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

Have you thought about dramatic changes in your home? Have you ever been dissatisfied with the formal nature of any service related to the household 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 to 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.

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

Gas market participants

Fuel is supplied to homes by local gas distribution companies, and is supplied under contract by dependent structures of the Gazprom Mezhregiongaz holding. In the first case, we are talking about city gases, as well as raygases, oblgases and JSC Gazprom Gazoraspredeleniye.

In the second - about the 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

According to current legislation, a gas supply agreement can be drawn up by:

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

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

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

The division in the Russian gas sector occurred at the end of the last century. Previously, distribution companies also sold fuel. The reform has led to the fact that they are now engaged in local transportation, and another market participant is engaged in gas sales and transportation throughout the country.

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

What do consumers pay for?

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

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

Subscribers of the Gazprom Mezhregiongaz Smolensk company have the opportunity to monitor accruals and generate receipts in their Personal Account on the website

Under the second agreement, the consumer is obligated to pay for the work of technicians and repairmen from Gorgaz or another territorial company. The purchase 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 and the preparation of conditions for receiving fuel are guaranteed by the constituent entities of the Russian Federation. Funds are raised from budgets of all levels and additional sources of funding. Any changes in the structure of gas-using equipment are promptly reported to the gas supplier - a regional company from the interregional gases group.

Refusal of gas supplies

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

The legal procedure looks as simple as possible and complies with the principles of respecting the basic rights of citizens, but the difficulty lies in the need to disable VDGO/VKGO. There are many obstacles at this stage.

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

They often refuse the contract itself for servicing in-house equipment - without terminating the supply contract. For example, due to insufficient quality of services or their non-fulfillment. Then they make a mandatory transition to an agreement with another specialized organization.

Requirements that the subscriber must fulfill

The law allows for cancellation of a gas contract at any time, but only if the consumer has already fulfilled all the conditions. The contract with the client is terminated after fulfilling the requirements from paragraph 51 Government Decrees No. 549, which regulates the sphere of public utility services.

The state obliges the subscriber:

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

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

Procedure and documentation

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

If gas equipment malfunctions in an apartment building, it is advisable to refuse gas supplies, but apartment owners may have disagreements due to the related financial issue

Then the consumer needs to come to the territorial site of the dependent company of the holding company Gazprom Mezhregiongaz LLC. The institution will accept a written application. Payment receipts and a conclusion on gas shutoff should be added to the act. You must have an ID 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 period specified in the agreement. As soon as the allotted period ends, the consumer will have the right to go to court - according to Part 2 Art. 452 Civil Code of the Russian Federation.

Refusals occur due to non-payment of consumed gas, after which you will have to either agree with the amount or prove that the invoice was issued incorrectly. If you refuse, it is no longer necessary to wait for the expiration of 30 days or another 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. This need arises mainly due to the emergency state of gas equipment.

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

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

It also happens that the management organization or HOA does not allow you to disconnect just one apartment, but there is no individual agreement.

Termination of the maintenance contract

The obligation to enter into agreements for the maintenance of gas equipment is provided Government Decree No. 410 of May 14, 2013. Refusal from VKGO maintenance involves contacting the gas distribution company, and termination of the VDGO agreement is similar, but through the management company, HOA, TSN or housing cooperative. Indoor equipment includes gas stoves, gas boilers and water heaters.

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 termination of the contract for maintenance of gas equipment is permissible only if another company has already been selected to perform the relevant duties.

A change of service organization can also be made by a management company, an owner's association or a cooperative on behalf of the apartment owner. Anyone who does not have a gas supply contract initially has the right to refuse the contract.

Grounds for termination of the agreement

Since the decision of the Supreme Court came into force No. AKPI 13-826 dated 12/10/2013, the provisions on the exclusive right of gas distribution companies to install, repair and maintain in-house and intra-apartment gas equipment have become invalid. The decision was supposed to influence the development of competition in the field.

The difference between the VDGO and VKGO agreements is that the responsibility of the owner of an individual apartment includes devices of the second category; the figure also indicates the required frequency of inspections

The State Housing Inspectorate has achieved the conclusion of maintenance agreements for VDGO and VGKO in almost 100% of cases. The successful result of its 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 Gazprom Gas Distribution JSC has increased significantly.

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

• maintenance frequency does not meet the requirements;
• There is virtually no maintenance;
• it is not possible 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 indicators of the region.

The consumer has the right to refuse to fulfill the contract if he considers its performance by the company to be improper. 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. It is necessary to distinguish between the procedure for refusing to fulfill a contract and for its termination.

Schematic representation of the VDGO and VKGO networks: the apartment owner signs the contract and lets inspectors through 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 of poor quality.
2. Due to the obligatory nature of the agreement for gas consumers and the reluctance to fulfill the current agreement, we are entering into an agreement with another company that has the right to carry out similar activities.
3. After refusing to fulfill the contract, we do not use the services and do not pay for them. If the subscriber continues to use them, the agreement will be considered valid.

To terminate the contract, clients send written notice with its planned date - no earlier than 30 days from the date of sending. It states that an agreement was concluded with another authorized organization. Ideally, they use the option with a valuable letter with a list of attachments and a notification of delivery - in order to comply with the pre-trial procedure for resolving disputes.

Thus, the procedure includes 2 components: concluding a new contract and sending a notification. The matter does not always end there. In case of unmotivated or illegal refusal, you will have to first send a claim to the gas distribution company. If there is no response, then you should write a lawsuit and go to the district court at the company’s address.

Pitfalls when canceling a contract

Government Decree No. 410 in paragraph 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 established by the contract itself and the current rules of the Civil Code and Government Decrees.

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

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

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

According to Art. 782 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 expenses that he incurred for services not yet provided until the moment of unilateral withdrawal from the contract.

How to recalculate gas?

Before refusing gas, attempts are also made to obtain compensation. Charges for gas are not always correct, and we are talking primarily about “utilities” for homes without a meter. Incorrect prices due to a discrepancy between the number of residents and the indicators in the documents is a reason for revising the cost.Providing services in an incomplete volume, too.

If the supplier threatens with shutdowns, lawsuits, or seizure of property, you should communicate with him in a reasoned manner and provide evidence that you are right.

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

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 some period of time. It is better to inform about long departures in advance.

You can ask for a reduction in the cost of supplied gas, including after payment, if you have documentary evidence of your position:

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

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

As a result of their possible errors or delays in performing work, downtime occurs, and in this case, all those who do not have gas meter. The correctness of the charges also depends on the actions/inactions of the gas distribution company. You should also ask for a discount for this.

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 pay attention to:

An overview of the differences between maintenance and repairs, what you should pay extra for:

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 gas supply and for technical maintenance of VDGO or VKGO. The first of them is primarily a transaction, and the second is just an additional obligation.

The client will receive the right to refuse the second one only when he terminates the gas contract and pays for the services. Sometimes they go to court. The consumer will avoid difficulties if he exercises 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 refusal. Don't ignore the discussion, take part in the exchange of useful information.