How to terminate a gas contract: grounds, order and pitfalls

Thinking about radical changes in your everyday life? Have you had any dissatisfaction with the formal nature of any service related to the domestic sphere? Many thought the same thing before terminating the gas contract and finally getting rid of additional agreements. Agree that detailed information on this topic will not be superfluous for you.

Our goal is to ensure that if something happens, you can use the law to your advantage. The article lists the features of gas contracts in the context of consumer rights to terminate them.

As one of the leading industries, the gas sector is based on basic consumer rights. No one has the right to force something to sign or impose a service that the client no longer wants. We have analyzed the market conditions. We analyzed the situation in the context of the rejection of gas agreements. They pointed out the obstacles and ways to bypass them in one optimal plan of action.

Gas market participants

Fuel is supplied to the houses by local gas distribution companies, and it is supplied under a contract by dependent structures of the Gazprom Mezhregiongaz holding. In the first case, we are talking about gas companies, as well as about raygas, regional gas and JSC Gazprom Gazoraspredeleniye.

In the second - about the subsidiaries of Mezhregiongaz, including Gazprom Mezhregiongaz Moscow, Gazprom Mezhregiongaz Saint Petersburg, etc.

According to the current legislation, a contract for the supply of gas can be drawn up by:

• apartment owners in an apartment building;
• homeowners;
• management companies, homeowners' associations, housing construction cooperatives (HSC);
• the above organizations as agents of the owners;
• entrepreneurs.

Gas distribution organizations install and maintain in-house and in-house gas equipment (VDGO and VKGO), design local systems, service low pressure networks, transport fuel from trunk lines to end consumers. Emergency gas services are part of these companies.

The division in the gas sector of Russia happened at the end of the last century. Previously, distribution companies were also involved in the sale of fuel. The reform has led to the fact that now they are engaged in local transportation, and another market participant in the sale of gas and transportation throughout the country.

The second niche was occupied by the gas production company Gazprom. The function of domestic supplies was transferred to its structural divisions.

What do consumers pay for?

Gas contracts for the population are of 2 types: for the supply of gas and for Maintenance in-house gas equipment.

The supply contract provides for payment for a sum of 3 parts. These include the wholesale price for the region, the cost of supply and marketing services of the regional companies within Gazprom Mezhregiongaz and the tariff for transportation via local distribution systems.

Under the second contract, the consumer is obliged to pay for the work of technicians and repairmen of Gorgaz or another territorial company. The purchase and installation of equipment for residential premises is also carried out at the expense of the subscriber.

In turn, the design and construction of street gas networks, preparation of conditions for receiving fuel are guaranteed by the constituent entities of the Russian Federation. Funds are attracted from budgets of all levels and additional funding sources. Any changes in the structure of gas-using equipment are promptly reported by the gas supplier - a regional company from the group of mezhregiongazov.

Refusal to supply gas

The reason for termination is the transition to another type of equipment or fuel, the need for redevelopment. Most often, gas is replaced with another source of energy by companies and owners of individual buildings.

The legal procedure looks as simple as possible and complies with the principles of observance of the elementary rights of citizens, but the difficulty lies in the need to turn off VDGO / VKGO. At this stage, there are many obstacles.

Often they refuse from the contract for the maintenance of indoor equipment itself - without terminating the supply contract. For example, due to insufficient quality of services or their non-implementation. Then they make a mandatory transition to an agreement with another specialized organization.

Requirements to be met by the subscriber

The law allows the cancellation of the gas contract at any time, but if the consumer has already met all the conditions. The contract with the client was terminated after the fulfillment of the requirements from NS. 51Government Decree No. 549, which regulates the sphere of public services.

The state obliges the subscriber:

1. Pay for the consumed gas in full.
2. Contact the organization with which an agreement has been concluded for the maintenance of VDGO / VKGO.
3. Pay for work on disconnecting from the gas system of intra-apartment or intra-house equipment.
4. Confirm the existence of an act on the shutdown of gas equipment, with the date of shutdown and signatures of both parties.

The contract is considered terminated from the day the VDGO / VKGO is disconnected from the gas network. The work related to the shutdown is paid to the gas supplier or the gas distribution organization - if such a moment was stipulated in the maintenance agreement.

Procedure and documentation

The subscriber should take a passport, receipts and documents for the apartment - in order to present them at Gorgaz, local company from the structure "Gazprom Gazoraspredelenie" or another gas distribution organizations. The company will carry out technical work on the shutdown. All co-owners of an apartment or house must agree for this work to take place.

Then the consumer needs to come to the territorial site of the subsidiary company of the holding, Gazprom Mezhregiongaz. The institution will accept a written application. The act should be supplemented with receipts of payment and a conclusion on the shutdown of gas. You must have an identity card with you.

Difficulties in refusing gas supplies

The supplier company cannot refuse to terminate the gas supply contract if all requirements are met. The organization has the right not to send notifications within a month or the period specified in the contract. As soon as the allotted period ends, the consumer will have the right to go to court - according to h 2 tbsp. 452 of the Civil Code of the Russian Federation.

Refusals happen due to non-payment of the consumed gas, after which you will either have to agree with the amount or prove that the invoice was issued inappropriately. In case of refusal, it is no longer necessary to wait for the expiration of a 30-day or other established period, but you can immediately go to court.

These are not the main stumbling blocks in the field of gas contracts. The greatest difficulties arise when there is a question of disconnecting the entire apartment building. Such a need arises mainly due to the emergency state of the gas equipment.

Then the interested owners seek the consent of the majority and elect a representative. The latter turns to the supplier and, if necessary, defends the common interests in court.

It also happens that the management organization or the HOA does not allow to turn off just one apartment, but there is no individual contract.

Termination of the maintenance contract

The obligation to conclude agreements on maintenance of gas equipment is provided for Government Decree No. 410 of May 14, 2013. Refusal of TO VKGO provides for an appeal to the gas distribution company, and termination of the agreement on VDGO is similar, but through the management company, HOA, TSN or ZhSK. Intra-apartment equipment includes, among other things, gas stoves, gas boilers and water heaters.

A person can completely abandon the agreement if there is a switch to another type of fuel. If there was no refusal of gas, then the termination of the contract for the maintenance of gas equipment is permissible only if another company has already been selected to fulfill the corresponding obligations.

The change of the service organization can also be carried out by the management company, an association of owners or a cooperative - on behalf of the owner of the apartment. Anyone who does not have a gas supply contract initially has the right to withdraw from the contract.

Grounds for termination of the agreement

Since the decision of the Supreme Court came into force AKPI No. 13-826 dated 10.12.2013, the provisions on the exclusive right of gas distribution companies to install, repair, and maintain in-house and in-house gas equipment have become invalid. The decision was supposed to influence the development of competition in the field.

The State Housing Inspectorate has achieved the conclusion of contracts for the maintenance of VDGO and VGKO in almost 100% of cases. The successful result of her work, however, did not in any way affect the positions of gas distribution and other specialized companies.

In almost all cases, contracts were drawn up with organizations of the first type. At the same time, the share of JSC Gazprom Gazoraspredeleniye has grown significantly.

Despite the positive changes, citizens and organizations are dissatisfied with the quality of services:

• the frequency of maintenance does not meet the requirements;
• THAT is actually absent;
• there is no way to agree on the cost of work and individual conditions for servicing VKGO.

Subscribers also note that prices for services are growing faster than inflation. The situation is local in nature and depends on the economic performance of the region.

The consumer has the right to refuse to fulfill the contract if he considers it improper to fulfill it by the company. The grounds for termination are refusal to supply gas and the right to unilateral actions to change the service provider for VKGO.

Termination of the maintenance contract

First, a notification is sent to the service provider. A distinction should be made between the procedure for refusing to fulfill the contract and for terminating it.

To refuse to execute, we act as follows:

1. We send a notification in which we refuse to fulfill the agreement. We motivate our action by the fact that the service / services were absent or of poor quality.
2. In view of the binding nature of the contract for gas consumers and unwillingness to fulfill the current agreement, we are laying down an agreement with another company that has the right to perform similar activities.
3. After refusing to fulfill the contract, we do not use the services and do not pay for them. If the subscriber uses them further, the contract will be considered valid.

To terminate the contract, customers send a written notice with its planned date - no earlier than 30 days from the date of dispatch. It states that an agreement has been concluded with another authorized organization. Ideally, use the option with a valuable letter with an inventory of the attachment and a return receipt requested - in order to comply with the pre-trial dispute resolution procedure.

Thus, the procedure includes 2 components: concluding a new contract and sending a notification. This does not always end there. In the event of an unmotivated or illegal refusal, you will first have to send a claim to the gas distribution company. If there is no answer, then it is worth writing a claim and contacting the district court at the address of the company.

Pitfalls when canceling a contract

Government Decree No. 410 in p. 41, subparagraph "d" reserves the right for the customer of the service to terminate the contract upon request. The consumer can do this unilaterally and in cases that are established by the contract itself and the current norms from the Civil Code, Government Decisions.

In the same time NS. 1 tbsp. 450.1 of the Civil Code of the Russian Federation states that the agreement loses its force at the moment when the contractor receives notifications from the customer (and vice versa), but only unless otherwise provided by the contract and other laws. For the consumer, this means that any clause of the contract can nullify the right to unilateral refusal. The subscriber will have to refer to the rule of the unconditional right to an unmotivated refusal.

Clause 65 of the PP No. 410 provides for the termination of the agreement on maintenance of the VKGO on other grounds provided for by law. The client will be able to terminate the gas equipment service contract as soon as he finds a reason to refer to. Theoretically, you can refer to Law No. 2300-1 "On Protection of Consumer Rights". The court will be able to recognize the contract as invalid.

According to Art. 782 of the Civil Code of the Russian Federation consumers pay for the services received and reimburse the costs incurred by the company before the failure occurred. At the same time, according to the information letter Presidium of the Supreme Arbitration Court No. 104, the customer must compensate the contractor for the costs that he incurred for the services not yet provided until the moment of unilateral withdrawal from the contract.

How to recalculate for gas?

Before giving up gas, attempts are also made to obtain compensation. Gas charges are not always correct, and we are talking primarily about "communal apartments" for dwellings without a meter. Incorrect prices due to the inconsistency of the number of tenants with the indicators in the documents is a reason for revising the cost. An incomplete provision of services is the same.

For apartments without meters, 2 types of calculation are simultaneously applied. The need for heating is taken into account based on the area of ​​housing (m³ of gas per m²). For theoretical calculation of fuel consumed for cooking and heating water, the ratio of cubic meters of gas to the number of people is used.

You will not have to pay for extra cubic meters per person if there is evidence that he does not live in the apartment or was absent for a certain period of time. It is better to inform about a long trip in advance.

You can ask for a reduction in the cost of the supplied gas, including after it has been paid for, if there is documentary evidence of your position:

• tickets;
• marks in documents;
• a copy of the contract with the hotel;
• hospital discharge.

Elimination of communication problems is the responsibility of the gas service under the Gorgaz or other distribution organization. The structure deals with emergency dispatch and maintenance.

As a result of their possible mistakes or delays in the performance of work, downtime occurs, and in this case, all those who do not have gas meter. The correctness of charges also depends on the actions / inaction of the gas distribution company. For this, you also need to demand a discount.

Conclusions and useful video on the topic

Tips and general information about maintenance contracts for VDGO and VKGO, why they need to be signed and what to look for:

An overview of the differences between maintenance and repair, for which you should pay extra:

Actions during the reception of employees of the gas company, as well as services provided under the contract:

The population deals mainly with 2 types of gas contracts: for the supply of gas and for the maintenance of the VDGO or VKGO. The first is primarily a transaction, and the second is just an additional obligation.

The client will receive the right to refuse the second only when he terminates the gas contract and pays for the services. Sometimes they go to the courts. The consumer will avoid difficulties if he uses his legal rights correctly and consistently.

Do not hesitate to ask questions, and if you yourself terminated the gas contract, then tell us what you did directly. Describe your reasons for rejection. Do not pass by the discussion, participate in the exchange of useful information.