How to charge utility bills if the apartment is empty
In the temporary absence of citizens, payment for certain types of utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner and in cases approved by the Government of the Russian Federation.
In accordance with Part 11 of Article 155 of the Housing Code of the Russian Federation, non-use of premises by owners, tenants and other persons is not grounds for non-payment of payment for residential premises and utilities. Thus, regardless of the fact of residence, tenants and owners of residential premises are required to bear the costs of using and maintaining the premises.
Rules for successful judicial collection of fees for housing and communal services for management companies and homeowners' associations
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Article 154 of the RF Housing Code. Fee structure for residential premises and utilities (current version)
b) hot water supply, that is, the supply of hot water supplied through centralized hot water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in cases established by these Rules - to premises, included in the common property in an apartment building. In the absence of a centralized hot water supply, the supply of hot water to consumers in an apartment building is carried out by the contractor through the production and provision of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of the owners of premises in the apartment building (if such equipment is available);
c) drainage, that is, the removal of wastewater from a residential building (household), from residential and non-residential premises in an apartment building, as well as in cases established by these Rules, from premises included in the common property in an apartment building - through centralized networks drainage and in-house engineering systems;
d) electricity supply, that is, the supply of electrical energy supplied through centralized power supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in cases established by these Rules - to premises included in composition of common property in an apartment building;
e) gas supply, that is, the supply of gas supplied through centralized gas supply networks and intra-building engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, to premises that are part of the common property in an apartment building, as well as the sale of household equipment gas in cylinders;
f) heating, that is, the supply of thermal energy through centralized heating networks and intra-building engineering heating systems, ensuring the maintenance of the air temperature in a residential building, in residential and non-residential premises in an apartment building, in premises that are part of the common property in an apartment building in paragraph 15 of Appendix No. 1 to these Rules, as well as the sale of solid fuel in the presence of stove heating;
g) management of solid municipal waste, that is, collection, transportation, neutralization, disposal of solid municipal waste generated in apartment buildings and residential buildings.
Thus, according to Part 4 of Art. 155 of the RF Housing Code, the management of municipal solid waste is classified as a public service. Meanwhile, the term “municipal solid waste” (MSW) itself is defined differently in various legal acts. In addition, some regulations also use the terms “municipal solid waste” and “production and consumption waste.”
As follows from Art. 1 of the Federal Law of June 24, 1998 N 89-FZ (as amended on December 31, 2017) “On production and consumption waste”, production and consumption waste are substances or objects that are generated in the process of production, performance of work, provision of services or in the process of consumption, which are removed, intended for removal or subject to removal in accordance with this Federal Law.
Whereas municipal solid waste (MSW) is waste generated in residential premises during the process of consumption by individuals, as well as goods that have lost their consumer properties during their use by individuals in residential premises to meet personal and domestic needs. Municipal solid waste also includes waste generated during the activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises during consumption by individuals. Thus, this is a narrower concept than production and consumption waste.
As for household waste, it should be considered as a synonym for municipal solid waste. Thus, in the Comprehensive Strategy for the Management of Solid Municipal (Household) Waste in the Russian Federation, approved by Order of the Ministry of Natural Resources of Russia dated August 14, 2013 N 298, solid municipal (household) waste is understood as waste that is part of consumer waste and generated in multi-apartment and residential buildings. homes as a result of the consumption of goods (products) by citizens, as well as goods (products) used by them in these homes to satisfy personal needs and which have lost their consumer properties.
By establishing a specific list of public services provided to tenants and owners of premises and residential buildings, the legislator put an end to previously existing disputes about whether garbage collection is a public service. Moreover, the obligation to pay for the utility service for the management of solid municipal waste occurs in the presence of a concluded agreement between the executive authority of the relevant constituent entity of the Russian Federation and the regional operator for the management of solid municipal waste and an approved uniform tariff for the service for the management of solid municipal waste in the territory of the relevant constituent entity of the Russian Federation, but no later than January 1, 2021 (Part 20, Article 12 of the Federal Law of June 29, 2015 N 176-FZ “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”).
It should be taken into account that Part 4 of the commented article applies to relations that arose after January 1, 2021. For the specifics of its application to contracts for services for the management of solid waste, concluded before this date for a period of more than 10 years, see the Federal Law of December 29, 2014 N 458-FZ “On amendments to the Federal Law “On Production and Consumption Waste”, certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation.”
It should be noted that in practice, payment documents received by owners and tenants of residential premises indicate together both utility services (with the exception of electrical energy, which is paid for under a separate payment document) and services for the maintenance of residential premises, which cover other types of services.
5. In paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 N 22 “On some issues of consideration by courts of disputes regarding payment for utilities and residential premises occupied by citizens in an apartment building under a social tenancy agreement or owned by them” was o.
What services are charged?
If no one lives in the residential premises and is not registered, fees should be calculated for services related to the maintenance of the residential premises:
- for owners - maintenance of residential premises and “Contribution for major repairs”;
- for tenants – maintenance of living quarters and “rental fees”.
During the winter period, accruals are also made according to, since the service provider bears the costs regardless of whether citizens live in the residential premises, as well as for utilities for the purpose of maintaining common property in an apartment building.
In what case can the management company independently index the amount of the fee?
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Improper fulfillment of contract terms
If the management company still demands payment in full from residents, taking into account all the corresponding tariff increases, but at the same time fulfills its obligations in bad faith or does not fulfill them at all, then the law provides for certain actions. For example, if garbage is not removed in a timely manner, the surrounding area is not cleaned, there are no lamps in the entrance and windows are broken, then this and other violations must be recorded in an appropriate act. It can be drawn up by any resident of a given building, together with two neighbors and the chairman of the homeowners’ association.
It is worth considering that the reference period for the provision of low-quality utility services will be the date when the act was signed. In case of identified violations and mass discontent of residents, it is necessary to prepare a collective complaint with specific claims. The complaint must contain the last names, first names, patronymics, residential addresses and signatures of each resident participating. Such a document is submitted to the management company or housing and communal services. The complaint should clearly indicate the date by which the tenants demand that the deficiencies be corrected. You must keep a copy of it for yourself.
Next, a similar letter is sent to the Housing and Communal Services Department of the locality with a request to take appropriate measures and bring violators to justice. This is done if the first complaint has no effect. Further, if the second option does not work, you should go to court.
IPU and accrual for housing and communal services
If individual metering devices are installed in the premises, then accrual is carried out based on actual consumption volumes. At the same time, if no one uses the apartment for a long time, you can seal the metering devices during the absence of residents.
Sealing is carried out at the request of the owner. The application must be accompanied by the details of a Russian citizen’s passport and a document proving ownership of the property.
It is important for management organizations to remember that the request for sealing must be fulfilled only if there is no debt for the service. The sealing report must indicate the meter readings taken.
Upon entering the apartment, the apartment owner must make a repeated request to take control readings, which in subsequent periods will be used as starting readings when determining the actual volume of resource consumption.
If there are no metering devices and there are no permanent or temporary residents, charges for utilities (water, electricity, gas, solid waste) are made taking into account the number of owners of the residential premises. The only reason not to charge for water supply and electricity services in this case is the complete shutdown of access to resources to the premises.
If there are resident citizens, recalculation is carried out only for those services for which accrual is made in accordance with consumption standards and for which it is not technically possible to install a meter. The basis for recalculation of water supply and electricity in this case will be an inspection report to determine the lack of technical feasibility of installing a meter.
How does the management company correctly set the amount of fees for maintaining apartments?
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Main points
First of all, it should be noted what is included in the list of provided utilities:
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| Name of communication | Explanation |
| Cold water supply | 24-hour supply from a central or intra-house network in quantity and quality appropriate for domestic needs. If there is no water supply system, there must be a water supply to the street water pump. |
| Hot water supply | 24-hour supply through the central water supply network. |
| Sewage drainage | Disposal of domestic wastewater through the intra-house and central sewer system. Most of the existing premises of an apartment building are equipped with such systems. |
| Electricity supply | Uninterrupted round-the-clock supply of electricity in sufficient quantities |
| Gas supply | 24-hour supply via the gas supply network. Supply using gas cylinders is acceptable. |
| Heating | Supply of heat energy through centralized networks, as well as heat supply systems, maintaining proper temperature conditions during the heating season. |
Of course, utilities cannot include an item that does not actually apply to a specific home. For example, if there is no sewerage system or hot water supply, they should not be included in the payment and, accordingly, are not included in the agreement with the management company.
Parties to the legal relationship for the provision of utility services
The parties to the legal relationship for the provision of utility services are:
- resource supplying organization - a legal entity, regardless of the organizational and legal form, as well as an individual entrepreneur, selling utility resources (wastewater disposal) and
- consumer - the owner of premises in an apartment building, as well as a person who uses premises in an apartment building on another legal basis, consuming utilities (clause 2 of the Rules, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354).
The utility service provider is the third subject of the legal relationship . In accordance with the legal position set forth by the Presidium of the Supreme Arbitration Court of the Russian Federation in Resolution No. 8714/12 of October 30, 2012, paragraph 6 of Chapter 30 of the Civil Code of the Russian Federation, an elementary legal relationship regarding energy supply is regulated, in which only two persons : the seller - the energy supply (resource supply) organization and buyer - a subscriber who purchases a utility resource and, therefore, is obliged to pay for this utility resource to the resource supplying organization. Housing legislation introduces an additional subject - the provider of utility services , who, on the one hand, purchases the listed utility resources from the resource supply organization, and on the other hand, provides utility services to citizens living in apartment buildings. Accordingly, such a contractor pays for the utilities supplied by resource supply organizations. Within the meaning of paragraph 6 of Chapter 30 of the Civil Code of the Russian Federation, the contractor acts as a subscriber in relation to the resource supplying organization. Consumers, in turn, pay utility bills to utility service providers. The procedure for paying for these services, depending on the method of managing a multi-apartment residential building and the type of utility service provider (HOA, management company, etc.) is regulated in detail in Article 155 of the Housing Code of the Russian Federation.
- We recommend: about who can be the provider of utilities and from what point does the management company, HOA, cooperative or RSO become the provider of utilities (starts providing utilities
The concept of a person using, on another legal basis, premises in an apartment building, residential building, household, consuming utilities, is deciphered in the Housing Code of the Russian Federation. Thus, according to Article 153 of the Housing Code of the Russian Federation, the following persons can act as a customer (consumer) under a contract for the provision of utility services for a fee:
- tenant of residential premises under a social tenancy agreement - from the moment of conclusion of such an agreement;
- tenant of residential premises under a rental agreement for residential premises of a social housing stock - from the moment of conclusion of this agreement;
- tenant of residential premises of the state or municipal housing stock - from the moment of conclusion of the relevant lease agreement;
- tenant of residential premises under a rental agreement for residential premises of the state or municipal housing stock - from the moment of conclusion of such an agreement;
- member of a housing cooperative - from the moment the housing cooperative provides residential premises;
- the owner of the premises - from the moment the right of ownership to such premises arises, taking into account the rule established by part 3 of Article 169 of the Housing Code of the Russian Federation;
- the person who accepted from the developer (the person providing the construction of an apartment building) after issuing permission to put an apartment building into operation, premises in this building under a transfer deed or other transfer document - from the moment of such transfer;
- developer (a person ensuring the construction of an apartment building) in relation to premises in this building that have not been transferred to other persons under a transfer deed or other transfer document - from the moment he is issued permission to put the apartment building into operation.
