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How to divide a personal account to pay for an apartment. Dividing a personal account for utility bills

Sometimes disagreements arise between owners of the same home regarding payment of utility bills. In order for each tenant to pay utility bills individually, Russian legislation provides for Articles 155 and 156 of the Housing Code, according to which each owner has the right to contact the ERIC with a demand for the allocation of a personal account.

According to the Housing Code of the Russian Federation, submit to the section of your personal account for payment utilities Only citizens who are not a family at the time of submitting documents are eligible. In other words, homeowners should not be related by family ties or be a divorced couple. They must have income independent of each other.

The need to divide personal accounts in an apartment may arise if the owners of the apartment maintain separate households and are not financially dependent on each other. For communal apartments, the personal account section is especially relevant, since all residents consume resources separately and no one wants to pay for other people’s services. In this case, residents prefer to install individual meters for accurate counting. Let's figure out how utility bills are divided in municipal and privatized apartment.

Procedure for splitting an account in a privatized apartment

According to Article 154 of the Housing Code of the Russian Federation, each owner is obliged to make payments for his housing. If there are several owners, then these responsibilities fall on the owners in equal shares.
There are 2 options for dividing a personal account in a privatized apartment:

Voluntary - carried out with the consent of all residents to allocate a share in paying bills. In this case, you need to confirm shared ownership property (division of property married couple). Both parties enter into a written agreement, which is certified by a notary. Having determined the share and ownership of housing, owners are required to contact Rosreestr to obtain a certificate for their shares. After which, with all the documents, you must contact the company supplying utilities with an application for the allocation of a separate account. Next, utility services review the application and decide on the advisability of dividing personal accounts.
In court - carried out with the disagreement of all owners. Allocation is carried out only by court decision. To do this, a claim is filed in court to delimit the procedure for using the apartment, including utilities. You must provide a certificate of shared ownership to the court and pay a state fee. If the claim is satisfied, the housing office is obliged to split the tenants' bills.

Most often, housing and communal services workers are reluctant to accept voluntary statements to the accounts section. A court order is considered a more significant basis for this procedure. The reason for refusing to release accounts may be the presence of debt; in this case, the court has the right to oblige the owners to pay the debts and only after that the claim will be satisfied. If the tenant does not have property rights, then he does not have the right to apply for the purpose of allocating utility bills.

Important! If not all owners agree to the payment, it is necessary to first go to court with a claim for recognition of ownership rights (if there is none).

Procedure for splitting an account in a non-privatized apartment

The section of personal accounts in a non-privatized apartment can be divided into 2 options:

Voluntary - if all residents agree to split the bills. In this case, it is necessary to draw up and notarize an agreement on the division of accounts. This document is issued only with the consent of all residents registered in the apartment.
In connection with the New Housing Code adopted in 2005, only people considered to be different families. Based on the agreement, it is necessary to contact the local ERIC for the section of payment documents.
In court - if all residents do not agree to the payment of payments. In this case, the court is filed statement of claim on determining the share required to be paid for each tenant and dividing the bill between tenants. A lawsuit is also filed if the ERIC refuses to share payments based on an agreement concluded between residents.

Important! If a debt arises due to the fact that not all tenants pay for utilities, then the responsible tenant has the right to go to court to demand the collection of debts from non-payers.

The procedure for dividing a personal account through the court

The procedure for dividing a personal account through the court occurs when one or more owners disagree with the allocation of payments. If you have questions about how to divide utility bills, you should contact a lawyer who specializes in housing codes.

The duration of consideration of the claim depends on the reliability of the information and the availability of a complete package of documents. If tenants go to court with a claim to split the account, despite the fact that they have a voluntary agreement in their hands, certified by a notary, but for certain reasons the ERIC refused such a service, then the legal battle will last until the debt is paid. The court may refuse to divide the account if it does not comply with the housing parameters specified in the Housing Code of the Russian Federation (size of rooms, presence of a kitchen, etc.).

Following a court ruling in the residents' favor to issue separate bills, the utility is required to issue separate bills to the people as early as next month.

In what proportion are utilities paid after splitting the bill?

For the trial, the plaintiff provides the parameters of all rooms, and also indicates which one he lives in. The division of the account depends on the number of people registered in it. As a rule, the apartment is paid for after dividing the personal account in equal shares for all residents (heating, maintenance, etc.). In this case, you definitely need to find out. And, as you can see, there is simply no formula for dividing apartment bills. In order to pay for the services they consume, residents install meters (water, electricity, etc.). Separate utility bills require a change in the tenancy agreement, so when this procedure is carried out, the tenant can privatize the room and pay the bills separately. But then be sure to study everything.

The division of utility bills is regulated by civil and housing legislation. Having a share in a privatized apartment, its owner has the right to pay only a certain part of the services provided by the housing and communal services (HCS).

To separate the payment for utility services, bills are formed depending on the total area of the apartment and the number of residents registered in it. This information is taken into account when drawing up an agreement for the provision of housing and communal services.

How to split the bill in a privatized apartment

Owners of shares in residential premises sometimes have to decide how to divide a personal account in a privatized apartment.

If you own housing, the contract is drawn up with one of the owners of the real estate. The receipt for payment of utilities is issued to the owner of the share with whom the agreement was signed; the remaining owners are jointly and severally liable.

If one or more apartment owners refuse to pay utility bills, problems may arise. conflict situations and accrue rent arrears. It can be difficult to resolve such issues on your own without knowledge of the law. Therefore, it is better to contact our lawyers who will help resolve the dispute voluntarily or in court. By dividing the personal account, each owner of a share in the apartment will be able to subsequently pay for a certain part of the services provided, which will avoid conflict situations.

There are many different ones, but they can be divided into two groups.

First group: the owners live together, but plan to pay separately.

Most often, the reason for this step is conflicts between residents, although there are exceptions.

Buy new apartment- the task for most citizens of our country is quite difficult, so many continue to live under one roof, despite disagreements.

And since the budget still ceases to be common, the division of the personal account of a privatized apartment is quite logical and fair.

Typical situations of cohabitation of owners with separate accounts:

Former spouses who do not have other housing, and it will not appear in the near future;
Parents and their adult children, who often start a family before they start their own apartment;
One of the owners for a long time lived in another place (or, for example, served a sentence), and then decided to return.

Second group: some of the owners have not lived in the apartment for a long time, without deregistration, and other owners do not want to pay for it.

Typical situations are similar to the previous ones:

one remains to live in the apartment, and the other moves to a new place, while remaining the owner;
Adult children have their own housing, but are registered in their parents’ apartment;
The apartment was privatized by relatives, one or more of whom live elsewhere and do not pay for themselves.

What is a personal account?

In all of these cases, dividing a personal account in a privatized apartment is the only way to act fairly towards each other or get rid of the need to pay for negligent relatives.

This process is simple, but has a number of very important nuances, which need to be taken into account.

Take, for example, the fact that There is no concept of “section of personal accounts” in modern legislation, and this often leads to confusion.

To avoid it, you must first find out what a financial-personal account is. This is a special document that is mandatory for any housing owned or owned by citizens under a social tenancy agreement.

Financial and personal account issued for an apartment And contains information about the room: area, number of rooms, availability of water supply, sewerage, elevator and other similar information. Data about residents is also entered here.

Based on all of the above, a monthly fee for using the apartment and utilities is calculated. Consequently, a financial-personal account is a kind of accounting statement.

It is not subject to division since March 1, 2005 when the Housing Code of the Russian Federation came into force. Its predecessor, the Housing Code of the RSFSR, did not exclude this possibility, but the goal of the state’s new housing policy was to eradicate communal apartments, so the apartment became an indivisible unit that could have only one financial and personal account, regardless of the number of owners.

This document is often confused with utility bills, and it is not forbidden to divide them among all owners of the apartment, or to allocate its personal part to someone alone.

Places public use will remain common.

List of documents required for registration of ownership of the room:

Statement on behalf of everyone registered in the room. Residents who refuse privatization in favor of other participants need to document their decision and have it certified by a notary;
Certificate of registration at the place of residence (form No. 9);
Cadastral passport and rooms;
Certificate of absence of debts on utility bills;
Passports of privatization participants.

Having concluded, you need to register ownership and register the property with the BTI.

Where to file a claim?

When dividing utility bills, many disputes may arise that will have to be resolved in the courts. You should know that:

To allocate a share or assign a procedure for use, you must file a claim to the district court at the apartment address, regardless of the actual place of residence of the plaintiffs and defendants;
Statements of claim demanding division of personal accounts filed with the court at the location or registration of the defendant;
If you have difficulties with a management company that refuses to split accounts, the claim is filed in the magistrate’s court at the address of the organization’s location.

A well-drafted claim is half the success of the case., therefore, its preparation must be approached as responsibly as possible, attaching a convincing evidence base to it, for example, a copy of the divorce certificate, receipts for payment of utilities, written refusals from the management company and similar documents.

The statement of claim is submitted in the number of copies according to the number of participants in the process(court, interested residents and organizations).

So, separating personal accounts in a privatized apartment is sometimes a difficult task, but still achievable. In our country, where buying a home is not easy, many citizens take advantage of this opportunity.

Practicing lawyers note that most of them manage to achieve what they want, albeit with the help of the court, so it is in everyone’s interests to agree on everything voluntarily, saving time and money.

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Cohabitation of citizens is often a forced measure and serves as fertile ground for the emergence of various kinds of conflicts.

The presence of such disputes does not relieve residents from the burden of bearing joint expenses for the maintenance of residential premises and does not give them the right to evade them. The problem of separate payment for housing and communal services can be solved using the section of the personal account of the residential premises. More details about the procedure and methods for dividing a personal account will be discussed in this article.

The concept of “Section of a personal account in a privatized apartment”

The term “separation of accounts” does not exist in the current legislation of Russia. However, this phrase has firmly entered into circulation to denote the process of allocating a share in payment for housing and communal services to each owner of a share of real estate.

To open a personal account, the following information is required:

living space area;
the number of persons registered in it.

The owners enter into agreements for the provision of utilities and maintenance of the local area. At the same time, they have equal rights to use the premises and obligations to pay the receipt.

In accordance with Article 249 Civil Code In the Russian Federation, each participant in shared ownership is obliged to pay payments on the common property in proportion to his share, as well as to participate in the costs of its maintenance and preservation.

Based on clause 5 of part 2 of Article 153 of the Housing Code of the Russian Federation, the obligation to pay for residential premises and utilities arises from the owner of the premises from the moment the ownership of such premises arises.

Other owners bear joint liability for failure to fulfill obligations to pay housing and utility bills until the procedure for incurring these costs is changed based on an agreement of the parties or a court decision that has entered into legal force.

It is not always possible to agree peacefully on each of them paying equal amounts on a receipt, which is why there is a need to create a separate payment document for each owner.

Division is possible only if the following conditions are met:

a separate account can be issued only for the owner of the share;
registration without owning a share in the living space does not give the right to have a personal account;
division is possible only in privatized housing.

According to the new housing legislation of the Russian Federation, the division of accounts in a municipal apartment is not provided.

The formation of a separate payment is made only on the basis of the Certificate of Ownership. It is also unacceptable to separate personal accounts if the apartment is one-room.

How to divide bills in a privatized apartment?

There are two options for the accounts section:

Draw up an agreement with all owners of residential premises and submit an application to the management company (homeowners' association) for the allocation of accounts and execution of an agreement for the provision of housing and communal services and maintenance of the local area with each owner separately;
Filing a claim in court - in the absence of agreement between the owners or in the event of the management company refusing to divide the accounts.

Each of these methods has its own features and characteristics.

Where to contact?

The simplest option is to submit an application to the management company (homeowners' association) to which the residential premises belong.

A more complex and costly method would be to file a claim with the district (city) court at the location of the real estate. However, this option will remain the only one if there is a dispute between the owners, one of the co-owners evades participation in sharing the burden of maintenance costs, or if the management company refuses.

Applying to the management company - step-by-step instructions

If all property owners agree to determine their shares for utility bills, then they should submit an application to the management company.

Step 1. The owners will have to enter into an agreement among themselves, in which they will indicate the share of reimbursement of expenses for payment of utilities and similar services. Such an agreement can be concluded in simple written form and does not require mandatory notarization. (clause 1 of article 160, subclause 2 of clause 1 of article 161 of the Civil Code of the Russian Federation, clause 12 of the Resolution Supreme Court RF dated July 2, 2009 No. 14).

Step 2. With this agreement, the co-owners apply to the management company (the executive body of the homeowners’ association) and organizations that provide resources and sign an application to allocate each individual personal account.

The following documents must be submitted along with the application:

an extract from the unified register of rights to real estate with a deadline for issue no later than a month before the date of application (for real estate privatized after July 2016) or a certificate of ownership;
cadastral passport for residential premises;
civil passport of each owner of the property.

Legal basis: Art. 249 Civil Code of the Russian Federation, Part 5, 6.1, 7, 7.1 Art. 155 Housing Code of the Russian Federation, clause 2 of the Moscow Government Resolution No. 111-PP dated March 1, 2005, clause 27 of the Supreme Court of Russia Resolution No. 22 of June 27, 2017).

The application can be submitted by contacting the multifunctional center.

Step 3. If approved, an agreement for the provision of utility services is drawn up with each of the owners separately, after which payment is distributed to each owner in proportion to his share.

From this moment on, each share owner will receive a separate payment document and will be responsible for paying his part of the payments.

Step-by-step instructions when filing an application with the court

An application from the owners to the management company (HOA) is not an indisputable basis for dividing the personal account. For example, a refusal is possible if there is a large debt. In this situation, the issue will have to be resolved through the court.

Step 1. The claim is filed on the basis of the norm of Article 69 of the Housing Code of the Russian Federation, which proclaims the principle of equal distribution of costs for maintaining premises among residents.

The defendants in the lawsuit are: management company(homeowners' association), resource-providing organizations.

As third parties, in accordance with Art. 43 of the Code of Civil Procedure of the Russian Federation, other owners should be involved. The statement of claim itself is drawn up according to the rules specified in Articles 131-132 of the Code of Civil Procedure of the Russian Federation.

The subject of the claim should be:

determine the procedure and amount of participation in payment for housing and utilities;
divide the personal utility bill between the owners;
oblige the issuance of separate payment documents.

The claim is classified as non-property, therefore the price of the claim is not determined. State duty, in accordance with the provisions of Article 333.19 Tax Code RF, is 300 rubles.

You can also draw up a statement of claim yourself by finding a suitable sample in the public domain on the Internet.

When considering the case, the court takes into account the following circumstances:

area of the property;
the size of the owner's share in the common property;
other important information.

Step 2. At the end of the proceedings, the court issues a court ruling, which establishes the payment procedure and the share of expenses of each owner in the total amount of utility bills.

Step 3. After the court decision enters into legal force, the management company (homeowners association, settlement center) calculates utilities and charges payments in accordance with individual accounts.

Is it possible to split bills in a municipal apartment?

From a legal point of view, the division of accounts is the conclusion of new rental agreements.

It is almost impossible to divide a personal account if people who belong to the same family live in the apartment.

If this is not the case, then the court may satisfy the claim requiring the conclusion of new lease agreements, relying on paragraph 4 of Article 69 of the Housing Code.

In accordance with Part 2 of Art. 69 of the Housing Code of the Russian Federation, family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are capable and limited in their legal capacity by the court bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.

Joint and several liability does not provide for the division of costs for utilities on the basis of a concluded agreement.

If it is not possible to reach an agreement on the procedure for paying for residential premises and utilities between citizens living in residential premises under social tenancy agreements, then the share of payments of each citizen for residential premises and heating is determined in court (Part 4 of Article 73 of the Law of the City). Moscow dated January 27, 2010 No. 2 “Fundamentals of the housing policy of the city of Moscow”).

In accordance with paragraph 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code Russian Federation“, a former member of the tenant’s family has the right to demand that the landlord and the tenant enter into a separate agreement with him, determining the procedure and amount of his participation in the costs of paying fees for renting residential premises and utilities. Moreover, the proposal to conclude such an agreement may come from the employer.

Disputes arising in connection with the refusal of the lessor (tenant) to enter into such an agreement or in connection with the failure to reach an agreement between the parties on its contents are resolved by the court.

The courts, when considering such disputes, have the right, in relation to the provisions of parts 5 and 6 of Article 155 of the Housing Code of the Russian Federation, Article 156 of the Housing Code of the Russian Federation and Article 249 of the Civil Code of the Russian Federation, to determine the procedure and amount of participation of a former family member of the tenant in the costs of paying for living quarters and utilities, based on his share of the total area of the residential premises, with the imposition on the landlord of the obligation to conclude an appropriate agreement with the former member of the tenant’s family and issue him a separate payment document for payment for the residential premises (Determination of the Moscow City Court dated 03/02/2012 in case No. 33-6868).

How to privatize an apartment with separate personal accounts?

The procedure for privatization of housing in Russia is reflected in Law No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.”

Article 2 of this law establishes that citizens living in housing under a social tenancy agreement have the right to purchase housing in common property or the property of one person, including a minor.

Every Russian citizen has the right to take part in free privatization once, provided he has permanent registration in a municipal apartment.

The decision to privatize must be unanimous. One or more persons have the right to refuse to participate in the transaction (but must give notarized consent to privatization) in favor of the future owners. Refused tenants have the right permanent residence in a privatized apartment.

The legislation does not provide for the registration of ownership of part of the housing, so the apartment is privatized:

only entirely in shared ownership;
or into the property of one of the registered persons, subject to the refusal of the remaining persons.

To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.

Since the law prohibits the privatization of part of a common object, the possibility of acquiring ownership rights to a share appears when it becomes a separate object.

The transfer of ownership of rooms in a communal apartment, in which residents have separate personal accounts, is called partial privatization. When rooms in a communal apartment are privatized, the share of ownership will correspond to the size of the occupied room.

There is another, more complex option for privatizing part of an apartment - drawing up a separate social tenancy agreement for residential premises. If several families living in a communal apartment are in bad relationship between themselves, then the way out of this situation may be to leave.

If it is not possible to exchange an apartment, then residents can determine the procedure for using the residential premises voluntarily or in court. After which you should contact the owner of the real estate to conclude a separate social rental agreement and privatize the allocated room.

Conclusion

Current legislation and established practice make it possible to effectively solve the problem of dividing personal accounts between owners of residential premises by concluding an agreement between the owners or in court. In exceptional cases, the division of personal accounts in municipal housing is allowed on the basis of a court decision.

Partial privatization of residential premises is not provided for by law, therefore, to privatize an apartment with separate personal accounts, you should engage a lawyer specializing in housing law, who will be able to select an acceptable option based on the specific situation.