What are the heating standards?

Q1. What are the heating standards? If the temperature of each room is different, is it considered substandard?

A: Beijing's heating temperature standard is based on 18 degrees Celsius, with a 2-degree upward and downward fluctuation, i.e., between 16 degrees Celsius and 20 degrees Celsius, all of which can meet the heating standard. According to the “Beijing Heating Management Measures”, early heating requires five consecutive days with an average temperature below 5 degrees Celsius. The heating period in Beijing is from November 15 to March 15 of the following year.

The Beijing Residential Heating Contract (Area-based Billing Version) specifies that during the heating period, under normal weather conditions, Party B shall ensure that the temperature in Party A's bedroom and living room is not lower than 18℃ in residences that meet the requirements of the current National Residential Design Code or residences that have undergone modifications to the building envelope or the heat supply system;

For residences that have not undergone building envelope renovation or heating system renovation, the temperature of the bedrooms and living rooms shall be no less than 18℃ when the average daily outdoor air temperature is above -7℃, and the temperature of the bedrooms and living rooms shall be no less than 16℃ when the average daily outdoor air temperature is below -7℃ and above -9℃ (inclusive).

Q2. Can I get a refund if the temperature fails?

A: Article 14 of Beijing Heat Supply and Heating Management Measures stipulates that if there is a dispute between the heat supply unit and the user about whether the room temperature is up to standard, a third-party organization qualified for room temperature testing can be commissioned to conduct the testing.

Beijing Residents' Heating Contract (Area-Based Billing Version) makes it clear that if the indoor temperature of the heating user's bedroom or living room fails to meet the contractual standard as confirmed by both parties or by the third-party testing organization, the user shall be refunded the corresponding heating fee and shall bear the other corresponding responsibilities.

Refund amount = unit price of daily heating fee × floor area of the bedroom or living room whose temperature has not reached the agreed standard × number of days when the temperature has not reached the agreed standard × refund ratio

Unit price of daily heating fee = total amount of heating fee / (number of legal heating days in the current heating season × billable floor area)

The Beijing Residential Heating Contract (Area-based Billing Version) specifies that the refund ratio is based on the agreed heating temperature of the bedroom and living room:

• If the indoor temperature is less than 2 degrees below the agreed temperature, the percentage of refund is 40%.
• If the indoor temperature is lower than the agreed temperature by more than 2 degrees (including) and less than 4 degrees, the refund rate is 60%.
• If the indoor temperature is more than 4 degrees below the agreed temperature, the refund percentage is 100%.

Q3. How can I be sure that the temperature is not up to standard and how can I keep evidence?

When the indoor heating temperature is not up to the standard, the owner should keep the evidence in the following ways.

• Reporting to the heating unit for repair, permitting it to enter the home to measure the temperature, and retaining records of the report, maintenance records, etc. by taking photos, audio and video recordings.
• If the heating unit does not actively cooperate, you can reflect the problem to the grass-roots organizations, invite the staff to enter the house to measure the temperature, etc., and keep the relevant records.
• Record on their own the indoor temperatures in different areas of the house, at different times of the day and in different weather conditions.
• Under the condition, you can entrust a third-party organization with the qualification of room temperature testing to test the heating temperature.

Friendly reminder: the above is from the court judge's advice, very practical, please collect.

Q4. Who will repair the heating when it breaks down?

A: The responsibility for repair and maintenance of centralized heating pipe networks and ancillary facilities shall be divided in accordance with the following provisions:

• Pipe networks and heating facilities within one meter outside the boundary of the heat source unit are the responsibility of the heat source unit;.
• From the heat source unit outside the boundaries of one meter outside the trunk line, branch line and heat exchange station and other heat supply facilities, by the heat supply unit is responsible for;;
• Heat users from the home valve (not included) within the heating facilities, the heat user is responsible for.
• Heat users lay their own courtyard network, if the heat users and heating units have agreed, in accordance with the agreement;
• There is no agreement, according to the property right to assume responsibility for repair and maintenance, that is, whoever owns the property rights of the pipe network, who will assume responsibility for repair and maintenance.

Q5. Can I refuse to pay the heating bill if the heating is not hot?

A: The standard of heating is different in different places. Generally, if the indoor temperature reaches 18℃, the temperature is up to the standard, and if the indoor heating temperature is not up to the standard because of non-users' reasons (e.g., unheated windows and doors or unauthorized changes in the structure of the house and the heating facilities), the users can ask for a reduction or exemption of the fee, and the heating company should bear the obligation to prove the temperature is up to the standard, and the owners should be provided with the temperature measurement report in general.

Q6. What conditions must be met before heating can be extended?

A: The extension of heating is generally determined by the weather, the outdoor temperature is generally below 5 ℃ average daily temperature, the heating will start, usually the average daily temperature for five consecutive days below 5 ℃, will extend the heating. The extension of heating also took into account the epidemic, this year by the impact of the epidemic everyone home for a long time, in addition to taking into account the cold will affect the immunity, not only is not conducive to the prevention of the epidemic, resulting in an increase in the number of patients with colds and fevers to the hospital to fight the epidemic to increase the burden. Therefore, the relevant departments pay close attention to the weather and the development of the epidemic, in advance of the meeting to study and decide whether to extend the heating.

Q7. Who pays for extended heating?

A: Generally speaking, the cost of extended heating is fully subsidized by the government, and residents are not required to pay additional costs. However, in the case of commercial heating, residents are generally responsible for their own heating costs during the extension period.

Q8. Will the heating be stopped if I don't pay the bill?

A: In a general sales contract, if one party stops paying the bill, the other party can stop the service, but this is not the case for heating service. Heating is a public utility, and heat supply contracts are usually subject to government pricing. The special nature of the heating contract determines that the heating party and the heating party can not unilaterally exercise the right to terminate. Heat supply units should continue to supply heat as a whole, in the heating party in arrears, the heating party can not be arbitrarily delayed, suspended heat supply or early termination of heat supply. If the customer fails to pay the heating fee after a reasonable period of time, the heating unit can sue the owner in court for payment. If the owner maliciously refuses to pay the heating fee, the heating unit can only stop the heating supply to him/her with the approval of the municipal management authority.

Q9. Can I refuse to pay the heating bill without signing a heating contract?

A: Although the heating unit has not signed a written heating contract with the owner, it has in fact fulfilled its obligation to supply heat, which will be regarded as the existence of a de facto heating contract between the owner and the heating unit. According to Article 490 of the Civil Code, the parties did not use the written form, but one party has fulfilled the main obligations, the other party accepts, the contract is established. If the owner of the heating unit with the heating unit has not signed a heating contract as a defense, the court generally does not support. In addition, in the case of centrally heated houses, the owner cannot refuse to pay the heating fee on the grounds that he/she does not live in the house or that he/she has disconnected the heating facilities.

Q10. Who is responsible for the heating costs of renting, buying or selling a second-hand house?

A: If the owner leases the house to another person and the heating unit reminds the owner to pay the heating fee because the lessee has not paid the fee, the owner should pay it. However, if the rental agreement heating costs borne by the lessee, the owner can also be paid to the lessee to recover the heating costs.

Before the sale of housing, the former owner must clear the heating fee arrears, before the housing transaction between the two parties and the intermediary to the property sector to verify, if the property sector did not check the former owner of the arrears of fees, the arrears now appear by the property is responsible for, if the property to find out the arrears of fees, the former owner did not clean up, and the buyer did not raise objections, then now the arrears of fees is borne by the buyer.