division of elements of water supply and (or) sewerage systems and structures on them between owners on the basis of ownership, economic management or operational management is called the boundary of balance sheet ownership. The boundary of operational responsibility is the line dividing 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 boundary of operational responsibility is determined by the boundary of the balance sheet.

In paragraph 5 of Art. 15 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” (hereinafter referred to as the Heat Supply Law) 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 ownership of the heat consuming installation or the consumer’s heat network and the heat network heat supply or heating network organization or at the point of connection to an ownerless heating network.

Subclause 3 of clause 4 of Art. 17 of the Law on Heat Supply establishes that the responsibility of the heating network and heat supply organizations for the condition and maintenance of heating network facilities is determined by the balance sheet boundary fixed in the act on delimiting the balance sheet ownership of heating networks and the act on delimiting the operational responsibilities of the parties (in the appendices to such an agreement).

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

The point of metering of thermal energy and coolant 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 thermal energy and coolant are established for the purposes of commercial accounting (Clause 24 of Article 2 of the Heat Supply Law) .

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 of July 21, 2008 No. 549. Gas supply is considered to be the fulfillment by the gas supplier of obligations arising from the contract, expressed in the performance of a set of actions ensuring the supply of natural gas along the gas distribution network or liquefied hydrocarbon gas from a tank or group cylinder installation to the boundary of ownership of gas distribution (connected) networks, determined in the prescribed manner. In turn, to the intra-house gas equipment includes gas pipelines of an apartment building (ABC) or a residential building connected to a gas distribution network or a tank (group) cylinder installation, providing gas supply to the connection point 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 balance sheet boundary, which is the boundary of the division of property, determines the boundary of operational responsibility, as well as the point of delivery of the utility resource (metering point at which the corresponding device is installed). At the same time, the boundary of operational responsibility presupposes a dividing line based on the imposition of the burden of maintaining the relevant engineering communications and generally runs along the line of balance sheet ownership, however, the parties to the contract may agree on a different line of operational responsibility.

Composition of the common property of premises owners in apartment buildings.

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 utility networks. Therefore, it is necessary to determine where these boundaries lie.

Due to the fact that the management company enters into contracts with the RSO and acquires the appropriate resources in order to provide public services to citizens, the provisions of the Housing Code of the Russian Federation, 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 the management agreement for an apartment building, the management company undertakes to provide services and perform work for the proper maintenance and repair of common property in such a building and to provide utilities to the owners of premises in the building. 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 utility 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, the owners of premises in apartment buildings own, by right of common shared ownership, premises in the house that are not parts of apartments and are intended to serve more than one room in a given house, including basements in which there are utilities, roofs, enclosing load-bearing and non-load-bearing structures home, 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 landscaping and other equipment intended for the maintenance, operation and improvement of this house objects located on the specified plot of land.

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

Consequently, by accepting the management of an apartment building, the management company undertakes to ensure the supply of utility resources, the volume of which is determined by meter readings, as well as the proper operation of all of the above-mentioned common property of the owners of premises in the apartment building. To determine the point of delivery of the corresponding utility resource in the MKD, it is necessary to determine in what place the metering device should be installed, and also answer the question of where the line of operational responsibility lies and the point of delivery of the resource in the absence of a metering device.

In accordance with clause 3 of the Rules for the provision of utility services, a collective (common house) metering device is a measuring instrument used to determine the volume (quantity) of utility resources supplied to the apartment building.

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

Clause 3 of the Rules for the Provision of Public Utilities defines that in-house engineering systems include engineering communications and equipment intended for the provision of public services and located on the premises of an apartment building or in a residential building.

From paragraphs 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 electricity supply, as well as collective (common house) metering devices are included in the common property of premises owners.

According to clause 8 of the Rules for the maintenance of common property, the outer boundary of electricity, heat, water supply and sewerage networks, information and telecommunication networks (including wired 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 wall of the apartment building (unless otherwise established by the legislation of the Russian Federation), and the limit of operational responsibility in the presence of a collective (common house) metering device for the corresponding communal resource is the place of connection of the collective (common house) metering device with the corresponding engineering network included in the apartment building (unless otherwise established by agreement between the owners of the premises and the utility service provider or RSO).

From the totality of the above norms it follows that the point of delivery of the corresponding communal resource and the boundary of operational responsibility is the external border of the networks that are part of the common property of the owners. By general rule this boundary, in the absence of a collective (common house) metering device, is considered to be the outer boundary of the wall of the apartment building, and if it is present, the point of connection of the collective (common house) metering device with the corresponding DSO network included in the apartment building.

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

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 apartment building is located, with elements of landscaping and improvement, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot. 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 delimitation of balance sheet ownership and operational responsibility.

Due to the fact that the established boundaries of operational responsibility determine which areas of engineering equipment the management company will service, in order to avoid disputes during the execution of the contract between the RSO and the management company, acts delineating balance sheet ownership and operational responsibility must be signed. The following must be taken into account.

Clause 7 of the Decree of the Government of the Russian Federation dated August 13, 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 sewerage, as well as areas of public easements in within residential areas, microdistricts to ensure unhindered servicing of the specified property, are established by local governments.

Thus, for each apartment building, local authorities must determine the boundaries of the land plot that belongs to the common property of the house. The boundaries of the land plot that is part of the common property of the MKD determine the boundaries of balance sheet ownership and operational responsibility, which must be recorded in the act between the management company and the RSO. Accordingly, if the boundaries of a land plot are larger than the area of the apartment building, the maintenance of engineering communications passing through this land plot is assigned to the management company on the basis of a management agreement.

Ownerless utility networks.

Unfortunately, in practice there are often cases when utility networks are not within the area of responsibility of either party to the resource supply agreement, that is, they are ownerless. In this case, who should maintain these networks and pay for the loss of utility resources in them?

Clause 4 of Art. 8 of the Law on Heat Supply defines: if organizations carrying out regulated types of activities in the field of heat supply operate heating networks, the owner or other legal owner of which has not been identified (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 the event of identification of ownerless heating networks (heating networks that do not have an operating organization), the local government body of a settlement or urban district, before recognizing the ownership of the specified heating networks, within 30 days from the date of their identification, is obliged to determine the heating network organization whose heating networks 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 regulatory authority must include the costs of maintenance and servicing of ownerless heating networks in the tariffs of the relevant organization for the next regulatory period.

According to clause 55.1 of the Guidelines for calculating regulated tariffs and prices for electric (heat) energy in the retail (consumer) market, approved by Order of the Federal Tariff Service dated 08/06/2004 No. 20-e/2 (as amended by the Order dated 07/31/2007 No. 138-e/6), if the costs of operating ownerless networks are not taken into account when setting tariffs, the consumer of electrical energy connected to ownerless networks pays for losses of electrical energy in these networks in proportion to his actual power consumption.

Thus, if the section of networks between the wall of the MKD and the networks of the RSO is ownerless, when setting the tariff for the RSO, the Federal Tariff Service must include the costs of maintenance, repair and operation of this section of the networks. Until the costs of operating an ownerless section of the network are included in the tariff, energy losses in this section must be paid by the management company in proportion to actual consumption. In particular, in the Resolution of the Federal Antimonopoly Service of the Moscow Region dated January 11, 2011 No. KG-A41/14529-10, the court came to the conclusion that the consumer is obliged to pay the cost of thermal energy losses in an ownerless section of the heating network in proportion to the actual consumption by other consumers. But at the same time, the responsibility for operating and incurring costs for these networks arises with the RSO.

Boundaries of operational responsibility: arbitration practice.

One example confirming that responsibility for the maintenance of utility networks is determined by a signed act of delimitation of operational responsibility is the Resolution of the Federal Antimonopoly Service of the Eastern Military District dated 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 RSO, guided by the act of delimitation of operational responsibility, according to which responsibility for the operation of the network section where the accident occurred was assigned to the HOA, and the RSO 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 established not on the outer boundary of the wall of the apartment building, but much further. In addition, these networks provided service to other apartment buildings that were not under the control of the HOA. At the same time, the latter’s arguments regarding the ownerlessness of this section of the networks and the illegality of this act were rejected by the court, since the act was signed without comments by an authorized person, and the contract contained a reference to this act. The HOA did not go to court with a claim to declare the act illegal. The court made this decision due to the fact that the parties to the contract voluntarily determined the limits of liability accordingly.

In the Resolution of the FAS UO dated February 28, 2011 No. F09-443/11-S5, the court came to the conclusion that in the absence of an agreement between the parties on determining the boundaries of operational responsibility, the specified boundary must be established along the line of balance sheet ownership, that is, along the line of division of engineering systems between the owners based on their ownership, economic management or operational management.

In order to establish the ownership of sections of utility networks located outside the external boundaries of the apartment building, which are managed by the management company, it is necessary to prove that these areas are on the balance sheet of the relevant organization or belong to the common property of the owners of the apartment building. In the absence of such evidence, the boundaries of balance sheet ownership and operational responsibility are determined along the outer boundary of the wall of the apartment building, and when installing a collective (common house) metering device - at the point of connection with the corresponding network of the distribution network included in the apartment building. This conclusion is confirmed by the Determination of the Supreme Arbitration Court of the Russian Federation dated 02/09/2011 No. VAS-406/11.

In the Resolution of the Federal Antimonopoly Service of the Eastern Military District dated 02/11/2011 in case No. A31-2407/2010, the court concluded that a collective (common house) metering device must be installed at the border of the networks that are part of the common property of the owners of premises in the apartment building. If this metering device is not installed on the border of the specified networks and there is no evidence of the ownership of external electrical networks from the apartment building to the metering device, the outer boundary of the wall of the apartment building is considered to be the boundary of balance sheet ownership.

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To summarize what has been said, it should be noted that the points of supply of utility resources (regardless of the presence or absence of a metering device) must 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 boundary of operational responsibility runs along the boundary of the balance sheet, unless another boundary is agreed upon by the parties to the resource supply agreement in the relevant act.

Mironova A. R.,

Any building, without a certain internal filling and all those housing and communal services without which we now cannot imagine our lives, is in itself something like an empty box. It doesn’t matter whether it’s an apartment building or a private mansion, a manufacturing plant 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: management companies (management companies), HOA (Home Owners Association) and others commercial organizations. They bear the responsibility to conclude on behalf of the owners square meters of this house with resource supply companies, agreements on the supply of certain services. It should be noted that resources do not appear out of nowhere, but come through pipes, wires, etc. It seems simple, but when these supply lines break down, the question arises as to who should be responsible for repairing them.

The act of demarcation and responsibility

According to the norms civil law Russian Federation, determining responsibility for the preservation and operation of supply routes for housing and communal services can only be done by familiarizing yourself with the information contained in the act of delimiting balance sheet ownership and operational responsibility. In order to understand this legal concept, first you need to expand on the auxiliary terms:

Boundary Rules

At modern technologies Finding the approximate content of a particular normative act is not a problem. The corresponding thematic sites are filled with samples of the necessary documents.

Table of engineering systems and responsibilities of the parties

Name of engineering systems	System parameters	Description of the Lessor's operational responsibilities	Description of the Tenant's operational responsibilities
Forced ventilation	Min1600-max 5700 m3/h	Before the air supply ducts exit from the ventilation shafts and from the walls of the building into the Tenant’s premises
Exhaust ventilation	Min 1500- max 5500 m3/h	Before the air ducts of the exhaust units exit the ventilation shafts and from the walls of the building into the Tenant’s premises	Ventilation equipment and air ducts in the Tenant’s premises
Power supply system	Allocated power Rust. - 55 kW	To the cable lugs of outgoing lines at the points of their connection to the load block of the floor distribution board	From the cable lugs of outgoing lines at the points of their connection to the load block of the floor distribution board
Cold water supply system, etc.

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

What is this - the boundary of operational responsibility? For the operation of any institutions, contracts for water, heat and energy supply are concluded. The terms of these contracts are such that subscribers receive a service for a fee, and therefore are obliged to maintain all networks in good condition. Where is the very boundary of operational responsibility?

What is regulated

Since misunderstandings often arise between resource supply organizations and management companies regarding operational responsibility, a government decree was adopted. For example, in paragraph 1 of the Rules for Sewage and Water Supply of the same resolution, all concepts of the boundaries of operational responsibility are spelled out as clearly as possible.

According to the document, this boundary is the property division boundary. What does it mean? The property division boundary becomes the basis for determining the boundary of operational responsibility, that is, using this method it is possible to determine who will bear the burden of maintaining the facility: the owners, the management company or resource supply organizations. This rule applies to all utilities.

Let's look at each in more detail.

Electricity supply

If we talk about energy supply, then the boundary of the operational responsibility and balance sheet responsibility of the RSO passes until the connection point of the common building metering device is connected to the electrical network included in the multi-story building.

It turns out that responsibility management company considered to be an in-house supply system and electrical devices that disconnect devices for the apartment.

Residents apartment buildings also has its own responsibility - these are in-house devices and devices after disconnecting devices in meters, floor accounts and apartments.

Heat supply

In order to determine the boundary of operational responsibility and balance sheet responsibility, the following principles must be observed: resource supply organizations are responsible for the heating network until the point of connection between the common house appliance and the heating network entering the house is reached. The management company, in turn, is responsible for the shut-off devices on the riser branches, the heating system risers themselves, as well as for the shut-off and control valves that are located on the intra-apartment wiring.

As for residents, the limit of operational responsibility of heating networks begins inside the apartment. They are responsible for the branches of the heating system risers after the shut-off and control frame and heating devices.

Water supply

What is the limit of operational responsibility of water supply networks? In this case, the RSO is responsible to the point of connection between the common building metering device and the water supply network, which is included in the apartment building. The management company must monitor the condition of the cold and hot water supply risers, shut-off devices on the hoses, as well as the condition of the shut-off and control frame of the internal wiring itself.

Important nuance

In the agreement (act) of the boundaries of balance sheet and operational responsibility, as a rule, utility networks related to common property and other utility networks are separated. For this reason, it is important to understand what directly relates to common property:

Premises of an apartment building that are not considered part of the apartments. They must be designed for more than one room. And it doesn’t matter whether the premises are residential or not.
Engineering systems for gas supply, cold and hot water supply, electricity supply and heating inside the apartment building.

The boundaries of operational responsibility of water supply networks or any other are divided into internal and external. The latter divide the spheres of authority of the management company and the resource-providing organization. Internal boundaries regulate issues between the owners and the management company. Let's talk about this topic in more detail.

External boundaries

When we talk about a situation in which the external boundaries of utility networks included in the property are affected multi-storey building, then, in accordance with the law, the boundary of the division of operational responsibility between the management company and the resource-providing organization will be the external wall of the building. If the house has a communal metering device for any resource, then such a boundary will be the junction of the sensor and the utility network that is included in the apartment building.

Quite often, the line of operational responsibility of the parties does not follow the standard plan. In such a situation, the responsible area of the house management company becomes that part of the engineering network that is located outside the external wall of the house, although it should belong to the area of responsibility of the resource supplying organization. How will the issue be resolved in this case? After all, the content of the fragment will be accompanied by large losses. For this reason, when signing a deed of division of responsibility, you need to read it very carefully.

Another controversial situation is the moment when the line of responsibility passes through the external valve. This happens if the external section of the utility network belongs to the property of a multi-story building. In this case, RSO technically services the network at the tariff approved for the owners of the apartment building. Then the responsibility of the management company is to offer an acceptable tariff for the owners. Any types of repairs, especially emergency ones, are carried out at the expense of the resource supply organization.

Separately about gas

It is worth saying a few words about the outer limit of the balance sheet ownership and operational responsibility of the gas pipeline. In all other resources, the border is in one place, but not in the case of gas supply networks. In such a situation, the very border between the management company and the resource supply organization is located at the junction of the first locking device with the external gas network.

Regulatory document

To avoid problems with defining the boundaries of responsibility, all parties sign an act on the boundaries of balance sheet and operational responsibility. The document specifies the network layout plan and the area of responsibility of each party.

Proper coordination of boundaries is of particular importance, because if this is done incorrectly, then fabulous sums will be spent on building maintenance. For example, as evidence in cases of debt collection for payment of electrical energy that was lost during transmission, it can only be used if certain circumstances are established:

The fact of energy flow through electrical networks.
Ownership of electric grid facilities and the boundaries of balance sheet ownership.
Methods for recording energy volumes both at output and at input.
The amount of electricity that left the network.
The amount of energy that entered the network.
The difference between two values, which is the lost value.
Debts to pay. It is calculated as the difference between the electricity payment made and the energy lost.

Ownerless networks

How to establish a boundary/delimitation of operational responsibility if utility networks do not belong to anyone? How does this happen? It’s very simple: such networks are not listed either on the balance sheet of the RSO or on the balance sheet of the management company. In addition, they are not included in the common property. As a rule, these networks are transferred to municipal ownership. In this case, local authorities must find a resource supply company within a month whose networks are connected to no one’s network.

After that federal Service will include the costs of maintaining the network in the RSO tariff structure for further management. If for some reason this was not done, then all costs fall on the management company. This includes both loss of electricity and repairs on site.

Internal boundaries

The boundaries of the operational responsibility of a sewerage system or other network, in addition to external ones, can also be internal. These boundaries are drawn between the owners and the management company. So, the determination of the internal boundaries of operational responsibility must be carried out according to the law. And the last one says the following:

The boundary is determined by the valves on the heating pipeline connections to the radiator in the apartment. If there is nothing like that, then the section goes according to threaded connection radiator plug. This applies to the heating network.
For hot and cold water supply, the boundary will be the valve at the point where the pipeline drains from the riser. If it is missing, then such a place will be a weld in the same place.
In drainage, the boundary passes along a cross, tee or branch on the pipeline riser.
As for the power supply, the boundary in this case is the connection point between the wire coming from the apartment and the electricity meter, RCD, and circuit breaker.

The limit of operational responsibility of the owner and management company is the inner surface of the apartment walls, front door and windows. All enclosing load-bearing structures, collective parking lots, playgrounds and other land plots that are located near the house, corridors, landings, attics, roofs and elevators belong to the responsible area of the management company.

Arbitrage practice

It has already been said above that it is important to correctly draw up an act of boundaries of operational responsibility. The importance of this is demonstrated by an example from judicial practice.

One day, the management company filed a lawsuit with a request to declare the terms of the energy supply contract invalid. The management company also wanted the heating networks to move into the area of responsibility of the resource supplying organization. The court, on the basis of regulations and the boundary act, rejected the claim. The reason for this was the content of the agreement, in which the management company took over the section of the networks that was being investigated.

But it doesn't always happen this way. The court often applies other decisions, especially if the boundaries of the balance sheet in the act itself are marked differently than on the outer wall of the apartment building or at the place where the accounting device is installed. In such a situation, the act of balance sheet ownership is not valid.

If an act of delimitation of responsibility has not been drawn up between the parties, then, as a rule, the court decides to draw the line of operational responsibility along the balance line. Simply put, in this case the border passes along the line of separation of utility networks.

Drawing up an act

If this agreement establishes zones of operational responsibility, this does not mean that after the expiration of the document, it is impossible, in accordance with the objections of the parties, to change those same zones. To do this, you will need to draw up a new document. As a rule, this is done by the company that supplies something.

If the resource supply company does not show initiative, then certain documents are sent to it:

Extract from USRIN ( Single register real estate). It is needed to confirm proprietary rights.
A copy of the building permit. It must comply with Article 51 of the Urban Planning Code of our country.
A copy of the act of putting into use. It must also be drawn up in accordance with the requirements of the Town Planning Code (Article 55).

After the package of documents is sent, the management company will receive an act of delimitation of operational and balance sheet responsibilities.

The document must contain the following information:

Name and details of the paper.
The main part contains the details of the recipient, supplier, specifications and location of the facility, communications scheme.
The last part defines the responsibilities of the parties. It is necessary to take this issue seriously and clearly delineate responsibilities in order to avoid controversial situations in the future.

It is important to remember that the document does not have a specific form; it just needs to list all the main points. You also don’t need any special form.

The document is always prepared in triplicate. One is received by the consumer, the second by the controlling organization, and the third by the supplier. Although formally the three parties share the boundaries of responsibility, the document is signed only by the management company and the resource supply organization.

What is the point of the agreement?

The balance sheet boundary divides not only the property of the house, but also everything else. This is defined by the Housing Code, as is what Article 36 defines common property residents of an apartment building.

After signing the relevant deed, each party understands which area belongs to them, as well as who will repair it in case of damage. If for some reason the line of responsibility has not been determined, then it will be carried out in accordance with the balance sheet. By the way, the latter is always installed on the outer wall of the building. This is the main difference from operational responsibility, the latter can:

Coincide with the balance sheet boundary.
Determined by agreement between supplier and consumer.
Take place at the junction of the metering device and the network of an apartment building.

Why is the act signed? It’s simple: it is necessary to legislate the boundaries that define the responsibilities of each party.

Sometimes the act does not help, because one party begins to unreasonably shift the boundaries towards expanding the range of responsibilities of the other party. In this case, the boundaries are determined in court.

What the law says

The conclusion of contracts is regulated by law. In particular, contracts regarding energy supply are regulated Civil Code our country. Article 539 of the Civil Code (Urban Planning Code) sets out the following boundaries of operational responsibility:

The obligation of the resource supplying organization to supply energy to consumers.
The consumer’s obligation to immediately pay for energy, comply with consumption regimes, and ensure the safety of using networks and their serviceability.

In addition, the party receiving the energy must have:

Connection to the networks of the resource supply company.
Device for receiving energy.
Energy consumption metering devices.
Other necessary equipment.

It turns out that the law has assigned greater responsibilities to the recipient of resources than to the supplier. For this reason, a document on the division of operational responsibilities allows you to relieve the recipient of unnecessary costs and work.

Basic Concepts

The article discussed the boundaries of operational and balance sheet ownership, but the concepts of these terms were not given.

The boundary of balance sheet ownership is the line of division of elements of sewerage systems, water supply and structures on them between owners on the basis of ownership, operational management and economic management.

It turns out that the act of delimiting the balance sheet ownership of electrical networks is a document that is drawn up during the technological connection of power installations of legal and individuals to electrical networks that define the boundaries of the balance sheet.

The boundary of operational responsibility is the line dividing sections of sewerage systems, water supply and other engineering networks according to the principle of responsibility for the use of elements of engineering systems, which is established by the act of delineation of responsibility. Let us repeat that if there is no document, then the border is set according to the balance sheet. By the way, as for electricity supply, this rule does not apply there. The Letter of the Federal Tariff Service of Russia from 2005 states that the supplied thermal energy is already considered thermal energy, on the border of balance sheet and operational responsibility.

An act of delimitation of responsibilities of the parties is a document drawn up by the consumer and the network organization for the transmission of the electrical network at the junction of energy-receiving devices. They also determine the boundaries of the parties’ responsibility for the use of certain energy-receiving devices and power grid facilities.

Conclusion

As you can see, the issue must be approached very responsibly by all parties. If this is not done, then problems will inevitably arise over time, because it is not documented anywhere who is responsible for what. These points concern not only the management company and the resource-providing organization, but also the homeowners.

Often it is the owners who stir up conflicts without understanding or knowing the laws. Because of this, trials occur, which do not often end in victory for the plaintiff. All you need to do is study the regulatory framework and correctly understand the limits of operational responsibility of electrical networks. Don't make a big deal out of proportion without understanding its cause. And it’s even better to always conclude an act of delimitation of the above-mentioned responsibilities, and then problems will not arise.

The act of delimiting balance sheet ownership and operational responsibility of water supply and sewerage networks is otherwise called in abbreviation RBP or ARBP.

What is and what does the act of delimitation contain?

Before answering these questions, you need to understand the concepts of these terms, namely what it distinguishes and from whom!
Everyone knows that utility networks, be it sewerage, electricity or water supply network have owners. If you own a plot of land or a house, you have already completed the initial permitting documentation for connecting your property to the water and sewerage utility network (water supply or sewerage), then you will definitely encounter this problem drawing up an act.
As a rule, main water supply networks belong to the city and the municipality maintains and repairs them. You ask for a connection point in one of the sections of their network and draw pipelines for yourself to connect to water. It is precisely the section from the point of insertion to your house that will be on your balance sheet; it is you who will have to maintain and repair it at your own expense, no matter what happens at your service area. That's why act of demarcation must contain information about boundaries balance sheet and operational responsibility. These areas are shown schematically on topographic surveys at a scale of M1:500, 1:1000 or 1:2000.

What is the boundary of operational responsibility?

This is the area that is schematically indicated in the deed, which must be exploited by the owner. IN in this case- To you. Often the network company tries to push this boundary as far away from itself as possible in order to place responsibility for a possible accident on YOU.

What is needed to compile an ARBP

You will need a topographic survey, a copy technical specifications and a design solution for connecting the facility to networks. It must be approved by the network company.

Where can I get it and who does the BPR act?

Act of dividing the boundaries of water supply networks You can order from us, just call and make an appointment. Cost of the balance sheet delineation act not high and ranges from 1500 to 5000 rubles per set.

"Housing and communal services: accounting and taxation", 2009, N 9

One of the most painful issues when concluding contracts with resource supply organizations (RSOs) for HOAs, housing cooperatives and management companies (hereinafter referred to as management organizations) is the delimitation of the so-called operational responsibility and the definition of its boundaries. However, the practice of the Nizhny Novgorod HOA Association shows that for HOAs and housing cooperatives this issue often becomes relevant not even at the moment of concluding such an agreement, but when accidents occur on networks that are not related to the common property of the owners in apartment building when, due to a recklessly signed agreement, the responsibility for repairing these networks is assigned to these HOAs and housing cooperatives.

It is quite obvious that additional meters of engineering communications place on the management organization (and therefore on the owners of premises in an apartment building) an additional financial burden for their maintenance and repair, which is sometimes beyond the power of the HOA, and also imply inevitable costs to cover losses of communal resources.

Regulatory regulation

When considering this issue, you should first of all turn to the Civil Code of the Russian Federation, which governs all energy supply contracts. According to Art. 539 of the Civil Code of the Russian Federation, under an energy supply agreement, the energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the regime of its consumption stipulated in the agreement, to ensure the safe operation of the energy networks under its control and the serviceability of the devices used by it and equipment related to energy consumption. An energy supply contract is concluded with the subscriber if he has a power receiving device that meets the established technical requirements, connected to the networks of the energy supply organization, and another necessary equipment, as well as in ensuring energy consumption metering.

The general provisions of the Civil Code of the Russian Federation regarding the issue of the boundaries of operational responsibility have been developed in such regulations, How:

Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry”;
Rules for the functioning of retail electricity markets in transition period reforms of the electric power industry, approved by Decree of the Government of the Russian Federation of August 31, 2006 N 530 (hereinafter referred to as the Electric Power Industry Rules);
Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861 (hereinafter referred to as the Access Rules);
Rules for the use of public water supply and sewerage systems in the Russian Federation, approved by Decree of the Government of the Russian Federation of February 12, 1999 N 167 (hereinafter referred to as the Water Supply Rules);
Rules for maintaining common property;
Circular letter of the Gosstroy of Russia dated October 14, 1999 N LCh-3555/12 "On Clarifications on the application of the Rules for the use of public water supply and sewerage systems in the Russian Federation."

Operational Responsibility and Balance Sheet Concepts

In the acts listed above, the concept of the boundaries of operational responsibility invariably stands next to the concept of the boundaries of balance sheet ownership, while a general definition for neither one nor the other is not enshrined in the legislation. Meanwhile, there are a number of definitions within the framework of regulation of various energy supply contracts. So, in accordance with clause 1 of the Water Supply Rules:

balance sheet boundary - the line of division of elements of water supply and (or) sewerage systems and structures on them between owners on the basis of ownership, economic management or operational management;
operational responsibility line - the line dividing 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 boundary of operational responsibility is established along the line of balance sheet ownership.

Regarding the supply of thermal energy, there is no such definition at all, but in paragraph 31 of the Letter of the Federal Tariff Service of Russia dated February 18, 2005 N SN-570/14 it is stated that supplied thermal energy is thermal energy supplied to the thermal energy consumer (consumers) at the border of operational responsibility ( balance sheet).

The most complete definitions of the concepts under consideration relate to the supply of electrical energy. According to clause 2 of the Access Rules:

act of delimitation of balance sheet ownership of electric networks - a document drawn up in the process of technological connection of energy receiving devices (power installations) of individuals and legal entities to electric networks, defining the boundaries of balance sheet ownership;
act of delimitation of operational responsibilities of the parties a document drawn up by the network organization and the consumer of services for the transmission of electrical energy in the process of technological connection of power receiving devices, defining the boundaries of responsibility of the parties for the operation of the corresponding power receiving devices and power grid facilities;
balance sheet boundary - the line of dividing electric power facilities between owners on the basis of ownership or possession on another basis provided for by federal laws, defining the boundary of operational responsibility between the grid organization and the consumer of electric energy transmission services (the consumer of electric energy in whose interests an agreement for the provision of electric energy services is concluded transmission of electrical energy) for the condition and maintenance of electrical installations.

Thus, from the analysis of legal acts it follows that the line of balance sheet ownership divides utility networks on the basis of ownership or other legal possession, and the line of operational responsibility presupposes a dividing line based on the burden of maintaining utility lines.

Ratio

Based on the above, when concluding resource supply agreements for an apartment building, the balance sheet boundary will separate utility networks, which are the common property of the owners of premises in an apartment building (Article 36 of the Housing Code of the Russian Federation), from other utility networks. In this regard, it is important to understand what belongs to common property.

According to clause 5 of the Rules for the maintenance of common property, intra-household property is included in the common property engineering systems cold and hot water supply and gas supply, consisting of risers, branches from the risers to the first shut-off device located on the branches from the risers, the specified shut-off devices, collective (common house) cold and hot water metering devices, the first shut-off and control valves on the branches of the intra-apartment wiring from risers, as well as mechanical, electrical, sanitary and other equipment located on these networks.

The common property includes an intra-house power supply system, including networks (cables) from the external boundary established in accordance with clause 8 of these Rules, to individual, common (apartment) electricity meters, as well as other electrical equipment, located on these networks (clause 7 of the Rules for the maintenance of common property).

By virtue of clause 8 of the Rules under consideration, the external boundary of the electricity, heat, water supply and sewerage networks, information and telecommunication networks (including wired radio broadcasting networks, cable television, fiber optic networks, telephone lines and other similar networks) included in of common property, unless otherwise established by the legislation of the Russian Federation, is the outer boundary of the wall of an apartment building, and the boundary of operational responsibility in the presence of a collective (common house) metering device for the corresponding communal resource, unless otherwise provided by an agreement between the owners of the premises and the provider of utilities or RSO, is the place of connection collective (common building) metering device with the corresponding engineering network included in the apartment building. The outer boundary of the gas supply networks that are part of the common property is the connection point of the first locking device with an external gas distribution network (clause 9 of the Rules for the maintenance of common property).

Thus, the boundary of balance sheet ownership when concluding resource supply agreements for an apartment building is always the outer boundary of the wall of such a building<1>, and the limit of operational responsibility is not established imperatively - it can:

established by agreement of the parties;
coincide with the point of connection of the collective (common building) metering device with the corresponding utility network included in the apartment building;
coincide with the boundary of the balance sheet (for owners of an apartment building this is the external wall of the house).

<1>Let us emphasize that it is the outer boundary of the wall of the house, and not the boundary of the adjacent land plot.

Thus, 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: if there is agreement, the delimitation can be established along the well (or chamber) to which devices and structures are connected to connect the subscriber to the public water supply or sewer network. Regarding heating networks, it is possible to set the boundary of operational responsibility on the wall of the thermal chamber at the subscriber's input or at the first disconnecting devices (Resolution of the Federal Antimonopoly Service of the North Caucasus Region dated May 28, 2009 N A53-9063/2008-C2-41). Meanwhile, all of these options must be agreed upon in the act of delineating operational responsibilities.

Act of delineation of operational responsibility

An analysis of legislation (the main provisions are contained in clause 8 of the Rules for the maintenance of common property, clause 14 of the Water Supply Rules, clause 114 of the Electric Power Industry Rules) and judicial practice allows us to conclude that if agreement is not reached between the management organization and the RSO on the issue of determining the operational boundary liability, the latter is determined by the boundary of the balance sheet, which is the external wall of the apartment building<2>(in the absence of a common house meter).

<2>Resolutions of the FAS Central District dated 02/17/2009 N F10-12/09, FAS VVO dated 03/24/2009 N A29-5292/2008.

The problematic issue is the need to sign this act. By virtue of Art. 543 Civil Code of the Russian Federation to essential conditions energy supply contracts, without which the contract is void, include a condition to ensure the maintenance and safe operation of networks, devices and equipment. By agreeing on the boundaries of operational responsibility, the parties provide for the procedure for the maintenance and operation of utility networks and equipment. The act of delineating operational responsibilities is a technical document, a form that allows reflecting such agreement. In addition, all the regulatory documents discussed above also require the signing of this act when concluding a resource supply agreement.

However, the act of delimiting operational responsibility takes place when an agreement is reached between the RSO and the subscriber on this issue, and if this is not achieved, the boundaries of responsibility are determined according to the boundaries of the balance sheet. Consequently, the act of delineating operational responsibilities may not always be present. The same is evidenced by the analysis of judicial practice on disputes about the terms of contracts that arise during their conclusion: courts sometimes even exclude from the text of the contract the appendices that contain this act<3>.

<3>Resolution of the Federal Antimonopoly Service of North Kazakhstan Region dated May 28, 2009 N A53-9063/2008-C2-41.

Disputes arising in connection with establishing the boundaries of operational responsibility

So, we can draw the following conclusion: in the absence of an act of delimitation of operational responsibility, the boundary is established at the point of connection of the collective (common building) metering device, and in its absence - along the boundary of the common property of the owners of premises in an apartment building.

In turn, the specified property may only include in-house life support systems that end with the outer boundary of the wall of the house and are intended to serve more than one room in a given house. Therefore, if a management organization is offered to take on the burden of responsibility for utility networks located outside an apartment building or serving more than one apartment building (regardless of location), then it can safely refuse and insist on establishing the boundaries of operational responsibility on the external wall of the house.

For example, the Sixth Arbitration Court of Appeal refused the developer's request to compel the management organization to accept for maintenance and Maintenance external engineering networks for power supply, storm drainage, water supply sewerage. The fact is that at the court hearing it was established that these communications are intended to serve more than one residential and (or) non-residential premises in several apartment buildings, and not in one apartment building and, therefore, do not meet all the criteria established by law for the common property of an apartment building at home (Resolution dated July 17, 2009 N 06AP-2631/2009). Conversely, the management organization failed to prove the illegality of including thermal routes and hot water transit pipelines passing through the basements of houses, a hot water boiler in the basement of a house and other transit pipelines into municipal property (and their further lease to RSO). Despite the fact that these objects are located in the basement of an apartment building, they are not common property, since they serve more than one apartment building, and also since the external boundary of the wall of the house cannot be the boundary of transit heating networks (Resolution of the Federal Antimonopoly Service of Ukraine dated May 18, 2009 N F09 -2962/09-С6).

In addition, as practice shows, problems when concluding an agreement and delineating operational responsibilities arise when the balance holder of the section of utility networks from the wall of an apartment building to the networks on the balance sheet of the RSO is not known. These plots are often ownerless, but necessary to supply the house with resources (and are located on the adjacent land plot, which is part of the common property). As a rule, RSOs try to place the burden of maintaining such sections of networks on the management organization and owners of premises in an apartment building, citing the fact that maintenance of these sections is not taken into account in the tariffs. Meanwhile, even in this situation there are no legal grounds for delineating operational responsibilities for connecting to utility networks included in the balance sheet of the RSO. Let us stipulate once again that this provision is valid in the absence of an agreement of the parties expressed in the act, since by virtue of clause 1 of Art. 421 Civil Code of the Russian Federation legal entities are free to enter into a contract. According to paragraph 4 of this article, the terms of the agreement are determined at the discretion of the parties. The courts, when resolving these disputes, note that the RSO has the right to apply to the regulatory body with documents confirming the costs of paying for services for the transfer of resources over networks that were not transferred to it for operation, in order to account for them and compensate for them in the subsequent period of tariff regulation (FAS Resolutions VBO dated March 24, 2009 N A29-5292/2008, dated September 23, 2008 N A11-11702/2007-K1-6/37).

M.A.Purgina

Legal Advisor

NP "Nizhny Novgorod Homeowners Association"

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