Sometimes, disagreements arise between the owners of the premises due to the late payment of funds for utilities. In this situation, the separation of the personal account becomes an excellent way out, this is when an individual payment document is formed for each co-owner and he pays for it independently. Articles 155 and 156 of the LCD stipulate that each resident has the right to submit an application to the ERIC with a request to allocate a personal account.
Features of dividing a personal account
In practice, such a need arises quite often. In the situation of co-ownership of the premises by several entities, when the personal account is drawn up by one of the persons, personal accounts should be divided when dividing the property. Thus, each co-owner will be able to pay according to their own payment document, formed on the basis of the area belonging to him.
The breakdown of the personal account consists of several steps:
- breakdown of the general account into individual ones;
- issuance of a special document confirming the ownership of the apartment or part thereof;
- signing a social employment agreement (if necessary);
- the decree of the operation of the premises.
In what situations might such a procedure be required?
The Housing Code spelled out that the following persons can initiate the procedure:
- citizens who are not at the time of application in family relations;
- Each owner must have earnings independent of each other.
All residents in the apartment spend a certain amount of electricity, gas, water and other resources supplied by utilities. Responsibility for paying bills, as a rule, lies with the owner of the premises on which the housing is registered. But this does not mean that he is obliged to pay for all residents in the apartment, since all registered tenants have an equal share of ownership, and therefore obligations to pay bills.
The need for fragmentation of personal accounts may arise in a situation where the co-owners of the premises maintain a separate economy and are not financially dependent on each other. Particularly acute is the problem of sharing a personal bill for utility bills in shared apartments, since all residents use the resources separately and no one intends to pay for other people. In this case, owners prefer to put individual metering devices for accurate data recording.
Privatized Property
There are two ways to split a personal bill for utility bills in a non-privatized apartment:
- On a voluntary basis, when all owners are the initiators of the procedure. In this situation, it is required to obtain consent for the fragmentation of the personal account and to notarize it. This document can only be executed with the support of all residents registered in the apartment. After that, you need to go to the ERIC at the place of residence and submit a request for the separation of payment documents.
- Through the court. The account can also be divided in the case when someone living against. In this situation, a lawsuit should be filed with the court to establish the share necessary for payment for each tenant and to split a single account between the co-owners. In addition, you can go to court upon receipt of a refusal to share payments from the ERIC.
Important! If a debt is created due to the fact that not all residents pay bills, the responsible owner can file a lawsuit with a claim to recover the amount of debt from neighbors.
Privatized Housing
In accordance with the law, each owner of the premises is required to pay a fee for it in a timely manner. In a situation where several people have rights to square meters, these rights are divided between them in equal shares. There are two ways to divide the personal bill for utility bills in a privatized apartment:
- on a voluntary basis;
- in a court.
Voluntary account separation is carried out in the case when all owners are ready to go on the allocation of shares in payment documents. In this situation, confirmation of the shared ownership of the property is required. All parties conclude written consent and notarize it. After determining the share and ownership, the owners are required to contact the authorities of Rosreestr to obtain the relevant documents. After that, you should write a statement addressed to the service provider with the requirement to divide the personal account for the payment of utility bills. Then, the authorized bodies consider the application and decide on the appropriateness of this procedure.
In court, the issue is resolved when not all owners agree to the division of personal accounts for utility bills. The process of allocating a share will become possible only by court order. To this end, a lawsuit is filed with the judicial authorities on the division of the procedure for using residential premises, including communal resources. Documents on shared ownership, as well as a receipt on payment of state duty, must be attached to the lawsuit. If the claim is satisfied, the Housing Office must implement the procedure for splitting the account.
Housing office workers do not like to accept voluntary applications for splitting up a personal account for utility bills, most often finding grounds for refusal, a more significant reason for the procedure is a court order.
Reasons to refuse
The reason for refusing to divide the personal account may be:
- The presence of debt. In this case, the court may oblige the owners to pay off the debt and only after that satisfy the claim.
- Lack of certificate of ownership. A resident who is not the owner of the premises does not have the right to contact the authorities with a request for a section of utility bills.
Important! In a situation where not all co-owners want to divide the personal bill for utility bills, you must first file a lawsuit in the court for recognition of ownership (if there is none), and then get a document on shared ownership and apply to the court to resolve the issue .
Action algorithm
The whole process of dividing a personal account consists of the following steps:
- verification of utility bills on a personal account;
- collection of documents;
- appeal to the appropriate authority;
- waiting for a new payment document for each owner of the premises.
In order to obtain separate personal account numbers for utility bills, you must contact the Housing Maintenance Office (ZhEK) assigned to the house where the apartment owners live.
Required documents
Before heading to the Housing Office, you need to collect the following package of documents:
- A certificate confirming the ownership of the apartment (in a situation where this document is missing, you should contact the notary's office where the lawyer can do it, or to the court if one of the owners is against the division of the personal account).
- A document indicating ownership of the dwelling.
- Application with the requirement to divide the personal account. This document is executed in one copy, the signatures of all co-owners are put below.
Filling out an application
When preparing a statement, it is important to indicate the following information:
- Initials of the applicant and other residents wishing to receive their own personal accounts for payment of housing and communal services.
- Data on what proportion belongs to each of the tenants. This information is the most important, since on the basis of it monthly accruals will be made on each individual account.
- Personal signature and initials of each co-owner of the apartment are at the bottom of the application.
The procedure for splitting the account is carried out within 30 calendar days after the application has been registered. After this period, each owner receives an individual payment document.
Sometimes situations happen when, after the due date, a single receipt for the apartment comes. In this case, you should re-apply to the Housing Office to establish the cause.
The size of utility bills after splitting the account
The amount of payment after splitting the bill depends on the number of people registered in the apartment. As a rule, the total amount accrued per month is divided into all residents in equal shares.
Example: A personal account when paying for utilities in a three-room apartment was divided between 3 owners. In each room, one person is registered. The total amount for the use of communal resources amounted to 10 thousand rubles per month, respectively, this amount will be divided into three owners. As a result, each of them will receive an individual payment document, in which the amount equal to 3333 rubles will be indicated.
This is an approximate calculation, since there is no exact formula for dividing the amount, it is important to know how the tariffs for using communal resources are calculated. In order not to pay too much, many residents in communal apartments install meters for water supply, electricity and so on.
The separation of the utility bill implies amendments to the contract of employment, during this procedure the tenant has the right to privatize the room, open an personal account to pay for utility bills and deposit funds individually.
Instead of a conclusion
An important factor is that when the personal account is divided between several owners, the management company has no right to stop the supply of utilities, regardless of whether all owners pay the bills. The apartment has a unified system and the tenant, who contributes funds to the account on time, should not suffer.