How to split utility bills. How to divide a personal account in a municipal apartment
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April 19, 2017, 12:48, question No. 1613535 Elena, St. Petersburg
Is it possible to separate personal accounts in a municipal apartment?
Hello. We have a municipal apartment for two families! Tell me how we can divide personal bills for payment? How to fill out an application?
How to divide a personal housing and communal services account if a privatized apartment is divided into 4 shares?
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Many people have a question about whether it is possible to divide a personal account in a privatized apartment.
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Let's see what is said about this in legislative norms. We will indicate how to proceed so that in the future you can pay only part of your utility bills.
It is not always possible for co-owners of an apartment to agree on how much each of them needs to pay for housing and communal services.
And therefore they are trying to resolve this issue by determining the amount of payment in accordance with their shares.
Citizens living in private houses can pay separately for gas, water and electricity, as it is possible to install separate meters.
But the owners of a communal apartment receive a payment bill that does not reflect the objective financial burden on each tenant.
How to be? – Split personal account. How is this procedure carried out?
Basic moments
Payments for utility services are systematically received in the name of the apartment owner. Accrual is carried out according to the current personal account. What is it?
Definitions
The personal account section refers to the payment of utility bills on separate payments.
The financial personal account reflects the following information:
- apartment address;
- area, number of rooms;
- information about owners;
- number of people in the family;
- existing benefits that citizens enjoy.
Based on such information, the service company will generate a receipt.
It is assumed that when sharing an apartment, the co-owners must independently resolve issues regarding maintenance costs. And here it is worth knowing that a personal invoice and a payment receipt are different concepts.
Regulatory regulation
Invoices are generated taking into account the following information:
- square;
- number of citizens registered in the premises.
By default, the agreement is concluded with one owner, and receipts will be sent to his name. All co-owners must be jointly and severally liable.
The procedure is possible subject to the following conditions:
It is worth considering that the legal provisions do not refer to the division of accounts. But you can issue several bills.
Registration procedure
How to divide a personal account in a privatized apartment in Moscow or another region Russian Federation?
To split the bill, you need to officially transfer the apartment to shared ownership. This task is realistic if citizens agree and give written confirmation of their approval.
How to write an application
In the application for the allocation of a share of payment for housing and communal services, you should indicate the following information:
Through the court
Citizens are not always able to peacefully resolve the issue of dividing an apartment into shares. Therefore, you have to go to the judiciary.
When is the procedure usually performed using this method? – When shared ownership of the apartment was not registered.
To receive it, they submit statement of claim to court. paid by persons in accordance with the share of the plaintiff.
The applicant prepares documents individually, since evidence of the right to an apartment may differ. Often people come to the judicial body who cannot reach an agreement.
Based on the documents presented, the judge will determine what order should be followed when using real estate, as well as when paying utility bills.
Documents to be attached to the application:
- photocopy of ID;
- technical passport and floor plan of the house;
- extract from the house register;
- photocopy of personal accounts;
- payment confirmation of payment of the state duty.
The case will be considered by a magistrate according to simplified procedures. It is not necessary for all co-owners to attend the meeting. Only the applicant himself, who is the owner of one share, can be present.
The case is considered 30 days after the claim is filed. The judge will issue a decision within the next 10 days.
After receiving a court order, you need to go to the housing and communal services department, announcing a request for separate receipts.
Employees do not really like to issue different receipts based on a court decision. If you are denied this, go back to court and file a new claim.
Through the management company
If the co-owners of the apartment do not object to the division of rent, then the matter will not go to court. It is enough to appear at management organization with a statement drawn up by each owner.
Be sure to bring with you a certificate confirming ownership of a share in the premises.
The utility company employee will issue several bills, distributing the payment among the residents.
After completing this procedure, each owner will receive a separate receipt for payment of utilities.
If a single receipt is divided, this will not mean that the apartment will turn into a communal one, and shares will not be redistributed between the co-owners.
Only the procedure for paying for utility services changes, but the rights to property are not regulated.
The amount of the payment will not depend on how much space you occupy. Only the part of the premises that is registered as your property is taken into account.
If the co-owners do not conflict, then the obligations are distributed on a voluntary basis in any form.
You can contact representatives. But such a desire should come from all owners.
In many cases, it is sufficient to draw up an agreement that specifies the procedure and deadline for payments to be made.
It is advisable to have such a document certified by a notary office and shown to the management company.
The service company may require the following certificates:
- certificate of registration of ownership rights to shares;
- information about the place of residence, if the citizen was registered at a different address;
- data on checking the metering device;
- sample extract from Rosreestr;
- documents that will confirm the absence of debts on certain bills (gas, internet, telephone).
Any change in the payment procedure is recorded in the agreement and certified by a notary.
If the property is joint (without consent)
When privatizing premises, it is usually not shared ownership, but joint ownership. This procedure takes place if the object is spouses.
Each of them becomes a co-owner and equal owner of the home. If the spouses get divorced and start dividing the common area, then there will certainly be a need to issue a separate payment.
After all, both husband and wife do not always fulfill their obligation to pay for services in equal parts. In most cases, even more disagreements arise on this basis.
Video: personal accounts section
In this case, the only solution is to first change the form of ownership. How to divide a personal account in a privatized apartment into shares?
An agreement is drawn up to divide the apartment into shares in a notarial manner. Such a document stipulates the division of property.
When the object is divided into shares, Rosreestr will issue new document, indicating that each spouse has been assigned his or her share.
Based on this certificate, authorized structures will issue personal accounts and determine the amount of rent.
Citizens must collect certificates and go to the housing and communal services department, where they should write an application for the allocation of separate accounts.
The authority’s employees will break down the payments and send each apartment owner a separate receipt. Where should I go to share an apartment? - To the city court.
Is it possible to divide a personal account in a privatized apartment with a debt?
The common ownership regime presupposes the presence of several owners. But sometimes one or more copyright holders live elsewhere, and therefore do not pay the bills.
As a result, debt accumulates. Debt also arises if a person deliberately evades paying for housing and communal services or is unable to fulfill his obligations due to financial difficulties.
The fact of having debts does not prevent separate payment for services.
If one co-owner refuses to contribute his share of the funds, then citizens can apply to open a separate personal account.
This way you will protect yourself from the possibility of being sued for debt.
Questions regarding the division of accounts in privatized premises for which there are debts arise when receiving apartments as an inheritance.
In accordance with regulatory documents the amount is divided among all persons who inherited the object in proportion to their shares.
Citizens who have property rights can stipulate another way of dividing the debt. If one of the owners does not pay the bills, the debt is repaid at the expense of the other owners.
They can also file a claim against the debtor and recover the amount that was paid.
Although at the legislative level personal accounts are not subject to division, it is not prohibited to establish what amount each co-owner must pay. This way you can preserve the interests of the bona fide owner, as well as the management company.
We can summarize that only co-owners can share personal accounts in a privatized premises.
If a citizen is simply registered in the apartment, but does not have the rights of the owner, then separate receipts will not be issued to him.
If the conditions stated above are met, then you can safely contact the authorized body so as not to pay for your neighbor in the future.
If you still have questions regarding the section of your personal account for housing and communal services, contact a specialist who knows the nuances of housing legislation.
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There is enough in the Russian Federation a large number of people live not in privatized apartments, but in state-owned ones (under a social rental agreement). Sometimes situations arise when it is necessary to divide utility bills between residents. But it is worth noting that doing this in a municipal apartment is a little more difficult than in a privatized one.
Differences between municipal housing and privatized housing
The first step is to understand how these two types of residential premises differ. A privatized apartment belongs to one or more people who have everything on it Required documents. They have the right to carry out any operations with the premises: sell, rent, etc.
In the second case, the living space belongs not to one or several people, but to the state. First, people are required to enter into an agreement with the municipality, and only then do they receive the right to live in it. As a rule, only one family member, who is the tenant, signs the agreement (previously, such a citizen was called the main tenant). However, all residents of the apartment who are included in this agreement, have the same rights to residence and use of housing.
Quite often, residential premises belonging to the municipal housing stock are former dormitories, which enterprises transferred to local governments.
What is a financial personal account
Absolutely any residential premises has its own personal account. It states full information about the apartment. For example, the number of registered people, what floor they are on, etc. The personal account also indicates all utilities that are provided for a specific residential premises.
Exist different ways calculation of utilities: based on meter readings, apartment footage or the number of people registered in a given home. In this way, a certain amount is obtained, quite often of a decent size. This is especially true for large cities.
How to divide bills in a non-privatized apartment
We found out how privatized housing differs from public housing. The question arises: how can you divide bills in a non-privatized apartment? This procedure is carried out by determining the share of each person living in this premises. There is also an option that the parties themselves can agree and notarize who should pay for utilities and how much. 
If people living in the same apartment cannot come to a mutual decision, they have to split the bills through the court. After considering all the materials of the case and making a clear decision, you can submit documents for the division of accounts in a non-privatized apartment in housing office. However, in the overwhelming majority of cases, they do not want to help and refer people to other authorities.
Often, in order to divide a personal account in a non-privatized apartment, you have to go to court. It is worth noting that most of social contracts were concluded between the state and people before 2005. More than 10 years later, many families have grown. Now several families live in the apartment, but only one was occupied. In such cases, conflicts often occur. This raises the question of how to divide bills in a non-privatized apartment.
It is worth noting that in modern Russia Splitting accounts is quite often practiced. After all, it is convenient and simple for the majority of the population. There is no need to quarrel and decide who should pay how much - all payments will be made in accordance with the current legislation of the Russian Federation.
Law on separation of personal accounts
However, according to the legislation of the Russian Federation, there are no specific rules on how to divide accounts in a non-privatized apartment. Therefore, the court does not consider this type of case. All they can do is determine the amount and procedure for paying utility bills.
People who live in privatized housing must pay bills according to their share of ownership. In a municipal apartment, things are different. In such housing, it is not possible to determine the share of each resident, but it is possible to determine the order of residence of each and the method of paying for utilities. To split a personal account in a non-privatized apartment, each resident will be required to enter into a social rental agreement. However, in practice, such a procedure is simply impossible. According to the current legislation of the country, an agreement can only be concluded with one person. Therefore, everyone will have one personal account - and there is no way to change this, even through the courts.
Going to court
When people live in government premises and they cannot agree on who should pay for utilities and how much, they need to do the following. It is necessary to file a claim for the allocation of a share and the payment procedure. If you file a claim on how to divide bills in a non-privatized apartment, it will not be accepted.
First of all, you need to fill out the application correctly. You can obtain forms from various law firms. If necessary, you can use their services; they will help you draw up your application correctly. It is also necessary to add to it the passports of everyone who lives in a particular municipal apartment, and a social tenancy agreement.
When the court made its decision
When did it take place court hearing and a decision has been made on it, you should contact the management company. Here you need to show the court decision and determine your share in paying for utilities. In a non-privatized apartment, the same personal account remains, but significantly more receipts will appear. All of them will come individually to everyone. Thus, if utility bills are divided among three people, then each of them will receive receipts in his name. The amount of payment will directly depend on the court decision.
From now on, everyone will make payments independently and bear separate responsibility for late payments. Some citizens, after a refusal in court to divide financial personal accounts, appeal to higher courts, but even there they are refused, since according to the law of the Russian Federation, adopted in 2005, this is impossible to do. This law was adopted to ensure that the number of communal apartments does not increase.
There is another reason why residents want to separate personal accounts. These are those citizens who live in emergency or dilapidated housing and want to receive separate free apartments when relocating. After the adoption of the new law, this is not possible. Therefore, the question of whether it is possible to divide accounts in a non-privatized apartment becomes irrelevant in this case.
Responsibility for late payment of housing and communal services
After each of the residents was assigned their own share of paying for utility services, the residents became obligated to pay their receipts on time. Thanks to this, everyone who was divided by the court is responsible for late payments separately.
If one of the residents does not fulfill their obligations and has not paid anything for three months, the management company has every right to file a lawsuit. Then all materials regarding the defaulter are studied and a decision is made. It is worth noting that if a person leads an incorrect lifestyle and does not have good reasons for not paying utility bills, then, most likely, he will simply be evicted from the premises.
The situation is different with a privatized apartment: since the housing belongs to a specific owner, it is impossible to evict him. But in this case, the court may seize the bank cards through which a person receives a salary, or property. 
What are the criteria for dividing into shares?
In most cases, the court makes the same decisions in standard cases of this type. If two people live in a residential building, then each of them will pay the bills for half of the apartment. If, for example, one person lives with a child, then he will have to pay more than half of all bills.
But the apartment can also be one-room. What to do in this case? The same as in a two-room apartment: each of the residents can be allocated his share of paying for utilities, and then everyone will be able to pay only for themselves. The amount of payment can also be determined by the judge. However, do not forget that there is still only one personal account.
Conclusion
It is possible to split the payment of bills in municipal apartments and, as you can see, it is quite simple to do. You just need to prepare a few papers, fill out an application and take it to the court. After this, a decision is made - and everyone living in the residential premises will pay for utilities as decided by the court.
Very often, homeowners living together have problems dividing the bill between tenants.
What it is?
What is the division of tenants' bills by? This process characterizes the payment for the maintenance of a privatized apartment from all individuals to whom it belongs. On the one side, this procedure It’s easy to carry out, but it carries many different nuances.
Such a separation is possible if the spouses are divorced and live in the same living space. They must contribute funds for home repairs and... There may be such grounds for splitting the account: upon request ex-spouse and at the request of the tenant under the agreement for the right to use the living space.
How to divide the account in a privatized apartment, what needs to be done for the division?
This process is usually carried out in two versions:
- with a voluntary agreement of two parties who independently drew up the provisions;
- by using trial, the court decision must be executed by both people.
In order to complete this process, certain conditions must be present:
- Isolation of rooms from each other in the apartment;
- An individual submitting a request for division of an account must have a room that is the size of his share. According to the law, all residents have similar rights;
- The kitchen must have a certain size, which is at least 6 sq.m.
If these conditions are not met, then you will be denied service.
To carry out this process, residents need to contact the REU or management company that services the apartment building. You will need to prepare:
- a statement that must be signed by the owners (sample -);
- a copy of certificates confirming the right to own a share of living space;
- identification documents;
- plan .
In the application, it is necessary to indicate the size of the share, since payments will be made for it. The more living space you have, the more you pay.
The review period may vary, as it is not established by law, and therefore depends on the work schedule and workload of the relevant organization and may last from a week to a month.
If your application is approved, you will receive a written notification, and then you will receive receipts. If refused, go to court.
Division through court
In some cases, you have to go to court for division, and you must be the owner of a share of the property. To resolve this issue, you need to draw up a statement of claim to recognize the right of ownership and pay the state fee. Its size will depend on the size of the share ownership in the apartment.
The problem in this case may be the disagreement of other owners. The statement of claim must be accompanied by a receipt confirming payment of the state fee and a copy of the certificate of ownership.
After the court has made its decision, the owner can contact the Housing Office in order to be allocated a share of the payment for services.
So, what should you do to split your personal account:
- get the right to
- go to court and housing office.
To obtain the right to a share in the apartment, you first need to agree on this issue with the other owners. Then draw up an agreement form for receiving a share; all owners must sign this document (sample form -).
Statement of claim to determine the procedure for using an apartment in common shared ownership
Afterwards, you must submit an application so that the received share is registered in the state as ownership of part of the property.
Required documentation for the court:
- Application (sample on the right);
- Passport;
- Property plan from BTI;
- Certificate confirming income;
- A copy of the personal account.
Division by consent
If all residents have agreed to split the bill, then the following conditions must be met:
- All owners must transfer the apartment into shared ownership. This means that it is necessary to conclude an agreement on the division of personal accounts in writing (sample -) and have it certified by a notary.
- Next, homeowners must obtain certificates of ownership of their shares in the authorities. Based on the size of the share, the accounts will be divided.
- The next step should be for the owners to contact the organization providing utility services and provide an application for the allocation of a personal account and a certificate of right to housing.
After all these procedures, the owners are allocated a separate personal account and then payment receipts will be sent, corresponding to the shares of each tenant.
Section of a personal account in a non-privatized (municipal) apartment
Splitting a personal account is possible if two families live in an apartment and is possible using the following options:
- privatize the apartment and then divide it;
- contact the EIRC institution for a peaceful separation of accounts. In this case, you must provide an agreement of all residents, certified by a notary. If you refuse, you can go to court, and if the court makes a positive decision, then the EIRC will have to split your personal account.
Before filing an application with the court, it is necessary to consult with a lawyer and find out whether a positive settlement of the issue is possible in the given region. Since not all courts decide these issues in favor of the applicants, there is a chance of refusal to divide personal accounts.
Learn more about dividing your personal account for an apartment in the video.
A lawyer talks about the procedure and rules for dividing a personal account into an apartment.
Personal account for the apartment opens for all residential premises (house, apartment) regardless of the form of ownership. That is, housing can be either privately or municipally owned.
Using your personal account, you can track information about payment of payments for the use of residential premises, whether it is the owner or the tenant. It must also be said that it is not on the owner on this or that right of ownership of housing, but directly to the apartment(house, dorm room, etc.). If several people live in the premises, then the personal account will contain information about this.
This document contains data about the apartment, about the responsible tenant and about the persons living with him, etc.
A financial-personal account may exist in cases provided for by law (for example, for housing). The exception is the account section.
To receive an extract, the responsible tenant must contact with appropriate statement to the management company. The production time for such a document is no more than three days. You can also contact the multifunctional center and use this public service.
How to find out the personal account of an apartment
In order to find out information about the personal account of the apartment, the person registered in it must contact the management company that manages the apartment. apartment building or in a homeowners association (HOA), if the owners have chosen direct management. You can also order such information through Multifunctional Center.
In order to receive an extract from your personal account, you must submit the following documents:
- identification document of the person applying for the extract. As a rule, this is a passport;
- lawful documents, namely a certificate of state registration of rights (extract from the Unified State Register), a social tenancy agreement for residential premises, etc.
Extract from the personal account
An extract from a personal account is a document containing data on the area of the premises. Based on this data on the area, utility bills are calculated.
The extract is confirmation the fact that he is a citizen and lives at a specific address.
Using your personal account, you can see the debt or lack of debt for payments for the maintenance of the residential premises.
A document of this kind is issued by the management company or HOA. To obtain it, you must contact the company or HOA. As a rule, the finished document can be obtained in two or three days. The statement can be used within one month. After this period it becomes invalid.
Extract from the personal account must contain the following data:
- personal data about the responsible tenant, allowing him to be identified;
- information about the apartment (apartment number, floor on which it is located, number of rooms in the room, etc.);
- about what amenities the apartment residents use (heating, running water, electricity, natural gas, elevator, availability of a bathroom, etc.);
- about the total area (residential and non-residential area must be indicated) of the apartment;
- information about persons registered in the premises (last name, first name, patronymic, date of birth, passport details or details of the child’s birth certificate, etc.).
How to open a personal account for an apartment
The personal account is opened on specific apartment, in which several residents can live. In connection with which it opens to the responsible tenant.
In order to become responsible The tenant must meet the following criteria:
- The citizen must be an adult.
- Capacity, that is, a person must be aware and account for his actions.
- The person must be registered in this residential premises.
To open a personal account for an apartment, you must present the following: documentation:
- certificate of state registration or, in the case where the apartment is municipal, a social tenancy agreement;
- the basis document, namely a purchase and sale agreement, a gift agreement, etc.;
- act of acceptance and transfer of the apartment;
- passport;
- if the interests of the tenant are represented by a trusted person, then a power of attorney.
It must be borne in mind that documents must be submitted in copies and originals. Originals are required for verification with copies.
Opening upon change of owner
Re-registration of a financial and personal account is required when ownership is transferred to another person. For this it is necessary contact to the management organization. Next, you should contact the unified information and settlement center to renew contracts to the new owner with power engineers, a water supply organization, a gas supply organization for the supply of resources.
You must have with you documentation:
- passport;
- certificate of registration of rights, social tenancy agreement for the new owner, tenant;
- a certificate about the number of registered persons in the apartment.
Splitting a personal account
The division of a personal account becomes necessary when a situation occurs that more than one family living in an apartment runs a separate household, and the responsible tenant must pay. This happens, for example, when spouses divorce and are forced to live together in the same place of residence, but in different rooms, and also when children start their own families.
The division of personal accounts is only the distribution of responsibilities of people living together to pay utility bills.
It must be borne in mind that this does not entail a change in the terms of the social tenancy agreement for each resident.
The use of such measures allows two separately Families running a separate household pay only according to their personal account, which makes it possible to resolve disputes about who consumes more.
How to divide bills in a municipal apartment
It is possible to split a personal account if the apartment is municipally owned and used by the tenant, but as judicial practice shows, not in all cases. The Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) does not provide for the division of a personal account into a municipal apartment.
But, nevertheless, in accordance with paragraph 4 of Art. 69 of the Housing Code of the Russian Federation, if a citizen ceases to be a member of the tenant’s family, then he does not lose his rights in relation to housing. At the same time he is independently responsible, including for non-payment of utility bills.
From the systemic interpretation of the norms of the Housing Code of the Russian Federation, it follows that the parties, if necessary, to split a personal account can conclude an agreement among themselves to pay payments for the maintenance of the apartment. However, there are cases when it is not possible to reach an agreement and the parties to the conflict go to court.
But the court will take into account whether the pre-trial procedure was followed dispute settlement. The parties should try to come to an agreement by drawing up a notarial agreement, and also contact the unified information and settlement center with an application for splitting the account. If a refusal follows, it must be written and justified. It will also need to be presented to the court.
The responsible employer must submit statement of claim to court with the requirement to determine the shares of each person living in the apartment. In this case, the court will determine the shares of each user and indicate who will have to pay what share of utility bills.
But in this case, the conclusion of a separate social rental agreement will not follow, since the current Housing Code of the Russian Federation does not provide for such a procedure. A similar position is set out in the Resolution of the Plenum Supreme Court RF dated 07/02/2009 No. 14 "About some issues that arose in judicial practice when applying the Housing Code of the Russian Federation".
The citizen appealed to the court with a demand to divide her personal account into a municipal apartment. This apartment was previously provided under a social rental agreement as official housing to her husband. She and her husband divorced, and the husband has not paid utility bills for a year.
The court refused to satisfy the claims, since it is impossible to divide the personal account into official housing.
Is it possible to split bills in a privatized apartment?
It is possible to divide a personal account if the apartment is registered in shares. If it is carried out for one owner, then splitting the account does not make sense.
If the apartment is in shared ownership without indicating square meters belonging to each of the owners, then allocation of share in kind and subsequent division of a personal account is possible only in court.
The court will refuse to satisfy the claims if:
- the apartment is privately owned by a citizen;
- the apartment is under arrest or other encumbrance;
- housing is for service purposes.
It is possible to open a separate personal account only if it is for a separate room in the apartment, not adjacent to other rooms. In addition, it must comply with sanitary and technical standards.
Citizen Popova went to court with a demand to divide utility bills. After a divorce from my husband, the apartment was registered as shared ownership of ½ each. The husband has not paid utility bills for two years now and she bears the entire burden of expenses for the apartment. She also asked to recover from her ex-husband half of the payments paid for two years.
The husband filed a counterclaim, saying that he was paying the payments regularly. Citizen Popova made payments using her personal card and submitted a bank statement to the court. The court satisfied the requirements in full.
Conclusion
A personal account for an apartment is issued regardless of its form of ownership (private or municipal). A personal account is opened for the responsible tenant. This may be the owner of the apartment or its tenant.
We must keep in mind that this can only be an adult, capable citizen registered in this apartment.
To carry out various types of transactions with an apartment, you must provide an extract from your personal account. It is the document confirming that a given citizen is registered in the apartment, as well as any existing or absent debt on utility bills.
In the case where the apartment is registered as shared ownership and there is a need to separate personal accounts for utility bills, it is possible to reach an agreement between the co-owners by drawing up a notarial agreement. When you can’t reach an agreement, you need to go to court.
In this case, the court will satisfy the requirements if the apartment meets sanitary and technical requirements.
Question
Re-registration of financial and personal account
The personal account is registered in my father's name. He died, but nevertheless the bills still come in his name. What needs to be done if the apartment is municipal?