How to divide a personal account in a municipal apartment

Cohabitation of citizens is often a forced measure and serves as fertile ground for the emergence of various kinds of conflicts.

The presence of such disputes does not relieve residents from the burden of bearing joint expenses for the maintenance of residential premises and does not give them the right to evade them. The problem of separate payment for housing and communal services can be solved using the section of the personal account of the residential premises. More details about the procedure and methods for dividing a personal account will be discussed in this article.

The concept of “Section of a personal account in a privatized apartment”

The term “separation of accounts” does not exist in the current legislation of Russia. However, this phrase has firmly entered into circulation to denote the process of allocating a share in payment for housing and communal services to each owner of a share of real estate.

To open a personal account, the following information is required:

living space area;
the number of persons registered in it.

The owners enter into agreements for the provision of utilities and maintenance of the local area. At the same time, they have equal rights to use the premises and obligations to pay the receipt.

In accordance with Article 249 of the Civil Code of the Russian Federation, each participant in shared ownership is obliged to pay payments on common property in proportion to his share, as well as participate in the costs of its maintenance and preservation.

Based on clause 5 of part 2 of Article 153 of the Housing Code of the Russian Federation, the obligation to pay for residential premises and utilities arises from the owner of the premises from the moment the ownership of such premises arises.

Other owners bear joint liability for failure to fulfill obligations to pay housing and utility bills until the procedure for incurring these costs is changed based on an agreement of the parties or a court decision that has entered into legal force.

It is not always possible to agree peacefully on each of them paying equal amounts on a receipt, which is why there is a need to create a separate payment document for each owner.

Division is possible only if the following conditions are met:

a separate account can be issued only for the owner of the share;
registration without owning a share in the living space does not give the right to have a personal account;
division is possible only in privatized housing.

According to the new housing legislation of the Russian Federation, the division of accounts in a municipal apartment is not provided.

The formation of a separate payment is made only on the basis of the Certificate of Ownership. It is also unacceptable to separate personal accounts if the apartment is one-room.

Section of the personal account of an apartment in a privatized apartment

The procedure for partition is generally similar; partition can also be carried out peacefully or through the courts. But, since housing is privately owned, it is much simpler. Thus, on the basis of Article 154 of the Housing Code of the Russian Federation, each property owner must fulfill his obligations to pay for utilities independently. Based on this rule, a separate account can be allocated for each owner, into which funds for utilities will be received.

The division will be carried out if the following conditions are met:

the apartment has an isolated room;
the room corresponds to the share of the person who wishes to allocate a personal account.

However, the applicant may be refused in the following cases:

the width of the entrance to the isolated room is less than 70 centimeters;
the window of this room overlooks an isolated courtyard, which is less than 25 square meters;
room width 2 meters or less;
the distance between the source of natural light and the opposite wall is less than 3 meters.

In other cases, a separate personal account can be allocated for the co-owner so that he can independently fulfill his obligations to pay for utilities.

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How to divide bills in a privatized apartment?

There are two options for the accounts section:

Draw up an agreement with all owners of residential premises and submit an application to the management company (homeowners' association) for the allocation of accounts and execution of an agreement for the provision of housing and communal services and maintenance of the local area with each owner separately;
Filing a claim in court - in the absence of agreement between the owners or in the event of the management company refusing to divide the accounts.

Each of these methods has its own features and characteristics.

Where to contact?

The simplest option is to submit an application to the management company (homeowners' association) to which the residential premises belong.

A more complex and costly method would be to file a claim with the district (city) court at the location of the real estate. However, this option will remain the only one if there is a dispute between the owners, one of the co-owners evades participation in sharing the burden of maintenance costs, or if the management company refuses.

Applying to the management company - step-by-step instructions

If all property owners agree to determine their shares for utility bills, then they should submit an application to the management company.

Step 1 . The owners will have to enter into an agreement among themselves, in which they will indicate the share of reimbursement of expenses for payment of utilities and similar services. Such an agreement can be concluded in simple written form and does not require mandatory notarization. (clause 1 of article 160, subclause 2 of clause 1 of article 161 of the Civil Code of the Russian Federation, clause 12 of the Resolution of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14).

Step 2. With this agreement, the co-owners apply to the management company (the executive body of the homeowners’ association) and organizations that provide resources and sign an application for the allocation of an individual personal account to each.

The following documents must be submitted along with the application:

an extract from the unified register of rights to real estate with a deadline for issue no later than a month before the date of application (for real estate privatized after July 2020) or a certificate of ownership;
cadastral passport for residential premises;
civil passport of each owner of the property.

Legal basis: Art. 249 Civil Code of the Russian Federation, Part 5, 6.1, 7, 7.1 Art. 155 Housing Code of the Russian Federation, clause 2 of the Moscow Government Resolution No. 111-PP dated March 1, 2005, clause 27 of the Supreme Court of Russia Resolution No. 22 of June 27, 2017).

The application can be submitted by contacting the multifunctional center.

Step 3. If approved, an agreement for the provision of utility services is drawn up with each of the owners separately, after which payment is distributed to each owner in proportion to his share.

From this moment on, each share owner will receive a separate payment document and will be responsible for paying his part of the payments.

Step-by-step instructions when filing an application with the court

An application from the owners to the management company (HOA) is not an indisputable basis for dividing the personal account. For example, a refusal is possible if there is a large debt. In this situation, the issue will have to be resolved through the court.

Step 1 . The claim is filed on the basis of the norm of Article 69 of the Housing Code of the Russian Federation, which proclaims the principle of equal distribution of costs for maintaining premises among residents.

The defendants in the claim are: the management company (homeowners' association), resource-providing organizations.

What does the court decide?

When considering such cases, it determines in what order and amount each party will compensate for the payment of utilities and maintenance of living quarters. As a rule, these indicators are calculated depending on what share of the property (living area, utility rooms, etc.) falls on each of the interested parties.

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The adoption of such a court decision is possible taking into account all possible existing mutual agreements between persons living “in the same territory” on determining the procedure for using living space and the area of utility rooms.

After a court decision is made, the relevant settlement authority is obliged to conclude an agreement with each of the interested parties and issue separate payment documents.

Important: a former family member of a municipal housing tenant does not have the right to demand the conclusion of a separate social rental agreement from the landlord.

Is it possible to split bills in a municipal apartment?

From a legal point of view, the division of accounts is the conclusion of new rental agreements.

It is almost impossible to divide a personal account if people who belong to the same family live in the apartment.

If this is not the case, then the court may satisfy the claim requiring the conclusion of new lease agreements, relying on paragraph 4 of Article 69 of the Housing Code.

In accordance with Part 2 of Art. 69 of the Housing Code of the Russian Federation, family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are capable and limited in their legal capacity by the court bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.

Joint and several liability does not provide for the division of costs for utilities on the basis of a concluded agreement.

If it is not possible to reach an agreement on the procedure for paying for residential premises and utilities between citizens living in residential premises under social tenancy agreements, then the share of payments of each citizen for residential premises and heating is determined in court (Part 4 of Article 73 of the Law of the City). Moscow dated January 27, 2010 No. 2 “Fundamentals of the housing policy of the city of Moscow”).

In accordance with paragraph 30 of 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,” a former family member of the tenant has the right to demand that the landlord and the tenant conclude a separate agreement with him, determining the procedure and amount of his participation in the costs of paying fees for renting residential premises and utilities. Moreover, the proposal to conclude such an agreement may come from the employer.

Disputes arising in connection with the refusal of the lessor (tenant) to enter into such an agreement or in connection with the failure to reach an agreement between the parties on its contents are resolved by the court.

Courts, when considering such disputes, have the right, in relation to the provisions of parts 5 and 6 of Article 155 of the Housing Code of the Russian Federation, Article 156 of the Housing Code of the Russian Federation and Article 249 of the Civil Code of the Russian Federation, to determine the procedure and amount of participation of a former family member of the tenant in the costs of paying for living quarters and utilities, based on his share of the total area of the residential premises, with the imposition on the landlord of the obligation to conclude an appropriate agreement with the former member of the tenant’s family and issue him a separate payment document for payment for the residential premises (Determination of the Moscow City Court dated March 2, 2012 in case No. 33-6868).

How to divide a personal account in a municipal apartment?

The procedure for dividing a financial and personal account in a municipal apartment is very complicated. The Housing Code of the Russian Federation does not provide clear instructions on this issue. The absence of any legislative projects does not prohibit, but does not allow the division of a personal account.

In the legal aspect, splitting an account means drawing up a new tenancy agreement. But, citing the lack of regulatory laws, the owners of municipal housing and the relevant housing and communal services authorities have the right to reject the residents’ request.

In the current situation, it is possible to split the shares of payment for all services. In other words, the responsibility for paying the pay stubs is divided proportionally between registered residents. This procedure can be carried out by the Unified Information and Settlement Center (UIRC). But even there, the application of residents of a municipal apartment may be rejected. In such cases, you must file a corresponding lawsuit in court. And the court will oblige the EIRC to “split” the financial and personal account.

Reasons for splitting an account

Any resident of a municipal apartment can initiate the division of a financial-personal account. The only condition will be the presence of registration in this premises. The reasons why there is a need to take such measures is the reluctance to pay the bills of those who shirk such responsibilities.

Or the following situations are possible:

spouses, after divorce proceedings, forced to live together within the walls of one living space and intend to pay their own bills separately;
a young family who does not have the opportunity to move out of their parents’ living space, but wants to run their own household.
living in the same living space for citizens who do not have family ties;
the presence of a complex conflict situation between residents of the same apartment;
death or deregistration of the main tenant.

How to privatize an apartment with separate personal accounts?

The procedure for privatization of housing in Russia is reflected in Law No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.”

Article 2 of this law establishes that citizens living in housing under a social tenancy agreement have the right to purchase housing as common property or as the property of one person, including a minor.

Every Russian citizen has the right to take part in free privatization once, provided he has permanent registration in a municipal apartment.

The decision to privatize must be unanimous. One or more persons have the right to refuse to participate in the transaction (but must give notarized consent to privatization) in favor of the future owners. Residents who refuse have the right to permanent residence in a privatized apartment.

The legislation does not provide for the registration of ownership of part of the housing, so the apartment is privatized:

only entirely in shared ownership;
or into the property of one of the registered persons, subject to the refusal of the remaining persons.

To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.

Since the law prohibits the privatization of a part of a common object, the possibility of acquiring ownership rights to a share appears when it becomes a separate object.

The transfer of ownership of rooms in a communal apartment in which residents have separate personal accounts is called partial privatization. When rooms in a communal apartment are privatized, the share of ownership will correspond to the size of the occupied room.

There is another, more complex option for privatizing part of an apartment - drawing up a separate social tenancy agreement for residential premises. If several families living in a communal apartment are on bad terms with each other, then moving away may be a way out of this situation.

If it is not possible to exchange an apartment, then residents can determine the procedure for using the residential premises voluntarily or in court. After which you should contact the owner of the real estate to conclude a separate social rental agreement and privatize the allocated room.

Personal account section in a municipal apartment

I am registered in a municipal apartment with my brother, who leads an immoral lifestyle (an alcoholic), and his daughter, whom I have never seen. At the moment, there is a debt for utilities of 400 thousand rubles. My brother doesn't want to pay for anything. Is it possible to divide the personal account and the existing debt in half?

By virtue of clause 5, part 3, art. 67, parts 1 and 2 art. 153 of the Housing Code of the Russian Federation, the tenant of a residential premises under a social tenancy agreement is obliged to promptly pay for residential premises and utilities.

Articles 155–157 of the Housing Code of the Russian Federation establish the procedure and deadlines for making payments for residential premises and utilities on the basis of payment documents and determining its size based on the occupied total area of the residential premises and the volume of consumed utilities.

Article 69 of the RF Housing Code provides for equality of rights and obligations of the employer and his family members. All family members of the tenant of a residential premises under a social tenancy agreement who are capable and limited by the court in their legal capacity are jointly and severally liable with the tenant for the obligations arising from the social tenancy agreement.

In accordance with Part 4 of Art. 69 of the Housing Code of the Russian Federation, if a citizen ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

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In paragraph 30 of 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,” it is explained that based on part 4 of article 69 of the Housing Code of the Russian Federation, a former family member of the tenant of a residential premises under a social tenancy agreement has the right to require the landlord and the tenant to enter into a separate agreement with him, defining the procedure and amount of his participation in the costs of paying fees for renting residential premises and utilities, repairs and maintenance of residential premises. A proposal to conclude such an agreement may also come from the employer. Disputes arising in connection with the refusal of the lessor and (or) the tenant to enter into such an agreement or in connection with the failure to reach an agreement between the parties on its contents are resolved in court.

The court, when considering these disputes, has the right, in relation to the provisions of Parts 4, 5 of Art. 155, art. 156 Housing Code of the Russian Federation and Art. 249 of the Civil Code of the Russian Federation to determine the procedure and amount of participation of a former member of the tenant’s family in the costs of paying for residential premises and utilities, based on his share of the total area of the residential premises, imposing on the landlord (management organization) the obligation to conclude an appropriate agreement with the former member of the tenant’s family agreement and issue him a separate payment document to pay for housing and utilities.

If there is an agreement between persons living in residential premises under a social tenancy agreement to determine the procedure for using this residential premises (for example, a former member of the tenant’s family uses a separate room in the apartment), then the above-mentioned expenses can be determined by the court taking into account this circumstance.

Thus, you need to invite your brother to enter into an agreement to determine the procedure for using the premises and bearing the costs of its maintenance and utilities.

Taking into account your indication of the relative’s unreliability, such a proposal will be ignored by him, which will entail the need to resolve the issue in court.

In general, judicial practice on disputes in this category is well-established. The court, considering the case on its merits, makes a decision on determining the procedure and amount of participation in the costs of paying for housing and utilities and obliges the landlord (management organization) to make separate charges and issue separate payment documents.

However, such division will be possible from the moment the court decision comes into force. Debt for previous periods will be collected jointly and severally.

According to paragraph 1 of Art. 323 of the Civil Code of the Russian Federation, in the event of a joint obligation of debtors, the creditor has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt.