How to terminate a gas contract: reasons, procedure and subtleties for terminating gas contracts

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

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

The gas sector, as one of the leading industries, is based on the basic rights of consumers. 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 examined the situation in the context of the rejection of gas agreements. They pointed to obstacles and ways to get around them in one optimal plan of action.

Gas market participants

Local gas distribution companies supply fuel to the houses, and the dependent structures of Gazprom Mezhregiongaz Holding deliver it according to the agreement. In the first case, we are talking about gorgaz, as well as about ryegaz, regional gas and JSC Gazprom gas distribution.

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

Gas reaches consumers after transportation through main pipelines, with movement through compressor stations and supply through local branches

Under current law, a gas supply agreement can be drawn up by:

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

Gas distribution organizations mount and service gas and gas equipment (VGGO and VKGO), design local systems, service low pressure networkstransport fuel from trunk lines to end consumers. Gas emergency services are part of these companies.

Gas distribution organizations act as a link between producers and suppliers of gas on the one hand, and consumers on the other, and maintain their own gas infrastructure

The separation in the gas sector of Russia happened at the end of the last century. In the past, distribution companies also sold fuel. The reform led to the fact that now they are engaged in local transportation, and another market participant - in the sale of gas and transportation in the country.

The second niche was occupied by the gas producing company Gazprom. The function of domestic deliveries passed to its structural unit.

What do consumers pay for?

There are 2 types of gas contracts for the population: for the supply of gas and for Maintenance domestic gas equipment.

The supply contract provides for payment for the amount of 3 components. These include the wholesale price for the region, the cost of the supply and marketing services of a regional company as part of Gazprom Mezhregiongaz, and the tariff for transportation through local distribution systems.

The subscribers of Gazprom Mezhregiongaz Smolensk have the opportunity to follow the charges and generate receipts in the Personal Account on the website

Under the second contract, consumers are obligated to pay for the work of technicians and repairmen of Gorgaz or another territorial company. The acquisition and installation of equipment for residential premises is also carried out from the subscriber’s funds.

In turn, the design and construction of street gas networks, the 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 sources of financing. Any changes in the structure of gas-using equipment are promptly reported by the gas supplier, a regional company from the group of interregional gas producers.

Refusal of gas supplies

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

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

After paying for the consumed gas and fulfilling all the conditions for terminating the supply contract, it remains only to accept the gas workers to turn off the equipment

Often, they refuse from the contract for servicing domestic equipment itself - without terminating the supply contract. For example, due to insufficient quality of services or their failure. Then they make the obligatory transition to an agreement with another specialized organization.

Requirements to be Subscriber

The law allows the cancellation of the gas contract at any time, but if the consumer has already complied with all the conditions. The contract with the client is terminated after the requirements of p. 51 Government Decision No. 549, which regulates the scope of public services.

The state obliges the subscriber:

1. Pay for gas consumed in full.
2. Contact the organization with which the agreement on maintenance of the VDGO / VKGO is concluded.
3. Pay for work to disconnect from the gas system of the 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 the signatures of both parties.

The contract is considered terminated from the date of disconnection of the VDGO / VKGO from the gas network.For work related to shutdown, they pay a gas supplier or gas distribution company - if such a moment was agreed in the maintenance agreement.

Procedure and documentation

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

In the event of a gas equipment malfunction in an apartment building, it is advisable to refuse gas supplies, but the apartment owners may have disagreements due to the financial issue associated with this

Then the consumer needs to come to the territorial section of the dependent company of the holding company Gazprom Mezhregiongaz. The institution will accept a written statement. To the act should be added receipts of payment and a conclusion on gas shutdown. You need to have an identity card with you.

Difficulties in refusing gas supplies

The supplier company cannot refuse to terminate the gas supply agreement if all the 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 appeal to court - according to h. 2 tbsp. 452 of the Civil Code.

Failures occur due to non-payment of gas consumed, after which you will either have to agree with the amount or prove that the invoice was issued illegally. In case of refusal, it is no longer necessary to wait for the expiration of a 30-day or other specified 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. This need arises mainly due to the emergency state of gas equipment.

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

The supplier has the right to check gas meters: this way the company determines whether all gas has been paid for and whether to agree to terminate the agreement in this situation

It also happens that the managing organization or the HOA does not allow disconnecting just one apartment, but there is no individual contract.

Termination of a maintenance contract

The obligation to enter into gas equipment maintenance agreements is provided for Government Decision No. 410 of 05/14/2013. The refusal from TO VKGO provides for an appeal to the gas distribution company, and the termination of the agreement on VDGO - similarly, but through the management company, HOA, TSN or ZhSK. Intra-apartment equipment includes gas stoves, gas boilers and columns.

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

A management company, a partnership of owners or a cooperative can also change the service organization on behalf of the owner of the apartment. Initially, everyone who does not have a gas supply contract 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 12/10/2013, the provisions on the exclusive right of gas distribution companies to install, repair, and also maintain internal and internal gas equipment were no longer valid. The decision was to influence the development of competition in the field.

The difference between the agreements on VGGO and VKGO consists in the fact that the responsibility of the owner of a separate apartment includes devices of the second category, the figure also indicates the necessary frequency of inspections

The State Housing Inspectorate has achieved the conclusion of maintenance contracts for VGGO and VGKO in almost 100% of cases. The successful result of its work, however, had no effect on 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 Gas Distribution 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 virtually absent;
• there is no way to agree on the cost of the work and individual conditions for the maintenance of the VCGO.

Subscribers also note that prices for services are rising ahead of inflation. The situation is local in nature and depends on the economic indicators of the region.

The consumer has the right to refuse to fulfill the contract if he considers the company to be improper. The grounds for termination are the refusal of gas supplies and the right to unilateral actions to change the service provider for the ESCO.

Termination of the maintenance contract

First, a notification is sent to the service provider. It is necessary to distinguish between the procedure for refusing to fulfill the contract and for its termination.

Schematic representation of the networks VDGO and VKGO: the owner of the apartment lays down the contract and misses inspectors for maintenance of both groups of equipment

To refuse execution, proceed as follows:

1. We send a notice in which we refuse to fulfill the agreement. We motivate our action by the fact that the service / services were absent or were of poor quality.
2. Due to the obligation of the contract for gas consumers and the unwillingness to fulfill the current agreement, we are arranging an agreement with another company that has the right to 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 shipment. It reports that an agreement has been made with another authorized organization. Ideally, use the option with a valuable letter with a description of the attachment and a notification of delivery - in order to comply with the pre-trial procedure for the settlement of disputes.

Thus, the procedure includes 2 components: the conclusion of a new contract and the sending of a notification. Things do 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 you should write a lawsuit and contact the district court at the company’s address.

Pitfalls upon cancellation of the contract

Government Decision No. 410 in paragraph 41, subparagraph "e" reserves the right to terminate the contract upon request by the customer of the service. The consumer can do this unilaterally and in cases that are established by the contract itself and the applicable standards of the Civil Code, Government Decisions.

Gas distribution companies sometimes offer their services themselves: the consumer should understand the illegality of coercion to sign an agreement and refuse to break it

In the same time Clause 1, Article 450.1 of the Civil Code states that the agreement loses its force at the moment when the contractor receives notifications from the customer (and vice versa), but only if otherwise was not established by the contract and other laws. For the consumer, this means that any clause of the contract can negate the right to unilateral refusal.The subscriber will have to refer to the rule on the unconditional right to an unmotivated refusal.

Paragraph 65 of PP No. 410 provides for the termination of the agreement on TO VKGO on other grounds provided by law. The client will be able to terminate the contract for the maintenance of gas equipment as soon as he finds a basis on which to refer. Theoretically, you can refer to Law No. 2300-1 “On the Protection of Consumer Rights”. The court will be able to invalidate the contract.

In accordance with 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. Moreover, according to the newsletter Presidium of the Supreme Arbitration Court No. 104, the customer must compensate the contractor for the expenses that he incurred for services not yet provided until the moment of unilateral cancellation of the contract.

How to recalculate for gas?

Before giving up gas, attempts are also being made to obtain compensation. Charges for gas are not always obtained correctly, and we are talking primarily about "communal" for homes without a meter. Incorrect prices due to the mismatch of the number of residents with the indicators in the documents is a reason for revising the cost. The provision of services in part is also.

If the supplier is frightened by outages, courts or seizure of property, one should reasonably communicate with him, provide evidence of his innocence

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

You won’t 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 some period of time. Long departures are best reported in advance.

As for the reduction in the cost of gas supplied, including after payment, you can ask if there is documentary evidence of your position:

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

The elimination of communication problems is the responsibility of the gas service under Gorgaz or another distribution organization. The structure is engaged in emergency dispatch and maintenance.

As a result of their possible mistakes or delays in the execution of work, a simple one arises, and in that case, all those who do not have to pay for gas not received gas meter. Accuracy of accruals also depends on the actions / inaction of the gas distribution company. For this, too, you need to claim a discount.

Conclusions and useful video on the topic

Tips and general information about contracts for maintenance of the VDGO and VKGO, why they need to be signed and what to pay attention to:

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

Actions during the reception of gas company employees, 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 VGGO or VKGO. The first of them is primarily a deal, 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 correctly and consistently uses his legal rights.

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