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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

17 September 2013 [shall come into force from 25 September 2013];
3 November 2014 [shall come into force from 6 November 2014].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 1013

Adopted 9 December 2008

Procedures by which an Apartment Owner in a Residential Apartment House shall Pay for Services, which are Related to Usage of the Residential Property

Issued pursuant to
Section 50, Paragraph five of the Law On Privatisation of State and
Local Government Residential Houses

1. This Regulation prescribes:

1.1. the procedures by which payment shall be made for the thermal energy, water supply, sewerage, garbage collection and household waste management services (hereinafter - services) necessary for the maintenance of a residential apartment house (hereinafter - residential house), if the service is provided through the intermediation of the administrator of a state residential house or the intermediation of the local government (hereinafter - administrator);

1.2. the criteria, on the basis of which the payment share for the received services shall be specified for each apartment owner, as well as the procedures by which apartment owners shall be informed regarding the conditions of the relevant service supply contract.

[17 September 2013 / Amendments to Sub-paragraph 1.1 shall come into force from 1 January 2014. See Paragraph 3 of the Amendments]

2. This Regulation shall be applicable until the day, when a society of apartment owners or a person authorised by a mutual agreement of apartment owners assumes the administration rights of a residential house with a delivery-acceptance deed and the apartment owners have not entered into a mutual agreement how the payment share of each apartment owner shall be specified for the service received and the procedures for the provision thereof.

3. An administrator shall organise the provision of services to a residential house by entering into a contract on behalf of apartment owners regarding the supply and use of services.

4. An administrator has a duty to:

4.1. acquaint each apartment owner with the provisions of the services contract entered into regarding the supply of services to the relevant residential house, indicating in writing the time and place for the provision of the relevant information;

4.2. inform each apartment owner in writing regarding changes to the contracts for the supply of the relevant services by sending the abovementioned information within one month from the day of the amendments entering into effect, if the following has been changed by the relevant amendments:

4.2.1. the procedures for the payment of the service;

4.2.2. the conditions for the supply of the service (for example, the frequency of the provision of the service, the parameters of the heat carrier);

4.2.3. the procedures for recalculation of payment for the service, which has not been ensured or has not been ensured in the quality or amount specified in the contract.

5. The procedures, by which mutual accounts between an apartment owner and the administrator take place, shall be specified in the administration and management contract (hereinafter - administration contract). The abovementioned procedures shall be unified for the whole residential house.

6. The administrator shall perform accounting of the amount of the services provided and accounts with the services provider for each residential house separately.

7. An apartment owner may reach an agreement with the administrator regarding advance payments and deferral of payments, as well as regarding other conditions of the services supply contract.

7.1 The administrator has an obligation to indicate the following in the invoices regarding thermal energy consumed:

7.1 1. the total thermal energy consumption in the residential house in the accounting period (in megawatt hours), as well as the thermal energy consumption in the accounting period (in megawatt hours) attributable to the apartment property, separately indicating the amount of thermal energy used for heating of the building and for preparation of hot water;

7.1 2. once a year:

7.1 2.1. the total thermal energy consumption in the residential house for the year (in megawatt hours), as well as the thermal energy consumption for the year (in megawatt hours) attributable to the apartment property, separately indicating the amount of thermal energy used for heating of the building and for preparation of hot water;

7.1 2.2. the specific thermal energy consumption in the residential house for the total heatable space of the house (including shared premises) (in megawatt hours per square metre per year), as well as the specific thermal energy consumption in the residential house for the space of the individual property (in megawatt hours per square metre per year).

[17 September 2013]

8. An apartment owner has the right to request the following:

8.1. information regarding the readings on the meters installed in the residential house, in accordance with which, at the end of each accounting period, the payment for the relevant service is determined;

8.2. information, in accordance with which, at the end of each accounting period, the payment for the relevant service is determined, if a meter has not been installed in the communications inlet of the residential house;

8.3. other information related to payments.

9. The administrator has a duty to provide a written response to the request referred to in Paragraph 8 of this Regulation within seven working days.

10. The administrator or his or her authorised person has the right to inspect the readings, operation and the state of seal of water consumption meters installed in an individual property. If an apartment owner recurrently and without a valid reason prevents the inspection of a meter, or it has been detected during the inspection that the seal of the meter is damaged, the administrator shall calculate water consumption for the apartment concerned as for an apartment where the meter has not been verified.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

11. [17 September 2013]

12. [17 September 2013]

13. [17 September 2013]

14. Water consumption shall be accounted using meters which conform to the following requirements:

14.1. they have been subject to conformity assessment in accordance with the laws and regulations regarding metrological requirements for water consumption meters and measuring instruments and the procedures for their metrological control;

14.2. they have been verified in accordance with the laws and regulations regarding the list of measuring instruments subject to State metrological control and their verification periodicity and repeat verification of measuring instruments, verification certificates, and verification marks.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

14.1 The administrator or another person who installed or replaced the water consumption meter shall seal the connection place of the meter. If the water consumption meter was installed or replaced by another person, the connection place of the meter shall be sealed in the presence of the administrator.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

15. The periodical verification of the meter shall be ensured:

15.1. by the apartment owner, if the meter has been installed from the resources of the relevant apartment owner;

15.2. by the administrator, if the meter has been installed from the resources designated for the maintenance and management of the residential house.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

16. [17 September 2013 / See Paragraph 2 of amendments]

17. For services, which cannot be measured or for the determination of consumption of which meters have not been installed, calculations shall be performed as follows:

17.1. for thermal energy for heating of the individual property - in proportion to the total area of the individual property, excluding the area of balconies and loggias;

17.2. for thermal energy for the preparation of hot water:

17.2.1. for thermal energy for hot water circulation - in accordance with the number of apartment properties;

17.2.2. for thermal energy for hot water consumed - in proportion to the amount of hot water consumed;

17.3. for thermal energy for heating of shared premises - in proportion to the total area of apartment properties;

17.4. for the household waste management and garbage collection:

17.4.1. if the individual property is an apartment - in proportion to the number of persons declared in the apartment, dividing the amount that is formed after subtracting the payments performed by owners or lessees of the non-residential premises and artist's workshops from the total payment of the residential house;

17.4.2. if the individual property is non-residential premises or an artist's workshop - according to the provisions of the agreement, but until entering into an agreement - in accordance with the laws and regulations governing waste management;

17.5. for sewerage - in proportion to the amount of water consumed;

17.6. for electricity for illuminating shared premises, as well as for the operation of equipment and engineering communication devices that are part of joint property - according to the number of the individual properties;

17.7. [17 September 2013 / See Paragraph 3 of amendments];

17.8. [17 September 2013 / See Paragraph 2 of amendments].

[17 September 2013; 3 November 2014]

18. If autonomous heating is installed in the individual property or if hot water that is centrally heated is not used in the individual property, the owner shall pay for the part of thermal energy consumed for the shared needs of the house, which is referable to individual property, according to the calculation developed by a certified heating supply specialist and co-ordinated with the administrator.

19. If a difference arises between the reading of the common water meter of the house and the consumption of water as measured in individual properties by meters, including water lost in leakages due to accidents and repairs (hereinafter - the difference in water consumption), the water consumption shall be recalculated. The apartment owner shall pay for the difference in water consumption according to the number of individual properties.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

19.1 The procedures for distributing the water consumption difference referred to in Paragraph 19 of this Regulation shall not be applied, and the water consumption shall be distributed according to the number of individual properties between the following apartment owners (if any):

19.1 1. who have failed to provide data on the readings of water meters at least three consecutive months;

19.1 2. who have water meters not installed in their individual properties;

19.1 3. who have repeatedly prevented the administrator from performing the inspection of the water meters in the residential property, provided that the administrator has notified on such inspection in writing at least one week in advance by sending a notification to the residential property where the inspection of the meters is planned;

19.1 4. in whose residential property it has been detected during the inspection that water meters are damaged, do not have a seal, the seal is damaged, or they have not been verified within three months following the verification expiry date.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

20. [17 September 2013 / See Paragraph 2 of amendments]

21. If meters have not been installed either at the inlet to a residential house, or in the individual properties, accounts shall settled according to the terms of the agreement regarding provision of the relevant service.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

22. The water consumption calculated for apartment owners shall not exceed the amount of water supplied to the residential house.

23. The administrator has the right to perform the verification of the water consumption meter with own resources, as well as request that the apartment owner provide access to the meter for the performance of early verification. If the apartment owner does not agree to the verification of the meter, the administrator shall calculate the water consumption as for an apartment where the meter has not been verified.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

23.1 The apartment owner has the right, after having co-ordinated with the administrator, to arrange for early verification of water consumption meters with own resources, with the purpose to establish the conformity of the water consumption meter with the requirements laid down in the laws and regulations regarding repeat verification.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

24. If a meter has been installed without conformity with the requirements specified for water consumption meters in laws and regulations, or the meter does not conform to the specified requirements, the expenses related to a repeat verification of the meter earlier than the term specified in the verification certificate or to a correct installation shall be covered by the relevant apartment owner, administrator, or service provider.

[17 September 2013 / Amendments to Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

25. If it is determined during verification that the meter installed at the water inlet to the residential house is damaged or the verification term for the relevant meter has expired, the accounts for the last accounting period shall be performed in accordance with the contractual conditions regarding the provision of the relevant service.

[17 September 2013 / Amendments to Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

26. [17 September 2013 / See Paragraph 2 of amendments]

27. The apartment owner shall take the water meter readings on a monthly basis according to the procedures and within the time frame specified by the administrator.

[17 September 2013 / The new wording of Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

28. If, due to absence, no one using the apartment and the apartment owner is not able to provide data on the meter readings, perform the verification of the water meter or arrange that it is possible for the administrator to perform the verification of the water meters in the relevant residential property, the apartment owner shall notify the administrator thereof in advance.

[3 November 2014]

29. If the apartment owner has not provided the data on water meter readings or has not informed regarding his or her absence in accordance with the procedures referred to in Paragraph 28 of this Regulation, the administrator shall calculate the water consumption for the individual property, taking into account the average water consumption for the last three months for the particular individual property, however, for no longer than three consecutive months.

[17 September 2013 / Amendments to Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

30. If there is a difference exceeding 20% in the water consumption for three consecutive months in the calculation of water consumption distribution and a relevant submission has been received from the apartment owner, the administrator shall, within two months, ascertain the causes of the difference in the water consumption and inform the apartment owner in writing regarding the necessary measures for reduction of the difference in the water consumption and, together with the apartment owner, evaluate the possibility of implementing them.

[17 September 2013 / Amendments to Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

31. In order to use thermal energy more efficiently, as well as to facilitate payments, apartment owners may elect a representative who monitors the thermal energy regime, takes meter readings and performs other duties provided for in the contract (hereinafter - energy administrator).

32. Apartment owners shall enter into a contract with the energy administrator regarding the performance of the duties specified in Paragraph 31 of this Regulation. The rights, duties and responsibilities of the energy administrator shall be determined in the relevant contract.

33. Expenditure related to the services of the energy administrator shall be covered by apartment owners.

33.1 Apartment owners shall, by 30 June 2014, take a decision as to whether the water meters installed in individual properties shall be replaced or installed (if they have not been installed) in a unified manner (hereinafter - replacement or installation of water meters), as well as agree on the procedures for installation or replacement of water meters. The following provisions shall be followed when installing or replacing water meters:

33.1 1. the costs of replacement or installation of water meters shall be included in the residential house maintenance and management expenses;

33.1 2. during a calendar year, only the meters with verification expiring in the year in question shall be replaced.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

33.2 The administrator shall, by 31 October 2013, inform the apartment owners regarding the procedures for distributing the water consumption difference referred to in Paragraph 19.1 of this Regulation, as well as regarding the terms referred to in Paragraphs 33.1 and 33.8 of this Regulation.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

33.3 If the apartment owners have failed to take the decision referred to in Paragraph 33.1 of the Regulation, the decision to replace or install water meters may be taken by the administrator if there is a difference exceeding 20 % in the water consumption for three consecutive months, in conformity with the provisions of Paragraph 33.1 of this Regulation.

[17 September 2013; 3 November 2014]

33.4 If the administrator has taken a decision to replace or install water meters and regarding the procedures thereof, the apartment owners shall be notified on this decision concurrently with the notification on the calculated residential house maintenance and management fees for the next calendar year.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

33.5 The community of apartment owners, when taking the decision to accept the calculated residential house maintenance and management fees for the next calendar year, shall also accept the expenses related to replacement or installation of water meters.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

33.6 If the administrator has taken a decision to replace or install water meters in accordance with the procedures laid down in Paragraph 33.3 of this Regulation, apartment owners, when taking the decision to accept the calculated residential house maintenance and management fees for the next calendar year, do not have the right to decline the expenses related to replacement or installation of water meters.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

33.7 The rights of the apartment owners to decline the residential house maintenance and management fees proposed by the administrator, as well as the procedures for entering into effect of the maintenance and management fees are laid down in the laws and regulations regarding calculation of residential house maintenance and management fee.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

33.8 Until 31 December 2013, for residential property owners who have water meters not installed in their individual properties:

33.8 1. water consumption shall be determined no more than 10 m3 per month per each person living in the apartment;

33.8 2. the procedures for distributing the water consumption difference referred to in Paragraph 19.1 of this Regulation shall not be applied.

[17 September 2013 / Paragraph shall come into force from 1 October 2013. See Paragraph 2 of amendments]

34. If autonomous heating has been installed in an apartment until the day of coming into force of this Regulation, until the development of the calculation provided for in Paragraph 18 of this Regulation an apartment owner shall pay for the part of the thermal energy consumed for shared needs of the house, in proportion to the total area of the individual property.

Prime Minister I. Godmanis

Minister for Economics K. Gerhards

 


Translation © 2016 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1013Adoption: 09.12.2008.Entry into force: 19.12.2008.Publication: Latvijas Vēstnesis, 197, 18.12.2008.
Language:
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