The rules and nuances of paying personal bills in a privatized apartment are regulated by Russian legislative acts. Also, the conditions for dividing personal accounts in a privatized apartment are regulated by these laws - the Housing Code and the Civil Code. You can read the text of the LCD and from the Civil Code of Russia to
Is it possible to divide a personal account in a privatized apartment?
The personal account contains information about the owner of the privatized housing, as well as all information on payment of utilities. In most cases, the owner of the real estate makes the payment, but some events occur that require a division of the personal account. For example, a similar procedure is required in the case of divorce proceedings. In accordance with the law, it is possible to divide a personal account in a privatized apartment.
The procedure for splitting a utility bill depends on many circumstances. For example, from:
- the area of the apartment, which is privatized;
- how many residents.
Important conditions for the personal account section are:
- number of rooms. At least one;
- kitchen area. Its size must be at least 6 square meters. meters.
Residents of a privatized apartment have the right to divide personal accounts in several ways:
- peacefully by drawing up a special agreement;
- send an appeal to a judicial institution if it was not possible to reach a general agreement.
In accordance with the provisions of the above legislative acts, the account in a privatized apartment cannot be divided, there are certain circumstances. Partition cannot be carried out if:
- one citizen acts as the owner of the privatized residential space;
- the initiative to carry out this procedure is taken by a person who, in accordance with the law, is not the owner of the property, even if he is registered and actually lives in this privatized apartment;
- any encumbrances have been imposed on the privatized residential property. For example, arrest.
Procedure
If citizens living in an apartment, by mutual decision, want to carry out the procedure for dividing the payment of utility bills, then they should submit this petition to the management company.
The procedure for dividing payments in a privatized apartment is as follows:
- it is necessary to transfer the housing into shared ownership of each of the persons who wish to make payments for utilities in their own name in the future;
- a special agreement is drawn up. The document must be notarized;
- an application for division of shares is drawn up, which will need to be sent to the management company;
- If the application to the Criminal Code is submitted properly, then you can obtain the document from Rosreestr. This document will describe what share and which of the owners it belongs to. In accordance with the size of the share, each owner will have a personal account;
- each shareholder submits a package of documents to the company providing utility services;
- After reviewing the submitted package of documentation, each owner who applies will receive receipts, in accordance with which payment for housing and communal services will be made.
Important! To split a personal account, the consent of other homeowners is required.
In order for the Criminal Code to accept an application for the division of housing and communal services payments, the petition must be drawn up correctly. The structure of the statement is as follows:
- name of the management company;
- information about the applicant:
- FULL NAME.;
- address of the location of privatized housing;
- account number;
- passport details;
- contact details.
- document's name;
- the essence of contacting the management company;
- information about the apartment;
- consent of other owners. First and last names, their signatures and the date of signature are indicated here;
- signature of the person accepting the application.
You can download a sample application. The example presented will help you draft your petition, indicating the details of your individual situation.
If citizens submit an application to the Criminal Code for the division of utility bills, then the employees of this organization will not necessarily accept it and satisfy the citizens’ request. There are some grounds according to which the Criminal Code may refuse to provide this service. Reasons for refusal:
- the entrance to the living space is less than 70 cm;
- a window from any room opens onto a closed courtyard and its area is less than 5 meters;
- the width of the living room is less than 2 meters;
- the distance from the window to another building is less than 3 meters.
Features of partition through court
If cohabitants cannot agree to divide personal accounts peacefully, they should contact the court. Only those citizens who have a share in the ownership of the apartment can act as plaintiffs and defendants. Also You can file a lawsuit if:
- the organization providing the supply of utilities does not accept the application for the division of payments or refuses to satisfy the citizen’s request;
- within 30 days from the date of filing the application, the management company did not receive a response from its employees;
- not all residents who own part of the residential premises agree to split utility bills.
If there are grounds, the citizen needs to collect a package of documents, fill out a statement of claim and send it to the district court. It is worth choosing a judicial institution taking into account the location of your home.
Employees of the judicial institution accept only correctly completed applications for consideration. Therefore, it is important that in a claim for division of a personal account in a privatized apartment, the following information is indicated:
- the name of the district court and its actual location;
- information about the parties involved in the proceedings (the plaintiff and the defendant);
- subject of appeal;
- the plaintiff's claims to the judicial authority;
- a list of papers that will be attached to the claim;
- signature of the applicant and date of filing the claim.
You can view a sample statement of claim for the division of personal accounts in a privatized apartment It is important in the text of the petition to provide references to the legislative acts of the Russian Federation, on the basis of which the plaintiff’s actions were recognized as lawful.
Package of documents
Proceedings on the division of personal accounts will not be started unless the plaintiff provides a package of some documentation. Papers to be filed with the district court to split utility bills in a privatized apartment:
- statement. Several copies of the claim are submitted, the number of copies must correspond to the number of people who take part in this proceeding;
- legal documentation on ownership of shares in a privatized apartment;
- copies of passports of all home owners;
- apartment plan;
- extract from the house register;
- copy of personal account;
- statement of income of the plaintiff and defendant;
- passport for the apartment from the cadastre;
- documentary information about family composition;
- documentary evidence of appeal to the court. For example, refusal to consider the application by the management company;
- receipt for paid state duty;
- copies of receipts proving previous utility bills have been paid in full.
The division of personal accounts between apartment owners allows you to differentiate between the accrual and payment of utility services. This procedure is accompanied by many difficulties, since accounting of consumed resources, as a rule, occurs on the basis of instruments. Let's look at the practical importance of dividing a personal account for paying utility bills, and what options can be taken to achieve this.
What it is
Ownership and use of residential premises is possible on the terms of social rent, on the right of ownership or lease. A mandatory legal requirement for residents is timely and full payment for housing and communal services - electricity, water supply and sewerage, gas supply and heating. Accounting for the quantity and volume of consumed resources is carried out in the following ways:
- based on metering devices that have the necessary certificates and are installed in compliance with legal regulations;
- according to standard indicators - if there are no metering devices in the apartment, accrual occurs according to standard indicators approved by legislative acts;
- according to the area of the apartment - for heating.
When concluding a social tenancy agreement or registering ownership of housing, a personal account is opened. This means that the management company or housing and communal services enterprise will charge payments for utilities and issue payment receipts to each person indicated in the personal account.
The composition of residents can change repeatedly, and personal account information also changes automatically. In most cases, this does not require an additional application - all information about permanent or temporary residents is transmitted automatically from passport offices.
By default, a single personal account is issued for the apartment, and all residents have equal rights and responsibilities for paying utility bills. This rule also applies to shared ownership, when housing belongs to several citizens. Also, the obligation to pay for housing and communal services is assigned to citizens who do not have property rights, but are settled legally and have received the right of permanent residence.
To divide personal accounts, you need to use the rule regulated by Art. 249 of the Civil Code of the Russian Federation and Art. 155 of the Housing Code of the Russian Federation - payment of payments between participants in shared ownership of an apartment occurs in proportion to the size of their shares. Consequently, dividing a single account into several independent accounts allows you to differentiate between payments accrued by the management company or housing and communal services enterprise.
The following options are available for the accounts section:
- concluding a mutual agreement between the owners without contacting utility services - in this case, payments are divided in the proportion established by agreement between the owners, and they are recorded on a single personal account;
- concluding an agreement and submitting it to the management company or housing and communal services enterprise;
- by going to court if the application was denied.
Let's look at the nuances of each of the listed options for dividing personal accounts.
Conclusion of an agreement
If the housing is owned by several persons, they can agree among themselves on the distribution of payments for utilities. In this case, a single receipt will be issued for the apartment, and payment will be made after the transfer of funds by each tenant to one of the owners. This option can be done without contacting resource supply organizations, and if arrears in payments arise, a claim will be brought against all owners.
Owners can distribute shares in payments at their own discretion, including in unequal parts.
This agreement is drawn up in simple written form; it does not need to be certified by a notary. If the agreement is signed by all owners, if one of the residents refuses to contribute funds, this amount can be recovered in court. Please note that the refusal of one or more owners to pay for housing and communal services, if there is an agreement, does not matter for the management company - collection in court involves bringing each owner as a defendant.
Contacting the management company
Having concluded a mutual agreement, the owners can submit an application to the management company or housing and communal services company. For this option of dividing personal accounts, the following documents are submitted:
- an application signed by each owner, or a separate application for each shareholder;
- a copy of a passport or other identity document;
- agreement signed by each owner;
- copies of title documents (USRN extract, certificate of title).
Please note that the personal account may include tenants who do not have ownership rights to the apartment. They must also be parties to the agreement, since the law establishes a single obligation for timely payment for housing and communal services.
When considering an application, the following rules are taken into account:
- When dividing personal accounts, the amount of resources consumed will be determined according to general rules, i.e. according to meter readings or regulatory data;
- installation of separate metering devices for each owner is, as a rule, impossible, since each shareholder has equal rights and obligations for the common property of the apartment;
- data on consumed resources will be divided between different personal accounts in the proportion specified in the agreement and application.
Naturally, it is easier for the management company to maintain a single account for residential premises and issue a single receipt for payment. Therefore, an application for division submitted by the owners will most likely be rejected. In this case, you can achieve the division of personal accounts by filing a lawsuit in court.
The procedure for dividing a personal account through the court is possible not only if there is a mutual agreement, but also at the request of one of the owners. For example, if one or more tenants systematically evade payment, the amount of debt can be regularly collected from them, or a claim can be filed to divide the personal account.
To file a claim for division of a personal account, receive a written refusal from the management company. Also, the basis for going to court will be the lack of response to the submitted application within a month. Any of the owners can file a claim, or a class action lawsuit will be considered.
To consider the case, you will need to submit the following set of documents:
- statement of claim;
- copies of passports for each plaintiff;
- title documents for each share in a residential premises - an extract from the Unified State Register of Real Estate, a certificate of title, a certificate of inheritance, etc.;
- agreement between owners on the division of personal accounts;
- technical plan for residential premises (if the agreement provides for the allocation of separate residential premises to each of the shareholders);
- an extract from the personal account (taken from the management company at the time of consideration of the claim);
- correspondence with the management company or resource supply organization about the out-of-court division of personal accounts;
- certificate of absence of debt;
- payment document confirming the transfer of state duty.
These categories of cases are considered in district courts at the location of the defendant, i.e. management company. The claim can be filed by mail or in person at the court office. Each of the owners will be a participant in the process, declaring independent demands.
If an apartment is allocated to citizens on social rent terms, the personal account can be divided only in the event of termination of family relations. In such circumstances, the lessor is involved in the case.
A positive court decision will be the basis for the forced division of personal accounts. The judicial act will indicate what share of the total amount of consumed resource falls on each owner (as a rule, this part is proportional to the size of the share). A certified copy of the decision must be submitted to the management company or settlement center, and if the judicial act is not executed voluntarily, the writ of execution is sent to the FSSP service.
How does the actual division of a personal account take place based on a judicial act? An agreement will be concluded with each of the owners with the opening of separate personal accounts. In this case, indoor metering devices will be common property, and residents retain the responsibility for timely replacement of the specified equipment, their verification and data transfer (if there is no automatic transfer of information). The owner has the right to independently decide which of them will be responsible for transmitting information to the management company, and how payments for the repair or replacement of metering devices will be collected.
From the moment the personal accounts are divided, each shareholder will receive a separate receipt. To calculate the amount of utility bills, the receipt indicates the proportional part of the payment for the total amount of resource consumed. The specified proportion will correspond to the agreement of the owners, set out in the agreement, or a judicial act. After the division of personal accounts, if arrears arise for utility bills, collection will be carried out from each owner separately.
Homeowners are required by current legislation to pay utility bills on time. In accordance with Article 153 of the Housing Code of the Russian Federation, adopted in 2005, such an obligation arises from the moment ownership rights arise. In the Civil Code of the Russian Federation, Article 249 specifies that the responsibility of each owner for paying utilities is proportional to the available share. In general, residents, most often members of the same family, decide who will pay for the utilities and how, however, it also happens that it is not possible to reach a consensus peacefully. Such cases are not uncommon when it comes to former spouses living in the same living space or heirs who do not want to voluntarily agree among themselves on the procedure for dividing expenses associated with inherited real estate. In such situations, the question of how to divide the personal account in an apartment with shared ownership becomes extremely relevant, so that each owner can make payments individually.
What are the difficulties associated with dividing a personal account?
The Housing Code of the RSFSR, in force before the new Housing Code of the Russian Federation came into force in 2005, provided for a similar distinction. In particular, on the basis of Article 86 of this legislative act, which had already lost force, persons who were no longer relatives had the right to conclude a personal social rental agreement, according to which the subsequent division took place. In fact, this happened by dividing real estate in kind, provided that the area and technical characteristics of the premises allowed this to be done. Thus, an ordinary apartment turned into a communal one. But due to changes in the internal political course of the state aimed at eliminating such a phenomenon as communal apartments, there are no such provisions in the new Housing Code. However, the lack of regulatory standards has not reduced the urgency of the problem. However, in the current Housing Code of the Russian Federation there are no regulations that directly or indirectly prohibit the division of personal accounts for owners if such a need arises.
Personal account
- information characterizing the premises, including footage, number of rooms, level of wear;
- information about the owner and persons living together;
- information on specific public services provided by resource supply organizations.
In cases where there has been a change in the owner of the property or the housing has undergone changes through redevelopment, appropriate changes are made to the financial and personal account by employees of the Unified Information and Settlement Center, after the owner has submitted an application to the EIRC and provided supporting documentation.
How to conduct a section
It is possible to split personal accounts if the following conditions are met:
- Real estate has been privatized.
- The apartment is in shared ownership with a separate share allocated to each of the owners.
For example, if we are talking about former spouses living in the same apartment, when the living space is registered in the name of only one of them, the division of the property first of all requires the allocation of a share with the receipt of a separate certificate of ownership. Since everything acquired during marriage is the joint property of the spouses, in order to divide the real estate it is necessary to conclude a notarial agreement on the separate property regime with a notary, on the basis of which Rosreestr will issue title certificates for each of the spouses indicating the size of the shares.
After receiving certificates from Rosreestr, owners can contact the HOA or Management Company with a statement of intent to receive a divided LAN for each of the owners of the premises. To do this, an application is submitted to the HOA or management company for the allocation of an individual property on the basis of existing certificates of ownership of part of the living space and an agreement concluded between the owners. The agreement is concluded in advance in writing and certified by a notary. There are no specific requirements for this document; its preparation is determined by the general conditions for such documents in accordance with civil law. The agreement itself explains the procedure for payment, the amount of payment and the time frame for payment of utility bills by each of the owners. The number of copies of the completed agreement must be equivalent to the number of participants who concluded it, plus additional copies are produced for organizations providing public services, depending on their total number.
Judicial procedure for partition
In cases where, in the presence of an agreement between the owners, there is an unreasonable refusal by the Management Company to allocate separate drugs to each of the owners, the agreement concluded between the owners must also be submitted to the court. In addition to the above, documents such as an extract from a personal account and a certificate of absence of debt for consumed utility resources, or an installment agreement from resource supply organizations may be required. If the court makes a decision that is positive for the plaintiff, after it comes into force, the housing maintenance company is obliged to comply with the court order, making a distinction by generating payment documents for each of the owners.
Conclusion
To summarize, it should be noted that the terminology of dividing accounts in a shared apartment most often means the formation of individual payment documents for owners in proportion to the share in the property without actually dividing a single LP for the entire premises. It is possible to divide the existing financial and personal account of a separate apartment only if there are possibilities for redevelopment of housing, in which each of the owners of shared ownership will be assigned a living room with a separate entrance and utility rooms in whole or in part, such as a kitchen, bathroom, storage room. This option is most optimal for private houses, where there are opportunities for redevelopment of the home with the creation of autonomous parts with a separate entrance for each owner.
To separate a personal account, there must be two or more apartment owners. According to the rules, the housing office requires the presence of both owners for this procedure. But very often one of them does not want to participate in the procedure, since it is not beneficial for him. Actually, the one who raises this issue does so precisely because the second owner is behaving dishonestly. A typical situation is when one of the owners pays his half of utility costs on time, but thereby covers the debt of the other.
How to divide drugs in conflict situations
If it was not possible to separate personal accounts at the housing office, then further resolution of the conflict is only possible through the court. It is advisable to contact experienced lawyers. To begin the procedure, you will need a technical passport for the property and a certificate of family composition.
The first task is to terminate common shared ownership, that is, to stop 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 situations, the issue is resolved through the court. Only when one of the owners receives a separate legal address is it possible to divide the drug. They register their share in the BTI, and then only contact the Housing Office.
Is it possible to divide drugs if there is only one owner?
If several people are registered in the apartment, and there is only one owner, then dividing the personal account is impossible. This situation sometimes arises between divorced spouses who purchased housing on credit during their marriage. The bank issues housing loans to only one family member, but two are registered in it. If during the divorce the court did not award both of them for any part, then the sole owner cannot expel the former spouse who is registered in it from the apartment, but also cannot force him to pay utility bills.
The situation is complicated by the fact that the ex-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 basis to move into the premises. Those who are faced with such a complex problem need to urgently, without delay, contact a lawyer. Only a professional can unravel such a heavy tangle. People who risk relying only on their own strength, already at the beginning, make a huge number of irreparable mistakes.
In what cases can the court refuse
It is impossible to transfer a personal account to a minor, no matter how well the application is drawn up. A person under 18 years of age cannot be the owner of a share, does not work, and does not automatically have to pay apartment bills. The court may also refuse if the disputed housing is one-room.
It is worth noting that only those who are registered and live in this apartment have the right to file a claim for division of a personal account. In addition, this person must be legally competent. Splitting the bill will be much easier if the property has several rooms and sufficient space. If the apartment is small, then complex examinations will be required to determine the share of payments for each owner.
You should not hope that the division of utility payments will lead to improved living conditions. Even if the spouses are divorced and, according to the law, her children, their own or adopted, live with the mother, the expansion of living space in the case of different drugs is not allowed.
Advantages and disadvantages of drug separation
Before you decide to split your personal account, you should understand what you will have to face afterwards. The positive side of the issue may turn out to be insignificant compared to the negative.
Flaws
After the division of the personal account, the apartment legally begins to be considered communal. It will not only be difficult to sell your half, but also the price per unit of area will significantly decrease.
Advantages
In addition to the fact that you will no longer have to pay for your neighbor’s utilities, it will also be easier to apply for subsidies for them. For example, if one of the owners is retired and has no additional source of income other than a pension.
Price list
| Types of services | Description of service | Deadlines | Price, rub) |
|---|---|---|---|
| Preparing a statement of claim to court | from 6 789 ; | ||
| Oral consultation without document examination | 1 hour | 1 789 ; | |
| Oral consultation with document examination | 1 hour | 2 789 ; | |
| Written consultation | 1-3 working days | 4 789 ; | |
| Pre-trial settlement of a housing dispute | from 2 789 ; | ||
| Writing a statement of claim for a housing dispute | 2-3 working days | from 7 789 ; | |
| Writing an appeal, cassation or supervisory complaint, response to a complaint | 2-3 days | 7 789 ; | |
| Representation of the client’s interests in the court of appeal, cassation or supervisory authority | 1 court hearing | from 15 789 ; | |
| Conducting enforcement proceedings | 1 case | from 8 789 ; |