NFORMATION FOR CONSUMERS
In accordance with Article 1 of the Law of Ukraine dated 14.05.2015 No. 417-VIII “On the Peculiarities of Exercising the Right of Ownership in an Apartment Building” (hereinafter referred to as Law No. 417), the co-owner of an apartment building is the owner of the apartment or the owner of a non-residential premises in an apartment building.
In accordance with the Law of Ukraine dated 09.11.2017 No. 2189-VIII “On Housing and Communal Services”, all co-owners of apartment buildings must hold a general meeting of co-owners and make a decision on choosing one of the models of contractual relations provided for by this Law and the Resolution of the Cabinet of Ministers of Ukraine dated 05 July 2019 No. 690 “On Approval of the Rules for the Provision of Services for Centralized Water Supply and Centralized Water Drainage and Model Contracts for the Provision of Services for Centralized Water Supply and Centralized Water Drainage” (hereinafter referred to as Resolution No. 690).
According to Part 6 of Article 10 of Law No. 417, the decision on the choice of the model of organization of contractual relations is considered adopted by the meeting of co-owners if the owners of apartments and non-residential premises, the area of which together exceeds 50 percent of the total area of all apartments and non-residential premises of an apartment building, voted for it.
According to Part 7 of Article 10 of Law No. 417, the decision of the meeting of co-owners is drawn up in the form of a protocol.
For convenience and to avoid errors, the form of the protocol was approved by the order of the Ministry of Regional Development No. 203 dated August 25, 2015. This form most fully reflects the requirements of the legislation regarding the content of the protocol.
If the owner/tenant of a non-residential premises is a budget organization (financed from the state or local budget) or is subject to the Law of Ukraine “On Public Procurement”, document forms and information on the registration of contractual relations for such consumers are located in another section “Concluding a contract with organizations subject to the Law of Ukraine “On Public Procurement”” (go to this section).
ATTENTION!
The above laws do not apply to construction sites, residential buildings, water supply and/or drainage networks of which are connected according to a temporary scheme (without full implementation of the Technical Conditions for connecting facilities to centralized water supply and drainage networks), and therefore, where there is no technical possibility to provide consumers in the building with reliable, uninterrupted, and high-quality water supply and/or drainage services.
IN WHICH CASES A CONTRACT IS NOT CONCLUDED BETWEEN THE COMPANY AND THE OWNER/TENANT OF A NON-RESIDENTIAL PREMISES
Depending on the model of contractual relations chosen by the co-owners, according to Article 14 of the Law of Ukraine dated 09.11.2017 N 2189-VIII "On Housing and Communal Services", the conclusion of a contract by the owner/tenant of a non-residential premises with the Company also depends.
In the event that the co-owners choose a contract for the provision of communal services with a collective consumer, the Company concludes a contract for services for centralized water supply and centralized water disposal with the organization servicing the residential building (ZhBK, OSBB or a servicing organization chosen by the co-owners of the building). In such a case, the co-owners of the building, including the owners/tenants of non-residential premises, apply directly to the servicing organization on issues of contractual relations.
If a residential building is connected to centralized water supply and centralized sewage networks under a temporary scheme (without full implementation of the Technical Conditions for Connecting Facilities to Centralized Water Supply and Sewerage Networks), a temporary agreement is concluded with the organization servicing the residential building in accordance with the Rules for the Use of Centralized Municipal Water Supply and Sewerage Systems in Settlements of Ukraine, approved by Order No. 97 of the Ministry of Development of Communities and Territories of Ukraine dated April 19, 2021.
In such cases, individual agreements with co-owners of apartment buildings, including owners/tenants of non-residential premises, cannot be drawn up due to the lack of technical ability to provide consumers of these buildings with reliable, uninterrupted, and high-quality water supply and/or sewage services until the houses are connected to the water supply and/or sewage networks under a permanent scheme.
List of required documents:
Copy of the minutes of the general meeting of co-owners of an apartment building (if available);
Application for conclusion of the contract;
Characteristics of water consumption objects and water metering units (filled out separately for each object in 2 copies);
Copy of a document certifying the right of ownership or use of a water consumption object (extract from the register of rights, purchase and sale agreement, certificate of ownership, act of acceptance - transfer, lease agreement, etc.);
Copy of the manufacturer's passport for the metering device, if available - a certificate of verification. Copy of the type verification certificate and a copy of the certificate of conformity or a copy of the Type Verification Certificate and a copy of the Certificate of Approval of the Quality Management System (for each device). If the meter is missing, not verified, not working or the documents are lost - you can contact the Kyivvodokanal Service Center;
Regulatory calculation of the volume of monthly water consumption and drainage to determine the contractual amount (Basin Department of Water Resources of the Middle Dnieper, 25 Preobrazhenska Street, tel. (044) 275-00-35, 099-101-53-40);
Written consent from the owner of the networks Written consent from the owner (organization servicing the residential building) of the networks to receive water supply and/or drainage services through its networks;
Constituent documents for legal entities:
Copy of the charter of the legal entity and the regulations of the structural unit (if the contract is concluded by the structural unit on behalf of the legal entity), power of attorney for the right to sign the contract (if the authority is not determined by the charter, regulations of the legal entity or other document), Certificate from the Unified State Register of Legal Entities, Extract from the Unified State Register of Legal Entities
Certificate from the bank (copy), the state treasury, on the availability of a valid open current account, which is indicated by the legal entity in the contract for making payments, as well as a certificate from the treasury with information on which budget the legal entity concluding the contract is financed from (for budgetary institutions/organizations);
power of attorney from the legal entity for an individual for the right to receive, provide, and execute relevant documents for concluding a contract with PrJSC "AK "Kyivvodokanal" (if necessary).
Constituent documents for individuals:
copy of passport 1, 2 pages and the page indicating the place of registration;
copy of the certificate of assignment of the identification code;
copy of the certificate of registration of a legal entity - a business entity;
notarized power of attorney for an individual who has the right to receive, provide, and execute relevant documents for concluding a contract, as well as has the right to sign and conclude a contract, copy of the passport of the authorized person (if the contract will be signed by the authorized person of the consumer).
Design and technical documentation for water supply and drainage (TU, Technical acceptance certificate for water supply networks, Technical acceptance certificate for sewage networks, Copy of the act of delimitation of balance ownership of water supply networks, Copy of the act of delimitation of balance ownership of sewage networks) is issued only for consumers in apartment buildings that use water for production and are connected to centralized water supply and/or centralized water drainage systems.
IMPORTANT! In cases where the housing stock has been transferred to non-residential stock, public catering establishments (cafe, restaurant, water bottling) were not provided for by the primary project, superstructures and extensions have been made to residential buildings, and also in the event that the consumer wishes to connect directly to city water supply and sewage networks, consumers must have design and technical documentation for water supply.
A contract is concluded with such consumers for a certain period of time to provide them with the opportunity to receive Technical Conditions for water supply and drainage. Information at the link https://vodokanal.kiev.ua/vse-pro-teknіchnі-umovi.
Document forms
for owners (tenants) of non-residential premises
located in multi-storey residential buildings:
Application form for concluding an agreement (download the form to fill out);
Characteristics of water consumption objects and water metering units (filled out separately for each object in 2 copies) (download the form to fill out);
Sample written consent from the manager of a residential building (download the sample);
The draft agreement and its annexes are drawn up in the contractual department, after the consumer submits an application for concluding an agreement with the necessary package of documents. To receive a draft agreement, you must contact the responsible person in the service area, the telephone numbers and contacts are specified in the section "LEGAL SERVICE CENTERS" (open contact details).
Other document forms:
Additional agreement form to existing contracts on changing the consumer's name (download the form to fill out);
Additional agreement form to existing contracts on extending the term of the contract, if a temporary contract has been concluded (download the form to fill out);
