Publication date: 11.07.2024
Procedure for executing contracts for the provision of housing and communal services
Housing and communal services are an important component of ensuring comfortable living conditions and proper functioning of buildings. Housing and utility agreements regulate the legal relationship between consumers and service providers, setting out the rights and obligations of the parties, the procedure for providing services, payments and other important aspects. In this article, we will review the main stages of execution of housing and utility services agreements, the regulatory framework, requirements to the agreements and the procedure for their conclusion.
Legal and regulatory framework
The procedure for entering into housing and communal services agreements in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Housing and Communal Services":
- Defines the legal, organisational and economic basis for the provision of housing and communal services, establishes the rights and obligations of consumers and suppliers, and the procedure for concluding contracts and making payments for services provided.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes the rights of consumers, the obligations of service providers and the procedure for handling consumer complaints.
Civil Code of Ukraine:
- Establishes the general legal rules governing the conclusion, execution and termination of contracts, including contracts for the provision of housing and communal services.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Provision of District Heating, Cold and Hot Water Supply and Wastewater Disposal Services":
- Establishes requirements to the quality and procedure for the provision of district heating, cold and hot water supply, and sewerage services.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Use of Electricity for the Population":
- Regulates the provision of electricity services, sets out requirements for the quality of services and the procedure for making payments for electricity consumed.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for Provision of Gas Supply Services to the Population":
- Defines requirements for the quality and procedure of gas supply services, establishes the procedure for concluding contracts and making payments for gas consumption.
Requirements to Housing and Utility Services Agreements
Housing and utility service agreements must comply with the requirements of the law and contain a number of mandatory terms and conditions to ensure transparency and reliability of legal relations between consumers and service providers. The main requirements for contracts include:
Subject matter of the agreement:
- Description of the housing and utility services provided, including types of services (centralised heating, cold and hot water supply, sewage, electricity, gas supply, etc.), technical characteristics and quality parameters.
Rights and obligations of the parties:
- Defining the rights and obligations of the supplier and the consumer. The supplier undertakes to ensure the uninterrupted and high-quality provision of services, timely elimination of technical malfunctions, and protection of the consumer's personal data. The Consumer undertakes to pay for services in a timely manner and comply with the rules for using networks and equipment.
Tariffs and payment procedure:
- Setting tariffs for services, payment procedure, payment methods (bank transfer, payment systems, etc.), payment terms and conditions for discounts.
Procedure for concluding and terminating the contract:
- Determination of the procedure for concluding the contract (verbally, in writing, electronically), the term of the contract, the terms of its extension and termination (termination at the initiative of one of the parties, by mutual agreement, in case of breach of the contract).
Dispute resolution procedure:
- Establishment of the procedure for resolving disputes between the parties, including the possibility of pre-trial settlement of disputes (mediation, negotiations), recourse to consumer protection authorities and judicial dispute resolution.
Liability of the parties:
- Determination of the parties' liability for non-performance or improper performance of the terms of the contract, including penalties, damages, compensation for non-pecuniary damage.
Procedure for concluding contracts for the provision of housing and communal services
The procedure for concluding contracts for the provision of housing and communal services includes several stages:
Selection of aservice provider:
- The consumer chooses a housing and utility service provider based on available offers, technical specifications, tariffs and terms of service. The supplier provides advice on choosing the best package of services, technical requirements and other aspects.
Submission of anapplication for connection:
- The consumer submits an application for connection to housing and communal services, indicating the selected service package, connection address, contact details and other necessary information. The application can be submitted in person, by mail, telephone or via the supplier's website.
Conclusion of thecontract:
- The supplier and the consumer agree on the terms of the contract, including service specifications, tariffs, connection terms and other aspects. The contract is concluded in writing, orally or electronically, depending on the chosen method. After concluding the agreement, the consumer receives a copy of the agreement with the signatures of the parties.
Connection to housing and communal services:
- The supplier provides the technical connection of the consumer to the housing and communal services networks, installs the necessary equipment (meters, switchgear, etc.) and makes adjustments. After connection, the supplier provides instructions on how to use the services and information on technical support.
Payment forservices and activation of the contract:
- The consumer pays for the services in accordance with the terms of the contract. After payment, the contract is considered activated, and the consumer starts receiving utility services. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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