Autonomous heating of the apartment. How to refuse heating in an apartment building in Russia? Turn off the heating in an apartment in an apartment building

The consent of heating networks to disconnect an apartment in an apartment building from the centralized heating supply is not required. This was pointed out by the Supreme Court of the Russian Federation when considering a complaint in the case of cancellation of permission for reconstruction: the local administration allowed the owner of an apartment in an apartment building to dismantle the central heating radiators and install electric heaters instead, and the city heating networks, which had lost a client, tried to challenge this permission in the arbitration court ( determination of the Armed Forces of the Russian Federation of November 20, 2017 No. 302-KG17-17007).

The heating networks justified their dissatisfaction with the following arguments:

The radiators of this separate apartment are part of the general heating system. When the owner of this apartment demolished the radiators, he thereby reduced the composition of the common property of the apartment building. And this property can only be reduced with the consent of all owners of premises in the apartment building. However, this document was not presented when the redevelopment was agreed upon;
a controversial reconstruction of the heating system may disrupt the thermal-hydraulic regime of the building as a whole and the thermal regime of neighboring rooms. Because of this, heating networks cannot provide high-quality utility services for the supply of heat to the owners of adjacent apartments;
When developing the controversial reconstruction project, it was not taken into account that the total power of heating devices should be equal to or greater than heat loss (in order to avoid a decrease in the internal air temperature in adjacent rooms). In addition, the project was prepared without obtaining technical specifications, without coordination with the energy supply organization and energy supervision. This means that the project does not comply with legal requirements;
in fact - in fact - the owner of the converted apartment continues to use central heating (due to heat transfer from adjacent premises, as well as from the main heating pipelines (risers) passing through the disputed apartment. But he does not pay money. By doing this, he violates the rights and legitimate interests of heating networks, who suffer losses in the form of lost income that they could have received while maintaining the centralized heating supply to the disputed apartment.

The courts of all three instances sided with the local administration, and here's why:

The law allows you to transfer an apartment in an apartment building to autonomous heating, subject to registration of the reconstruction of the living space. establishes a closed list of documents that must be provided to approve the redevelopment, and there is no document on the consent of all other owners in this list. Therefore, the local administration could not refuse redevelopment on this basis. And most importantly, the batteries in the disputed apartment do not belong to the common property of the apartment building, because they do not serve more than one apartment and are not located outside the apartment. It doesn't matter that these batteries have no disconnect devices;
The heating networks were unable to prove that the controversial re-equipment of the heating system led to disruptions in the operation of engineering systems and that the dismantling of the radiators in the disputed apartment did not allow the heating networks to ensure a high-quality supply of heat to the neighboring premises. In addition, none of the neighbors complained about the cold - there is no information in the file about complaints from residents of the house about violations of the thermal regime;
coordination of the reconstruction project with energy supervision and electrical networks is not required. and, which were referred to by heating networks, do not apply to the installation of heating appliances in residential premises. At the same time, the developer of the reconstruction project (a specialized organization) assures that the technical solutions adopted in the project comply with the requirements of environmental, sanitary, hygienic, fire safety and other standards in force in the Russian Federation, and ensure safe operation of the facility for the life and health of people compliance with the measures provided for in the working drawings. The opposite has not been proven;
heating networks were unable to prove that the disputed apartment retains unpaid residual heat consumption from poorly insulated heating risers, inter-apartment partitions and floor slabs. In addition, the house has a communal heat meter, so the heating networks in any case receive payment for all the heat supplied to the apartment building;
and the heating networks’ argument about the “loss of a client” does not indicate a violation of their rights and legitimate interests in the field of entrepreneurial activity. The demands of heating networks are obviously aimed not at restoring a violated right, but at obtaining commercial benefits.

The Supreme Court of the Russian Federation, having considered the cassation appeal of heating networks, did not see in the case a violation of the norms of substantive and procedural law that influenced its outcome, and refused to transfer the dispute for consideration to the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation.

Here you will learn how to refuse heating in an apartment building: is it legal, the necessary package of documents in order to turn off central heating in an apartment, the technical side of the issue.

A massive transition to other sources of apartment heating began in the late 90s, but quickly stopped, as new laws of the Housing Code, although they did not prohibit this, created legal obstacles.

Today, given how much heating costs, more and more residents are wondering how to give up central heating in their apartment.

How to refuse heating in an apartment building: is it legal?

As practice shows, the main difficulties associated with disconnecting from central heating are of a technical nature. According to the law, residents are not prohibited from refusing heating in the apartment, as long as this does not disrupt the rest of the system.

The main questions that need to be considered before turning off the central heating in the apartment:

The last point is decisive, since all further actions depend on the conclusions of specialists.

Before deciding how to refuse heating in an apartment, you must first prepare a list of documents required for this process. It should also be remembered that any unauthorized actions with someone else’s property, in this case with the heating system, without the appropriate permission are punishable by law. All illegally installed elements will be dismantled, and a fine will be imposed on the violator.

Required package of documents

By law, any citizen of the country has the right to refuse heating network services, but this will require the following documents:

A statement written in any form.
Registration certificate for the apartment.
Documents confirming ownership.
Consent of all adult residents of the apartment.
Conclusion of the commission.

This list must be accompanied by a project for a new heating system, drawn up and certified by specialists who have permission to do so. Sometimes the chosen method of heating a home can cause a failure, so it is better to carefully weigh everything and consult with heating network engineers.

Redevelopment project

This document is an extremely complex technical work, containing the following points:

Calculations showing what impact an apartment disconnected from general communications will have on the rest of the building.
Calculations showing what residual heating the housing will have from the risers remaining in it.
A new type of heating system and the consequences that may appear after its installation are indicated.

If individual heating will not violate the rights of other residents, for example, work too loudly or affect the quality of heat in their apartments, then specialists should record this.

Before individually thinking about how to turn off the heating in an apartment, you should interview all residents of the entrance about a collective refusal, since in this case it is easier to obtain permission.

Technical side of the issue

In this case, it means dismantling the old system. Since no one will allow the risers to be removed, because from them the carrier goes from the upper floors to the lower ones, the issue should be resolved on how not to pay for the residual heat from them. This applies to both one-pipe and two-pipe systems.

In this case, you can find a compromise with the management company and offer it to insulate the pipes so that they do not transfer heat into the room. This is an important point, because spending a lot of time thinking about how to turn off the heating in an apartment building and completing paperwork and still paying for heating is, to say the least, offensive.

All work on dismantling the system is carried out by technicians who have permits for this.

Installation of autonomous heating must also be carried out by specialists, especially if the work involves installing a gas or electric boiler.

Nowadays, there are alternative heat sources that heat apartments better than centralized heating and are also very economical. Even if all the troubles require large financial investments in paperwork, dismantling the old and installing a new heating system, practice shows that these costs pay off after 2-3 heating seasons.

Apartment buildings with central heating

The desire to give up central heating is increasingly visiting residents of apartments in multi-apartment buildings. There are many reasons for this, but the main one is the high cost of utilities. At the same time, the quality of service and level of comfort in the house are not always what we would like. Let's look at how you can legally turn off central heating and create an autonomous system.

Note! In Russia and other countries, for example, Ukraine, the legal subtleties may differ, but technically the procedure will be approximately similar.

The law does not prohibit residents of apartment buildings from refusing central heating services. But before shutting down the system, legal issues need to be resolved. The main nuance facing apartment owners who want to use modern autonomous systems lies in the features of the building's improvement.

In simple terms, the central heating system of an apartment building is a single network that has common risers, pipelines, fittings and heat meters. As a result, disconnecting one apartment from such a network leads to disruption of the system as a whole. In order to disconnect one unit, a fundamental reorganization and restructuring of the entire network is required.

The elements of the central heating system of a building are its property, and its composition is determined by the owners, management companies, etc. The issue of the possibility of abandoning central heating should be decided at a general meeting of residents if the property has been determined to belong to the house. This requirement is laid down in the Housing Code of the Russian Federation. In accordance with Art. 36, disconnecting one apartment from general communications leads to a reduction in the total property of the building. This requires serious reconstruction, so the issue cannot be resolved individually.

You cannot disconnect from general utility networks without permission, that is, without obtaining permission. Dismantling of heating elements and disconnecting an individual apartment from the water circuit should be carried out by specialists based on the decision made.

There is no need to obtain owner permission if the elements of the central heating system have not previously been identified as common property of the building. In this case, the approval of other residents of the house is not required. Of course, even here we do not mean unauthorized shutdown. It will be necessary to obtain permission from organizations competent in this matter.

Any intervention in central engineering networks requires changes to the technical documentation. Section III of the technical passport of an apartment building must contain detailed data on heating systems. Any intervention in the system - dismantling radiators, installing additional equipment - requires mandatory changes to the technical passport, since the law defines such actions as reconstruction.

It is easier to turn off the heating if the residents of the entire house express such a desire. Then the procedure is carried out by reconstructing the general water circuit of the house. To implement such a project, the consent of the general meeting of homeowners and project documentation that has passed all the necessary approvals will be required.

Art. 26 of the Housing Code states that any owner of an apartment in an apartment building has the right to disconnect from central utilities. To do this, a number of documents must be submitted to the approving authorities:

Statement. You can write it in any form.
Technical passport of the disconnected apartment.
Title documents for housing.
Consent of all adult residents living in the apartment in writing.
Conclusion on the possibility of re-equipment.

This package of documents must be accompanied by a reconstruction project, which must be developed by specialists and also agreed upon with the relevant authorities.

The reconstruction project is a serious technical documentation. It is impossible to draw up such a document yourself. It will be necessary to contact specialists. The basis for developing a reconstruction project are calculations showing the influence of the elements of the heating system located in the apartment being switched off on the functioning of communications as a whole.

Thermohydraulic calculations.
Calculation of residual heating from risers and sunbeds.

If calculations show that it is technically possible to disconnect, the project can be submitted for approval. But if changes made to the communications of the house can have a negative impact on the level of thermal conditions in other apartments, the project most likely will not be approved.

Heating batteries in the apartment

Legally disconnecting a house from the central heating system may seem simple at first glance, especially if we are not talking about a separate apartment, but about an entrance or an entire building. In practice, there are a number of difficulties. The main ones are related to Federal Law-190 “On Heat Supply”. In accordance with the provisions of this law, the transition to individual heating is prohibited, which often becomes the reason for refusal. However, it is still possible to obtain permission. The law does not prohibit the installation of individual boilers in apartments, but provides a list of them and requirements for them.

When obtaining permission for re-equipment, the type and type of boiler equipment is taken into account in the design documentation. As a result, if the project complies with the law, regulators generally will not deny redevelopment. In any case, when starting the procedure of disconnecting from central heating, you should not expect quick results. There are many difficulties in this issue. Since 2011, it has become almost impossible to disconnect one apartment from central communications.

Having received the necessary permits, you can begin the technical implementation of the project. Dismantling of elements of the old heating system should only be carried out by specialists. Of course, you can cut the batteries yourself, but it’s better not to risk it. After dismantling the old system, all that remains is to install autonomous heating. In general, the implementation of such a project is no different from the installation of boiler equipment in country houses and cottages.

Despite the fact that such work, as a rule, does not cause difficulties, you should know a few nuances regarding the installation of heating systems specifically in apartments:

To install autonomous heating in apartments, as a rule, wall-mounted boiler equipment is used. Such a boiler is located above the level of the radiators, so it is impossible to ensure natural circulation of the coolant in the system.
There are two ways to ensure forced circulation - by installing a circulation pump or a modern boiler, in the body of which all the necessary elements are already installed. These are pumping equipment, a safety group and an expansion tank. The second method is preferable.
The type of boiler must comply with the law, that is, have a closed combustion chamber and automatic safety systems. The coolant temperature should be no more than 95 degrees, and the pressure in the system should be no more than 1 MPa.
It is better to choose aluminum radiators for autonomous systems. They are not only reliable, but also have good heat dissipation. Plastic pipes are well suited for the piping system - they are inexpensive and easy to install.
The wiring is selected based on the characteristics of the apartment. It is easier and cheaper to make a single-pipe Leningrad wiring with parallel connection of radiators. The optimal type of wiring from an operational point of view is radial, but it cannot always be implemented in apartments with low ceilings, since the floor will have to be raised.

Disconnecting radiators from central heating

When disconnecting a separate apartment from central utility networks, it is not always possible to completely redo the wiring. In most cases, it is not possible to shut off the riser, so only radiators can be disconnected from the circuit. This method of disconnection has its own nuances. The apartment will still receive heat from the sun loungers and risers of the central system, and you will have to pay for it. The presence of common water circuit pipes in an apartment is always considered residual heating, and by law you must pay for it. This problem does not happen in houses where risers were originally installed in the entrance. In practice, such a water circuit does not occur very often.

Radiators can be connected with or without bypass. In the first case, the coolant will circulate through the bypass, which allows you to turn off some of the batteries. Such systems have proven themselves well with single-pipe wiring with parallel connection of radiators. After all, a reduction in the number of the latter leads to an increase in the temperature of the coolant in the system. Connecting batteries without using a bypass is actually a way to plug the circuit. This method can be used in risers.

As you can see, it is possible to turn off central heating in an apartment building. Having decided to take such a step, you need to be prepared for the fact that the implementation of the project will require a lot of effort. In matters of heat supply, there are a lot of not only technical, but also legal difficulties. They cannot be ignored, since unauthorized shutdown will lead to many problems.

If an unauthorized disconnection of the apartment from the central heating system is detected, the owner will be required to return everything to its place. In addition, he will have to pay a considerable fine. Legal registration, obtaining permits, project development and its implementation will also require considerable investments, but they pay off within approximately two heating seasons.

When an apartment building is put into operation, all apartments located in it have central heating. But, due to the high cost of payment, as well as the schedule for turning the heating on and off, many residents are switching to individual heating.

In this regard, many are interested in the question: how to correctly formalize the refusal of general heating in a multi-storey building.

According to all the rules, the possibility of switching to individual heating in a high-rise building is not prohibited.

But, in order to ensure that there are no claims against the tenant who refused central heating, it is necessary to resolve a number of legal issues:

The owner of the apartment needs to draw up a written statement about the upcoming redevelopment of the heating system;
Prepare a registration certificate for the residential premises (apartment). This is exactly the option that the owner receives after purchasing it. Since it is by this that the possibility of switching to autonomous heating will be judged;
You must have a certificate of ownership;
Prepare a reconstruction project;
Obtain written consent from both adult citizens living with the owner and all neighbors in the entrance to the possibility of remodeling the heating;
Obtain consent to exit the centralized heating of the apartment from the organization that is responsible for the preservation of architectural monuments. If a refusal is issued from this organization, then there is no point in contacting other institutions;
In cases where the owner of a residential premises in an apartment building intends to connect individual gas heating, then permission from the gas service will also be required;
In addition, the entire above list of documents with all approvals will need to be submitted to the fire organization. They must study it completely and also give their consent.

Only after obtaining permission from all authorities can we talk about abandoning centralized heating in an apartment building.

Many people who have decided to switch to individual heating are interested in the question of whether it is possible not to take permission from the neighbors of an apartment building.

Permission from neighboring owners can be avoided, but only in one single case: if the elements of the existing central heating were not previously determined by the property ownership of the entire residential building according to the available documentation.

But even if consent from neighbors is not required, this does not give an individual the opportunity to act without permission. You will still have to go through all the authorities to obtain approval in order to turn off the central heating in your own apartment.

No organization will give permission to switch to individual heating without its design. It will not be possible to draw up a project on an independent basis and without an engineering education. It is best to seek help from a specialized institution.

The project must meet the following requirements:

Show the role of a certain area (apartment) in the overall heating system of the house (when switching to individual heating);
Possibility of equipping an apartment with a heating boiler from a fire safety point of view;
Calculations for residual elements of central heating (sunbeds and risers), for which you will have to pay in the general manner, despite the transition;
Thermohydraulic calculations.

Only if all of the above calculations fit into acceptable standards, can the finished project be submitted for the approval procedure. If the prepared document does not comply with the standards, the individual will receive a refusal.

What other issues need to be resolved when deciding to turn off the central heating in your own apartment?

Obtaining permission to switch to individual heating is a troublesome task and you should not expect that your dream will come true in just 2 days. You will have to do a lot of legwork, because in addition to legal authorities, it is necessary that the boiler and the heating system itself meet the required technical parameters.

In order to switch to individual heating, you must have individual boiler equipment. Most often - a wall-mounted boiler. According to all the rules, it should be located away from heated devices to ensure the circulation of coolant on a natural basis. There is no way to do this in the system;
In order to ensure forced circulation, two options can be used - the use of modern boilers or the installation of an additional pump for circulation. All other options will be rejected for use in an apartment building;
Boiler equipment must have a closed casing and automatic systems that will ensure the safety of its operation. The coolant temperature should not exceed 95 degrees Celsius, the pressure in the system used should not be higher than 1 MPa;
The choice of radiators is a purely personal matter, but in order to save money, aluminum ones are most often used. Since they are not only cheap, but also have fairly good heat dissipation;
Pipe routing takes into account the structural features of the living space. It can be of only two types: beam or single-tube.

What does an individual need to do in order to refuse centralized heating and stop paying for it?

Even after all the permits received from higher authorities and the re-equipment work have been carried out, you can continue to pay for the presence of centralized heating.

An important point in this case is the submission of the necessary documents to heating networks to exclude the subscriber from the register of central heating users.

At a minimum these should be:

A photocopy of the residential refurbishment project;
A photocopy of the act on acceptance of the heat supply system, issued by the commission for its implementation.

In addition, additional regulatory documents may be put forward in each region, so they will also need to be presented.

In cases of failure to provide documentation according to the presented list, payment charges will be made in the established manner.

Nowadays, it is not uncommon for residents in an apartment building to want to turn off the central heating. Of course, it is easier for higher-level organizations to agree to a meeting when this is the opinion of the majority, rather than one individual.

But you still need to be aware of the pitfalls that you may encounter. Otherwise, the refusal of the opportunity to switch to heating in autonomous mode is provided to each applicant.

It is necessary to hold an unscheduled meeting of all owners in an apartment building and resolve the issue by voting on the possibility of everyone refusing central heating. The decision must be recorded;
The next step should be to draw up an application with a request to turn off the central heating in an apartment building, signed by all apartment owners;
The minutes with the decision of the meeting and the application are submitted to the local government body, which has created a commission to coordinate this issue. It has the right to refuse owners of residential premises if the introduction of an autonomous regime causes a disruption in the operation of the district heating supply. And in cases where the operation of electric and gas mains does not provide for an increase in load;
If the decision is positive, the commission must provide the responsible representative with a list of institutions whose technical conditions must be met when drawing up the project;
The resulting technical specifications should be transferred to the organization involved in the preparation of projects;
The completed project must be approved by each institution from the following list:

energy company;
heating network;
gorgaz;
housing organization;
architectural department.

After approval of the project, it must be transferred to a licensed organization that will be responsible for carrying out the work;
After the redevelopment work is completed, it must be accepted by all organizations that were listed above.

Only by joint efforts, having carried out this enormous work of redesigning the heating system, will it be possible to save your budget in a real, and most importantly, legal way.

When planning to turn off central heating in an apartment building, you should always remember the following points:

Discuss this possibility with your neighbors. If there are supporters who want to do the same reconstruction in their own apartments, resolving issues will become much easier;
Collect all necessary documents;
If in order to obtain permission you will have to pay for the reconstruction of the heating main, think about whether the skin is worth the price;
Obtain permission to carry out work;
Purchase all necessary equipment;
Contact a special organization for help in carrying out the work;
Please note that according to the adopted amendments of 2011, the transition to individual heating of one specific apartment has become practically impossible. Even when turning to the courts, not all cases are won by apartment owners. Therefore, it is best to turn off the central heating upon request for the entire entrance or apartment building;
Remember that for unauthorized disconnection from centralized heating, an individual is subject to a penalty established by law. In addition, all costs incurred for the restoration of central heating are also borne by the individual who caused the damage;
Any decision made should be good not only for one person, but also for those around him.

So, to summarize all of the above, we can say with confidence that it is quite possible for residents in an apartment building to refuse central heating, but only this process must take place without violating the law.

Procedure for a tenant to refuse housing and communal services? heating, cold, hot water?

I don’t understand what the question is and why you need this.

Hello, if a 2-story apartment building has heating, but we refused heating and pipes pass through us to heat the neighboring apartments, only we have hot water, which is piped through a pipe for washing dishes, and for this our housing and communal services calculate our heating bills. Please help me what to do in this situation. Thank you!

Contact the housing inspection and prosecutor's office.

How to refuse heating? How can services be imposed on me without my consent? Are we a free country or a slave system? What is meant by freedom?

Freedom does not imply lack of legality in actions. I suggest you state your question more clearly without any emotional overtones.

— Hello, dear visitor to the site, if you live in an apartment building, you can’t refuse, buy a private home and even heat it with wood, even if you sit in the cold. This will be complete freedom in your case! Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

If the redevelopment in the form of individual heating is completed by the former owner in accordance with the Housing Code of the Russian Federation, then there is no need to pay. But if this is done without permission, then you will first have to legitimize the redevelopment in the form of individual heating, and then notify the energy supplying organization of the cancellation of the heating contract.

How to refuse heating and hot water supply in a 9-story building when I live on the second floor and all risers pass through my floor. I want to make stationary heating.

Individual heating in an apartment building is prohibited. Federal Law of July 27, 2010 N 190-FZ “On Heat Supply” Article 14. Connection (technological connection) to the heat supply system 15. The transition to heating residential premises in apartment buildings using individual apartment sources of thermal energy, the list of which is determined by the rules, is prohibited connection (technological connection) to heat supply systems approved by the Government of the Russian Federation, in the presence of a properly completed connection (technological connection) to the heat supply systems of apartment buildings, with the exception of cases determined by the heat supply scheme.

I want to give up central heating in an apartment building, how and in what order should I do this?

Dear Amir, abandoning central heating in an apartment building is a difficult task: it is necessary to make changes to the design of the apartment building, and this is difficult to agree on with the supervisory authorities.

I am a tenant of a 20 sq.m. premises, but according to the contract I pay for 400 sq.m. I want to give up heating, the payment is very expensive. What should I do,

Hello! Why do you have a contract for 400 m, if in fact you rent 20?

Can I refuse central heating?

If this is technically possible, then yes, you can often simply not cut off the heating of another without harming the neighbors based on Government Resolution 354.

In 2011, central heating was legally abandoned in apartment buildings. Since 2018, a heating bill has been issued. We have all the documents for autonomous heating, everything is according to the law. How and where should I go so that they don’t issue an invoice? There is no management company in the building, the residents are self-governing.

Hello, Natalia! As I understand it, the invoice was issued to you by Energosbyt. It is to them that you need to contact with a written application for debt cancellation. Please attach documents confirming the legal grounds for refusing heating to your application.

I want to give up central heating. What should be done for this? ?

Hello, Ivan! You need, Article 26 of the Housing Code states that any owner of an apartment in an apartment building has the right to disconnect from central utilities. To do this, it is necessary to submit a number of documents to the approval authorities: 1) Application; 2)Technical passport. A document that describes all the characteristics based on the apartment plan. 3) Title documents for housing. These documents confirm confirmation of ownership of the apartment. 4) Consent of persons living in the apartment. Please note that applications must be in writing. 5) A decision stating that transformations can be carried out. Autonomous heating in the apartment; 6) Project. A separate document, which must also be attached to the general package of documents for reconstruction. You cannot create a project yourself. This requires a qualified specialist who can accurately calculate the influence of the elements of the heating system. In addition to the reinstallation plan, additional calculations are carried out (thermohydraulic and residual heating). If the changes show good performance, the project will be approved. Otherwise, if there is a negative impact on other apartments, the project will not be approved. Good luck to you and all the best!

I wanted to install individual heating, but more than once I received refusal from the local administration. To submit an application, 100% consent of the home owners is required. But unfortunately this is a very big problem. What to do in this situation.

To convene a general meeting of owners of apartment buildings: on the basis of Articles 36, 44, 46 of the Housing Code of the Russian Federation, this is the competence of the general meeting. There is no other way to solve the issue.

I want to give up central heating and install autonomous heating. I live in a five-story building on the last fifth floor. What difficulties may arise in obtaining permits and registration and is this possible in principle?

Hello Nikolai Nikolaevich, Article 26 of the Housing Code states that any owner of an apartment in an apartment building has the right to disconnect from central utilities. To do this, it is necessary to submit a number of documents to the approval authorities: 1) Application; 2)Technical passport. A document that describes all the characteristics based on the apartment plan. 3) Title documents for housing. These documents confirm confirmation of ownership of the apartment. 4) Consent of persons living in the apartment. Please note that applications must be in writing. 5) A decision stating that transformations can be carried out. Autonomous heating in the apartment; 6) Project. A separate document, which must also be attached to the general package of documents for reconstruction. You cannot create a project yourself. This requires a qualified specialist who can accurately calculate the influence of the elements of the heating system. In addition to the reinstallation plan, additional calculations are carried out (thermohydraulic and residual heating). If the changes show good performance, the project will be approved. Otherwise, if there is a negative impact on other apartments, the project will not be approved. Sincerely!

Our apartment building is undergoing a major overhaul. I refused to replace heating pipes and radiators. Should the management company give me new batteries that have not been installed?

According to the text - in any case, no. It is possible to replace pipes and batteries in the apartments of any owners - but this will always be only at the expense of these owners; third parties are not obliged to replace your property at their own expense.

Can the owner of non-residential premises... Part of the MKD refuse to heat their premises? The heat meter is common to the entire house.

No. he cannot refuse heating. The system is centralized, so failure, plugs, etc. will affect it. Such a project will not be approved.

In May of this year, I gave up central heating, there is permission from the architecture to renovate the apartment, there is a reconstruction project, the housing and communal services issued technical conditions and even signed an application to disconnect from the central heating system, but the heating charge continues to arrive, what should I do?

Good afternoon, Fedor. You need to submit a written application to the management company (which charges money for heating) with a request to recalculate and exclude this line from the payroll. The application is written in two copies, one by him and the other (with a mark of receipt) to you. If changes are not made then you should go to court. Sincerely, AA "AB LEGAL PROTECTION"

There is a restaurant on the ground floor of a five-story building. How to refuse central heating?

Hello! Dismantling central heating will require the development of design documentation (this is a reconstruction); reconstruction requires permission from the architectural authorities; in addition, the heating system is the common property of the owners of an apartment building and the consent of all owners of the premises of the apartment building is required (documented in the minutes of the general meeting).

I have a private house. I want to give up central heating and switch to stove heating. How should I write an application?

In accordance with Article 546 of the Civil Code, in the case where the subscriber under an energy supply contract is a citizen who uses energy for domestic consumption, he has the right to terminate the contract unilaterally, subject to notification of this to the energy supply organization and full payment for the energy used.

You just need to write a letter of termination of the contract, if there are no debts for heat, you actually pay for the heat supply and they turn it off for you.

Is it possible to refuse central water heating in an apartment building, dismantle the heating radiators and not pay for heating services? Question - “Is it possible to refuse central water heating in an apartment building, dismantle the heating radiators and not pay for heating services?” Answer. Reconstruction of residential premises is carried out in compliance with legal requirements in agreement with the local government body based on his decision

It is possible if you follow the following procedure in compliance with the law. In accordance with paragraph 35 of the Rules for the provision of public utilities, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, the consumer does not have the right to dismantle or turn off the heating elements provided for in the design and (or) technical documentation. In accordance with Article 25 of the Housing Code, dismantling a heating element (heating radiator) is a reconstruction of a living space. To comply with Article 26 of the Housing Code (on the grounds for reconstruction), before carrying out dismantling work, it is necessary to submit an application for reconstruction to the local government authorities. The application must also be accompanied by a reconstruction project prepared and executed in accordance with the established procedure. (The cost of a central heating system project for an apartment building starts from 15 thousand rubles. The design organization must have a license for this type of activity). When cutting off the radiators, it is also necessary to remove the heating risers passing through the apartment, which is reflected in the project for remodeling the living space. In accordance with paragraph 6 p 1 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491 (as amended on March 27, 2018) “On approval of the Rules for the maintenance of common property in an apartment building..” The common property includes an in-house heating system consisting of risers, heating elements. In accordance with paragraph 3 of Article 36 of the Housing Code, reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building through its reconstruction. Changes in the composition of common property are carried out by holding a general meeting of owners of residential premises of apartment buildings in the manner prescribed by the Housing Code of the Russian Federation. Taken together, the positive decision of the compulsory health insurance company on approval and the decision of the owners of residential premises will be the basis for making changes to the load of the contract for the supply of thermal energy in the apartment building concluded between the management company and the supplier. After changing the heat supply loads, dismantle the heating element and heating risers in your apartment in accordance with the project. Notify the operating organization and the sales organization in writing about the time of work with a request for the arrival of representatives. Hire a specialized organization to carry out the work. If the compulsory medical insurance refuses to approve the redevelopment, appeal it in court. A positive court decision is possible if there are positive conclusions from examinations on compliance with sanitary standards of the proposed redevelopment, and a construction and technical examination on the proposed changes to the central heating system of the apartment building.

(Clause 1 of Article 26 of the RF Housing Code).

Can I refuse heating, do I have all the necessary documents: consent of neighbors, shutdown project, reconstruction project, permission from the district administration?

Good afternoon. You can refuse heating, but the amount in the receipt will still be received (for MKD). And it's legal. There is a corresponding decision of the Supreme Court of the Russian Federation. You can find it yourself on the Internet.

In 2006, we cut off the heating system in the apartment, we were given a certificate of permission to refuse heating, and now they have filed a lawsuit and issued an invoice for the entire year. The first trial was in our favor because we had permission and the law came out later, and a month later they sued us again. We have a 14-year-old daughter, they now sued her too. Is it worth fighting them further? What are the chances?

If you have permission, you have legalized everything, refused heating, you are not obliged to pay for services not provided to you, the general norms of Articles 32 and 37 of the Law on the Protection of Consumer Rights.

Hello, Elena Alexandrovna. You already have a positive Court Decision and no matter who is declared Defendant in the new claim, proceed by analogy.

Vladislav Alexandrovich, I’m talking about abandoning central heating. Based on your answer, did I understand correctly - those who want to switch to central heating can resolve the issue individually with the supplier, it is not necessary to hold a meeting? Is the supplier obliged to provide the service? Law of July 27, 2010 N 190-FZ Chapter 4 Article 14. If so, then the supplier is interested in resolving the issue through a meeting, because more people will be “hooked on their needle”?

No, this issue must first be resolved at a general meeting of owners of the apartment building. According to clause 4.4 of part 2 of Article 44 of the Housing Code of the Russian Federation, the competence of the general meeting of owners of premises in an apartment building includes: making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner established by this Code, of a cold and hot water supply agreement, respectively , water disposal, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions for the provision of utilities), agreements for the provision of services for the management of municipal solid waste with a resource supplying organization, a regional operator for the management of municipal solid waste

Since the in-house heating system of an apartment building is part of the common property of such a building, and reducing its size, including by reconstructing the heating system by moving risers, radiators, etc. in at least one apartment, is possible only with the consent of all owners of the premises in the apartment building house (Part 3 of Article 36 of the Housing Code of the Russian Federation). Therefore, those wishing to switch to central heating cannot resolve this issue individually.

Dismantling central heating is the reconstruction of a living space. Redevelopment requires permission from the local government (department of architecture and urban planning) in accordance with the provisions of Chapter 4 of the Housing Code of the Russian Federation. The decision will be given if there is technical possibility and the decision of the general meeting.

Is it possible to refuse city heating on an individual basis in an apartment building?

The law does not prohibit us from refusing centralized heating services, but the disconnection itself entails legal formalities.

Can I legally refuse central heating in an apartment while living on the 1st floor of the 10th building?

Hello! Of course, you won’t be able to refuse completely (you won’t have to pay 100%), but you can reduce your payment if you manage to re-equip your apartment by installing an autonomous heating system and dismantling the existing one - provided that this is possible according to technical standards and the commission allows you to do it. But, since you will still have a supply from the “old networks” (partial elements), because the house is not private, then they will still charge you a fee, but not the full amount - I won’t say exactly what right now, but somewhere around 20%.

How to legally refuse heating and hot water supply in an apartment building? Thank you.

Hello! First, you need to find out whether the in-house utility networks allow you to disconnect you from these services without harming other residents.

Can I refuse central heating in an apartment building? Thanks in advance.

Hello! Unfortunately, you will not be able to turn off your central heating if the technical ability is not provided. Good luck and all the best.

Dear Alexander! Formally, the law does not prohibit the transition to other forms of heating. In order to switch to an alternative heating source, it is necessary to obtain the consent of the settlement Administration, since the energy supplier is obviously a unitary enterprise. Write a statement. In my experience, in 90% of cases the Administration refuses. The courts are taking her side.

I own a grocery store, can I stop heating from March 1st? Because it’s already warm in the hall because of the refrigerators. Yes, and I want to save money.

This is not directly regulated by law. It all depends on the conditions (and the wording of these conditions) of the contract you signed, in this case, the supply of heat.

The reasons that make a person want to refuse public heating services can multiply every day. Having your own home, creating your own heating supply is not difficult. But the question of how to refuse heating in an apartment building torments some residents? And since price categories for utilities change with constant intensity, and salaries do not increase, some residents are looking for ways to save money during difficult times of crisis.

Definitely, autonomous heating is much more profitable, because then it becomes possible to control the heating season yourself and set the required temperature. But, here a number of questions arise related to turning off the central heating and creating “your own”.

In this regard, the legislation does not limit residents in their choice of heating-related services. That is, if you want to give up heating, please do so. The main nuance lies in legal problems. And the first problem will be home improvement. The fact is that refusal of heating in an apartment building promises a violation of the unified network. A single heating network has common appliances, pipelines and risers with other apartments. And the result of disconnection can be a serious disruption to the performance and integrity of communications.

This is due to the fact that disconnecting from central heating in an apartment building requires a radical change in the entire heating network; the issue of refusal must be discussed with other residents of the building at a meeting of owners. This is necessary according to the Housing Code of the Russian Federation if the elements of the central heating system belong to the owners of the house. Such an issue can never be resolved individually, because by disconnecting one apartment from the entire communication chain, the total property of the house will be reduced.

A specialist can carry out dismantling only if the decision to disable one apartment was made and approved by the owners of other apartments. If the elements of the heating system were not recognized as common property, then permission from the residents of the entire house is not required. In this case, turning off the heating requires permission from the competent authorities in this matter. When interfering with changes in the central heating circuit, it is necessary to remember that the technical documentation in this case is also subject to changes. It is necessary to make changes to the technical passport, since the law defines this moment as reconstruction.

Article 26 of the Housing Code states that any owner of an apartment in an apartment building has the right to disconnect from central utilities. To do this, a number of documents must be submitted to the approving authorities.

Required documents:

In addition to the reinstallation plan, additional calculations are carried out (thermohydraulic and residual heating). If the changes show good performance, the project will be approved. Otherwise, if there is a negative impact on other apartments, the project will not be approved.

Sometimes giving up central heating in an apartment building is not as simple as it may initially seem. It is very difficult to obtain permission when switching to your own heating, due to the provisions of Federal Law-109 “On Heat Supply”. But this does not mean that you can completely forget about obtaining permission.

There are several types of heating boilers. Gas boilers are one of the options to make up for the lack of central heating in an apartment building. Using a gas boiler in an apartment instead of central heating, you can heat more than 200 m2 of space. In order for gas heating at home to function correctly, it is necessary to carry out installation work using the services of professionals.

Boilers for heating an apartment can be an excellent replacement for a standard battery for those who want to save money on services and get a more compact model of an automatic system. There are also electric boilers for heating apartments, which belong to modern heating systems. Here the task is to choose between a single-phase and three-phase boiler. By completing an electric boiler for heating an apartment, you can also save a lot on installation.

In addition to being economical, boilers are not much different from a conventional battery. The boiler can also be left unattended, it is silent, environmentally friendly and can be placed in any place that will be convenient for the inhabitants of the apartment. But in addition to everything, some types of boilers can also heat water in addition to heating.

To know how to make your own heating in an apartment according to all the rules, you can familiarize yourself with the following points:

Now, if the question arises whether it is possible to refuse heating in an apartment, the answer will not be difficult. At the same time, you should think very carefully before starting this difficult process. You will probably have to deal with neighbors who will not want to endure the inconvenience associated with installing an internal heating network.

Collecting the necessary documents and dismantling the radiators are not all the moments that an apartment owner who wants to disconnect his home from central heating must go through. The costs of all these items separately do not cost much, such as turning off the heating riser, the cost of which does not exceed 500 rubles, but the total expense can “result” in a significant amount for the owner. You shouldn’t be upset about this, these are one-time expenses and the savings in the future will please you more.

Paying for heating definitely ranks first on this list. What we mean here is savings. As mentioned above, saving on costs is the most important reason for switching from central heating to your own. And the advantage of savings here is obvious. In addition, you will no longer have to delve into such expenses as paying for heating in the summer, which is perhaps the most absurd point when paying for heating. By overpaying for such items, people are simply throwing money away. But money is never superfluous.

By adjusting the temperature independently, the owner not only saves money, but also does not force himself to sweat while sitting in a stuffy room on days when heating is not particularly required, but caring authorities have not yet turned off the heating in the city in the spring or turned it on earlier in the fall. Or you can enjoy the warmth when the heating has not yet been turned on everywhere, but it is far from hot outside.

You need to pay attention to such an item as disconnecting services for non-payment.

There is a small point here that suggests that turning off heating for non-payment is impossible according to government decree No. 307 of 05/23/2006. This is due to sanitary standards. But the electricity and gas can be turned off. And here it should be noted that the disconnection of some housing and communal services may affect the independent heating system, with the help of which the apartment is heated.

To sum up the question of how to turn off the heating in an apartment, we can say that this is a labor-intensive process. But this is a very real possibility, which can make the life of an apartment owner easier in the future with such amenities as “own” heating. When deciding to turn off the heating in an apartment, you need to prepare for the implementation of your project and difficulties from the legal and technical side.

You should always remember that unauthorized shutdown will not bring a positive result. All actions must be performed in accordance with the law. By the way, to the question of how to refuse heating in an apartment without problems and investments, the answer is: no way. Such actions are always accompanied by troubles and will certainly make you rack your brains over one or another issue regarding organization and agreements. But the thought that these efforts will benefit the inhabitants of the apartment and will pay off in the near future should not leave the owner.

Increasingly, residents of multi-storey buildings want to disconnect from central heating in favor of autonomous heating of the apartment.

The reason of that - excessive cost of utilities, although the quality does not correspond to this. For this reason, it is important to consider legal methods of switching to autonomous space heating for residents of apartment buildings.

Disconnection from central heating in an apartment building: how to refuse?

The current legislative framework does not impose any ban on residents of high-rise buildings switching to individual heating.

Before disconnecting the apartment from central heating The owner of the apartment goes through a number of legal obstacles.

Autonomous installation cannot do without taking into account the features of landscaping And residential building communication systems. Heating a home is a single whole where all components are important. When one apartment is disconnected from the network, the operation of the technical complex is disrupted, which leads to a shutdown of heating in the house. Therefore, to disconnect the apartment, the building's heating network is redesigned.

The heating network of high-rise buildings is the common property of the residents of the building. Before installing autonomous heating The issue of altering the heating network of the building is being resolved. For this purpose, a meeting of all residents is convened. This condition is expressly stated in the Housing Code of the Russian Federation.

According to Article 36 of the RF Housing Code, through the disconnection of one room of the house from the general heating network, a decrease in the volume of joint household property occurs. There is no way around this without voting with the residents.

The law prohibits self-disconnection from heating systems. The process of dismantling and subsequent installation of heating is carried out by professionals based on the general decision of the residents of the house.

When is residents' permission to refuse centralized heating required?

If parts of the communal heating system have not been designated as the common property of the residents of the house, obtaining permission from the residents to disconnect the apartment from the heating network is not required.

But even in such a situation The law prohibits unauthorized installation of autonomous heating, this requires obtaining permission from state regulatory authorities.

Any interference in such a complex engineering network are manufactured strictly according to the project. The third section of the technical passport of an apartment building contains data on the heating network. Changes affecting these communications are made to the technical passport, since, from the point of view of current legislation, this will be considered a re-equipment.

It is easier to disconnect from central communications if all residents are ready to take this step. In this case General work is being carried out to reconstruct the heating circuit. To carry out these works, design and technical documentation is drawn up in accordance with the requirements of the law. In addition, do not forget about obtaining permission from the residents of the house.

Required documents

Article 26 of the RF Housing Code states that every owner of an apartment in an apartment complex has the right to disconnect from central communications. To do this, the regulatory authorities The following list of documents is submitted:

a statement drawn up in any form;
registration certificate for the apartment;

Photo 1. Sample technical passport for an apartment. The layout of the room and its characteristics are indicated.

documents confirming ownership of real estate;
written consent of all people living in the apartment;
expert opinion on the technical feasibility of re-equipment.

This list of papers is also accompanied by design documentation for reconstruction. The project is developed by experts and agreed upon with regulatory authorities.

Project for the reconstruction of the heating system in an apartment

Project documentation for reconstruction - These are technical papers that cannot be compiled on your own. This cannot be done without the help of specialists. The technical design is based on calculations demonstrating the influence of the components of the heating system located inside the detachable living space on the overall operation of the entire heating structure.

And also performed:

thermal hydraulics calculations;
calculations of residual heating from the riser and sun loungers.

If, based on the calculation results, the possibility of disconnection is established, the finished project is sent for approval to the government agency.

Reference. If changes in communications negatively affect the quality of heating in other apartments, then the project will not pass the approval procedure.

Possible difficulties

The legal procedure for disconnecting a residential building from the centralized heating communications is a simple process, which cannot be said about disconnecting an individual apartment. People face a number of problems.

Such difficulties are directly related to Federal Law-190 regulating the heat supply of residential buildings.

The law prohibits the transition to an individual apartment heating system. This is the main reason for refusal of citizens.

It is still possible to obtain permission, since this Legislative provisions do not prohibit the installation of an individual heating boiler. The document authorizing the conversion of the apartment includes information about the type and model of the boiler.

The regulatory authorities will not interfere with the installation of the boiler, if it fully complies with the requirements of the law.

Attention! There is no point in counting on quick paperwork; the process may take a long time. for many months. This is due to existing technical and legislative barriers. Beginning since 2011 It has become difficult to legally disconnect the apartment from heating communications.

How to cut yourself off from the system: technical aspects. Is it possible to turn everything off yourself?

After all permitting documentation has been received, the transition to the implementation of the plan takes place. Dismantling elements of the general heating system in the apartment made by experienced craftsmen. In this case, it is better not to save, which will help minimize various risks. As soon as the old system is removed, the installation of autonomous heating begins.

This technical task does not cause problems, but at the same time Remember some features related to the installation of boilers and radiators in apartments:

In apartments of multi-apartment residential complexes, the heating system is based on wall-mounted gas boiler. The boiler is located above the heating radiators.

Photo 2. Wall-mounted gas boiler installed in the kitchen. The device serves as the basis for autonomous heating of the apartment.

Water circulation in the system is ensured by a pump that is already installed in the boiler.
The boiler, which complies with legal requirements, is equipped with a separate combustion chamber, as well as safety systems. The pressure in such a system does not exceed 1 MPa, and the water temperature does not exceed the limit value in 95°C.
Recommended to use heating radiators made of aluminum. Such batteries are characterized by high reliability and heat dissipation. The entire pipeline system is made of plastic, which guarantees high reliability and durability of the entire network.
Pipe routing is done based on the characteristics of a particular apartment. A rational technical solution is single-pipe wiring with heating radiators connected in parallel. Although the radial wiring method is optimal from an operational point of view, its implementation is limited by the height of the ceilings in apartments, because to implement this method it will be necessary to raise the floor level.