Do they have the right to turn off electricity for non-payment in winter or summer, during the coronavirus period?

Electricity is a critical resource used by billions of people and businesses around the world every day. Appliances, computers, kitchen equipment, factories - everything depends on the consumption of electrical energy. But the resource is not free - you must pay the management company monthly for the kilowatts used. Debt for utilities may entail the accrual of penalties for electricity, partial or complete restrictions on energy consumption in the form of shutting it off for an indefinite period .

Cameraman Alisa Lawyer

Dear readers! Our articles discuss typical situations for resolving legal issues, but each problem is unique. Therefore, if you need a FREE consultation with a lawyer, call ext 946 (Moscow and Moscow region) ext 651 (St. Petersburg and Leningrad region)

What laws regulate the supply of electricity?

According to the law, energy supply must be available around the clock. But sometimes the supplier has the right to limit it: turning off electricity for non-payment at the initiative of a resource supplying organization or management company is legal, and a court decision is not required for this.

The specifics of the provision, suspension and limitation of public services are regulated by Decree of the Government of the Russian Federation of 05/06/2011 No. 354, Housing Code of the Russian Federation, Decree of the Government of the Russian Federation of 05/04/2012 No. 442. In Art. 153 of the Housing Code of the Russian Federation states: consumers are obliged to pay for utility services on time, and responsible organizations are required to provide them. If payment is not received for two months or more, a notification is first sent about the need for payment, then electricity consumption is limited, then if the payment is not paid, it is suspended.

Grounds for power outages

The activities of management companies and resource supply organizations are regulated by legislative acts. The law requires not only high-quality service to consumers, but also eliminates any possibility of unauthorized power outages.

The acts that regulate relations between suppliers and consumers include:

• Government Decree No. 354 “On the provision of public services”;
• Government Decree No. 624 “on issues of complete / partial limitation of electricity consumption”;
• Government Decree No. 354 “On the provision of public services”;

According to PP No. 354, it is possible to turn off the lights without notifying consumers first if:

• an emergency has occurred;
• in case of emergency or natural disasters;
• An illegal connection to intra-house networks was detected;
• the poor condition of in-house utility networks or in-apartment equipment has been identified.

Warning power outages are allowed only in 2 cases:

• scheduled maintenance or repairs will be carried out;
• the utility is not fully paid for by the user.

Incomplete payment implies a debt of more than 2 monthly payments, calculated on the basis of light consumption standards. Thus, there is no specific amount of debt at which the electricity shutdown procedure will be launched.

How to turn off electricity according to the rules: warnings

Electricity shutdowns for non-payment can only be carried out in accordance with the established procedure. Only if this is observed can turning off the lights be considered legal. We have already found out for what debt they can be left without electricity. Now we need to find out when outages occur and whether consumers should be warned about them.

The provisions of Resolution No. 354 state that in the event of a power outage due to non-payment, it is mandatory to warn residents about the upcoming outage.

You can do this in several ways:

Do you know how to contact Rospotrebnadzor?

Not really

• by personal delivery against signature;
• by registered mail (with notification);
• in the utility bill;
• by phone;
• by email;
• through the payer’s personal account in the system in the GIS Housing and Communal Services,

The disconnection rules provide that after receiving the relevant notice, the debtor has twenty days to repay the debt.

Read the law

How to find out for what non-payment the power was turned off?

Residents whose electricity has been turned off for non-payment often do not know not only what to do and how to connect it back, but also have no idea what kind of debt they are talking about.

Citizens can find out all the information about the status of their personal account, the facts of payment and possible debts for utilities at the office of the Criminal Code. It is recommended to have with you an identification document (passport, foreign passport, military ID), payment receipts for the period of interest, checks or statements confirming the facts of payments.

We also recommend reading how to find out your rent arrears

Energy sales can answer for what period the fact of non-payment was established, what kind of real estate is meant (for example, residents forgot to pay for light in their country house).

If you don’t have time to visit the housing and communal services authorities, then you should study the payer’s personal account on the management company’s website. Customer account information is displayed after entering your login and password. The information in your Personal Account may differ from that provided by the company - the process of processing data and making some payments takes up to 2 days, this should be taken into account when considering recently completed transactions (no more than 3 days ago).

Online banking, which the client uses to quickly transfer funds to the supplier’s account, is also a way to check utility debts. If, when entering a personal account, a zero or negative value is displayed in the “debt” column, which means there is no debt to the management company (or overpayment).

In the absence of a response from the management company or the presence of an actual debt, payers have the right to go to court.

Do they have the right to turn off electricity in winter?

The time of year does not affect the right of the resource supplying organization to terminate the provision of services in the event of prolonged non-payment. Even if the debtor has a heating boiler and stove running on electricity, the electricity supply may be cut off.

If you find yourself in a difficult financial situation, pay at least 500 rubles for electricity every month, then the chance of a shutdown will decrease. An alternative option is to ask the company for an installment plan: in most cases, debtors are met halfway. A ban on power outages was temporarily introduced during the coronavirus period, but it has been lifted in 2021.

Turning off the lights in an apartment: on what basis can residents be deprived of electricity?

Residents who are dishonest about fulfilling their obligations to pay for utility services, namely electricity, will receive a warning in the form of a power outage act.

Find out how you can write off debts for utilities (housing and communal services).

The company’s decision to terminate the contract for the supply of utilities is made based on the following factors:

1. If residents have not paid for electricity for 2 or 3 months (or more). There are no strict sanctions for monthly non-payment of electricity bills - the debt is transferred to the next month.
2. If there was an unauthorized connection to utilities without notifying the house management.
3. Disruption of the power supply process. For example, due to termination of a contract.
4. The need for scheduled and emergency repairs. Power engineers are required to notify that they want to turn off the electricity at least 24 hours before carrying out repairs. The duration of work should not exceed 24 hours. During the year, specialists have the right to temporarily turn off the lights in the apartment no more than 3 times, notifying residents in advance before each moment. An office that turns the lights on and off more often than established limits violates the standards for the provision of housing and communal services.
5. By court order to terminate the supply of electrical energy.
6. Electricians are not allowed to access the meter. Checking the condition, payment or repair work are standard procedures on the part of the management company.

One of the most common reasons is debt for electricity in an apartment or private house. It doesn’t matter whether the debt for electricity is 2 thousand or more: according to the law, energy sales terminate the contract on the basis of non-payment for 2 or more months, after prior notice to the residents.

To know about their rights, citizens must study on the basis of what law the management company makes a decision to deprive their living space of light. Relations between the consumer of utilities (tenant) and the supplier (housing association, housing office) are regulated by Russian Government Decrees 354 of 05/06/2011 and No. 442 of 06/04/2012.

Do you have the right to turn off the electricity if you have minor children?

The residence of a small child with the debtor does not affect the right of the supplying organization to stop supplying electricity. Only their parents are responsible for minors, so they should be concerned about their comfort.

Either one child or three or more children do not give parents the right not to pay utility bills. They are provided with federal and regional subsidies, incl. and for housing and communal services. If there is a debt for electricity, it may be turned off, and the debt will have to be repaid. In addition, in this case, people with many children may be deprived of their rights to benefits: for most payments, the absence of debts on housing and communal services is required.

Responsibility for illegal shutdown

In accordance with clause 149 of section XVI of the Government of the Russian Federation No. 354, in the event of an illegal interruption of electricity supply, the network company may incur the following types of liability:

1. Civil law - so, if a sudden power outage led to damage to electrical equipment or other property of the consumer, then he can recover the damage caused from the network organization.
   This right follows from the provisions of Art. 1064 of the Civil Code of the Russian Federation. In addition, a person who was illegally left without electricity may also seek compensation for emotional damages. According to Art. 151 of the Civil Code, its specific amount will be determined by the judge taking into account the degree of guilt of the offender.
2. Administrative – a network organization may be held administratively liable for violating the procedure for limiting the supply of electricity under clause 2 of Article 9.22 of the Code of Administrative Offenses of the Russian Federation. For such an act a fine is provided in the amount of:
   • 10-100 thousand rubles for officials (disqualification is also possible);

   100-200 thousand rubles. for organizations.

In addition, if desired, the supplier of this utility service can also be held administratively liable under indirect articles, namely:

• Article 19.1 of the Code of Administrative Offenses of the Russian Federation - the exercise of one’s right contrary to the order established by the current legislation (arbitrariness). For such a violation, punishment is provided in the form of a warning or a fine of 100-300 rubles (for citizens), 300-500 rubles (for officials).
• Art. 7.23 of the Code of Administrative Offenses of the Russian Federation - violation of the regime for providing consumers with utility services. Imposition of a fine from 500 to 10,000 rubles (depending on what category the offender belongs to).

In addition, if this unlawful act leads to the death of a person, the culprit may be required to perform forced labor for 5 years with deprivation of holding his previous position, or imprisoned for up to 5 years.

We have prepared answers to frequently asked questions on the website:

• The electricity in the apartment was turned off for non-payment: what should I do, how can I reconnect the electricity?
• What are the rules and procedure for turning off electricity in SNT for non-payment?
• Why do we need a power outage act?

In what other situations can power be cut off?

In addition to non-payment, electricity can be turned off for other reasons:

1. Order of Rospotrebnadzor in case of non-compliance of meters with established requirements. Disconnection is carried out only for the period of installation work.
2. Formalization of an agreement between a consumer or a company: for example, the owner may apply to suspend services while he or she is away to save money.
3. Emergency or planned work. When carrying out scheduled work, consumers must be notified in advance by posting a notice of power outage on a board near the entrance. You can also obtain information about planned shutdowns on the official website of the energy sales company by looking at a specially compiled schedule.

It is important that in any case it is not allowed to turn off electricity for debt without warning.

Where to complain about a power outage

In cases of permanent power outages without warning, citizens have the right to file a complaint against the organization supplying electricity to the following authorities.

Resource supplying organization

The first step in resolving a power outage problem is to contact your service provider in writing.

If there has been a massive power outage, it is best to file a complaint for illegal shutdown as a group. The application should be prepared in two copies, one of which must be left in hand with a note of receipt. Those who apply will be notified in writing about the results.

If the problem remains after contacting, you should complain to higher authorities.

Prosecutor's office

A complaint to the prosecutor's office can be filed if the supplier's actions were illegal and citizens have a sufficient evidence base: calling the employees of the energy supply organization, calling the management company, the emergency service, a statement to the supplier, etc.

Rospotrebnadzor

There are several ways to file a complaint with Rospotrebnadzor:

• when applying in person at your place of residence. The application is drawn up in any form, with a detailed description of the situation. The preferred option is a collective complaint, they are considered first and have a greater resonance;
• by mail to the address of the authority;
• by submitting an electronic application on the official website of Rospotrebnadzor . You can attach evidence to your appeal in the form of photographs and videos, scanned documents, etc.

Local authorities

A complaint about permanent blackouts can be submitted to the local administration. Within up to 30 days, specialists are required to provide a written response to the request, explaining the reasons.

Court

If there is a constant blackout and inaction on this issue by the resource supplying organization and administration, you can file a claim with the judicial authorities at your place of residence. All available evidence in the case must be attached to the application.

When else do you not have the right to turn off your electricity?

It is possible to turn off a consumer's electricity only in compliance with all rules. However, there are often situations when limiting the supply of electricity is illegal.

1. You do not have the right to turn off your electricity if there are no debts on it.
2. Disconnection in the presence of debt is impossible in winter in houses that, according to technical documentation, are heated by electrical appliances.
3. They can’t turn off your electricity if your neighbor owes money for it, and only he can’t limit the supply.
4. You do not have the right to cut off electricity if you can provide a certificate of residence in the territory of a seriously ill person, whose livelihoods depend on devices connected to the network, or a small child nka, requiring special nutrition.
5. The procedure for introducing a power supply limitation mode has been violated.
6. Power outages for scheduled repairs occur frequently and exceed the permissible time limit.
7. Electricity supply was not restored within 48 hours from the moment the certificate of debt repayment or its restructuring was submitted.

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

If an illegal disconnection is made, you can file a complaint against the management organization with the housing inspectorate, antimonopoly authorities, prosecutor's office, or court.

Electricity consumption was illegally cut off: what to do?

The payer, after receiving a document about the need to pay off debts for utilities, must check the correctness of the specified information - cases where the light was illegally turned off due to an error in the address or personal account are not uncommon.

Sometimes a company may send debts for non-payment without specifying the terms of payment. This is also a violation on the part of the supplier. Upon receipt of such notice, the customer should contact the energy company for clarification and specific payment instructions.

You can also ask our legal specialist a question.

What should you do if the lights in your apartment are turned off for debt without a court decision?

If the light is turned off for non-payment without notice, the residents of the house have the right to apply to the court for the resumption of service. Without a court decision, it will be almost impossible to restore the connection. You can attract the violating office in several ways:

• under Article 330 “Arbitrariness” according to the Criminal Code of the Russian Federation. If there is an abuse of power by the housing and communal services authority, the court will allow the lights to be turned on and will impose penalties on the violator;
• According to Article 15 of the Federal Law “On the Protection of Consumer Rights”, turning off the light for debts without a court decision in an apartment building is a violation of the rights of residents and is punishable by compensation for moral damages to consumers. The payer can recover from energy workers for moral damages and demand the cancellation of the decision of the Criminal Code.

If the electricity was illegally turned off, but everything was paid for, then the management company must cover the cost of connecting the lights, paying for the electrician’s work, and, possibly, providing energy for several months in advance.

In 90% of cases, such a decision is made in court to clients of the management company who previously contacted energy sales and filed an appeal to the court on the basis of violations of the quality of service, suspicion of arbitrariness and compensation for moral damages.

What cases of turning off the lights of the Criminal Code are also illegal?

In addition to the lack of warning, it is considered illegal if the management company turns off the lights in a house where a small child (under 18 years of age) lives . But at the same time, it is necessary to prove that the fact of limiting electricity consumption resulted in harm to health or the creation of an extremely unfavorable environment (relevant for families with children under 3 years of age).

If the lights were turned off for non-payment, and this caused harm to the health of pensioners or disabled people, for example, those who depend on an electrical device, such a decision is also a violation on the part of the energy supply.

After a court decision, the management company has the right to deprive residents of electricity, warning clients about this at least 2 hours before the workers’ visit . Cases where electricians entered a house without permission and cut off the lights are not uncommon, but may serve as a reason to file an appeal in court.

The process of deprivation of electricity has its own nuances. Workers who come to turn off the lights for non-payment are required to introduce themselves and present their identification, a copy of the act and hand over one copy to the residents. Payers' complaints that unknown people came and cut off the power are justified in 30% of cases.

What to do if your power is cut off

Nobody wants to remain without light for a long time. Therefore, the question arises: where to go and what to do to connect it. The surest way to get your electricity back is to pay off your debt. In the absence of a one-time option, consumers have the right to ask for payment of the debt in installments over six months. With documents indicating payment or installment plan, you need to contact the utility service provider to connect electricity. You should know that this service is paid.

Expert opinion

Chernovolov Viktor Petrovich, consultant in the field of consumer rights protection

If you have any questions, ask me!

After receiving the application, the electrician comes home, removes the seals from the meter and draws up a report on turning on the electricity. Decree No. 354 specifies how many days later the connection must occur. If your rights are violated, write to me and I will help you figure it out.

When will the electricity be restored?

The lights will not be turned on until the debt is paid in full. However, the management company or RSO may enter into a position and allow the debt to be paid in installments. Installment plans allow you to pay off your debt in installments over six months.

If the debt is paid or the application for installment payment is satisfied, the consumer receives a document on the basis of which they will reconnect to the network. You will have to additionally pay for the services of an electrician who will remove the seals from the meter. According to PP No. 354, the costs of the contractor (RSO) for renewing the supply of electricity are reimbursed by the debtor in the amount of no more than 3,000 rubles. The provision of public services is resumed within 2 days from the date the cause of the outage is eliminated.

Where to complain if the shutdown was illegal or without warning

If it turns out that the power outage is taking place illegally, you must submit 2 samples of the complaint in any form. It contains information about the consumer, the supply agreement, the date and time of the illegal shutdown and its consequences. The claim is sent to the company providing the supply: management company, homeowners association, or directly to the energy supply company. 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 letter with notification or sent personally to the company’s office and submitted against signature. The answer should come within a month.

Email addresses Filing a complaint Working hours of organizations Organizations on the map Using your personal account Phone numbers for inquiries Mobile applications Where to contact Organizations on social networks