Article 155 of the RF Housing Code. Payment for residential premises and utilities (current version)

The amount of payment for residential premises in an apartment building

Source: RosKvartal® - Internet service No. 1 for management organizations
Payment for residential premises and utilities in an apartment building under a social tenancy agreement includes (Part 1 of Article 154 of the Housing Code of the Russian Federation):

• rental fee;
• payment for the maintenance of residential premises, which includes fees for services and work on the management of apartment buildings, for the maintenance and current repairs of common property, as well as for utility resources consumed during the use and maintenance of public buildings in apartment buildings;
• utility fees.

Major repairs of common property in an apartment building are carried out at the expense of the owners of the housing stock.

The payment for residential premises and utilities for premises owners includes (Part 2 of Article 154 of the Housing Code of the Russian Federation):

• payment for the maintenance of residential premises, namely payment for services and work on the management of apartment buildings, for the maintenance and current repairs of common property in an apartment building and for utility resources consumed during the use and maintenance of common property in an apartment building;
• contribution for major repairs;
• utility fees.

If the house is under direct management, the method of managing the house has not been selected or the selected method has not been implemented, then the payment for utilities will consist of:

• cold water charges,
• hot water,
• electrical energy,
• thermal energy,
• gas or household gas in cylinders,
• solid fuel in the presence of stove heating,
• wastewater disposal,
• MSW management,
• payments for utility resources consumed during the use and maintenance of common property in the apartment building.

The owners are required to approve at the general meeting a list of services and works for the maintenance and repair of common property in the apartment building, the conditions for their provision and implementation and the amount of financing (clause 17 of the RF PP dated 08/13/2006 No. 491).

Management organizations must provide owners with their proposals on the list, volume and quality of services and work (part 7 of article 156 of the RF Housing Code, clause 31 of RF PP No. 491). Proposals should be based on the composition, design features, degree of physical wear and tear and technical condition of the common property of the house.

The primary is the proposal of the management organization, the secondary is the conduct of OSSP and approval of the necessary conditions based on information received from the management organization.

The amount of payment for the maintenance of residential premises must be proportionate to the list, volume of work and services for the maintenance and repair of common property, taking into account the features and characteristics of a particular apartment building (Part 2 of Article 154, Part 1 of Article 156, Part 2, 3, Article 162 of the Housing Code of the Russian Federation).
Source: RosKvartal® - Internet service No. 1 for management organizations

Article 155 of the RF Housing Code. Payment for residential premises and utilities (current version)

1. Payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative created for the purpose of meeting the housing needs of citizens in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).

2. Payment for residential premises and utilities is made on the basis of:

1) payment documents (including payment documents in electronic form posted in the system) submitted no later than the first day of the month following the previous month, unless a different period is established by the management agreement of an apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative;

2) information on the amount of payment for residential premises and utilities, arrears for payment of residential premises and utilities, posted in the system or in other information systems that allow payment for residential premises and utilities. Information on the amount of payment for residential premises and utilities and debts for payment of residential premises and utilities is information about charges in the system, information contained in the payment document submitted to the e-mail address of the service consumer or in the payment document received through information terminals.

2.1. Payment documents, information on the amount of payment for residential premises and utilities and debts for payment of residential premises and utilities are subject to placement in the system within the period provided for in Part 2 of this article.

2.2 - 2.3. No longer valid as of January 1, 2021. — Federal Law of December 31, 2017 N 485-FZ.

3. Tenants of residential premises under a social tenancy agreement and a rental agreement for residential premises of the state or municipal housing stock pay a fee for the use of residential premises (rental fee) to the landlord of this residential premises.

4. Tenants of residential premises under a social tenancy agreement and an agreement for the rental of residential premises of a state or municipal housing stock in an apartment building, which is managed by a management organization, pay a fee for the maintenance of the residential premises, as well as a fee for utilities to this management organization. If the amount of the fee paid by the tenant of the residential premises is less than the amount of the fee established by the management agreement, the remaining part of the fee is paid by the landlord of this residential premises in the manner agreed with the management organization.

4.1. The tenant of residential premises under a rental agreement for residential premises of a social housing stock pays payment for residential premises and utilities to the landlord of such residential premises, unless this agreement provides for the payment by the tenant of payments for all or some utilities to resource-supplying organizations.

5. Members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative make mandatory payments and (or) contributions related to the payment of expenses for the maintenance and current repairs of common property in an apartment building, as well as payment for utilities, in the manner established by the authorities management of a homeowners' association or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative, including paying contributions for major repairs in accordance with Article 171 of this Code.

6. Owners of premises in an apartment building in which a homeowners association or housing cooperative or other specialized consumer cooperative is not a member of a homeowners’ association or a housing cooperative or other specialized consumer cooperative shall pay fees for the maintenance of residential premises and fees for utilities in accordance with with agreements concluded with a homeowners’ association or a housing cooperative or other specialized consumer cooperative, including paying contributions for major repairs in accordance with Article 171 of this Code.

6.1. If a homeowners' association or a housing cooperative or other specialized consumer cooperative concludes a management agreement for an apartment building, fees for utilities are paid by the persons specified in paragraphs 1 - 5 of part 2 of Article 153 of this Code to the management organization.

6.2. A management organization, homeowners' association or housing cooperative or other specialized consumer cooperative that receives payment for utility services makes payments for the resources necessary to provide utility services with persons with whom such management organization, homeowners' association or housing cooperative or other a specialized consumer cooperative has concluded contracts for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), in accordance with the requirements established by the Government of the Russian Federation Federation. A management organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative that receives payment for a utility service for the management of municipal solid waste, makes payments for the service provided with the regional operator for the management of municipal solid waste, with which such management organization, partnership homeowners or a housing cooperative or other specialized consumer cooperative has entered into an agreement for the provision of services for the management of municipal solid waste in accordance with the requirements established by the Government of the Russian Federation.

6.3. Lost power. — Federal Law dated April 3, 2018 N 59-FZ.

7. Owners of premises in an apartment building in which a homeowners’ association or housing cooperative or other specialized consumer cooperative has not been created and which is managed by a management organization, pay fees for residential premises and utilities to this management organization, except for the cases provided for in Article 171 of this Code.

7.1. Lost power. — Federal Law dated April 3, 2018 N 59-FZ.

7.2. If the person specified in clause 6 of part 2 of Article 153 of this Code concludes a management agreement for an apartment building with a management organization selected based on the results of an open competition provided for in part 13 of Article 161 of this Code, and also if the management agreement for an apartment building is concluded with by the specified person in accordance with Part 8 of Article 161 of this Code, payment for residential premises and utilities is paid to such a management organization.

7.3. When a developer manages an apartment building without concluding a management agreement for such a building with the management organization, payment for residential premises and utilities is paid by the person specified in paragraph 6 of part 2 of Article 153 of this Code to the developer.

7.4. When the developer, in the case provided for in Part 14 of Article 161 of this Code, enters into a management agreement for an apartment building with a management organization, payment for residential premises and utilities is paid by the person specified in paragraph 6 of Part 2 of Article 153 of this Code to such management organization.

7.5. In the cases provided for in Article 157.2 of this Code, payments for utility services are paid by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in a given building to the relevant resource supply organization and the regional operator for the handling of solids. municipal waste.

8. Owners of premises in an apartment building who directly manage such a building pay fees for residential premises and utilities in accordance with agreements concluded with persons carrying out the relevant types of activities.

9. Owners of residential buildings pay for services and work on their maintenance and repair, as well as pay for utilities in accordance with agreements concluded with persons carrying out the relevant types of activities.

10. Owners of premises in an apartment building pay for services and work on the maintenance and repair of these premises in accordance with agreements concluded with persons carrying out the relevant types of activities.

11. Failure to use the premises by owners, tenants and other persons is not grounds for failure to pay for residential premises and utilities. 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.

12. Payment for utilities provided to temporary residents is paid by the tenant of the residential premises in accordance with an additional agreement with the landlord concluded for the period of residence of temporary residents.

13. The landlord and management organization are obliged to inform in writing, respectively, tenants of residential premises of state and municipal housing funds and owners of residential premises in an apartment building about changes in the amount of payment for residential premises and utilities no later than thirty days before the date of submission of payment documents, on on the basis of which payment for residential premises and utilities will be paid in a different amount, unless a different period is established by the management agreement.

14. Persons who have lately and (or) not fully paid for housing and utilities are required to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day delay starting from the thirty-first day following the day of the established payment due date, until the day of actual payment made within ninety calendar days from the date of the established payment due date, or until the expiration of ninety calendar days after the date of the established payment due date, if within a ninety-day period payment has not been made. Starting from the ninety-first day following the day of the established payment deadline until the day of actual payment, penalties are paid in the amount of one hundred and thirtieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay. An increase in the amounts of penalties established by this part is not allowed.

14.1. Owners of premises in an apartment building who have lately and (or) not fully paid contributions for capital repairs are required to pay a penalty to the capital repair fund in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for every day of delay starting from the thirty-first day following the day of the established payment deadline until the day of actual payment. Payment of the specified penalties is carried out in the manner established for the payment of contributions for major repairs.

15. The landlord of residential premises, management organization, other legal entity or individual entrepreneur who, in accordance with this Code, pays for residential premises and utilities, as well as their representative, has the right to make settlements with tenants of residential premises of state and municipal housing funds and owners of residential premises premises and collect fees for residential premises and utilities with the participation of payment agents engaged in accepting payments from individuals, as well as bank payment agents operating in accordance with the legislation on banks and banking activities. In this case, the landlord of a residential premises, management organization, other legal entity or individual entrepreneur who, in accordance with this Code, pays for residential premises and utilities, as well as their representative, has the right to collect in court the overdue debt for payment for residential premises and utilities services.

16. When the persons specified in part 15 of this article attract representatives to carry out settlements with tenants of residential premises of state and municipal housing funds, owners of residential premises and collect fees for residential premises and utilities, the consent of the subjects of personal data to transfer personal data to such representatives is not required.

17. Payment for residential premises and utilities can be made using the system, including on the basis of contracts for the supply of resources necessary for the provision of utilities, contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in apartment buildings, for the provision of public services concluded electronically using the system.

18. A management organization, a homeowners’ association or a housing cooperative or other specialized consumer cooperative, a resource supplying organization, a regional operator for the management of municipal solid waste, which, in accordance with this Code, pays for residential premises and utilities, does not have the right to assign the right (requirement ) for the return of overdue debts to pay for housing and utilities to third parties, including credit institutions or persons engaged in the collection of overdue debts of individuals. The agreement concluded in this case on the assignment of the right (claim) to return the overdue debt for payment for residential premises and utilities is considered void. The provisions of this part do not apply to the case of assignment of the right (claim) to return overdue debt for payment for residential premises and utilities to a newly selected, selected or determined management organization created by a homeowners association or a housing cooperative or other specialized consumer cooperative, other resource supply organization , a selected regional municipal solid waste management operator.

19. A management organization, a homeowners’ association or a housing cooperative or other specialized consumer cooperative, a resource supply organization, a regional municipal solid waste management operator or a newly selected, selected or designated management organization created by a homeowners’ association or a housing cooperative or other specialized consumer cooperative , another resource supplying organization, a selected regional operator for the management of municipal solid waste are required to notify in writing the owner of the premises in an apartment building and the tenant of the residential premises under a social tenancy agreement or a rental agreement for residential premises of the state or municipal housing stock, who have an overdue debt to pay payments for residential premises and utilities, on the assignment of the right (claim) to return such debt to a newly selected, selected or determined management organization created by a homeowners' association or housing cooperative or other specialized consumer cooperative, other resource supply organization, selected regional operator for handling solid municipal waste within ten working days from the date of conclusion of the agreement on the assignment of the right (claim) to return the overdue debt for payment for residential premises and utilities. The specified owner and tenant have the right not to fulfill the obligation to repay the overdue debt to pay for residential premises and utilities to a newly selected, selected or determined management organization, created by a homeowners' association or housing cooperative or other specialized consumer cooperative, other resource supply organization, selected regional operator for the management of municipal solid waste before providing them with notification of the assignment of the right (claim) to return such debt.