A personal account for an apartment is opened for all residential premises (house, apartment), regardless of the form of ownership. That is, housing can be either privately or municipally owned.
Using your personal account, you can track information about payment of payments for the use of residential premises, whether it is the owner or the tenant. It must also be said that it is not opened to the owner of one or another right of ownership of housing, but directly to the apartment (house, dorm room, etc.). If several people live in the premises, then the personal account will contain information about this.
This document contains information about the apartment, the responsible tenant and the persons living with him, etc.
In this connection, an extract from a personal account is a very necessary document, especially when making transactions with housing, such as purchase and sale, privatization, entry into inheritance rights, etc., after the conclusion of which its re-registration .
The financial and personal account can be divided in cases provided for by law (for example, during the privatization of housing). The exception is the section of the municipal apartment account.
To receive an extract, the responsible tenant must submit a corresponding application to the management company. The production time for such a document is no more than three days . You can also contact the multifunctional center and use this public service.
What kind of prop is this?
Facial
an account is a digital combination - a designation of an account required by residents of a particular house to make payments for the use of housing and communal services.
What is considered housing and communal services? This:
- water supply;
- drainage;
- gas supply;
- maintenance of the house itself and the surrounding area;
- heating (during the cold season);
- energy supply.
Note 1.
Water supply refers to the organization of access to hot and cold water.
In cities and other settlements, housekeeping is provided by a variety of public services. In this case, most often gas is organized by one company, water by another, electricity by a third.
Important! All of these services are combined in one receipt, according to which residents pay for them.
Cash collections are handled either by settlement centers or management companies.
Where to go to open a personal account? To understand this, you need to find out how many companies are engaged in servicing the house in which you now live. The further course of action depends on this.
Note 2.
Regardless of the number of owners and actual residents, the details are opened for one person. This is usually one of the home owners. Who will handle the paperwork is decided independently - this is not regulated by law.
Splitting a personal account
The division of a personal account becomes necessary when a situation occurs that more than one family living in an apartment runs a separate household, and the responsible tenant must pay. This happens, for example, when spouses divorce and are forced to live together in the same place of residence, but in different rooms, and also when children start their own families.
The division of personal accounts is only the distribution of responsibilities of people living together to pay utility bills.
It must be borne in mind that this does not entail a change in the terms of the social tenancy agreement for each resident.
The use of such measures allows two separate families running a separate household to pay only according to their personal account, which makes it possible to resolve disputes about who consumes more.
How to divide bills in a municipal apartment
It is possible to split a personal account if the apartment is municipally owned and used by the tenant under a social tenancy agreement, but as judicial practice shows, not in all cases. The Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) does not provide for the division of a personal account into a municipal apartment.
But, nevertheless, in accordance with paragraph 4 of Art. 69 of the Housing Code of the Russian Federation, if a citizen ceases to be a member of the tenant’s family, then he does not lose his rights in relation to housing. At the same time, he is independently responsible , including for non-payment of utility bills.
From the systemic interpretation of the norms of the Housing Code of the Russian Federation, it follows that the parties, if it is necessary to divide the personal account, can enter into an agreement among themselves on the payment of payments for the maintenance of the apartment. However, there are cases when it is not possible to reach an agreement and the parties to the conflict go to court.
But the court will take into account whether the procedure for pre-trial settlement of the dispute . The parties should try to come to an agreement by drawing up a notarial agreement, and also contact the unified information and settlement center with an application for splitting the account . If a refusal follows, it must be written and justified. It will also need to be presented to the court.
The responsible tenant must file a claim with the court demanding that the shares of each person living in the apartment be determined. In this case, the court will determine the shares of each user and indicate who will have to pay what share of utility bills.
But in this case, the conclusion of a separate social rental agreement will not follow, since the current Housing Code of the Russian Federation does not provide for such a procedure. A similar position is set out in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation.”
Example
The citizen appealed to the court with a demand to divide her personal account into a municipal apartment. This apartment was previously provided under a social rental agreement as official housing to her husband. She and her husband divorced, and the husband has not paid utility bills for a year.
The court refused to satisfy the claims, since it is impossible to divide the personal account into official housing.
Is it possible to split bills in a privatized apartment?
It is possible to divide a personal account if the apartment is registered in shares. If the privatization of the apartment was carried out for one owner, then splitting the account does not make sense.
If the apartment is in shared ownership without indicating the square meters belonging to each of the owners, then the allocation of the share in kind and the subsequent division of the personal account are possible only in court.
The court will refuse to satisfy the claims if:
- the apartment is privately owned by a citizen;
- the apartment is under arrest or other encumbrance;
- housing is for service purposes.
It is possible to open a separate personal account only if it is for a separate room in the apartment, not adjacent to other rooms. In addition, it must comply with sanitary and technical standards.
Example
Citizen Popova went to court with a demand to divide utility bills. After a divorce from my husband, the apartment was registered as shared ownership of ½ each. The husband has not paid utility bills for two years now and she bears the entire burden of expenses for the apartment. She also asked to recover from her ex-husband half of the payments paid for two years.
The husband filed a counterclaim, saying that he was paying the payments regularly. Citizen Popova made payments using her personal card and submitted a bank statement to the court. The court satisfied the requirements in full.
Nuances of opening a personal account
Before we begin to study the algorithm of the procedure and the necessary papers, we will highlight several specific points.
Firstly , all activities of a citizen in connection with drugs and his interaction with the relevant authorities are regulated by legal acts of local governments. From a practical point of view, federal laws play a secondary role here.
General provisions on the topic of the article can be studied in Art. 153 of the Housing Code of Russia.
An example of a private situation is Resolution of the Dimitrovgrad Administration of February 12, 2007 No. 349.
Secondly , in any case, citizens have to obtain specific information regarding the procedure and documents locally - from the utility service and from the management company. Our article gives a general guideline.
How long is the statement valid for?
The statement received once has a certain validity period. In essence, it simply reflects the state of the object at the time the certificate is issued. All information listed in it is valid only until a new change in one of the points, but no more than 30 days from the date of receipt of a copy of the financial personal account. This means that the certificate can be used within a month after receiving it. But if another tenant registers in the apartment the day after the document is issued, then the previously issued extract immediately becomes invalid.
Where and how do they open?
The question of creating props is the main one, because... associated with the practical side of the problem. We have already said: which point you should contact depends on the number of companies servicing the house.
If payments for all types of services are received in a single check
, everything is simple here: you need to visit the management company and submit an application along with the required documents to open a personal account in your person.
Note 3.
When buying an apartment, be sure to ask the seller how things are going with paying for housing and communal services. Otherwise, you may have problems in the future in connection with the existing debt, which was left “as a gift” from the previous owners. Don't be satisfied with verbal assurances - ask for documentary evidence.
Algorithm for opening a personal account:
- collect all available receipts received in connection with payment for housing and communal services;
- in the payment documents, look at the addresses of services and companies that are responsible for accepting payments (here you can find addresses and phone numbers);
- prepare documents (read about this below);
- contact the authority that accepts payments from the public.
Once copies of the documentation have been submitted, the process is completed.
Note 4.
In most cases, from next month you will begin to receive payment receipts with the indicated personal account, full name of the apartment owner and the number of registered household members.
Important! Contacting utility services to create details is only appropriate if all family members have registered at the place of residence. This is because most services are charged per person.
Now let's move on to studying the issue of required papers and the nuances associated with them.
How to find out the number
You can find out the personal account number of an apartment in several ways:
- Carefully study receipts for payment of services. Each company supplying a utility resource has a unique numbering of personal accounts, which they are required to reflect in the payment document.
- Call the management company or the company supplying the utility resource.
- Using specialized services (sites) for housing and communal services. However, such resources are not available in every region.
- Through the State Services portal, if such a function is available in your region.
- Using an ATM or Sberbank service, where you can find out the number at the apartment address, it is loaded there automatically.
- On the GIS Housing and Communal Services website.
To get a number through GIS Housing and Communal Services, you need:
- Log in to State Services.
- In the same browser, open https://my.dom.gosuslugi.ru/citizen-cabinet/
- Click on the “Property Rights Information” section.
- Information about the drug will be indicated in the last column.
These methods only work if you are trying to find out the personal account of an apartment you own.
When calling the management company, you need to be prepared for the organization’s representatives to ask questions in order to identify your identity and relationship to the residential premises. Otherwise, information will be denied on the basis of the law on the protection of personal data. On the same basis, representatives of the management company may refuse to provide information about the debt.
If you want to obtain information using electronic services, information about the account number for the property you own will be automatically downloaded. You won’t be able to find out about a debt, for example, from a neighbor, using these services.
Required Documentation
An important aspect of opening any details is the preparation and submission of documents to the competent authority.
You can open a personal account to pay for housing and communal services if you provide the following package:
- passport (as the applicant's identification document);
- certificate of ownership rights;
- purchase and sale agreement (contract);
- certificate of family composition;
- extract from the Unified State Register of Rights to Real Estate and Transactions with It.
It is not always necessary to submit copies along with the originals, because employees of utility services or payment centers do this on their own - at the same time, they also certify the necessary papers.
In the near future, after submitting the documentation, the citizen will have to deal with a contract for the provision of services, which will need to be carefully studied and signed.
The list does not contain anything extraordinary. For example, a purchase and sale agreement
passes into your hands from the seller of real estate or the person who represents him. An extract from the Unified State Register is provided to Rosreestr after the registration process for the transaction is completed (this takes a week).
Important! When the transaction is completed, you should visit the passport office in order to register everyone as a family member. Then the citizen receives an extract from the house register or a certificate of family composition. These documents are the basis for utility companies to charge fees for relevant services.
There are no difficulties in theory, either in terms of volume or time, if everything is done in a timely manner. The main thing is not to delay the submission of documentation and not to delay opening the details for housing and communal services.
Infocraft: housing and communal services formula
In individual residential buildings, a personal account is opened directly with the organization that calculates and collects payments for housing and communal services. 2.8. To open a personal account in houses of the individual residential sector, the written consent of all owners is required, which is expressed in the form of an application, as well as the availability of title documents, copies of which remain in the organization that calculates and collects payments for housing and communal services 2.9. Opening a personal account is the basis for charging fees for residential premises and utilities. 3. Re-registration (change) of a financial personal account 3.1. A financial personal account is subject to re-registration (change) in the following cases: 3.1.1.
- collection of documents;
- contacting the appropriate authority;
- waiting for a new payment document for each owner of the premises.
In order to obtain separate personal account numbers for paying utility bills, you need to contact the housing maintenance office (ZhEK) assigned to the building where the apartment owners live. Necessary documents Before going to the housing office, you need to collect the following package of documents:
- A certificate confirming shared ownership of the apartment (in a situation where this document is missing, you should contact a notary office, where a lawyer can get it, or the court, if one of the owners is against dividing the personal account).
- A document indicating ownership of residential premises.
- Application with a request to divide a personal account.
Actions to take if a debt is discovered on a purchased apartment
The person who sells the property does not always adhere to ethical standards, and therefore situations arise when the new owners end up with housing with debts for housing and communal services.
This state of affairs is discovered, as a rule, too late, and at first glance nothing can be done about it. Usually, new apartment owners simply cope with this burden themselves.
Note 5.
The law states that no one is obliged to pay other people’s debts, but there are nuances associated with re-registration of a personal account. Management companies in most cases simply transfer drugs with old debt. What does this lead to? To the point that you create details in your name, and then the check reveals a debt remaining from the previous owners.
Something can be done here, after all. Algorithm
such:
- Contact the company and file a complaint.
- As evidence, use the purchase and sale agreement
and obtaining a certificate confirming the rights to the property. - Prepare an act of acceptance and transfer of housing
, if you have one. It indicates the date when you became the owner of the property. - Send your grievance to a senior company official
if ordinary employees do not accept it.
An extreme measure, but a very effective one, is to go to court.
Important! Remember that when transferring a personal account to your name, as well as if there is debt from the old owners, you will receive two checks. One is for yourself, the other is for the previous owner. When the limitation period expires, the debt will be written off as bad.
Now you know what you need to do to open an account, what documents to prepare for this and where to go if unusual situations arise. Adhere to the principle of legality of actions and defend your right to the correct provision of services.
State or municipal housing
The presence of an open personal account for a certain person does not assign to such person the right to use or dispose of such residential premises. For example, a personal account in a municipal apartment can be opened for one of the tenants, but the presence of his personal data does not mean that he is assigned the right to use the municipal apartment after the expiration of the rental agreement. Also, the presence of a surname, name, patronymic in a personal account does not allow the account owner to dispose of such housing, for example, to sell it.
conclusions
When buying a property, it's not enough to just look around the rooms and talk to the neighbors. A lot of interesting and useful things can be learned from a copy of the financial personal account for an apartment or house. In particular, about how technically equipped the new home really is, whether accounting tools are installed and verified. But the most important thing is insurance against unnecessary hassle on the part of former residents and a guarantee that they did not leave a “surprise” in the form of some forgotten large debt for housing and communal services.
