Summer residents are forced to pay twice for garbage: bills arrive at the same time at the place of registration and the address of the dacha

If a person has an apartment in the city and a summer cottage in the village, then the receipt can come to both addresses. Being in two places at the same time is something from the pages of the Harry Potter books. Nevertheless, many gardeners receive bills for garbage collection (from regional MSW operators) and for summer cottages and urban housing. It turns out that the pension should also be brought to two addresses?

If no one is at home

Two sides of the issue are discussed. There are provisions of clause 148.36 of the Rules for Provision of Utilities No. 354. The document says that if there are no temporarily or permanently residing citizens in a residential building, then utilities are calculated taking into account the number of owners. But there is also a decision of the Supreme Court, where this point is called controversial.

It has been established that in the absence of a consumer for more than 5 full calendar days in a row, a recalculation must be performed. And if the regional operator refuses to do this, you will have to go to court. But how to prove that no one was at home. After all, there is no counter on the dumpster.

One of the companies involved in the removal of MSW told how to confirm that the family lives in a city apartment in the cold season, and spends the summer months in the country or in the village. For example, it can be a document on temporary registration or a certificate from the chairman of a garden partnership (a certificate from a sanatorium or hospital, a mark in the passport about crossing the border, etc.).

It is better to submit the application before departure, but it can be done within 30 days after the end of the period of temporary absence. And the time of absence must be more than 5 consecutive calendar days (Decree of the Government of the Russian Federation of 05/06/2011 No. 354 "On the provision of public services to owners and users of premises in apartment buildings and residential houses ").

However, according to the regional operator for the removal of MSW, if you live in the city, but come to the dacha for the weekend, you will have to pay at both addresses.

Garbage on demand

If the contract with the regoperator is concluded with SNT (as with a legal entity), the document indicates the garbage collection schedule. You can choose the option where the garbage is taken out at the request of the chairman of the gardening partnership or on certain days. And if it is decided to suspend the export until spring, then the accruals stop.

Gardeners rarely come in late autumn and winter. Accordingly, debris accumulates slowly. Therefore, the chairman can choose a suitable schedule. By the way, the heads of SNT do not always notify the other members of the association that they will not take out garbage in winter. It happens that residents start to resent, as the containers are overfilled. But it turns out that the chairman decided to stop the export before the start of the summer season.

Some settlements are empty in winter, residents are leaving. And the operator doesn't send the garbage truck. In this case, charges should not be made for handling MSW.

Help is not given to everyone

Summer resident Dmitry from the Vologda region assures that double counting is a problem for many residents of the region. However, according to him, he is the only one in his village who pays for garbage collection at two addresses. The gardener considers this a consequence of his own provision of documents to the regional operator for property both in the village and in the city. He hoped that the board would be suspended if he showed a certificate of no electricity consumption in a city apartment - based on data from the meter.

No containers - no problem

It turned out that a certificate from the village council was needed. Dmitry is far from the office, and it is difficult to find the administration on the spot. And also quite often such "non-payers" are refused to provide this certificate. Local authorities do not know on what basis to issue this document - how to prove that a person lives in a village, you cannot follow everyone. In the law, as the head of the settlement notes, only SNT are indicated (in garden associations it is easier to issue a certificate).

Some village councils contact the elders to confirm the fact of residence of this or that citizen. But more often the containers are simply removed, since there are no residents. A list of settlements is compiled, where from November to March it is deserted. And the garbage truck doesn't drive. And if he doesn’t travel, then the fee is not charged. It turns out that Dmitry has little choice.

Judicial precedent

Alas, not all regional operators rely on the decision of the Supreme Court and refer to cl. 11 Art. 155 of the Housing Code, which states that non-use of premises does not exempt from payment of utilities. Although the complete absence of residents is considered a special case of temporary absence of a consumer, which entails a recalculation of fees for MSW management. If you refuse - only the court. And, according to the deputy of the regional Legislative Assembly Larisa Kozhevina, it is planned to create a judicial precedent so that the ambiguous interpretation of the laws on the export of MSW would cease.

Although there is already a precedent. The Moskvich went to court, as the regional operator unjustly refused to recalculate (although the person lived all summer in a village near Lukhovitsy), and receipts came for an apartment in Korolev. The man printed out all the necessary documents (Decree of the Russian Government No. 354, etc.), hired a lawyer. The claim was satisfied, and a recalculation was made in 4 months. And they even paid court costs for several thousand rubles. Of course he spent more. However, according to him, this is a matter of principle.

Have you faced duplicate receipts? Write in the comments!

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