Despite the fact that the legislation establishes the obligation of citizens to pay utility bills, far from all seek to fulfill it. Accordingly, a debt arises, sometimes reaching huge amounts. In such situations, service companies have to take drastic measures - to put stubs on sewers to debtors. Is it legal ? We will find out the answer to this question further.
Fight with defaulters
Each apartment in any multi-storey building is provided with water, electricity, sewage. When a debt is created, notifications about this are sent to residents with a warning about the adoption of measures. However, such notices do not always apply to defaulters.
To disable certain systems in the apartment, access to it is necessary. As a rule, defaulters do not allow representatives of service companies. Accordingly, the only way out is to appeal to the court.
Meanwhile, relatively recently, ZhEU began to use a new rather radical method of dealing with defaulters: installing a stub on the sewer. For debtors, the legality of this measure seems highly doubtful.
It is worth saying that for its implementation, the representatives of the housing department do not need access to the apartment. The validity of the sewerage stub for debtors is confirmed by a number of regulatory acts (they will be discussed later).
Features of the measure
According to the current legislation, service companies can only temporarily suspend the supply of one or another raw material (water, electricity). At the same time, such measures are applied to persons whose debts have been formed for more than six months.
Meanwhile, another way to deal with defaulters has recently spread. Installing a stub on the sewers to debtors is a very effective measure. The fact is that in fact the maintenance of the apartment is not suspended. However, residents will not be able to use water.
For debtors, a drain plug is an obstacle to using the bathroom and faucet in the kitchen. Because of it, sewage is not removed from the sewer into a common riser.
Operating principle
Sewer plugs for debtors are special technical devices that limit the removal of drains from the apartment. Residents will be able to feel the effect of such funds quickly enough.
As practice shows, on average about 300 liters of liquid waste are delivered to a common riser per day from one apartment with three citizens living in it. It must be assumed that the stub for the sewer for the debtor can turn into a real problem. The first couple of days, it’s still possible to use the amenities, but in the following days it will be very difficult, since all stock will begin to rise from the barrier and eventually go back to the apartment.
Kinds
Currently, solid or trellised plugs for sewage are used. For debtors , in fact, the type of device does not really matter.
However, with lattice plugs it will be a little easier to survive the sanctions of the service company. Such a device allows liquid runoff to pass through, while solid waste retains it. A solid plug will prevent all drains from flowing out.
Installation Nuances
Installation of plugs on the sewer to debtors is carried out in compliance with a number of requirements. First, the sewers of neighboring apartments should not be affected. The conclusion of drains should overlap exclusively for one apartment.
Before putting a plug on the sewer to the debtor , the absence of branches in the pipe is checked. Representatives of the housing department or the management company must collect all available information about the state of the sewer. The outlet to the pipe must be safe.
Notice
Is installing a stub on sewers legal for debtors without their notification? Not. Without fail, the non-payer must be informed of upcoming work.
If, nevertheless, the device was installed, and the owner of the apartment was not notified, he has the right to challenge the actions of the service company. There are a lot of such cases in judicial practice.
Installing plugs on the sewer to debtors without notice entails extremely negative consequences for the service organization. Of course, the court will not write off the debts, however, it may impose an obligation to compensate the owner for the damage (including moral). Subsequently, the non-payer may direct the amount of compensation to pay off the debt.
The notice is sent to the owner in writing. In the notification, the entity is warned about restricting or suspending the provision of the water disposal services if the debt is not paid within 30 days from the date of receipt of the letter. Hand the notice in person into the hands of the signature or send by registered mail with a notice of receipt. Other means of communication may be used, but they must provide confirmation of the receipt of a warning by the non-payer. Otherwise, it will be problematic to prove the legitimacy of their actions to the service company.
Action algorithm
Before installing the plug, the specialist of the service organization studies the connection scheme of sewer pipes and inlets to a particular apartment. This is necessary in order to know the number of drains and, accordingly, the number of plugs. If there are several sinks, then installing one plug will not bring the expected effect - tenants will use another sink.
After examining the sewer connection diagram, the specialist determines the type of device that will be used. In addition, a specific pipe section is installed into which the plug will be inserted. As a rule, the main riser is used. It goes from the general sewer to the toilet.
After preparation, the actual installation begins. A special manipulator, LEDs and a miniature camera are launched into the pipe. The devices are controlled by a specialist operator. After performing the necessary manipulations, the plug is installed in the selected place.
Removing a fixture
Some non-paying owners, not wanting to remain without amenities, independently eliminate the stub in the sewer. Are debtors legal? In principle, their actions cannot be called unlawful.
Of course, the best way to get rid of inconveniences is to pay off your debt. In this case, the specialists of the service organization will remove the stub themselves. But, unfortunately, some owners choose another method.
You can remove the plug from the sewage system mechanically or chemically.
In the first case, it is necessary to disassemble the area adjacent to the location of the device. Next, the stub is removed manually. The second option involves the use of special tools, for example, for cleaning pipes. This tool is the "Mole". However, it must be said that it is effective if a metal plug is installed. It should be borne in mind that the effect of the drug will come only after a certain time (after a week, and in some cases more).
There is another alternative: you can contact a specialized company that deals with the installation and cleaning of sewers. However, the cost of the work can be quite high. In this case, it is really easier to pay the debt.
Features of the mechanical method of removing the stub
This option is advisable to use if the toilet is installed recently or bolted. If the plumbing fixture is old and filled with mortar, then you should not even try to remove it.
As a rule, in modern apartments, toilets are bolted. Accordingly, it will not be difficult to dismantle the plumbing fixture. It is necessary to unscrew the bolts and disconnect the socket. In the first connection after it there will be an exit to the riser. On this site you can see the stub.
When performing work, it is important to be careful. The plug must be pulled out and not pushed further into the pipe. Otherwise, the entire sewer riser will be blocked.
If the branch length is short, the plug can be gripped with pliers. If the pipe is long, you have to make a hook. You can use a fishing harpoon (if any). It is necessary to hook the plug and carefully pull it out. In this case, you must try to prevent deformation or damage to the device, otherwise it will be difficult to pull it out.
Normative base
Let us return to the question of whether it is possible to put stubs on sewers to debtors . It was said above that the legality of such a measure is confirmed by a number of normative acts. Consider some of their provisions.
It is worth saying that at the initial stages of introducing this measure into practice, the authorities of some regions opposed it. However, over time, the attitude of the city administration towards this issue began to change.
Turning off the water drain, blocking the sewer pipe does not make the living space unsuitable for living. Accordingly, such actions per se do not contradict normative acts. However, the legality of the implementation of this measure is ensured by proper notification of the apartment owner of the proposed activities.
Regulatory acts confirming the legitimacy of installing the plug include the Housing and Civil Codes, as well as government regulations.
As established in Article 155 of the Housing Code, persons living in residential premises are required to pay utility bills in full by the due date. The Government Decree of 2011 (No. 354) stipulated the possibility of applying restrictive measures in relation to entities evading duties related to the maintenance of housing. At the same time, it is allowed to suspend the supply of utilities, except for heating and cold water supply. There are no restrictions regarding sewage.
The need for measures was due to the accumulation of huge amounts of debt. So, at the end of 2012, the debt of owners to utilities reached 113 billion rubles. The authorities were forced to take radical measures to combat the malicious defaulters.
Additional Responsibility
The Government Decree of 2006 (No. 491) stipulates that the costs incurred by the service organization for debt collection activities are borne by the debtor. In addition, in accordance with current regulations in the field of public services, unauthorized interference in the engineering systems of an apartment building entails the responsibility of the perpetrator to compensate for losses incurred during the restoration of the network.
As for the self-removal of the stub, these actions cannot be considered illegal. The fact is that the owner carries out all the manipulations from his apartment.
Conclusion
Undoubtedly, the formation of debt is an unpleasant phenomenon not only for serving enterprises, but also for the owner of the premises. The use of various measures by the utilities to recover accumulated amounts is quite justified. Indeed, the law establishes the obligation to pay bills.
Meanwhile, the causes of debt can be different. This is not only a deliberate avoidance of utility bills. It is not uncommon for an owner to have financial problems and is unable to pay bills for objective reasons. In such cases, it is advisable to contact the service company and explain the situation. Together with company representatives, you can create a debt repayment schedule. Some owners manage to agree on a deferment.