Gas connection is one of the most important points in arranging your own home. But in order to rekindle your family hearth, first of all, you need to obtain permission to connect to the gas pipeline, which is not so easy to implement.
What is primary subscriber consent? What if you want to make it cheaper, but it turns out either expensive or through someone else's site? Who should I ask if you are pulling gas from the main line? The future owners always have a lot of questions at the initial stages of the process, but we will try to answer them in as much detail as possible.
The content of the article:
- What objects are allowed to be gasified?
- The initial stage of gasification
-
The main subscriber is an individual
- Primary subscriber authority
- Connection with power assignment
- Obtaining permission from the administration
- Conclusions and useful video on the topic
What objects are allowed to be gasified?
Before you start bothering about supplying gas to an object, find out if this can be done.
Gasify, according
FZ number 69 you can: private houses, as well apartment buildingsput into operation; plots with buildings not yet put into operation, at the stage of their design completion; summer cottages and garden houses if there is a capital structure (foundation); organizations.At the local gas distribution company, you can clarify whether and under what conditions it is possible to connect your building to the gas supply.
It is possible to carry gas to the house even before the end of its construction, however, the gas will be started up only after the building is put into operation.
Based PP RF No. 549, it is impossible to connect to the gas supply network:
- non-capital buildings that do not have a foundation, that is, garages, summer kitchens, greenhouses, and so on;
- some apartments in an apartment building, provided there is no gas throughout the building;
- country and garden houses without a capital foundation and registration in the USRN.
If you find your object in the upper list, congratulations, you can start the process of preparing and collecting documents.
The initial stage of gasification
So, in order to connect a house to the gas supply system, you must first determine whether there are technical capabilities for this and obtain all the necessary permits.
If you do not know who oversees the local pipe networks, contact your local government or ask gasified neighbors if there are any.
Next, you need to submit a request to the GDO, best of all personally, whether there is any available gas in your area at all and who is the owner of the nearest gas pipeline and how best to connect to it. If you connect to the main pipeline, approval is required with the gas distribution company, but it is possible that the gas pipeline network must have another owner. It can be a local municipality, private person, legal entity, SNT.
Before the tie-in, it is necessary to determine exactly who owns the particular section of the gas pipeline to which you want to join. From the tie-in point, gas branches usually always belong to individuals or legal entities
The division is something like this:
- Transportation lines and compressor stations, as well as branches of gas lines to settlements are owned by the gas company.
- The pipelines running through the streets of a settlement may be owned by a GDO, a local municipality, an organization, a collective assembly of owners, or an individual.
- Gas line on the owner's land from the tie-in point to the distribution main to connection to gas-consuming appliances is the property of the owner of the land plot or his assignee.
Thus, having identified the owner and clarifying the possibility of connection by load in the GDO, the next step will be to issue a permit for the tie-in.
If you are not the owner of the gas pipeline to which you are connecting, you need to obtain permission from your neighbor or municipality to conduct gas if they own a branch. Permission is the primary and necessary part of the process of starting a process connection. This commitment is fixed in part 2 PP RF No. 1314, in clause 8, which contains a list of documents to be submitted for obtaining technical specifications.
According to him, the consent of the main subscriber is required for technological connection to pipes that are in his jurisdiction and possession, even if he himself does not use this natural resource.
In no case should an unauthorized tie-in into someone else's gas branch be carried out without agreement with the owner of the linear facility, this is illegal
Also, according to the same rules in p. 34 indicates that the consent of the main subscriber is necessary when drawing up technical specifications and submitting an application for connection. Moreover, if the gas-water pipe passes through someone else's site, then also to carry out the construction of a branch on its territory.
And if there should be no problems with the local municipality, as well as with SNT, which have no right, all according to the same rules to refuse, then with private owners there are often difficulties coordination.
Let's take a closer look at this moment.
The main subscriber is an individual
Article 209 of the Civil Code of the Russian Federation states that the rights to use the property belong to its owner, according to Article 210 the owner bears the burden of responsibility for his property. And according to the article 304 of the Civil Code of the Russian Federationif the property was used without the knowledge of the owner, he has the right to demand that all violations be eliminated.
Previously, it should be clarified whether the pipe officially and by right of ownership belongs to a specific subscriber. It often happens that a gas pipeline (which does not go through a section) was extended at the expense of a legal or an individual, however, it was not registered in possession and is completely on the balance sheet of the gas service, or municipality.
If the gas-water pipe to which you plan to connect is owned by a private person, organization, partnership or legal entity, you must obtain their written consent.
The form of such a document is arbitrary, but nevertheless, some organizations may submit individual requirements for the approval of individual moments of registration, therefore this question is best clarify
You do not have to look for how such a document is filled in, the consent of the main subscriber to connect the gas is not written according to the established pattern, although the content is approximately the same.
In addition, it is recommended to issue a notary receipt, if possible.
The general information of the permit document contains the personal data of the owner of the pipeline - full name, exact address of residence and location of the object of approval, list, date of signing the contract.
Very often, the owner of the pipeline requires compensation for the tie-in, the amount of which is contractual, the law is not established. If you have made a full or partial payment, this fact must be documented by taking a receipt.
Also, if the pipe is with a neighbor, or it is so closer and more convenient to drag it through, it is also necessary to issue an agreement to laying a gas pipeline along its section, and in addition, discuss the possibility of reconstruction of communications, their inspection and repair.
If the main subscriber does not agree to the sidebar, you can try to appeal his decision in court, but as a rule, such hearings for the plaintiffs end in a senseless waste of time and money.
If we are talking about the main subscriber, as a collective community, the same procedure applies, but the property is regulated Art. 246 and 247 of the Civil Code of the Russian Federation, in which it is indicated that it is possible to own and use common property by agreement of all owners. If agreement is not reached, the decision can be appealed in court.
Primary subscriber authority
Unfortunately, the owner's consent to gas pipeline tie-in not always enough. The fact is that the official owner could change during the use of the gas pipeline, which means that the new owner, who did not re-register the gas pipeline, does not have the right to issue permits It has.
To restore or re-register the ownership rights of an object, it is necessary that a person applies to the GDO with the following documents:
- a statement written in the form;
- a copy of the title deed or any other document confirming his ownership of this property;
- a power of attorney, if the renewal is carried out by a person authorized by the applicant;
- TU for technological connection of its facility to gas supply networks;
- a copy of project documents;
- a copy of the contract with the supplier.
Or other documents that somehow confirm the fact of registration of connection to networks, if there is no act of connection.
When changing the owner of real estate on the site of which the gas branch of interest is located, before obtaining an agreement you will have to reissue documents for the new owner or provide other documents certifying the right of ownership of the new host
The complete list must be clarified with the organization. And only after that you can proceed with the execution of the agreement.
Connection with power assignment
According to PP No. 1314who owns the gas-water branch for at least 5 years, a person, natural or legal, can carry out an agreement with the owner of the branch to connect to its pipes with the assignment of capacity. Of course, if there is such a technical possibility.
Such an agreement is relevant if the gas pipeline load is not enough for your facility along the main line.
The technical feasibility is determined by the contractor of the connection, that is, the GDO, however, subject to the following conditions:
- With an agreement reached with the main consumer. This is called an assignment agreement.
- If both parties received technical specifications confirming such a possibility.
- In the case when there is a possibility of such a connection.
When making this type of agreement, both consumers, present and future, send a request to the contractor.
This document should contain such data as:
- Full name of the assigning owner or the name of his organization;
- the exact address of the location of the gas-water branch;
- volume of assigned power;
- connection points;
- Full name of the new consumer or the name of the organization.
The contractor makes a decision within 22 days from the date of receipt of the application, in writing and this service is provided free of charge.
When making the assignment of gas power, first agree with the main consumer (individual or legal entity) the connection fee and make such an agreement notarized
However, there are also limitations. For example, a real consumer must replace all his gas equipment with a less powerful one, taking into account gas consumption by a new consumer, and it is also imperative to make all the necessary changes to the design documentation.
Thus, this option should also be considered when connecting to a gas pipeline, if there is no other option.
Obtaining permission from the administration
Coordination with the municipality is an easier question. On the portal of the State Services it is indicated that it can be issued in person, through a representative or by mail, and this is absolutely free.
To apply, you must submit the following package of documents:
- Application filled out according to the standard model. Here is an example Sample application.
- Copies gas supply project.
- Copies of ownership, use or lease certificates.
- Identity documents for individuals.
- Power of attorney if the agreement is not ordered by the owner of the object.
- For legal entities, copies of documents of the organization and the right to represent the interests of the company.
The grounds for refusal may be incorrectly executed documents or their incomplete submission, as well as other reasons, which must be indicated by the representatives of the municipality in writing. The refusal can be appealed.
In case of refusal of gasification, coordinated with the municipal authorities, be sure to take a written justification of the reason why you are not allowed to tap into the existing gas pipeline
By the way, a request for gas pipeline tie-in permit is carried out according to the sample that is on the portal.
You can find out more about the procedure on the State Services portal, in the MFC or in the administration of your region.
Conclusions and useful video on the topic
Positive experience in a dispute with the owner of the gas pipeline:
Thus, it is quite simple to issue a gasification permit through the administration or by obtaining the consent of the main subscriber. The main thing is to collect all the necessary documents and competently carry out the necessary approvals.
Have you had any experience in coordinating a tie-in to a gas pipeline with the main subscriber? Or maybe you have questions about the topic of the article? Share your stories, leave questions and participate in the discussion of the material in the block below.