Conclusion of contracts with organizations that service the housing stock (OSBB, ZhBK and other managers of residential buildings)

Conclusion of contracts for newly built apartment buildings by the manager

(OSBB, ZhBK, ZHEO, OK, developer or building owner)

1. Execution of a contract for centralized water supply and wastewater disposal under a temporary scheme (temporary contract) in case of non-completion of the connection procedure.

For newly built houses for which the procedure for connecting to water supply and/or sewage networks, as provided for in the project documentation, has not been completed, a fixed-term contract for the provision of centralized water supply and sewage services is concluded with the organization (customer, general contractor, condominium association, housing association, housing and communal services, manager, developer, owner of the house) that has drawn up technical documents for connecting to water supply and sewage networks and has undertaken to fully comply with the requirements of the design and technical documentation for connecting this house to the networks according to a permanent scheme, in accordance with the Rules for the use of centralized municipal water supply and sewage systems in settlements of Ukraine, approved by the Order of the Ministry of Development of Communities and Territories of Ukraine dated 04/19/2021 No. 97.

2. Drawing up individual agreements with co-owners of a newly built house

To transfer co-owners of apartment buildings to individual contracts with the Company, it is necessary to comply with the requirements of current legislation and regulate relations with the service provider, in particular:

– The building must be connected to the water supply and sewage networks according to a permanent scheme, in accordance with the design and technical documentation, building codes and regulations (the connection procedure has been fully completed).

– The building manager must reconcile preliminary settlements with the Company for consumed services (when using water and sewage for construction purposes or according to a temporary scheme, for flushing and hydraulic tests or as a collective consumer).

– In a newly built building, the owners must register ownership of the premises, the number of which must be at least half of the premises in the building, in order to be able to make decisions regarding the management of the building (Part 3, Article 10 of the Law of Ukraine “On the Features of the Exercise of Ownership in an Apartment Building”).

– The manager of the residential building must notify the Company of the chosen model of contractual relations or of the non-selection of the model of contractual relations by the co-owners of the building, provide a copy of the minutes of the meeting of co-owners on the choice of the model of contractual relations (if any), a completed form of the annexes “Apartment-by-apartment list of consumers of the building” and “List of owners/tenants of non-residential premises in the residential building” to the cooperation agreement (you can download the forms of annexes and applications below in the document forms), an application with a package of documents for concluding an agreement for the building’s own technological needs (watering of the adjacent territory, wet cleaning of common areas, concierge, parking, water for preparing hot water, etc.).

Until the transition to individual contracts at newly constructed facilities, a temporary contract may be concluded, in accordance with the procedure provided for by the Rules for the Use of Centralized Municipal Water Supply and Sewerage Systems in Settlements of Ukraine,

approved by the Order of the Ministry of Development of Communities and Territories of Ukraine dated 04/19/2021 No. 97.

Due to the developer's failure to complete the connection procedure, individual contracts cannot be drawn up with co-owners of an apartment building, due to the lack of technical capabilities on the part of the service provider to guarantee the provision of reliable, uninterrupted, and high-quality water supply and/or sewerage services to consumers of such a building until the requirements of the technical specifications, design and technical documentation for connection to water supply/sewerage networks, and the establishment of metering and dispatching of metering services in the premises of the building are met.

Consultation on settlement reconciliation, preparation of a list of apartment-by-apartment consumers of a building, and other issues related to connection and conclusion of contracts can be obtained at the Company's consumer service centers.

HOW TO CHOOSE A CONTRACTUAL RELATIONSHIP MODEL

                According to 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.

According to the Law of Ukraine dated 09.11.2017 No. 2189-VIII “On Housing and Communal Services” (hereinafter referred to as Law No. 2189), all co-owners of apartment buildings must hold a general meeting of co-owners and make a decision on the election of a building manager and 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).

In newly built buildings, the right to premises must be registered, the number of which must be more than half of the apartments and non-residential premises, to enable decision-making and the choice of a model of contractual relations (Part 3 of Article 10 of Law No. 417);

According to Part 6 of Article 10 of Law No. 417, the decision to choose a model of organizing 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.

ATTENTION! The above laws do not apply to construction sites, residential buildings, the 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.

WHERE TO START DRAWING UP A CONTRACT

1. Check whether the residential building is connected to the water supply and sewage networks under a permanent scheme. If connected under a temporary scheme, then only a temporary agreement is concluded with the building manager (ZhBK, OSBB, etc.) without the minutes of the general meeting of co-owners.

2. If there are contractual relations with the company, before concluding a new agreement under the new model, it is necessary to reconcile the calculations and, if there is a debt, pay it;

3. If the house is connected under a permanent scheme to the water supply and sewage networks, in accordance with the Law of Ukraine dated 09.11.2017 N 2189-VIII "On Housing and Communal Services" (hereinafter referred to as Law No. 2189), 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.

4. The manager (OSBB, ZHBK, etc.) applies to the Company with an application and the appropriate package of documents to conclude an agreement according to the selected model of contractual relations.

For additional information regarding the execution of documents and conclusion of the contract, please contact the contacts listed below:

1. COLLECTIVE CONSUMER

List of necessary documents for concluding a contract as a collective consumer

1. A copy of the minutes of the general meeting of co-owners of an apartment building on the chosen model of contractual relations with the Company. You can download the recommended form of the minutes in the document forms section;

2. A copy of the minutes of the general meeting of co-owners of an apartment building on the election of the manager of the residential building;

3. An application for concluding an agreement filled out in two copies (can be downloaded in the document forms section);

4. Characteristics of objects and metering units, filled out in two copies (can be downloaded in the document forms section);

5. A copy of a document confirming the transfer of the building to the management of a legal entity that unites the co-owners of the building;

6. A copy of the manufacturer's passport for the metering device, if available - a certificate of verification. If the meter is missing, not verified, not working or the documents are lost - you can contact the Kyivvodokanal Service Center.

7. Regulatory calculation of the volume of monthly water consumption and drainage to determine the contractual amount;

8. Constituent documents for legal entities:

- a 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), a 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);

- a certificate from 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 about which budget the legal entity concluding the contract is financed from (for budgetary institutions/organizations);

- a power of attorney from a 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).

1. Design and technical documentation for connection to water supply and sewage networks, if the residential building is a new building:

• demarcation acts of water supply networks;

• demarcation acts of sewage networks.

If the residential building is not a new building, and the building manager does not have demarcation acts for any reason, then they are ordered when submitting an application for concluding a contract.

Document forms

by type of contract COLLECTIVE CONSUMER:

1. The recommended form of the protocol on the choice of a model of contractual relations can be downloaded from the link (download the form).

2. Form of notification of the model of contractual relations chosen by the co-owners (download the form to fill out);

3. Form of application for concluding an agreement (download the form to fill out).

4. Characteristics of water consumption objects and commercial water metering units (Appendix No. 1 to the agreement, to be filled out in two copies) (download the form to fill out);

5. Procedure for taking readings of commercial metering units and charging for services (Appendix No. 2 to the agreement, to be filled out in two copies) (download the form to fill out);

6. A typical form of an agreement with a collective consumer can be downloaded for review and printing (download).

2. INDIVIDUAL AGREEMENTS

(without service of in-house networks)

WARNING!

For newly built houses for which the procedure for connecting to water supply and/or sewage networks, as provided for in the project documentation, has not been completed, a fixed-term contract for the provision of centralized water supply and sewage services is concluded with the organization (customer, general contractor, condominium association, housing association, housing and communal services, manager, developer, owner of the house), which has drawn up technical documents for connecting to water supply and sewage networks and has undertaken to fully comply with the requirements of the design and technical documentation for connecting this house to the networks according to a permanent scheme, in accordance with the Rules for the use of centralized municipal water supply and sewage systems in settlements of Ukraine, approved by the Order of the Ministry of Development of Communities and Territories of Ukraine dated 19.04.2021 No. 97.

Due to the developer's failure to complete the connection procedure, individual contracts cannot be drawn up with the co-owners of an apartment building, due to the lack of technical capabilities on the part of the service provider to provide consumers of such a building with reliable, uninterrupted, and high-quality water supply and/or drainage services until the requirements of the technical specifications, design and technical documentation for connection to water supply/drainage networks, and the establishment of metering and dispatching of service metering in the premises of the building are met.

If the co-owners of an apartment building have not decided on the choice of a model of contractual relations and have not concluded an appropriate agreement with the utility service provider (except for services for the supply and distribution of natural gas and services for the supply and distribution of electricity), an individual agreement for the provision of utility services shall be concluded with them, provided that the Company is provided with a completed form of the appendix "Corresponding list of co-owners of the building" (the form can be downloaded below in the document forms), a completed form of the appendix "List of owners/tenants of non-residential premises in a residential building" (the form can be downloaded below in the document forms).

To conclude individual contracts and transfer co-owners of a residential building to direct settlements with the Company, the manager of the residential building must contact the Company regarding the issue of drawing up a contract for the provision of centralized water supply and centralized water drainage services for general needs of services in the building (wet cleaning of non-residential common areas, watering of the adjacent territory, washing of stairwells, etc.). In addition, the manager of the residential building must provide the Company with a written notification about the chosen model of contractual relations or the impossibility of choosing a model, to which must be submitted: a copy of the minutes of the meeting of co-owners on the choice of the model of contractual relations (if available); a completed form of the appendix "Pokvarny list of co-owners of the building" (you can download the form below); a completed form of the appendix "List of owners/tenants of non-residential premises in a residential building" (you can download the form below).

Consultation on the correctness of the registration of the applications "Correct list of co-owners of a house" and "List of owners/tenants of non-residential premises in a residential building" can be obtained from the consumer service centers listed above on this page.

List of required documents for concluding individual contracts

(excluding in-house network services)

1. A copy of the minutes of the general meeting of co-owners of an apartment building on the chosen model of contractual relations with the Company (if available);

2. A copy of the minutes of the general meeting of co-owners of an apartment building on the election of a manager of a residential building;

3. Application for concluding an agreement for the general needs of the building (can be downloaded in the document forms section);

4. Characteristics of objects and metering units (appendix to the agreement, filled out in two copies) (can be downloaded in the document forms section);

5. Normative calculation of water use and drainage (substantiation of the need for water);

6. A copy of a document certifying the right of ownership or use of a water consumption object (technical passport of the building, act of acceptance - transfer of the building / premises, for individual non-residential premises - an extract from the register of property rights, purchase and sale agreement, certificate of ownership, lease agreement, etc.);

7. A copy of the manufacturer's passport for the metering device, if available - a certificate of verification. If the meter is missing, not verified, not working or the documents are lost - you can contact the Kyivvodokanal Service Center.

8. Installation documents:

for legal entities:

- a copy of the charter of the legal entity and the regulations of the structural unit (if the contract is concluded by a structural unit on behalf of the legal entity), a 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 another document);

- a certificate from the state treasury on the availability of a valid open settlement account, which is indicated by the legal entity in the contract for making payments, as well as a certificate from the treasury with information about which budget the legal entity concluding the contract is financed from (for budgetary institutions/organizations);

- a power of attorney from a 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).

for individuals (if an individual is selected as the building manager):

- a copy of the document certifying the right of ownership;

- a copy of the passport of pages 1, 2 and the page indicating the place of registration;

- a copy of the certificate of assignment of the identification code;

- a notarized power of attorney for an individual who has the right to receive, provide, and execute the relevant documents for concluding the contract, as well as having the right to sign and conclude the contract, a copy of the passport of the authorized person (if the contract will be signed by the authorized person of the consumer).

1. Copies of design and technical documentation for water supply and sewage (acts of technical acceptance of networks, acts of delimitation of balance ownership of networks). The absence of such documents is not an obstacle to concluding a contract, provided that an application for concluding a contract and all other documents listed above are submitted. In this case, when submitting an application for concluding a contract, an act of delimitation of water supply and/or sewage networks is ordered by placing a check mark on the application in the column "act of delimitation of water supply networks" and/or "act of delimitation of sewage networks".

Document forms

by contract type "INDIVIDUAL CONTRACTS"

(excluding in-house network services):

1. If available, a copy of the protocol on the selection of the model of contractual relations. The recommended form can be downloaded (download the form).

2. Notification form on the model of contractual relations chosen by the co-owners (download the form to fill out) with an apartment-by-apartment list (download the form to fill out) and a list of non-residential premises (download the form to fill out);

3. Application form for concluding a contract (for personal needs) (download the form to fill out).

4. Characteristics of water consumption objects and commercial water metering units (Appendix No. 1 to the contract, to be filled out in two copies) (download the form to fill out);

5. Procedure for taking readings from metering units and charging for services (Appendix No. 2 to the contract, to be filled out in two copies) (download the form to fill out);

6. For organizations servicing residential buildings - a typical form of an individual contract (without servicing intra-building networks) for review and printing can be downloaded (download), a cooperation agreement (download).

7. For owners (tenants) of non-residential premises in residential buildings - a typical form of an individual contract (without servicing intra-building networks) for review and printing can be downloaded (download)

3. INDIVIDUAL CONTRACTS FOR MAINTENANCE OF INTERNAL BUILDING SYSTEMS

The manager of the apartment building applies in writing to the Kyivvodokanal Service Center with a letter about the chosen model of contractual relations, to which he attaches a copy of the minutes of the meeting of co-owners on the choice of the model of contractual relations, regulates the issue of transferring intra-building networks to the Company for maintenance and concluding a corresponding agreement. Information on carrying out the appropriate actions for transferring intra-building networks to the Company for maintenance can be obtained by calling the service center:

Only after the issue of transferring the intra-house networks to the Company for maintenance and concluding a corresponding agreement is resolved, the manager of the residential building applies to the Company in writing with a notification of the chosen model of contractual relations in writing, to which he attaches a copy of the minutes of the meeting of co-owners on the choice of the model of contractual relations, a copy of the concluded agreement with the Company on the maintenance of intra-house systems and a completed form of the application "Pokvarny list of co-owners of the house" (download the form for filling in), a completed form of the application "List of owners/tenants of non-residential premises in a residential building" (download the form for filling in).

After providing the above package of documents, individual agreements are concluded with the co-owners of the residential building, and an agreement for the own needs of the house and a cooperation agreement are concluded with the OSBB, ZhBK, Management Company, and the manager of the residential building.

List of required documents for concluding

individual contracts

(with in-house network service)

1. A copy of the minutes of the general meeting of co-owners of an apartment building on the chosen model of contractual relations with the Company;

2. A copy of the minutes of the general meeting of co-owners of an apartment building on the election of the manager of the residential building;

3. A copy of the contract for the maintenance of intra-building systems;

4. An application for the conclusion of a contract (can be downloaded in the document forms section);

5. Characteristics of objects and metering units (appendix to the contract, filled out in two copies) (can be downloaded in the document forms section);

6. Normative calculation of water use and drainage (substantiation of the need for water).

7. A copy of a document certifying the right of ownership or use of a water consumption object (technical passport of the house, act of acceptance - transfer of the house / premises, for individual non-residential premises - an extract from the register of property rights, a purchase and sale agreement, a certificate of ownership, a lease agreement, etc.);

8. A copy of the manufacturer's passport for the metering device, if available - a certificate of verification. If the meter is missing, not verified, not working or the documents are lost - you can contact the Kyivvodokanal Service Center.

9. Establishment documents:

for legal entities:

- a copy of the charter of the legal entity and the regulations of the structural unit (if the contract is concluded by a structural unit on behalf of the legal entity), a 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 another document);

- a certificate from the state treasury on the availability of a valid open settlement account, which is indicated by the legal entity in the contract for making payments, as well as a certificate from the treasury with information about which budget the legal entity concluding the contract is financed from (for budgetary institutions/organizations);

- a power of attorney from a 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).

for individuals (if an individual is selected as the building manager):

- a copy of the document certifying the right of ownership;

- a copy of the passport of pages 1, 2 and the page indicating the place of registration;

- a copy of the certificate of assignment of the identification code;

- a notarized power of attorney for an individual who has the right to receive, provide, and execute the relevant documents for concluding the contract, as well as having the right to sign and conclude the contract, a copy of the passport of the authorized person (if the contract will be signed by the authorized person of the consumer).

1. Copies of design and technical documentation for water supply and sewage (acts of technical acceptance of networks, acts of delimitation of balance ownership of networks). The absence of such documents is not an obstacle to concluding a contract, provided that an application for concluding a contract and all other documents listed above are submitted. In this case, when submitting an application for concluding a contract, an act of delimitation of water supply and/or sewage networks is ordered by placing a check mark on the application in the column "act of delimitation of water supply networks" and/or "act of delimitation of sewage networks".

Document forms

by type of contract "INDIVIDUAL CONTRACTS"

(with in-house network service):

1. A copy of the protocol is mandatory. The recommended form of the protocol on the choice of a model of contractual relations can be downloaded (download the form);

2. Form of notification of the model of contractual relations chosen by the co-owners (download the form to fill out) with an apartment-by-apartment list (download the form to fill out) and a list of non-residential premises (download the form to fill out);

3. Form of application for concluding a contract (for personal needs) (download the form to fill out).

4. Characteristics of water consumption objects and commercial water metering units (Appendix No. 1 to the contract, filled out in two copies) (download the form to fill out);

5. A typical form of an individual contract (for servicing intra-building networks) for review and printing with annexes to it can be obtained from the Contract Department of the Company.

4 COLLECTIVE AGREEMENT

To conclude such an agreement, the co-owners of a residential building must follow the appropriate procedure for determining the person who, on behalf of all co-owners, will have the right to sign an agreement on the management of an apartment building with the manager of the residential building elected by the co-owners, and will also have the right to sign, on behalf of each co-owner, an agreement of power of attorney with an authorized person granting him the right to act on behalf of and at the expense of all co-owners, including signing a collective agreement with the Company, keeping records of services consumed by the co-owners, distributing the services consumed between the co-owners, opening an account with a special use regime for the co-owners to pay for centralized water supply and sewage services, with their subsequent transfer to the Company's account. To make such decisions, general meetings of all co-owners of residential and non-residential premises are mandatory in compliance with the norms of current legislation of Ukraine.

List of necessary documents for concluding a collective agreement

1. A copy of the minutes of the general meeting of co-owners of an apartment building on the chosen model of contractual relations and the determination of the authorized person who will act on behalf of and at the expense of the co-owners when concluding a collective agreement.

2. A copy of the minutes of the general meeting of co-owners of an apartment building on the election of the manager of the residential building;

3. A copy of the power of attorney agreement for an authorized person to perform actions on behalf of and at the expense of all owners to sign and fulfill the terms of the collective agreement;

4. An application for concluding an agreement filled out in two copies (can be downloaded in the document forms section);

5. Characteristics of objects and metering units, filled out in two copies (can be downloaded in the document forms section);

6. A copy of a document confirming the transfer of the building to the management of a legal entity that unites the co-owners of the building;

7. A copy of the manufacturer's passport for the metering device, if available - a certificate of verification. If the meter is missing, not certified, not working or documents are lost, you can contact the Kyivvodokanal Service Center.

8. Regulatory calculation of the volume of monthly water consumption and drainage to determine the contractual amount;

9. Constituent documents for legal entities:

- a 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), a 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);

- a certificate from 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 a legal entity to an individual for the right to receive, provide, and execute relevant documents for concluding an agreement with PrJSC "AK "Kyivvodokanal"

1. Design and technical documentation for connection to water supply and sewage networks, if the residential building is a new building:

• demarcation acts of water supply networks;

• demarcation acts of sewage networks.

If the residential building is not a new building, and the building manager does not have demarcation acts for any reason, then they are ordered when submitting an application for concluding a contract.

Document forms

by type of contract COLLECTIVE AGREEMENT:

1. The recommended form of the protocol on the choice of the model of contractual relations can be downloaded from the link (download the form);

2. Form of notification of the model of contractual relations chosen by the co-owners (download the form to fill out);

3. Form of application for concluding an agreement (download the form to fill out);

4. Characteristics of water consumption objects and commercial water metering units (annex to the agreement, to be filled out in two copies) (download the form to fill out);