How to open a separate personal account. How to divide personal accounts in a municipal apartment and when is this possible?

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 Articles 155 and 156 of the Housing Code are provided, according to which each owner has the right to apply to 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 apartments.

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, it is necessary to confirm the shared ownership of the property (division of property among a 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 employees are reluctant to accept voluntary applications for the division of accounts. 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 drawn up 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, a statement of claim is filed with the court to determine the share required to be paid for each tenant and to divide the account between the 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.

Apartment owners, along with the right to dispose and use real estate, receive a number of obligations, one of which is the obligation to timely and promptly full size make utility payments. However, there are situations when residents cannot calmly agree among themselves how to distribute utility bills, because if the living space is divided into shares, then each co-owner bears this responsibility. In order to solve this problem, you can. Let's figure out how to do this.

In this article

What is a personal account

A personal account is a document that is generated for a separate real estate object and contains the following information:

• technical characteristics of residential property;
• information about owners and registered residents;
• information about laid communications and services provided.

Receipts for utility bills are generated based on your personal account.

Until 2005, when the government of the Russian Federation adopted a new Housing Code, the procedure for dividing a personal account (PA) was carried out by allocating a share in kind. That is, from one apartment or house, several separate residential premises with a separate entrance were allocated, in other words, a communal apartment was formed. Naturally, for each object, its own drug was formed.

Due to the changes, the authorized bodies are very reluctant to allocate a share in kind. Therefore, it has now become possible to generate individual receipts for shared ownership.

Separation of drugs under different forms of ownership

Before considering the possibility of allocating an individual account, it is worth saying that such a procedure can only be done in a privatized apartment. In municipal division is not possible.

Let's consider how the formation of individual drugs occurs in apartments with different types possessions:

• individual;
• general;
• shared ownership.

If the housing is individually owned, that is, according to documents it belongs to one person, and the remaining residents are simply registered in the living space, then it will not be possible to divide the property. After all, in fact there is only one owner and responsibility for the object lies only with him alone.

In the case where the property is jointly acquired, for example, it was acquired by spouses during marriage, then it is also impossible to separate separate accounts. First you need to get your share in the apartment allocated, and then request a split of the bill. The allocation of shares can be made either voluntarily through a notary, or in court. Based on a notarial agreement or a court ruling, Rosreestr makes the appropriate amendments, and now the owners of certain shares can apply for the formation of separate LANs.

Account splitting procedure

As a rule, the need to share responsibilities for paying utility bills arises when people living together cannot distribute responsibility on their own. This can happen due to discord in the family, due to divorce, when they find themselves in the same territory ex-spouses or when the living space was inherited by several strangers.

There are two options to solve the problem. The first is a peaceful settlement of the case through a housing cooperative or management company. The second is through the courts.

Section of drugs through the Criminal Code

If the co-owners of the real estate managed to reach an agreement among themselves, then they can resolve the issue peacefully without going to court. To do this, they need to contact the management company servicing the house with a request to divide the assets. They must have the following package of documentation with them:

Based on these documents, the management company will decide to create different accounts, and each owner will receive a separate receipt for payment of housing and communal services in accordance with his share.

Not necessarily the size individual payment utilities should be proportional to the share of living space. Co-owners may agree among themselves on a different distribution. In this case, they need to indicate this in the application to the management company.

Division of drugs through the court

However, neighbors are not always able to reach an agreement with each other peacefully. Especially if one of the residents leads an unreliable lifestyle. In this case, you will need to submit an application to the judicial authority. Such a need may also arise when the housing company refuses to allocate a separate account due to reluctance to deal with unnecessary hassle.

To open a claim, the applicant submits the following package of documents:

These cases are non-property, therefore they are subject to the jurisdiction of the magistrate, who is located at the place of registration of the immovable property. The state duty in 2018 is a fixed amount of 300 rubles.

The statement of claim for the division of drugs in a privatized apartment contains the following information:

1. The name of the body where the claim is filed, indicating the full name of the magistrate.
2. Information about the applicant - full name, passport details, registration address, phone number.
3. Information about co-owners, for whom personal accounts also need to be divided.
4. Information about the residential property, the shares of each co-owner.
5. Description of the reason for going to court.
6. Date of compilation and signature.

It is not necessary for all residents to be present at the hearing. It is sufficient if only the applicant is present in the courtroom. The meeting is scheduled 30 days after submitting documents to the court secretariat. The plaintiff receives a decision in his hands 10 days after the meeting.

As a rule, the court decides to divide the drug depending on the size of the share of each owner. However, this can be influenced. Let’s assume that a citizen owns part of an apartment, but lives and is registered at a different address. If he proves in court that he pays utilities at a different address, then the amount of housing and communal services in the shared apartment may be reduced for him.

One of the most common questions: is it possible to issue an individual LP if the apartment has a debt for utility bills? The mere existence of a debt is not an obstacle to the division procedure. However, the court may decide to distribute the debt among all co-owners. For their part, if the debt arose due to one person leading an unreliable lifestyle, the co-owners can apply to the court and collect the debts from him.

After the court has made a decision, citizens need to contact the management company. This can be done 30 days after the decision is made. It is after this period that it comes into force, and other parties have a 10-day opportunity to file an appeal. Now the Criminal Code no longer has the right to refuse to register individual accounts, because there is a court order for this.

A personal account section can be a convenient solution for many people who, by chance, find themselves sharing the same living space. This procedure will save many families from conflicts and help them cope with the responsibilities of managing and maintaining real estate.

Split personal account into municipal apartment, can be the employer, his relatives living with him, as well as former family members. All adult and non-incapacitated family members of the tenant also have the obligation to pay the costs of maintaining the living space.

You need to pay for utilities, incur expenses for Maintenance apartment building, pay it in a timely manner rent for housing. If they do not want to do this, then they can be forced to determine their share of the costs of paying for housing and communal services.

Pre-trial procedure for dividing a personal account in a municipal apartment

Residents in a municipal apartment can be co-tenants of the premises, or live as family members of the main tenant. Landlords of municipal housing will be local authorities. They are authorized to act on behalf of the municipality.

To figure out how to split the bill in a non-privatized apartment, you should find out whether the housing will be communal, with several isolated rooms, or an indivisible piece of real estate. In the first case you need:

• try to draw up a notarized agreement to determine the amount of payment for utilities;
• if the above document is drawn up, contact the EIRC with an application for division of the personal account;
• If the EIRC refuses, you should file a claim with the district court.

If residents do not live in a communal apartment, then they will have to follow the contractual procedure for determining the costs of maintaining the living space. The main thing is to agree on costs bypassing the courts. There will be no conflict when in a “communal apartment” families live in isolated rooms, with their own personal accounts.

Features of the agreement on the procedure for determining housing costs

As before, in 2018, a significant basis is required to split a personal account. The Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 on the procedure for using the Housing Code of the Russian Federation by courts considers the possibility of determining the amount of payment for housing expenses by former family members. They can be considered divorced spouses, as well as other relatives (dependents) with whom the employer has ceased to maintain a common household.

If persons living in a communal apartment do not mind drawing up an agreement with a notary, then the document states:

• personal data about all citizens living in communal municipal housing;
• the volume of housing and communal services provided, their full cost - if individual metering devices are not provided;
• the area of ​​housing that a particular tenant is entitled to;
• the amount payable monthly by each tenant.

The agreement becomes the basis for contacting the settlement center. The refusal to split personal accounts in 2018 and previously was motivated by the fact that for such a procedure it is necessary to conclude social rental agreements, which is unacceptable according to the Housing Code of the Russian Federation - Art. 67.

Judicial procedure for dividing a personal account

Resolution of the Plenum of the Armed Forces of the Russian Federation No. 14 of 2009 provides for the possibility of dividing personal accounts between former family members. You need to try to conclude a notarial agreement with them on the above conditions. If it is impossible to do this (for example, when a person is formally registered in the living space, but in reality is absent from the apartment for a long time), one should go to court.

Several demands can be combined in a statement of claim:

• oblige all defaulters to sign an agreement determining the procedure for incurring expenses for maintaining living space;
• oblige the lessor (or management organization) issue the defendant separate payment documents for utilities;
• oblige the EIRTs to carry out the division of the personal account on the basis of a judicial act.

The claim may be supplemented by demands to recognize defaulters of utility services as former family members. Requests for the return of part of already paid utilities are possible - in a recourse manner.

Contents of the statement of claim and evidence base

A claim for dividing a personal account in a communal or other apartment in 2018 must comply with the rules of the Code of Civil Procedure of the Russian Federation - Art. 131, 132. The document indicates the name of the court, information about the defendants and third parties. The descriptive part of the application must contain a reference to the social tenancy agreement and the grounds for the defendant’s right to housing. A separate paragraph should indicate the facts according to which a family member is considered to be a former one.

To make a claim, it is important to submit the following documents:

• a copy of the plaintiff's passport;
• written evidence confirming the defendant’s failure to pay rent and utilities;
• an extract from the house register;
• document confirming payment of the state duty - 200 rubles, if the claim is not supplemented with requirements that are subject to property assessment.

You can do it differently - go to court with a claim to recognize the defendant as having lost the right to housing. Then success will be guaranteed only if the person voluntarily left the municipal apartment and is provided with other housing.

Claims must be supplemented by requests to subpoena witnesses. They will be able to confirm the fact long absence defaulter in a communal or other municipal apartment.

The Supreme Court of the Russian Federation clarified back in 2009 that lower courts must determine the amount of expenses of a former family member for the maintenance of living quarters. A positive outcome of the case depends on a number of significant circumstances: the availability of written evidence, the position of the parties in the case, etc.

The goal of the conflict is to ensure that the defendant receives separate documents and begins to pay for housing on his own. This is possible if during the process the interests of the plaintiff are represented by a qualified lawyer.

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Splitting the payment invoice in our country is a very popular function in everyday life and, at the same time, a very controversial function in legal and juridical terms. This allows owners of the same residential property to pay bills separately from each other, matching the payment to their share in the property. Below we will analyze what obstacles stand in the way of such a procedure and how to formalize it.

The first difficulty begins with the fact that the Housing Code was updated in 2004 Russian Federation, in which mention of the separation of the financial and personal account of the premises was removed. Thus, such a division of utility bills is impossible. However, owners, as well as residents, still have the right to receive personal utility bills. This is provided for in Article 219 Civil Code RF, which states that all participants in shared ownership are required to make timely payment of taxes, various fees and costs, as well as maintain the maintenance of the property.

The procedure for paying all these taxes and payments is specified in Article 155 of the Housing Code and states that documents on payments must be given to the owner of the residential premises.

Since there are several owners of housing, and they are in shared relationships, then, according to Article 249 of the Civil Code, they have the right to demand the conclusion of a special agreement with each shareholder. Moreover, this may not necessarily be a “personal” agreement. For example, four out of five participants in shared ownership may have one account, and the fifth may have their own account.

Who has the right to split payment bills? Housing and communal services

As was already written above, first of all, the owners have this right. R division of housing and communal services accounts in a privatized apartment will be simple and painless.

Things are much more complicated with tenants under a social tenancy agreement. Guided by current legislation, family members registered and living in the same apartment, which is given to them under a social tenancy agreement, do not have the right to enter into a personal agreement with any one or all of them. Moreover, such a prohibition remains even if one of the family members is no longer such, but still lives with ex-family in their (and yours too) apartment. But still separation of utility bills in a municipal apartment is possible.

Since a former family member has no less rights and obligations to the state, like the whole family, he has full legal right personally and independently fulfill their obligations to the employer under the contract. Since it is impossible to conclude a new and separate agreement, such a citizen will need to demand that his landlord enter into a special agreement with him, in which it is necessary to explain:

• the procedure for participating in the process of paying rent for housing;
• the specific amount of payment for renting a home, calculated for a specific person;
• service fee amount housing and communal services;
• amount of repair fee;
• costs of maintaining the premises.

How to split utility bills:

1. Splitting the account peacefully. All persons participating in the division of the account should enter into an agreement that will indicate both the procedure established and agreed upon by all residents of the apartment, and the amount of payment for utility bills and other costs for each participant. You are free to agree on your own and distribute the payment in the way that seems most acceptable and fair to you, subject to the consent of all parties. Such a document must be drawn up in writing and certified by a notary. Then assemble the package necessary documents and submit an application to your manager or HOA of your home.
2. Dividing the account through the court. If you are unable to resolve the problem amicably or one of the participants refuses to participate in splitting the bill, or there are disagreements on the amount or share of payment, this can be achieved by filing a claim to establish the procedure for payment for housing and utilities.

Statement of claim for division of personal account

Since to split an account without judicial intervention you only need to go to a notary, who should help draw up an agreement, and submit an application in free form, there should not be any special problems here.

In order to solve the problem through the court, you will need this list of documents:

• the statement of claim itself in the number of copies for each participant in the process (i.e. this includes not only residents, but also all organizations involved in maintaining the house, and the landlord in the case of a rental agreement);
• receipt of payment of state duty (about 200 rubles);
• All documents below must be submitted in number of copies equal number participants in the process:
• a copy of the social tenancy agreement (or a document confirming shared ownership of the home);
• a certificate indicating who specifically is registered at this address;
• certificate of debt for services Housing and communal services (if there are none, then a certificate of absence of debt);
• a copy of the certificate or the divorce certificate itself (or any other document that confirms that the persons are no longer in the same family);
• receipts or copies Housing and communal services.

Sample statement of claim about dividing a personal account can be taken.

Example of splitting an account

Let's look at a simple example. Maria and Sergey live in the apartment. They have a common minor child, Maxim. Maria also has another child, who has not reached adulthood, from her first marriage - Olga. The apartment is owned by all four. Maria and Sergei divorced and want to split the bills.

Now everyone owns ¼ of the apartment. Since minors themselves are not able to bear financial liability, their parents do it for them. Sergei should not be responsible for Olga, since she is not his daughter. This means that Maria must take financial responsibility for her and Maria must already pay ½ of all taxes and other expenses for the living space.

Maxim is theirs common child, so both parents must be responsible for its share. At the end of all calculations, Mary must pay 1/8 +½ = 5/8 of the total share. And, accordingly, Sergei will have to pay 3/8 of all cash expenses. Maria does not agree to such a division and refuses to sign the peace agreement. In this case, Sergei must file a claim in court, enclosing along with the claim a package of documents about ownership of the apartment, about the divorce, and about the fact that he is not Olga’s father. Next comes legal proceedings depending on the arguments of both sides.

Let's summarize:

• try to resolve the matter by peaceful agreement and only after an unsuccessful outcome of negotiations go to court;
• keep all payment receipts and any documents related to utilities - this may be useful in court;
• split the account only if it is really necessary - for the management company this is unnecessary complexity, which they will only go through with a court decision or notarized documents.

Installing a gas meter in an apartment: what you need to know

Shared ownership is problematic by definition. Only in some cases do sharecroppers manage to find mutual understanding and agree to use the apartment, as well as pay proportionately for housing and communal services. But disputes and problems usually arise, and therefore many try to find out how to divide a personal account in an apartment with shared ownership as quickly and safely as possible.

What is a personal account

An apartment’s personal account is a document issued for a property from the moment of its construction. It exists regardless of the type of property ownership and contains information about housing and communal services payments, management and maintenance of the house. In addition, the document contains information about:

• type and characteristics of the premises;
• provided utilities;
• degree of improvement;
• persons living in the apartment;
• availability of payment benefits.

Based on this data, the management or service company generates a single payment receipt. The housing and communal services personal account does not count.

The division of financial and personal accounts is considered only as a distribution of responsibilities of people living in the apartment to pay for utilities. Any capable citizen over 18 years of age who resides and is registered in an apartment can open an individual personal account.

The legislative framework

Since March 1, 2005, the division of a personal account is not regulated by law, because The state is focused on reducing the share of communal apartments in Russia. There are a number of regulations that indirectly relate to this procedure:

• Article 252 of the Civil Code talks about the allocation of a share from the entire property or receiving compensation for it, if such an allocation is impossible;
• Article 249 of the Civil Code describes the procedure for paying taxes and other fees for an apartment by co-owners;
• Art. 247 of the Civil Code approves the procedure for using residential property by agreement (if settlement agreement will not be achieved, it is necessary to go to court);
• Article 69 of the Housing Code states that a citizen is personally responsible for paying utility bills if he has ceased to be a member of the owner’s family;
• Art. 154 LCD explains what exactly the utility fee includes;
• Article 155 of the Housing Code states that payment documentation must be transferred to the owner of the property.

In what cases can you split the bill?

A personal account division is not possible if:

• the property has been seized;
• the object belongs to one owner;
• the apartment is recognized as collateral;
• the premises belong to the departmental fund;
• We are talking about a one-room apartment.

Also, difficulties with dividing a personal account will arise in the case of a single meter or if there is a large debt for utilities.

How to divide a personal account by agreement of the parties

Based on Art. 247 and 249 of the Civil Code, each co-owner of the property has the right to demand that the management company enter into an individual agreement with him to pay for utilities and issue the corresponding payment documentation.

In a privatized apartment, based on the size of the shares of the co-owners, the personal account for paying for utilities is also divided. In this case, the allocation of a share in kind and its actual size do not matter, which is usually typical for non-privatized real estate.

To separate accounts, you must contact the housing and passport office and the passport office with the required package of documents:

• passports of shareholders;
• receipt of payment of state duty;
• certificates of ownership;
• maintenance agreement (if available);
• statement;
• a certificate of the number registered in the object;
• USRN extract.

A detailed list of required documents can be found in the organization itself. If individual organizations (for example, gas supply) provide their services directly, then you must contact them separately.

You can complete the application at home yourself. There are no special legal requirements to the contents of this document, therefore it is compiled in free form. It should be drawn up on behalf of all owners and notarized.

The time frame for consideration of an application is not established by law, so it depends solely on the housing and communal services. Usually they range from a week to a month. After the application is approved, a separate contract for the provision of services will be concluded with each owner, and separate utility bills will be received.

This option is suitable for voluntary division of shares without debts and problem tenants, because Applications from both owners and their consent to the procedure are required. If the management company refuses to partition (although in practice this rarely happens), you will have to go to court. But usually there are co-sharers in court, because cannot decide on the distribution of responsibilities for paying utility bills.

How to divide personal utility bills through the court

If one of the owners opposes splitting the account, then the other (or others) have to go to court. Most often, in parallel with the claim for division of accounts, a claim is filed regarding the procedure for using the premises.

For the court you must provide:

• statement;
• copy of personal account;
• USRN extract;
• certificate of family composition (issued at the MFC).

The statement of claim is drawn up in a standard manner and consists of several parts:

• headers containing information about:
  • court;
  • the defendant;
  • plaintiff;
  • third party (if any);
• main part, which contains information about:
  • real estate;
  • co-owner and his illegal actions;
  • activities of the management company;
  • the reasons that became the basis for the division of shares (in accordance with the legal acts);
• conclusion indicating a request to the court:
  • oblige the remaining co-shareholders to enter into agreements (contracts) to pay for utilities;
  • determine the procedure for paying utility bills.

Typically, the judge decides to divide the bill in proportion to the available shares of the living space. In this case, the opinions of other co-shareholders are usually not considered, because By law, all co-owners must pay utility costs. Further division of shares is made on the basis of a court decision. In a private house, the division procedure is similar. Only usually, in addition to the division of the account, there is a division in kind of the house itself.

This division is especially relevant in cases where one owner stably pays for utilities, but the second does not. In this case, the division of shares will solve the problem of the first one, because The management company does not have the right to stop supplying utilities to the apartment if one of the co-owners continues to pay regularly. If there is a general debt on the property, then the more responsible co-owner will have to face a shutdown of electricity and gas or the need to pay for utilities for the second owner.

How to separate personal accounts with debts

The law does not describe in any way the situation of dividing accounts with debts. It is not profitable for the management company to create two new financial and personal accounts instead of the old one on which the debt remains, so it will definitely refuse, offering to pay for utilities first.

But this is not always possible. For example, only one sharecropper has been found to have failed to pay utility bills, while the other (or others) do not want to pay for it. If the management company refuses due to debt, you should go to court. Usually the judge sides with the home team and splits the scores.

But all previous debts remain with those for whom the bill for the apartment was issued, i.e. even if there is evidence of his good faith, the co-owner who initiated the division of obligations to pay for housing and communal services will be jointly and severally liable with the other co-owner for the old communal apartment.

Registration of division of a personal account in an object with shared ownership is a simple process that does not require serious knowledge of jurisprudence. Difficulties can arise only if other shareholders or the management company refuse to carry out the procedure.