Who should change the counters if they are located on the landing?

Replacement of electricity meters should be carried out regularly. But when the deadline approaches, owners often find themselves not ready for this procedure. This is especially true of residents of houses whose meters are not located in the apartment. In this case, the question arises - who is replacing the counter on the landing. The parties, relying on legislation, interpret it differently. Of course, trying to convert the letter of the law in their favor. The only correct answer is that the replacement is carried out by the management company. But how to prove it?

Reasons for replacement

First of all, we establish the reasons with which the need to replace the counter may be associated.

1. Expiration of the counter. The deadline is set by the manufacturer and must be indicated on the box. On average, it ranges from twenty-five to thirty-two years. In addition, you should be aware of such a phenomenon as the "inter-check interval." This is the frequency of verification, which is indicated in the instrument passport. She is six to sixteen years old.
2. Some time after installing the meter, a check is necessary. If you do not carry it out within two years after the deadline, the device will also have to be replaced.
3. Damage to the counter. If the malfunction appeared without any intervention, and this happened during the warranty period, the manufacturer will have to pay for the replacement or repair of the device.
4. Another reason for the replacement is the non-compliance of the device with the established requirements. In 2012, the Government of the Russian Federation adopted a resolution that established a new requirement for devices that record electricity. In accordance with this decision, their accuracy class must be at least 2.5. On older devices, this figure may be below two. True, you can not rush to replace. The law allows you to wait until the end of the term.
5. Planned updating of metering devices. This procedure is carried out at the initiative of the energy sales company, so in this case there is no question of who is responsible for its implementation.

Tip

If you do not have a passport for the counter, then you can find out the period of its work in another way. It is indicated on the panel itself under the glass.

Normative base

Before talking about those who need to change the counter, we define the range of regulatory documents that govern this issue.

1. Civil Code. Namely, paragraph 2 of Article 543. It says that the obligation to ensure the operation of devices that record electricity, for citizens who use energy for domestic needs, is borne by the energy sales company.
2. Resolution of the Government of the Russian Federation of 04.05.2012 N 442 “On the functioning of retail markets for electric energy, full and (or) partial restriction of the regime of consumption of electric energy.” This regulatory legal act establishes the basic requirements that determine the characteristics of metering devices.
3. Decree of the Government of the Russian Federation of August 13, 2006 N 491 (as amended on February 27, 2017) “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance of a residential building in the case of services and management, maintenance and repair of common property in an apartment building of inadequate quality and (or) interruptions exceeding the established duration” .

Common property of the house

The last document explains what is included in the common property of the house. According to paragraph 7, it includes an intra-house power supply system. It includes:

• protection, control and management equipment;
• intercom devices;
• fire system;
• floor guards and cabinets;
• electrical installations of smoke removal systems;
• elevators, both freight and passenger;
• collective (common house) electric energy metering devices;
• networks (cables) from the external border to individual, common (apartment) meters of electric energy metering;
• other electrical equipment located on these networks.

Who does the replacement?

The question of how to understand the provision of the law is controversial.

Management companies often refuse to recognize meters that are outside the apartment as communal property. In their opinion, the determining criterion is how many rooms the device serves. From this point of view, they include only household appliances serving more than one apartment as common house property. And their location does not matter, even if this counter is on the landing. Therefore, the energy supply company transfers responsibility for replacing the meter with the residents themselves. Payment of the procedure, in their opinion, should also be carried out by the owners of the apartments.

Lawyers believe that the location of the equipment is of prime importance. According to this theory, the counter, when it is located on the landing, can not be attributed to the property of apartment owners. It is included in the mass of common house property.

If, on the basis of legislation, you were able to convince the management company that you were right, then this does not mean that worries about servicing metering devices can be shifted onto her shoulders. Next, you need to view the contract concluded with the company. It is he who determines what work is carried out in each specific situation. It also indicates whether the replacement will be carried out at the expense of the fees charged, or for this you need to additionally collect money from the owners. The decision on the collection procedure is made by the residents themselves.

If the apartment is not privatized

If the apartment is not in your property, since you did not privatize it, then in this case there should not be any disputes. And when it was not possible to prove the metering device belongs to common property, you are not responsible for replacing the old electricity meter with a new one. However, the municipality has the opportunity to evade this concern, because the law does not establish an obligation to implement it. In this case, the tenant will have to deal with updating the device on their own.

How is payment made?

As mentioned above, in order to find out who pays for the replacement of the electricity meter in the entrance, you need to study the contract that was concluded between the tenants and the management company. Unless otherwise provided in it, such works relate to general household needs. This is the same line in the receipt for the payment of electricity, which causes frequent disputes and discontent of residents.

If the contract clearly states that the meter is located on the site, and therefore does not relate to the property of the tenants, then the management company does not have the opportunity to shift the obligation to pay for the work associated with the replacement of the meter.

Procedure

When the time comes for replacement, contact the subscription department of the management company. There they will explain in detail what data should be provided to the organization. Further actions necessary to replace the electricity meter with a new one or repair the old one are carried out by the management company. It is she who is associated with energy sales, and already they must carry out the replacement.

During the installation of the device, the correctness of the procedure must be checked. Specialists must verify that the meter is in good working order. After that, employees protect him with a lead seal. Such measures are necessary in order to protect the device from unscrupulous residents. Previously, they often opened the device themselves to trick the company and pay less for the services they receive. Only representatives of the energy supply have the right to remove this protection when they check or change the meter.

Of course, a seal is not a 100% guarantee of protection against hacking. Unauthorized people with access to the porch can spoil the appliance, which is located outside the apartment. If a breakdown is found, immediately contact the management company for a replacement or repair. Otherwise, at the next check you can be accused of hacking. And this is fraught with negative consequences.

If the company refused to work

Unfortunately, the management company is not always ready to engage in work on updating metering devices. They even go for some tricks. From the contract concluded between the company and the residents, the clause that says who changes the meter is simply deleted. Apartment owners can go to court, but to prove something after the contract has already been concluded is almost impossible. In this case, the replacement will have to be done on their own. To do this, go through several stages.

1. Contact an energy distribution company. They will explain to you exactly what types of meters and their characteristics are acceptable. Companies only take readings of instruments that meet new standards.
2. Buy the counter itself.
3. Contact energy sales again. He will check the conformity and serviceability of the meter, and also record it.
4. Invite a specialist who will install the device and seal. You can send a request to the above organization, and they will offer the services of their employees.
5. The owners are also allowed to install the counter. To do this, contact your electricity supplier and pay the state fee. In any case, a filling should be performed by a specialist.

Refusal of replacement

Devices must be changed at the specified time. But the refusal of the procedure does not entail legal liability. True, the energy meter does not accept the readings of the meter, the operating time of which has expired. Therefore, you will have to pay for the service according to the standards, as it was before the advent of metering devices. And this is much less profitable.