In connection with changes in the current legislation of Ukraine, in particular the entry into force of the Law of Ukraine "On Housing and Communal Services" and the Rules for the Provision of Services for Centralized Water Supply and Centralized Water Drainage, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 05.07.2019 No. 690, the parties to relations in the field of water supply and water drainage must bring contractual relations for the provision of water supply and water drainage services into line with the requirements of these regulatory acts.
In accordance with Clause 4 of Section VI of the Law of Ukraine "On Housing and Communal Services", co-owners of apartment buildings, regardless of the form of management of the apartment building they have chosen, are obliged to make a decision on the model for organizing contractual relations with utility service providers no later than one year from the date of entry into force of this Law (i.e. by 01.05.2020).
The Resolution of the Cabinet of Ministers of Ukraine dated 05.07.2019 No. 690 approved the forms of standard contracts that regulate relations between centralized water supply and wastewater treatment enterprises and consumers.
To date, the provision of water supply and wastewater treatment services to some residential buildings in Kyiv is carried out in the form of a collective consumer, taking into account the existing contractual relations between the parties, which were formalized before the entry into force of the above-mentioned regulatory acts. According to the norms of current legislation, the Utility Service Provider under such a contract, unlike others, is paid only a fee for the utility service, based on the tariff and volume of consumption, without payment for subscriber service and without payment for maintenance and current repair of in-house systems.
We suggest that you choose a variant of the model of contractual relations for the provision of centralized water supply and centralized wastewater treatment services to your residential building.
The legislation stipulates that under any model of contractual relations, the conclusion of an agreement requires the co-owners of the building to make a decision, which is adopted in accordance with the procedure established by law and is formalized in the minutes of the general meeting. To speed up the execution of the minutes and the re-conclusion of the agreement, we suggest using the forms developed by the Company:
Recommended form of minutes of the general meeting of co-owners of an apartment building on the choice of a model of contractual relations with a service provider for centralized water supply and centralized water disposal as a collective consumer. (download)
Recommended form of minutes of the general meeting of co-owners of an apartment building on the choice of a model of contractual relations with a service provider for centralized water supply and centralized water disposal in the form of individual agreements. (download)
Download the form of the agreement with a collective consumer on the provision of centralized water supply and centralized water disposal services (download) and Appendix No. 1 to the Agreement (download).
Download the form of the contract with an individual consumer for the provision of centralized water supply and centralized water disposal services (for legal entities and non-residential premises) (download) and Appendix No. 1 to the Contract (download).
For details about the new models of contractual relations, please visit the website of the Ministry of Development of Communities and Territories of Ukraine at the link (titled "New models of organization of contractual relations in the field of communal services - clarifications of the Ministry of Regional Development" and at the address: http://new.minregion.gov.ua/press/news/pro-novi-modeli-organizacziyi-dogovirn/?fbclid=IwAR2DKmEnEY5-DEVhjVA06mwQT1DXzqL6_BPYP0KuY1XVtym9XNFynj0sOxs).
You can learn more about the procedure for drawing up contracts for the provision of centralized water supply and centralized wastewater services, as well as the procedure and forms of contracts, on the Company's website at the link: https://vodokanal.kiev.ua/uklasti-dogov%D1%96r-z-yuridichnoyu-osoboyu.
In order to bring contractual relations into line with the requirements of the law, we recommend that you submit to the Company no later than 05/01/2020 the minutes of the general meeting of co-owners of an apartment building on the choice of a model of contractual relations with the provider of centralized water supply and centralized wastewater services.