A case on a legal provision that governed the procedures for the allocation of water consumption difference has been initiated
According to the application of Vidzeme Regional Court, a case on compliance of Sub-paragraph 11.2 of the Cabinet Regulation No. 524 of 15 September 2015 “Procedures Regarding Determination, Calculation and Registration of the Share Payable by Each Owner of a Residential House for Services Necessary to Maintain the Residential House” (in the wording in force from 30 September 2015 to 2 September 2021) with the Article 105 of the Constitution of the Republic of Latvia has been initiated in the Constitutional Court.
The contested provision stipulated that in cases when a difference between a reading of a common water meter of the house and water consumption determined when using water consumption meters installed in apartments, non-residential premises and artist workshops is detected, including the water volume leaked during emergencies and repairs, the difference of water consumption is divided in accordance with the number of owners of apartments, non-residential premises and artist workshops (if any in the residential house) whose apartments, non-residential premises or artist workshops do not have installed water consumption meters.
The applicant holds that this procedure for distribution of the difference in water consumption set up by the contested provision is not proportionate. It does not take into account additional circumstances that can cause a difference in water consumption, and maximum water consumption limits have not been provided. Thus, the contested provision is alleged to infringe on their property rights established in Article 105 of the Constitution.
The Constitutional Court requested the institution that issued the contested regulation – the Cabinet of Ministers – to submit, by 2 September 2024, a letter with a reply detailing the circumstances of the mater along with the legal rationale. The deadline for the preparation of the case is 01 December 2024. The Court will decide on the procedure and date for hearing the case once the case is prepared.
The related Case No. 2024-17-03
Linked case: 2024-17-03