All residential premises have their own personal account for making utility bills. But often situations arise when it is necessary to divide it so that each of the owners pays only its share. For example, the former husband and wife are forced to live on the same living space, although they no longer have a common household.
Any person entitled to live in a particular property and making monthly payments due to gas, water, electricity, etc., may make a request for a section of housing bills. But at the same time, a citizen must be an adult and capable.
If you divide the bills for utility bills, each owner will receive a separate receipt. This ensures that a particular person will not be liable for the debts of another owner in case of arrears. This procedure is described in more detail below.
Separation between owners
In accordance with applicable laws and regulations in the field of housing legislation, utility bills must be paid by all apartment owners from the date the ownership of the dwelling occurs.
If the living space is privatized and divided into shares, then the procedure for splitting special accounts into payments for failed communications is not difficult. Owners will pay according to their part of the apartment.
Attention: If the apartment is jointly owned, then before you split the amounts for utilities, it is necessary to allocate the shares of the owners.
Usually the procedure is carried out by agreement of the participants, when the parties independently allocate their parts. The document must be certified by a notary. If such a paper is not drawn up, then the determination of the shares of the co-owners is carried out by trial.
In the management organization
When the separation of bills for utility bills is carried out by mutual agreement of the parties, the whole process is quite simple. It is necessary to submit an application with the signatures of participants for the conduct of this procedure to the managing organization or HOA. It is also necessary to prepare the following documentation:
- a document proving the ownership of the dwelling (a copy of the certificate or extract from the USRN),
- copies of passports of owners,
- technical passport of the premises in accordance with information from the BTI.
The managing organization, based on the application received, makes a decision on dividing the personal account or on refusing this action. The second option implies the possibility of appealing the response to the court.
It is important to know: After a positive decision is made, the managing organization enters into a separate agreement with each of the apartment owners for the provision of housing and communal services and opens new personal special accounts for each shareholder.
If the cohabitants could not come to an agreement on the sharing of utility bills, then the allocation of shares in the total amount of utility bills is made through the court. Usually, at the same time as the requirement to divide the rent, the owners submit a statement of claim on the establishment of rules for the use of property, which is in common ownership. When applying to the court, the following documentation package should be collected:
- copies of applicants passports,
- floor plan of the BTI,
- certificate of persons registered on the territory of a particular housing area,
- copies of utility bills.
In a judicial proceeding, the share of co-owners in making utility bills is allocated. This action is performed in proportion to the part of the apartment that belongs to each owner, and as a whole is dependent on the total footage of the housing.
Important: If the owners put forward a requirement to divide the housing and communal services into parts, the judge can make a decision without obtaining the consent of other homeowners. In this case, the court determines the shares in accordance with the provisions of the Housing and Civil Codes of the Russian Federation.
In addition, a procedure is established for the use of common property (if any) - the definition of living space that each of the owners will use, as well as the rules by which the use of common premises (kitchen, corridor, bathroom, etc.) will be implemented.
Separation of personal accounts for utility bills is unacceptable in the following cases:
- living space is official,
- the apartment is a private property of one person,
- housing has an encumbrance (arrest, mortgage, etc.).
When a court decision is made, it serves as the basis for drawing up a separate agreement with the housing company with each of the owners. Personal accounts are opened for all equity holders.
If housing is not privatized
When citizens live on the premises on the basis of a social lease agreement, the general procedure applies - the tenant and all members of his family (including former ones) are endowed with equal rights with the tenant and are obliged to fulfill all clauses of the contract, including the need to pay housing and communal services.
But there are such precedents when citizens live in the municipal building who are not connected by any kindred relations and do not conduct joint farming. Therefore, it is necessary to highlight the part of the housing that they use in fact.
Since the housing is not privatized, in addition to the tenant and his relatives, the second party to the social rent agreement is the landlord (usually this is the local municipality), and the separation of utility payments through the court is his initiative.
Information: The main distinguishing feature of the new edition of the RF Housing Federation, which has been put into effect since 2005, is that members of the tenant's family do not have the right to require the owners to conclude a separate social loan agreement. Therefore, the amount of utility bills can be divided, but the social contract of employment will remain unchanged.
Due to the fact that the current legislation establishes the joint liability of members of the family of the owner (tenant) of housing, in case of arrears in housing and communal services, it can be recovered in full from any of the equity holders. Therefore, to allocate their share of the payment is necessary so as not to pay for unscrupulous tenants.
If the personal account is divided between the co-owners, then regardless of whether other interest holders make payments, the housing company has no right to suspend the supply of heat, water, electricity and other communications, as they are allocated to the entire apartment as a whole.
Interesting: Providing your own housing and utility bills account is not only financially beneficial, but also ensures that all communications will not be cut off if there is no debt on payment of at least one of the equity holders.
Thus, the nuances of allocating shares for the payment of utility bills for each owner (tenant) are considered. This procedure is carried out by submitting the appropriate application to the management company, EIRTs (Unified Information and Settlement Center) or to the court (if necessary).
Law Requirements for the Procedure
By law, each owner of a part of a privatized apartment has the right to pay only its part of the services provided.
The formation of accounts is carried out taking into account the following factors:
- The total area of the room.
- List of registered in the apartment.
This information must be taken into account when drafting contracts for the provision of housing services.
By default, the contract is drawn up with one of the owners of the premises. A receipt for the payment of services is issued to the owner of the part of the living space with which the contract is signed. All other owners are jointly and severally liable with him.
At the same time, the law allows for the allocation of a share of payment to each owner of the premises and the formation of a separate invoice. The procedure is contained in Articles 247 and 249 of the Civil Code of the Russian Federation and 155 LCD of the Russian Federation.
The process is possible subject to the following requirements:
Housing should be privatized. It is impossible to carry out an action in municipal housing, since its sole owner is local government, and residents act as tenants.
The owners of the generated accounts must be the owners. If the apartment is joint property, without determining the shares of each, separation cannot be made.
Division is based on real estate certificates. Family relations between property owners are not taken into account when forming separate payments.
Reasons and reasons
Separation of personal accounts in a privatized apartment by shares, allows you to calculate the amount of payments for the payment of housing and communal services directly for each tenant.
Such a need arises most often when living together under the same roof of divorced spouses, unauthorized persons, families who are in separate households.
Division through UK
This option is possible with the consent of all owners.
In this case, a statement must be sent from each owner to the management company, to which a copy of the Property Certificate should be attached.
Managers will accept all applications and make calculations on the distribution of payments in proportion to shares in the apartment. From this moment, several accounts will be issued for one dwelling, in accordance with the number of persons owning real estate.
With the help of the court
Carrying out the procedure by filing a statement of claim with the judiciary is the only way to solve the problem in case of disagreement on the division of individuals. The initiator of the process must submit an application demanding the separation of personal accounts in accordance with the shares in the room.
Attached to the application:
- Applicant's passport.
- Technical documentation for the living room.
- Extract from the house book.
- Certificate of ownership.
- Copy of personal account.
- Receipt for state duty (300 rubles).
The application is submitted to the district court at the location of the property. The case is considered in a simplified manner that does not require the presence of all property owners.
The meeting takes place 30 days after the receipt of the application, then, within 10 days, the applicant is issued a decision on the basis of which the accounts are divided after contacting the Criminal Code.
The statement of claim to the court must contain the personal data of the owners, the reasons for the separation of the personal property, information about the premises.
In the main part of the claim sets out a request for determining the payment procedure for housing and communal services in accordance with the shares in the room and the requirement to oblige the Criminal Code to effect the actual separation of payment documents. At the end of the claim, the documents attached to it are listed.
Such actions of managers are a violation of Russian law.
Alternatively, you can file a complaint with the prosecutor against illegal actions of the Criminal Code.
Writing a statement in the Criminal Code
A strict form does not exist, therefore it is drawn up according to the general rules for compiling business papers.
The application should contain the following points:
- The name of the organization to which the applicant applies.
- Personal data of the applicant.
- Information about the owners of additional accounts.
- Information about the distribution of shares of the premises.
- Signatures of the owners.
In addition, this action does not entail the redistribution of shares between owners, in relation to real estate, each of them remains in its own interests.
Disputes regarding the payment of housing and communal services arise not only between the owners of the premises, but also between the owner of the premises and the residents registered in it. According to law An invoice can be issued exclusively to the owner of square meters.
If other persons are registered in the apartment besides him, payment for housing services by them should be made on a voluntary basis. The allocation of accounts for registered in the apartment, but having in it the shares of citizens in the legislation of the Russian Federation is not provided.
It is impossible to share in an apartment registered in joint ownership.
In this situation, you will need to start with the procedure for allocating shares.
The owners of the premises should contact the notary office to draw up and sign an agreement on the allocation of shares.
The procedure is carried out in accordance with the regulations described in article 16 of the Civil Code.
After signing an agreement on the allocation of shares, the owners of the premises must contact the Rosreestr to obtain Property Certificates.
After receiving this document, the division procedure is carried out in the manner described previously.
Each property owner will pay only for his part of the consumed services, and the reasons for conflicts will disappear by themselves. We hope our article was useful to you.
This video contains the recommendations of a lawyer on the division of personal income in a privatized apartment, in shares:
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How to split drugs in conflict situations
If it was not possible to carry out the separation of personal accounts in the housing office, then a further resolution of the conflict is possible only through the court. It is advisable to contact experienced lawyers. To start the procedure, you need a technical passport for real estate and a certificate of family composition.
The first task is the termination of the common shared ownership, that is, the termination of the joint ownership of the apartment. This is possible through an agreement with other homeowners, which must be certified by a notary. In case of conflict, the issue is resolved through the court. Only when one of the owners receives a separate legal address, is it possible to split the drugs. Register their share in the BTI, and then only turn to the Housing Office.
Is it possible to split drugs if there is only one owner?
In the event that several people are registered in the apartment, and the owner is one, then the separation of the personal account is impossible. This situation sometimes arises between divorced spouses who purchased housing on credit during marriage. The bank grants housing loans to only one family member, but two are registered in it. If during a divorce the court did not award both of them in any part, then the sole owner cannot expel the former spouse, who is registered in it, from the apartment, but cannot force him to pay utility bills.
The situation is complicated by the fact that the former spouse can prove through the court that he did not live in the apartment and that he was denied access to this housing. Moreover, he (she) has every legal reason to move into the room. Those who are faced with such a complex problem need to urgently, without hesitation, contact a lawyer. Such a heavy ball can only unravel a professional. People who ventured to rely only on their own strengths, already in the beginning, make a huge number of irreparable mistakes.
In which cases the court may refuse
It is impossible to rewrite a personal account for a minor, no matter how well the statement was drawn up. A person under the age of 18 cannot be the owner of a share, does not work, and does not automatically have to pay on apartment bills. The court may also refuse if the disputed housing is one-room.
It is worth noting that the right to file a lawsuit on the division of the personal account has only one who is registered and lives in this apartment. In addition, this person must be competent. Splitting an account will be much easier if the housing has several rooms and a sufficient area. If the apartment is small, then complex expertise will be required to determine the share of payments for each owner.
It is not worth hoping that the separation of utility bills will lead to improved housing conditions. Even if the spouses are divorced and according to the law her children live, own or adopted, the expansion of housing in the case of different drugs is not supposed.
Advantages and disadvantages of drug separation
Before deciding on a personal account section, it is worth understanding what you will have to face after. The positive side of the issue may be insignificant, compared with the negative.
After the separation of the personal account, the apartment legally begins to be considered communal. It will be not only difficult to sell your half, but the price per unit area will significantly decrease.
In addition to the fact that the communal apartment will no longer have to pay for a neighbor, it will also be easier to issue subsidies for it. For example, if one of the owners is a pensioner, and does not have an additional source of income other than pension.