Statement of claim to determine the procedure for payment of utility services. Statement of claim for determination of shares in payment for housing and communal services

1. I plan to file a lawsuit to determine the procedure for paying for utilities.
What documents will I need to prepare? Is personal presence in court required for everyone registered in the apartment?
Could having debt be an obstacle?

1.1. Hello!

The procedure for determining the procedure for paying for utility services is the procedure for determining the use of jointly owned property.
The law does not make the possibility of determining the use of property dependent on the absence or presence of debts.

To file a claim in court, you must pay the state. fee for the details of the magistrate's court district, which has jurisdiction over the case. Attach a receipt for state payment. duties.

According to paragraph 1 of Art. 247 Civil Code

Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.

Thus, the claim must also be accompanied by evidence that it was not possible to reach an agreement in pre-trial order (this could be letters with a proposal to determine the procedure for paying for utilities - in this case, you attach postal receipts with a list of investments) and a certificate of ownership. The claim is filed against all co-owners.

The court notifies all participants in the trial about the hearing, in case of their failure to appear, it postpones the hearing; in the event of repeated failure to appear without good reason and the absence of requests from the parties to consider the case in their absence, the court may make a decision in the absence of the parties.

1.2. Debt is not an obstacle. Documents - depending on the contract situation. Forms 7.8.U certificate of ownership, grounds for registration in this apartment, etc.

2. Is it possible to specify in one claim the determination of the procedure for paying for utilities by shares between the owners and the recalculation of payment of overpayments for 3 years?

2.1. Good day to you. The claims must coincide with each other in terms of the subject of the claim. I wish you good luck in resolving your issue.

3. The former cohabitant filed a claim to determine the procedure for paying utility bills. I am the tenant of the residential premises. My children, my daughter, born in 2002, are registered with me. and a son born in 1997. The former partner is not the father of the children and is not a member of my family because I have been married for 2.5 years and live with my new family. I haven’t paid rent all this time. I rented out my old apartment for relocation and received a certificate for relocation from the far north. I filed a response to his claim and a counterclaim to deregister him. At the trial, the judge said that he has the rights to 1/4 and can privatize it and rent it out again for resettlement or sell it. And he left the apartment (the judge said) forcedly because... got married and he couldn’t bring his wife to you. Are the judge's actions legal? The judge asked me to give compelling explanations regarding my claim to deregister it. 3-room apartment, 65.6 sq.m., children of different sexes, daughter is not an adult. The former partner is not a member of our family and is not the father of the children. What compelling explanations should be provided to the court in order to remove the former partner from the registration register in the apartment of which I am the tenant. He has been living with his wife in her apartment for 2.5 years and that means he is provided with housing.

3.1. You are mistaken about his provision of housing. He has the right to use a municipal apartment with the consent of the administration, i.e. This is providing a citizen with social housing, and at the same time his only housing. He lives with his wife while he is a husband, the wife has provided him with the use of her property, and in the event of divorce, she can demand eviction and the court will satisfy her demands.
If he has not previously participated in the privatization of municipal or state housing, then he actually has the right to privatization (privatization of an apartment is possible with the consent of those registered).
In order to be deregistered, it must be recognized as having lost or not acquired the right to use the residential premises. Since the apartment is municipal and he does not have another place of his own, the court will deny your stated requirements. His claim will be satisfied and his share of housing costs will be determined to be 1/4. With IPU com. installed in the apartment. Residents pay for services based on their actual consumption.

4. Filed a lawsuit in the district court to determine the procedure for PAYMENT for living quarters and utilities. By court ruling, the application was returned because according to clause 7, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation, cases on determining the order of USE are considered by a magistrate; it is also stated that determining the order of PAYMENT is one of the elements of determining the order of USE of property (Part 1 of Article 247 of the Civil Code of the Russian Federation). Please tell me if this definition is legal.

4.1. Good afternoon, yes, it is quite legal. Just file the same claim/application in the appropriate area of ​​the Magistrate Court.

4.2. Yes, everything is legal, contact the magistrate

4.3. YES, the definition is legal. They probably filed it themselves, without a lawyer.

4.4. The definition is illegal, since the issues of determining the procedure for paying for utility services are not related to the procedure for using residential premises. You can challenge the determination by filing a private complaint against it.
However, if you submit an application to the magistrate and attach a court ruling on lack of jurisdiction, the magistrate will be forced to accept it for proceedings, since disputes about jurisdiction are not permissible

4.5. If you filed a request to determine the procedure for using living space, then this is to the magistrate’s court; if you filed a request to divide the payment for housing and communal services between family members, then it is to the district court.

4.6. Generally speaking, in practice such cases are considered by district courts.

5. The ex-husband filed a claim to determine the procedure for paying for housing and communal services. We are 9/20 share owners and the child is 1/10. The ex-husband does not live in this apartment, but is there from time to time. In sq. there are metering devices. In the claims he indicated that he would pay only for his share of this apartment, without taking into account the interests of the minor child. The court of first instance ruled that the ex-husband pays only for housing and general house needs for his share, and I pay the rest for myself and for my minor child. How can I oblige my ex-spouse through the court to pay half the share for a minor child?

5.1. You won't be able to do this. Collect child support.

6. I want to go to court with a claim to determine the procedure for paying for utilities and rent (maybe called differently) (municipal apartment). Goal: to receive a SEPARATE RECEIPT for the commune in your name. Services and hiring, but at the same time, so as not to give the opportunity to turn the apartment into a communal one. Kv-ru. After which I plan to submit an application for recalculation of the amount of payment for utilities (since I live at a different address).

Question 1: Can the main tenant suspend the case on my claim and file a counterclaim to recognize me as having lost the right to use the residential premises and, in this case, deprive me of registration in this apartment? She will attach to her claim checks and receipts for several years, which she allegedly paid from her own money + evidence that I do not live in this apartment. In fact, I PAID, handing over the money to the main employer (I didn’t take a receipt)/to the account:

Share on receipts for your son (1.5 years) +

Part of the share for the main the tenant (she has not worked for many years and I, with another registered tenant, partially paid the debt of the main tenant).

1) witness (husband);

2) a witness (3rd tenant) who can confirm that I transferred the money to the principal. The employer, but will not be able to say exactly how much;

3) a bank statement, which shows that I periodically transferred money to the main account. the employer's amount over several years;

4) printing of letters by e-mail from the main. employer, where she confirmed in her letters for some months that I had paid my share.

6.1. Hello.
Yes, he can object to Article 35 of the Code of Civil Procedure of the Russian Federation

6.2. hello, you need to file a claim for division of personal utility bills in the city (district) court at the defendant’s place of residence.
your share is 1/2, not 1/3.
Everything you have previously paid is not taken into account in this trial. You will have to prove this if the employer files a claim against you to recover half of the utilities paid to her over the last 3 years or in the event of a claim to remove you from the registration register.

To file a claim you need:

State payment receipt duties 300 rub.
- a copy of an extract from the financial and personal account.
- a copy of an extract from the house register.
- a copy of the social contract hiring
- a copy of the child’s birth certificate.

The management company and the fourth registered tenant are third parties in the case.

The employer is the defendant.

You are for yourself and in the interests of the child - the Plaintiff.

7. I plan to go to court with a claim to determine the procedure for paying for utilities and rent (municipal apartment). In the future, I would like to apply for a recalculation of the amount of payment for utility services (since I live at a different address).
Question 1: Can the main tenant suspend the case on my claim and file a counterclaim to recognize me as having lost the right to use the residential premises and deprive me of registration in this apartment? She will most likely enclose all the checks and receipts for several years, which she allegedly paid from her own money + evidence that I do not live in this apartment. In fact, I PAID, handing over the money to the main employer (no receipts)/to the account:
1/3 of the amount on receipts (including meters) (4 residents are registered, including me and my son) +
share for his son (1.5 years) +
part of the share for the main the tenant (she has not worked for many years and I, together with another registered tenant, partially paid the debt of the main tenant).
I have:
1) witness (husband);
2) a witness (3rd tenant), who is ready to confirm that I transferred the money to the principal. The employer, but does not know exactly what amount;
3) a bank statement, which shows that I periodically transferred to the main account. the employer large sums over several years;
4) printing of letters by e-mail from the main. employer, where she confirmed in her letters over several months that I had paid my share.
Question 2: which of what I have (witness testimony, bank statement, printout of correspondence) do I need to attach to the claim to determine the procedure for paying for utility services?

7.1. you need another claim - for the division of the utility bill for the apartment..., this is exactly what will allow you to determine the amount of your payment,

8. Which court should I file a claim to determine the procedure for paying utility bills for an apartment that is in shared ownership? Global or regional?

8.1. Jurisdiction: district court.

9. The husband filed a lawsuit to determine the procedure for paying for utilities. What it is? And on what grounds does the judge determine this order?

9.1. What it is? The point is that the husband demands a division of obligations to pay for utilities. The judge only has the right to do this. And the judge has no right to establish the payment procedure

10. I want to write an application to the court with a claim to determine the procedure for payment for utilities and maintenance of residential premises, but I don’t know how to write, maybe there is some kind of sample? Thank you.

10.1. If I understand you correctly, you need a claim for division of a personal account, you can search by this name.
Or this was the first thing in the search

10.2. Hello. There are no samples, it is necessary to draw up a claim based on the specific situation

10.3. There are no samples. Drawing up a claim is a paid service.

All the best,

10.4. I do not recommend using dubious templates from the Internet; the claim must be drawn up individually in each specific case. Otherwise, the claim may be left without progress, or refused to be accepted for consideration, or the claims may be refused altogether.
Contact me, I will prepare you a legally competent statement of claim, and also, you need detailed advice on filing it with the court, preparing the necessary documents, participating in court hearings, etc.

I draw your attention to the fact that the responding lawyers do not call themselves (your telephone numbers are not available to us), be vigilant, call the selected specialist yourself.

11. Is a claim regarding the payment procedure and the determination of shares in payment for housing and communal services the same thing?

11.1. No, these are different claims.

11.2. If the demands stated in the claim are the same, then yes.

12. I want to go to court with a claim to determine the procedure for paying for housing and communal services. Is it necessary to first submit a written application to the management company? After all, they will refuse anyway (I already applied verbally). And who is the defendant in such a claim?
Thank you.

12.1. Svetlana, you have the right to apply to the Criminal Code with such a statement if there is the consent of all residents. The defendants in the claim are the other residents with whom you have a dispute. Good luck.

13. I filed a claim to determine the procedure for participation in payment for utility services with a requirement to conclude separate agreements with the service. Organizations or landlord - with each of the former family members. . Please tell me: Third parties are a management organization, and the defendant is a former family member. Right or wrong?

13.1. List everyone as a defendant

13.2. Your demand is formulated incorrectly, if what is written is transferred to the claim.

14. Please help me how to correctly file a claim to determine the procedure for payment for utilities? I have 5/12 shares, there are 3 more owners who do not want to pay. I want to file a lawsuit, I don’t know how to draw up a claim correctly.

14.1. Alexander, the website provides only brief consultations free of charge; filing a claim is a paid service.

14.2. Hello. Call us, we will help.

14.3. Alexander, you can find claim forms on the Internet, if you can’t handle it, call.

15. I want to file a claim against the Management Organization to determine for myself the procedure for paying for utility services. The question is who is the defendant? Should I only indicate the management organization or the residents of the apartment where I am registered as also considered defendants?

15.1. Alexander.

If the manager does not want to voluntarily agree on this procedure with you, then she must certainly act as a defendant, and the rest of those registered in the residential premises must be brought in as third parties.

16. I filed a claim with the city court to determine the procedure for paying for utilities, compensation for the expenses I incurred to pay for them (I paid for the services myself for a year) and to determine the procedure for using a residential building. The court accepted the application, set a date for consideration of the claim (July 17, 2012), and then the judge announced that this claim could not be considered by the city court, and after 15 days the court would independently transfer the documents to the magistrate court. The amount of the claim against the co-owner is 1/4 share for compensation: 20.0 rubles. There are no documents in the magistrate’s court yet, although the deadlines have expired. Which court will you turn to to protect your interests? Is there a mistake in the judge's actions? I would be grateful for your earliest response. Thank you. Lyubov Vasilievna.

16.1. Good afternoon
If the value of the claim is up to fifty thousand rubles, the case is considered by the magistrate court. A claim to determine the procedure for payment for services and payment of compensation should be filed with the magistrate’s court at the location of the defendant.
In your case, if the judge violated procedural deadlines, you must write a private complaint against the judge

16.2. Lyubov Vasilievna, hello! I decided to add.. In Moscow, magistrates do not consider claims to determine the procedure for payment for housing and communal services. And in the Moscow region too. These claims are heard in district and city (in the Moscow Region) courts. We are not talking about determining the procedure for using property, which is under the jurisdiction of justices of the peace.
Although, for the sake of fairness, it must be pointed out that in Moscow the wording of claims is different: about determining shares in payment for housing and communal services.
You own the residential premises, so you are not obligated to pay housing and communal services for your co-owners... Art. 249 of the Civil Code of the Russian Federation. Again, excuse me, I’ll refer to practice in Moscow: we don’t need to go to court in such cases. The management company, at the request of the shareholder, issues him a separate receipt for payment of housing and communal services. No going to court.
As for the remaining claims, they are indeed considered by magistrates, but if among the demands there is one that the magistrate does not have jurisdiction over, in theory, the entire claim, with all the requirements, should be considered by the city court.
I gave you my opinion based on practice.
Good luck!

Sincerely,
Kharchenko O.V.

17. Can I file a claim to determine the procedure for paying for utilities if the apartment is not privatized (a brother, sister and two children live in the apartment). I would like to pay the utilities myself. Tell me what documents are needed and how to write a claim. Thanks in advance.

17.1. Dear Katya, a statement of claim for division of the payment document is being filed with the district court. In the statement of claim, indicate that you maintain a separate household with the defendants (brother, sister and children, if they are not yours), and problems arise in timely and full payment of utilities. In addition, according to paragraph 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of July 2, 2009 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation,” the court, when considering these disputes, has the right in relation to the provisions of Parts 4, 5 of Art. . Art. 155, 156 LC RF and Art. 249 of the Civil Code of the Russian Federation determine the procedure for use and the 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.
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. The capable family members of the tenant of a residential premises under a social tenancy agreement bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.
The statement of claim is accompanied by an extract from the house register, a certificate of personal account, and a certificate of the absence or presence of arrears in payment of utility bills. In addition, in the statement of claim you must indicate in what shares the payment document should be divided.

Shchelkovo City Court, Moscow Region

Plaintiff:
K., acting for himself and his minor son A., born XXXXX.
registered at the address: Moscow region, Fryazino, XXXXXXX

Defendants:
1). LLC “Management Company “City Housing Administration of Fryazino”, represented by a representative
address: 141190, Moscow region, Fryazino, Shkolnaya st., 5a.

2). K., registered at the address: Moscow region, Fryazino, XXXXXXX

3). V., registered at the address: Moscow region, ХХХХХХХХХХХ
Actually lives at the address: Moscow region, Lyubertsy district, XXXXX

Statement of claim
on determining shares in payment for housing and communal services

In 1996, I was sent to an orphanage for full state support, because... my father was deprived of parental rights. When sent to an orphanage, I was assigned a living space at the address: Moscow region, Fryazino, XXXXXXX (municipal three-room apartment total area - 57.9 sq.m., living area - 38.7 sq.m.).

I moved into the indicated residential premises in June 2007. There are 4 people registered at the address:
1) K., born in 1989 (applicant)
2) K., born in 1993 (applicant's brother)
3) V. born 1987 (applicant's sister)
4) K. born 2009 (son of the applicant).

K.V.A. and V.A.A. are not members of my family (we run a separate household, we do not have a joint budget and common expenses for the purchase of food, property for joint use, etc.). Sister V. lives at a different address with her family in the Lyubertsy district of the Moscow region.
We have not reached an agreement on payment of living expenses. K. and V. do not pay expenses for living quarters and utilities. For some time I paid for everyone's rent and utilities, but currently I do not have the opportunity to do this, and therefore the debt has accumulated.
Currently, the question has arisen about determining the procedure for paying for residential premises and utilities. I made this request to the management company, but they refused and recommended that I go to court.
According to the provisions of Part 1, Part 5 of Art. 153 of the Housing Code of the Russian Federation, tenants and owners of residential premises are required to promptly and fully pay for residential premises and utilities. At the same time, the payment for residential premises and utilities for the tenant, owner of the residential premises includes in accordance with Art. 154 Housing Code of the Russian Federation:

1) payment for the use of residential premises (rental fee);

2) payment for the maintenance and repair of residential premises, which includes payment for services and work on managing an apartment building, maintenance and routine repairs of common property in an apartment building. Major repairs of common property in an apartment building are carried out at the expense of the owner of the housing stock;

3) payment for utilities (cold and hot water supply, sanitation, electricity supply, gas supply and heating).

In accordance with Part 4 of Article 69 of the Housing Code of the Russian Federation, if a citizen ceases to be a member of the family of the tenant of a 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. In this case, the specified citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

This rule of law establishes the independent responsibility of a former family member of a tenant of a residential premises under a social tenancy agreement, who continues to live in this residential premises, for his obligations arising from the relevant social tenancy agreement. Therefore, he has the right to demand that the landlord and the tenant enter into a separate agreement with him, defining the procedure and amount of his participation in the costs of paying for the rental of 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 has the right, in relation to the provisions of Part 4, Part 5 of Art. 155, art. 156 of the Housing Code of the Russian Federation and Art. 249 of the Civil Code of the Russian Federation determine the procedure and amount of participation of a former family member of the tenant in the costs of paying for housing and utilities, based on his share of the total area of ​​the residential premises, with the imposition on the landlord (management organization) of the obligation to conclude a contract with the former family member of the tenant corresponding agreement and issue him a separate payment document for payment of residential premises and utilities.

I believe that my share of the cost of paying for the use of residential premises and utilities should be ½ share of the total amount of payments. I am ready to pay my share for housing and communal services in full and on time.
The calculation of payments and the performance of the functions of housing organizations for the calculation of payments for residential premises, utilities and other services to tenants under rental or social tenancy agreements, the formation of unified payment documents is entrusted to the departments of the State Housing Administration, the EIRC, therefore I cannot independently make changes to the settlement document for payment for services for residential premises and utilities at the address: Moscow region, Fryazino, ХХХХХХХХХХ.
Taking into account the above, on the basis of Art. Art. 69, 153, 154 Housing Code of the Russian Federation,

1. Determine a share in the amount of ½ of the total amount of utility bills for the apartment located at the address: Moscow region, Fryazino, XXXXXXXXX, for me - K., acting for himself and his minor son, born in 2009; and K.V.A. and V.A.A. - ½ of the total amount of payments.
2. Oblige LLC Management Company GZHU Fryazino to make a calculation in proportion to the share of consumption, providing separate invoices (receipts) for payment of utility bills for the apartment located at the address: Moscow region, Fryazino, XXXXXXX:

1. Receipt for payment of state duty
2. Statement of claim for 3 l. (according to the number of persons involved in the case)
3. Copy of K's passport.
4. A copy of the financial and personal account for residential premises located at the address: Moscow region, Fryazino, XXXXX.
5. Extract from the house register of a residential premises located at the address: Moscow region, Fryazino, XXXXX.
6. Certificate of stay in an orphanage.
7. Copies of receipts for payment of utility bills made by K.
8. Ruling of the Supreme Court of the Russian Federation of December 22, 2009 No. 5-B09-119.

The issue of paying for utilities and electricity services is most relevant in residential premises where several people live. Be it residential premises owned by a person by right of ownership, be it residential premises of a municipal or city fund. According to the current legislation of the Russian Federation, the responsibilities of persons living in residential premises include the obligation to pay utility bills. However, not all persons fulfill this obligation in good faith, and therefore the rights of other residents are violated.

Let's imagine the situation:

Three people live in the premises, two of whom do not pay utility bills. However, one out of three residents has to pay for these services in full at their own expense. After all, if a bona fide tenant also does not pay for utilities and electricity services, then the management company will unilaterally terminate the contract for servicing the residential premises, after which it will file a claim in court to recover funds to cover the costs of paying utility bills.

To avoid this kind of injustice, it is necessary to determine in court the procedure for paying for utilities and electricity services. To determine the procedure for paying for utilities and electricity services, it is necessary to draw up a statement of claim to determine the procedure for paying for utilities and electricity services, and in support of your claims, include in the statement of claim the entire regulatory framework governing these legal relations. Also, receipts for payment of utilities and electricity services must be attached to the statement of claim to confirm that you are solely fulfilling these obligations. In addition, you must attach a document confirming your right to reside and use residential premises (certificate of state registration of rights or social tenancy agreement/order). To confirm the fact of residence of other persons in this residential premises, it is also necessary to attach an extract from the house register and a financial and personal account to the statement of claim. Other evidence may be required, depending on the situation (witness testimony, certificates from housing cooperatives/housing associations, etc.).

After the court makes a decision and determines the procedure for paying for utilities and electricity services, this decision must be submitted to the EIRTs and Mosenergosbyt (or other organizations, depending on whose competence this issue is).

After the work has been done, receipts for payment of utilities and electricity services will be sent to you separately, and to unscrupulous persons separately. If, after determining the procedure for paying for utilities and electricity services, unscrupulous residents do not fulfill their obligations to pay for these services, the management company will recover the costs of paying utility bills and electricity services in court. After determining the procedure for paying for utility services, you will not be a participant in this trial.

Decree of the Government of the Russian Federation dated May 6, 2011 N 354 (as amended on May 22, 2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services...

VI. Procedure for calculating and paying utility bills

36. The calculation of the amount of payment for utility services is carried out in the manner established by these Rules, taking into account the features provided for by regulations governing the procedure for establishing and applying the social norm for the consumption of electrical energy (power), if in a constituent entity of the Russian Federation a decision has been made to establish such social norm.

37. The billing period for paying utility bills is set equal to a calendar month.

38. The amount of payment for utility services is calculated according to tariffs (prices) for consumers established by the resource supplying organization in the manner determined by the legislation of the Russian Federation on state regulation of prices (tariffs).

If in a constituent entity of the Russian Federation a decision has been made to establish a social norm for the consumption of electrical energy (power), the amount of payment for utility services for electricity supply is calculated based on the prices (tariffs) for electrical energy (power) established for the population and equivalent categories of consumers in within and beyond such social norm.

In the case of establishing tariffs (prices) differentiated by consumer groups, the amount of payment for utility services is calculated using the tariffs (prices) established for the corresponding group of consumers.

If surcharges are established on tariffs (prices), the amount of payment for utility services is calculated taking into account such surcharges.

In the case of establishing two-rate tariffs (prices) for consumers, the calculation of the amount of payment for utility services is carried out according to such tariffs (prices) as the sum of the constant and variable components of the payment, calculated for each of the 2 established rates (fixed and variable) of the two-rate tariff (price) separately .

In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water utility service is calculated based on the sum of the cost of the cold water component intended for heating in order to provide the hot water utility service (or the coolant component, which is an integral part of the hot water tariff in open heat supply systems (hot water supply), and the cost of the component for thermal energy used to heat cold water in order to provide public hot water supply services.

(see text in the previous edition)

When establishing tariffs (prices) for consumers, differentiated by time of day or other criteria reflecting the degree of use of utility resources, the amount of payment for utility services provided in residential premises is determined using such tariffs (prices) if the consumer has an individual, common (apartment) or room metering device that allows you to determine the volumes of utility resources consumed in the corresponding premises differentiated by time of day or other criteria reflecting the degree of use of utility resources.

(see text in the previous edition)

When calculating the amount of payment for utility resources purchased by the contractor from a resource supplying organization for the purpose of providing utility services to consumers, the tariffs (prices) of the resource supplying organization are used when calculating the amount of payment for utility services for consumers.

39. If, when calculating the amount of payment for a utility service, a two-part tariff (price) is subject to application, then the contractor, in order to calculate the constant component of the payment, is obliged to calculate in the manner in accordance with Appendix No. 2 the number of units of that constant value per each residential or non-residential premises in an apartment building ( power, load, etc.), which is established by the legislation of the Russian Federation on state regulation of tariffs for calculating the constant component of the fee.

40. The consumer in an apartment building pays for utilities (cold water supply, hot water supply, sewerage, electricity supply, gas supply) provided to the consumer in residential and non-residential premises in the cases established by these Rules, with the exception of the case of direct management of an apartment building by the owners of the premises in this house, as well as cases where the control method in an apartment building is not selected or the selected control method is not implemented, in which the consumer in an apartment building, as part of the payment for utility services (cold water supply, hot water supply, sewerage, electricity supply, gas supply), separately pays for utilities provided to the consumer in residential or non-residential premises, and payment for utilities consumed during the maintenance of common property in an apartment building (hereinafter referred to as utilities provided for general house needs).

(see text in the previous edition)

(see text in the previous edition)

The consumer of a utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heating and (or) hot water supply systems, pays a fee calculated in accordance with paragraph 54 of these Rules.

(see text in the previous edition)

41. The consumer of utilities in a household pays a fee for utilities, which includes payment for utilities provided to the consumer in the residential premises, as well as utilities consumed when using the land plot and outbuildings located on it.

42. The amount of payment for utility services provided to a consumer in a residential premises equipped with an individual or common (apartment) metering device, with the exception of payment for utility services for heating, is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a device accounting for the billing period. In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the readings of hot water meters.

(see text in the previous edition)

In the absence of an individual or general (apartment) metering device for cold water, hot water, electrical energy and gas and the absence of the technical possibility of installing such a metering device, the amount of payment for utility services for cold water supply, hot water supply, electricity supply, gas supply provided to the consumer in a residential premises, is determined in accordance with formulas 4 and Appendix No. 2 to these Rules based on utility service consumption standards. In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the hot water consumption standard.

(see text in the previous edition)

In the absence of an individual or general (apartment) metering device for cold water, hot water, electrical energy and in the event of an obligation to install such a metering device, the amount of payment for the utility service for cold water supply, hot water supply and (or) electricity supply provided to the consumer in a residential premises, is determined by formula 4(1) of Appendix No. 2 to these Rules based on the standard consumption of utility services for cold water supply, hot water supply and (or) electricity supply using an increasing coefficient, and in the case of establishing two-component tariffs for hot water, the amount of payment for utility services according to hot water supply provided to the consumer for the billing period in a residential building that is not equipped with such metering devices is determined by formula 23(1) of Appendix No. 2 to these Rules based on the hot water consumption standard using a multiplying factor.

(see text in the previous edition)

(see text in the previous edition)

The amount of payment for utility services provided to a consumer in a residential premises in the cases and for the billing periods specified in paragraph 59 of these Rules is determined based on the data specified in paragraph 59 of these Rules.

The amount of payment for public sewerage services provided for the billing period in a residential premises that is not equipped with an individual or common (apartment) wastewater meter is calculated based on the sum of the volumes of cold and hot water provided in such a residential premises and determined according to the readings of individual or general (apartment) cold and (or) hot water metering devices for the billing period, and in the absence of cold and (or) hot water metering devices - in accordance with formula 4 of Appendix No. 2 to these Rules based on the sewerage standard.

(see text in the previous edition)

42(1). Payment for heating utilities is carried out in one of two ways - during the heating period or evenly throughout the calendar year.

In an apartment building that is not equipped with a collective (common building) heat energy meter, and a residential building that is not equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined according to formulas 2, , and Appendix No. 2 to these Rules based on from the heating utility consumption standard.

(see text in the previous edition)

In an apartment building that is equipped with a collective (community) heat metering device and in which not a single residential or non-residential premises is equipped with an individual and (or) common (apartment) heat energy metering device, the amount of payment for the heating utility service is determined by formulas 3 and Appendix No. 2 to these Rules based on the readings of a collective (common house) heat energy meter.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which at least one, but not all residential or non-residential premises are equipped with individual and (or) common (apartment) heat energy metering devices, the amount of payment for the heating utility service is determined according to formulas 3(1) and Appendix No. 2 to these Rules based on the readings of individual and (or) general (apartment) and collective (common house) heat energy meters.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which all residential and non-residential premises are equipped with individual and (or) common (apartment) heat energy metering devices, the amount of payment for utility services for heating is determined by formulas 3(3 ) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) heat energy metering devices and the readings of a collective (common house) thermal energy metering device.

(see text in the previous edition)

In a residential building that is equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined according to formulas 3(4) and Appendix No. 2 to these Rules based on the readings of the individual heat energy meter.

(see text in the previous edition)

If an apartment building is equipped with a collective (common building) heat energy meter and, at the same time, residential and non-residential premises in the apartment building, the total area of ​​which is more than 50 percent of the total area of ​​all residential and non-residential premises in the apartment building, are equipped with distributors, the amount of payment for utility services is according to heating is determined in accordance with the provisions of paragraphs three and four of this paragraph and is subject to adjustment once a year by the contractor in accordance with formula 6 of Appendix No. 2 to these Rules. By decision of the general meeting of owners of premises in an apartment building, members of a partnership or cooperative, a more frequent frequency during the year for adjusting the amount of payment for utility heating services provided to consumers in the apartment building specified in this paragraph may be established in the event of payment for utility services for heating during the heating season. In the event of failure, lack of indications, or the presence of a violation of the integrity of the seal of at least one distributor in a residential or non-residential premises of an apartment building, such premises are equated to premises not equipped with distributors.

(see text in the previous edition)

When choosing a method of paying for heating utilities during the heating period with an open heat supply system (hot water supply), if the heat metering unit of an apartment building is equipped with a collective (common house) heat energy meter that takes into account the total volume (quantity) of heat energy consumed for the needs of heating and hot water supply, to determine the amount of payment for heating utilities in accordance with the provisions of paragraphs three to five of this paragraph, the volume (quantity) of thermal energy consumed during the billing period for heating needs, during the heating period is determined as the difference in volume ( quantity) of thermal energy consumed during the billing period, determined on the basis of the readings of the collective (common house) heat meter with which the apartment building is equipped, and the product of the volume (quantity) of thermal energy consumed during the billing period, used to heat water for the purpose of providing public utilities hot water supply, determined based on the standard consumption of thermal energy used to heat water for the purpose of providing public services for hot water supply, and the volume (quantity) of hot water consumed in the premises of an apartment building and for general house needs.

When choosing a method of payment for heating utilities during the heating period, if, with an open heat supply (hot water supply) system in an apartment building, collective (common house) metering devices are installed separately in the heating system and in the hot water supply system, the amount of payment for the utility service according to heating is determined in accordance with the provisions of paragraphs three to five of this paragraph.

When choosing a method of payment for a heating utility service during the heating period, the volume (quantity) of thermal energy in the amount determined on the basis of the readings of individual and (or) general (apartment) heat energy metering devices is used when calculating the amount of payment for the heating utility service for the billing period in which the consumer submitted meter readings. When choosing a method of paying for heating utilities evenly throughout the calendar year, the readings of individual and (or) general (apartment) heat energy meters are used when making adjustments for the past year.

(see text in the previous edition)

42(2). The method of payment for utility services for heating during the heating period is applied from the beginning of the heating period in the year following the year in which the government body of the constituent entity of the Russian Federation decided to choose this method, and the method of payment for utility services for heating evenly throughout the calendar year - from July 1 of the year following the year in which the government body of the constituent entity of the Russian Federation made a decision to choose this method.

If a government body of a constituent entity of the Russian Federation makes a decision to change the method of payment for a heating utility service, the executor shall adjust the amount of payment for a heating utility service in the first quarter of the calendar year following the year in which the payment method changes, in accordance with formula 6 (1)

(see text in the previous edition)

43. The volume of thermal energy consumed in the non-residential premises of an apartment building is determined in accordance with paragraph 42(1) of these Rules.

In the absence of a collective (common building) heat energy meter in an apartment building, as well as an individual heat energy meter, the specified volume is determined based on the heating utility consumption standard applied in such an apartment building.

(see text in the previous edition)

The volume of electrical energy, cold water and hot water consumed in a room allocated in an apartment building for parking spaces, the volume of waste water discharged is determined based on the readings of the corresponding utility resource meters installed for the purpose of separate metering of the consumption of utility resources in this room, and in their absence, based on the area of ​​the specified premises and the standard consumption of cold water, hot water, waste water disposal, electrical energy for the purpose of maintaining common property in an apartment building. The specified volume of electrical energy, cold water and hot water, as well as waste water is distributed among the owners of parking spaces in proportion to the number of parking spaces belonging to each owner. Moreover, in the absence of electricity, cold water and hot water meters installed for the purpose of separate metering of the consumption of utility resources in this room, the amount of payment for owners of parking spaces is determined by applying an increasing factor to the corresponding standard for the consumption of utility resources, the value of which is taken to be 1.5.

(see text in the previous edition)

44. The amount of payment for utility services provided for general house needs in the cases established by paragraph 40 of these Rules, in an apartment building equipped with a collective (communal) metering device, with the exception of utility heating services, is determined in accordance with formula 10 of Appendix No. 2 to these Rules.

At the same time, the volume of utility services provided for common household needs during the billing period, distributed in accordance with formulas 11 - Appendix No. 2 to these Rules among consumers, cannot exceed the volume of utility services calculated based on the consumption standards of the corresponding utility resource for the purpose of maintaining common property in apartment building, except for cases where a general meeting of owners of premises in an apartment building, held in the prescribed manner, made a decision on the distribution of the volume of utilities in the amount exceeding the volume of utilities provided for general house needs, determined based on the readings of the collective (common building) meter , above the volume calculated on the basis of standards for the consumption of communal resources for the purpose of maintaining common property in an apartment building, between all residential and non-residential premises in proportion to the size of the total area of ​​each residential and non-residential premises.

When calculating the payment for a utility service provided for general house needs to a consumer in a non-residential premises, the prices (tariffs) established for the category of consumers to which such a consumer belongs are used.

If the common house (collective) and all individual (apartment) metering devices have the same functionality for determining the volume of consumption of utility services differentiated by time of day or other criteria reflecting the degree of use of utility resources, then the volumes of utility services provided for the billing period for general house needs are determined separately for each time of day or other criterion, and the amount of payment for each of such volumes of utility services is distributed among consumers in accordance with paragraph one of this paragraph. In other cases, the volume of utility services provided for the billing period for general house needs is determined and distributed among consumers in an apartment building without taking into account the differentiation of this volume by time of day or other criteria reflecting the degree of use of utility resources, unless otherwise established by the agreement containing the provisions on the provision of public services.

(see text in the previous edition)

45. If the volume of utility services provided during the billing period for general house needs is zero, then the payment for the corresponding type of utility service provided for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers for such billing period.

(see text in the previous edition)

46. ​​Payment for the corresponding type of utility service provided for the billing period for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers if, when calculating the volume of utility service provided for the billing period for general house needs, it is established that the volume communal resource, determined based on the readings of the collective (common house) meter for this billing period, is less than the sum of the volumes of the corresponding type of utility service provided for this billing period to consumers in all residential and non-residential premises, determined in accordance with paragraphs 42 and these Rules, and determined in accordance with paragraph 54 of these Rules of the volumes of the corresponding type of utility resource used by the contractor during this billing period in the independent production of utility services for heating and (or) hot water supply.

(see text in the previous edition)

(see text in the previous edition)

48. In the absence of a collective (common house) metering device, the amount of payment for utility services (with the exception of utility services for heating) provided for general house needs in an apartment building in the cases established in paragraph 40 of these Rules is determined in accordance with formula 10 of Appendix No. 2 to these Rules. In this case, the volume of communal resources consumed in the maintenance of common property in an apartment building per residential (non-residential) premises is determined in accordance with formula 15 of Appendix No. 2 to these Rules.

(see text in the previous edition)

49. If the household is not equipped with an individual meter for the corresponding type of communal resource, then the consumer, in addition to the payment for the utility service provided in the residential premises calculated in accordance with paragraph 42 of these Rules, pays for the utility service provided to him when using the land plot and located on it outbuildings.

The amount of payment for utility services provided to the consumer when using a land plot and outbuildings located on it is calculated in accordance with formula 22 of Appendix No. 2 to these Rules based on the standards for the consumption of utility services when using the land plot and outbuildings located on it.

The calculation of the amount of payment for utility services provided to the consumer when using the land plot and outbuildings located on it is carried out starting:

from the date specified in the contract containing provisions for the provision of utility services, or in the consumer’s application submitted to the contractor in accordance with subparagraph “k” of paragraph 34 of these Rules, on the start of consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it if the consumer does not have an individual metering device;

from the date specified in the act on identifying the fact that the consumer does not have an individual metering device and on his consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it. Such an act is drawn up by the contractor in the presence of the consumer and at least 2 uninterested persons. The contractor is obliged to indicate the consumer's objections in the act drawn up and does not have the right to prevent the consumer from attracting other uninterested persons to participate in the inspection, information about which, if they are attracted by the consumer, must also be included in the act drawn up by the contractor.

50. The calculation of the amount of payment for utility services provided to a consumer living in a room (rooms) in a residential premises that is a communal apartment (hereinafter referred to as a communal apartment) is carried out in accordance with formulas 7, , , , and Appendix No. 2 to these Rules, and in the case of establishing two-component tariffs for hot water - in accordance with formulas 25 - Appendix No. 2 to these Rules.

(see text in the previous edition)

If a communal apartment is equipped with a common (apartment) electric energy meter and all rooms in the communal apartment are equipped with room electric energy meters, then the amount of payment for the utility service for electricity provided to the consumer in the room in the communal apartment is determined in accordance with formula 9 Appendix No. 2 to these Rules.

If a communal apartment is equipped with a common (apartment) electricity meter and not all rooms in the communal apartment are equipped with room electricity meters, then the calculation of the amount of payment for the utility service for electricity provided to the consumer living in the room (rooms) equipped with a room electrical energy metering device, is carried out based on the readings of the room metering device and the agreement reached between all consumers in a communal apartment on the procedure for determining the volume (quantity) of electrical energy consumed in the premises, which are the common property of the owners of rooms in a communal apartment, and on its distribution among all consumers in a communal apartment.

This agreement must be in writing, signed by the consumers of the communal apartment or their authorized representatives and handed over to the contractor. In this case, the contractor calculates the payment for utility services for electricity provided to consumers in a communal apartment in accordance with the agreement received from them, starting from the month following the month in which such an agreement was transferred to the contractor.

In the absence of the specified agreement, the calculation of fees for utility services for electricity supply is carried out in accordance with formula 7 of Appendix No. 2 to these Rules without taking into account the readings of room electricity meters.

51. The calculation of the amount of payment for utility services provided to consumers in residential premises in corridor, hotel and sectional type dormitories (with the presence of common kitchens, toilets or shower blocks on the floors) is carried out in the manner established for calculating the amount of payment for utility services for consumers living in a communal apartment.

52. The calculation of the amount of payment for utility services provided to consumers in residential premises in apartment-type dormitories is carried out in the manner established for calculating the amount of payment for utility services for consumers living in residential premises in an apartment building.

(see text in the previous edition)

54. In the case of independent provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, calculation of the amount of payment for consumers for such a utility service is provided by the contractor based on the volume of the utility resource (or resources) used during the billing period in the production of the utility service for heating and (or) hot water supply (hereinafter referred to as the utility resource used in production), and the tariff (price) for the utility service used in production communal resource.

(see text in the previous edition)

The volume of a utility resource used in production is determined by the readings of a meter recording the volume of such a utility resource, and in its absence - in proportion to the costs of such a utility resource for the production of thermal energy used for the provision of communal heating services and (or) for the provision of communal services for hot water supply.

(see text in the previous edition)

In this case, the total volume (quantity) of thermal energy produced by the contractor during the billing period, used for the purpose of providing utility services for heating and (or) for the purpose of providing utility services for hot water supply, is determined by the readings of metering devices installed on the equipment used by the contractor a utility service for heating and (or) hot water supply was provided, and in the absence of such metering devices - as the sum of volumes (quantities) of thermal energy used for the purpose of providing a utility service for heating and (or) for the purpose of providing a utility service for hot water supply, determined by the readings of individual and general (apartment) heat energy metering devices with which residential and non-residential premises of consumers are equipped, volumes (quantities) of thermal energy consumption used for the purpose of providing communal heating services and (or) providing public hot water supply services, determined in the manner established by these Rules for consumers whose residential and non-residential premises are not equipped with such metering devices, and the volumes (quantities) of consumption of thermal energy used to provide public services for hot water supply for general house needs, determined on the basis of hot water consumption standards in for the purpose of maintaining common property in an apartment building and standards for the consumption of thermal energy used to heat water for hot water supply. The volume (quantity) of thermal energy consumed during the billing period for the heating needs of an apartment building or residential building is determined taking into account the provisions of paragraph 42(1) of these Rules.

(see text in the previous edition)

When determining the amount of a consumer's payment for a heating utility service (in the absence of a centralized heating supply), the volume of the utility resource used in production is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area of ​​residential or non-residential premises in the apartment building owned (in use) by each consumer home in accordance with formula 18 of Appendix No. 2 to these Rules.

The amount of consumer payment for public services for hot water supply (in the absence of centralized hot water supply) is determined in accordance with formulas 20 and Appendix No. 2 to these Rules as the sum of 2 components:

(see text in the previous edition)

the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water;

the product of the volume (quantity) of a utility resource used to heat cold water for the purpose of providing a utility service for hot water supply, and the tariff (price) for a utility resource. In this case, the volume (quantity) of the communal resource is determined based on the specific consumption of the communal resource used for heating cold water for the purpose of providing public services for hot water supply, in a volume equal to the volume of hot water consumed during the billing period in residential or non-residential premises and for general house use. needs.

(see text in the previous edition)

The payment for utility services for heating and (or) hot water supply, made by the contractor using equipment that is part of the common property of the owners of premises in an apartment building, does not include the costs of maintaining and repairing such equipment. The costs of maintaining and repairing such equipment are subject to inclusion in the fee for the maintenance of residential premises.

(see text in the previous edition)

The amount of the consumer's payment for a heating utility service (in the absence of a centralized heating supply) in the presence in an apartment building of a heat energy metering device installed on equipment that is part of the common property in the apartment building, with the use of which the heating utility service was provided, as well as individual (apartment) metering devices in all residential and non-residential premises of an apartment building is determined for the billing period in proportion to the volume of thermal energy determined in accordance with formula 18(1) of Appendix No. 2 to these Rules, and if the payment method for heating utilities is chosen evenly throughout the calendar year, adjusted once a year in accordance with formula 18(3) of Appendix No. 2 to these Rules.

55. If there is no centralized hot water supply and heating equipment installed in the residential premises is used to meet the need for hot water supply, no payment for the hot water supply utility service is charged.

In this case, the volume of cold water, as well as electricity, gas, thermal energy used to heat cold water, is paid by the consumer as part of the utility fee for cold water supply, electricity supply, gas supply and heat supply.

In the absence of an individual or general (apartment) metering device for cold water, electrical energy, gas and thermal energy used to heat cold water, the volume of consumption of such utility resources is determined based on the standards for the consumption of utility services established for consumers living in residential premises in the absence of centralized hot water supply.

56. If a residential premises that is not equipped with an individual and (or) common (apartment) metering device for hot water, and (or) cold water, and (or) electrical energy is used by temporarily residing consumers, then the amount of payment for the corresponding type of utility service, provided in such a residential premises, is calculated in accordance with these Rules based on the number of consumers permanently residing and temporarily residing in the residential premises. Moreover, for the purpose of calculating fees for the corresponding type of utility service, a consumer is considered to be temporarily residing in a residential premises if he actually resides in this residential premises for more than 5 days in a row.

56(1). If the residential premises are not equipped with an individual or common (apartment) metering device for cold water, hot water, electricity and gas, and the contractor has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of residence, the executor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises. The specified act is signed by the executor and the consumer, and if the consumer refuses to sign the act - by the executor and at least 2 consumers and a member of the council of an apartment building in which a partnership or cooperative has not been created, the chairman of the partnership or cooperative, if the management of the apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has concluded a management agreement with the management organization.

(see text in the previous edition)

This act indicates the date and time of its preparation, the surname, name and patronymic of the owner of the residential premises (permanently residing consumer), address, place of residence, information on the number of temporarily residing consumers, as well as, if it is possible to determine the start date of their residence and subject to When the act is signed by the owner of the residential premises (permanently residing consumer), the start date of their residence is indicated. If the owner of the residential premises (permanently residing consumer) refuses to sign the act or the owner of the residential premises (permanently residing consumer) is absent from the residential premises at the time the act is drawn up, a corresponding note is made in this act. The contractor is obliged to hand over 1 copy of the act to the owner of the residential premises (permanently residing consumer), and if there is a refusal to receive such an act, a note is made.

(see text in the previous edition)

The specified act is sent by the executor to the internal affairs bodies within 3 days from the date of its preparation.

(see text in the previous edition)

56(2). In the absence of citizens permanently or temporarily residing in the residential premises, the volume of utilities is calculated taking into account the number of owners of such premises.

57. The amount of payment for the corresponding type of utility service provided to temporarily residing consumers is calculated by the contractor in proportion to the number of days lived by such consumers and is paid by the permanently residing consumer. Calculation of the amount of payment for the corresponding type of utility service provided to temporary residents stops from the day following the day:

a) commissioning of an individual and (or) general (apartment) metering device for hot water, cold water and (or) electrical energy, designed to account for the consumption of such (such) utility resources in a residential building used by temporarily residing consumers;

B) the end of the period of residence of such consumers in the residential premises, which is indicated in the application of the owner or permanently residing consumer for the use of residential premises by temporarily residing consumers, but not earlier than the date of receipt of such an application by the contractor.

57(1). The date of commencement of residence of temporary residents in residential premises for use in calculating fees for utility services and, if necessary, recalculations for past periods is indicated in the application of the owner (permanently residing consumer) for the use of residential premises by temporarily residing consumers. In the absence of such an application or in the absence in such an application of the date of commencement of residence of temporarily residing persons in the residential premises, such date is considered to be the 1st day of the month of the date of drawing up the act establishing the number of citizens temporarily residing in the residential premises. The said act is drawn up in the manner specified in paragraph 56(1) of these Rules.

(see text in the previous edition)

The application of the owner or permanently residing consumer for the use of residential premises by temporarily residing consumers must indicate the surname, first name and patronymic of the owner or permanently residing consumer, address, place of residence, information on the number of temporarily residing consumers, the start and end dates of such consumers’ residence in living space. Such an application is sent to the contractor by the owner or permanently residing consumer within 3 working days from the date of arrival of temporary residents.

58. The number of consumers temporarily residing in a residential premises is determined on the basis of the application specified in subparagraph “b” of paragraph 57 of these Rules, and (or) on the basis of an act drawn up by the contractor in accordance with paragraph 56(1) of these Rules on establishing the number of citizens temporarily living in residential premises.

(see text in the previous edition)

59. Payment for a utility service provided to a consumer in a residential or non-residential premises for the billing period is determined based on the calculated average monthly consumption of a utility resource by the consumer, determined according to the readings of an individual or general (apartment) meter for a period of at least 6 months (for heating - based on the average monthly volume of consumption during the heating period in cases where, in accordance with paragraph 42(1) of these Rules, when determining the amount of payment for heating, the readings of an individual or general (apartment) meter are used), and if the period of operation of the meter was less than 6 months , - then for the actual period of operation of the meter, but not less than 3 months (for heating - not less than 3 months of the heating period in cases where, in accordance with paragraph 42(1) of these Rules, when determining the amount of payment for heating, the readings of individual or general (apartment) metering device), in the following cases and for the specified billing periods:

(see text in the previous edition)

a) in case of failure or loss of an individual, general (apartment), room metering device previously put into operation or the expiration of its service life, determined by the period of time before the next verification - starting from the date when the specified events occurred, and if the date is set is impossible - then starting from the billing period in which the specified events occurred until the date when the accounting of the utility resource was resumed by putting into operation an individual, general (apartment), room metering device that meets the established requirements, but no more than 3 billing periods in a row for residential premises and no more than 2 billing periods in a row for non-residential premises;

B) in case of failure by the consumer to provide readings of an individual, general (apartment), room meter for the billing period within the time limits established by these Rules, or an agreement containing provisions for the provision of utility services, or a decision of the general meeting of owners of premises in an apartment building - starting from a billing period for which the consumer did not provide meter readings before the billing period (inclusive), for which the consumer provided the meter readings to the contractor, but no more than 3 billing periods in a row;

(see text in the previous edition)

ConsultantPlus: note.

Norm pp. “e” of paragraph 85, mentioned in the paragraph below, corresponds to the norm of paragraphs. "e" of paragraph 85 as amended by Government Decree No. 1498 dated December 26, 2016.

C) in the case specified in subparagraph "d" of paragraph 85 of these Rules - from the date when the executor drew up an act of refusal of access to the metering device, distributors, until the date of the inspection in accordance with subparagraph "e" of paragraph 85 of these Rules Rules, but no more than 3 billing periods in a row.

(see text in the previous edition)

59(1). The payment for the utility service provided for common house needs for the billing period, taking into account the provisions of paragraph 44 of these Rules, as well as the payment for the heating utility service, are determined based on the calculated average monthly consumption of the utility resource, determined according to the readings of the collective (common house) meter for the period not less than 6 months (for heating - based on the average monthly volume of consumption during the heating period), and if the period of operation of the metering device was less than 6 months - then for the actual period of operation of the metering device, but not less than 3 months (for heating - at least 3 months heating period) - starting from the date when the collective (common house) metering device previously put into operation failed or was lost or its service life expired, and if the date cannot be determined - then starting from the billing period in which the specified events occurred, before the date when the accounting of the utility resource was resumed by putting into operation a collective (common house) metering device that meets the established requirements, but no more than 3 billing periods in a row.

(see text in the previous edition)

59(2). If the period of operation of an individual or general (apartment) room metering device (with the exception of an individual or general (apartment) heat energy metering device) was less than 3 months, in the cases specified in paragraph 59 of these Rules, payment for utility services provided to consumers in residential or non-residential premises for the billing period, is determined based on the consumption standards of the relevant utilities.

If the period of operation of an individual or general (apartment) heat energy meter was less than 3 months of the heating period, in the cases specified in paragraph 59 of these Rules, payment for utility heating services provided to consumers in residential or non-residential premises of an apartment building equipped with a collective ( common house) heat energy metering device, is determined in accordance with the provisions of paragraphs three to five of paragraph 42(1) of these Rules.

(see text in the previous edition)

60. Upon expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for a utility service is determined according to the data provided for in the specified paragraph, the payment for a utility service provided to a residential premises is calculated in accordance with paragraph 42 of these Rules in cases , provided for in subparagraphs "a" and "c" of paragraph 59 of these Rules, based on standards for the consumption of utilities using an increasing factor, the value of which is taken equal to 1.5, and in cases provided for in subparagraph "b" of paragraph 59 of these Rules, based on utility consumption standards.

After the expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for in this paragraph, the payment for utility services provided to non-residential premises is calculated in accordance with paragraph 43 of these Rules.

When calculating fees for utility services in accordance with this paragraph, differentiation of tariffs by day zones and other criteria is not applied.

(see text in the previous edition)

60(1). After the expiration of the maximum number of billing periods specified in paragraph 59(1) of these Rules, for which the payment for utilities provided for general house needs and the payment for utility services for heating are determined according to the data provided for in the specified paragraph, if the owners of premises in an apartment building the house did not ensure, in the established manner, the restoration of the working capacity of a failed or replacement of a collective (common house) metering device that was previously lost and put into operation, as well as the replacement of such a metering device after the expiration of its service life, the payment for utilities for the billing period is calculated:

for utility services provided for general house needs, with the exception of utility services for heating, - in the manner specified in paragraph 48 of these Rules;

(see text in the previous edition)

If the consumer is denied access to the residential and (or) non-residential premises of the contractor 2 or more times to check the condition of installed and put into operation individual, common (apartment) metering devices, checking the accuracy of the information provided about the readings of such metering devices and subject to the execution of an act by the contractor on refusal of access to a metering device, the readings of such a metering device provided by the consumer are not taken into account when calculating the payment for utility services until the date of signing the inspection report. If the consumer does not provide access to the residential premises he occupies, home ownership to the contractor after the expiration of the maximum number of billing periods specified in subparagraph "c" of paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for in the specified paragraph, the amount of payment for utility services is calculated taking into account the increasing coefficients in accordance with the formulas given in Appendix No. 2 to these Rules for calculating the amount of payment for utility services of cold water supply, hot water supply, electricity supply, providing for the use of increasing coefficients, starting from the billing period following the billing period specified in subparagraph "c "Clause 59 of these Rules, before the date of drawing up the inspection report.

(see text in the previous edition)

(see text in the previous edition)

(see text in the previous edition)

61. If, during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the inspected metering device, distributors and the volume of utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services and send the consumer, within the time limits established for payment of utilities for the billing period in which the contractor carried out an inspection, a requirement to make an additional charge for the utilities provided to the consumer, or a notification of the amount of the utility fee overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.

(see text in the previous edition)

The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.

In this case, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the identified difference in readings is considered to be consumed by the consumer during the billing period in which the check was carried out by the contractor.

62. If a connection (hereinafter referred to as unauthorized connection) of the consumer’s intra-apartment equipment to the in-house engineering systems is detected in violation of the established procedure, the contractor is obliged to draw up an act on identifying the unauthorized connection in the manner established by these Rules.

Based on the act of identifying an unauthorized connection, the contractor sends a notice to the consumer about the need to eliminate the unauthorized connection and makes additional charges for utility services for the consumer in whose interests such a connection was made for utilities consumed without proper accounting.

In this case, additional charges should be made based on the volume of the utility resource, calculated as the product of the capacity of the unauthorized connected equipment (for water supply and sewerage - according to the throughput of the pipe) and its round-the-clock operation for the period starting from the date of the unauthorized connection specified in the act on identification of an unauthorized connection made by the contractor with the involvement of the relevant resource supply organization, and if it is impossible to determine the date of the unauthorized connection - from the date of the previous inspection by the contractor, but not more than 3 months preceding the month in which such a connection was identified, until the date of elimination by the contractor such unauthorized connection. If it is impossible to determine the power of unauthorized connected equipment, additional charges are calculated based on the volume determined on the basis of the consumption standard for the corresponding utilities with the application of an increasing factor of 10 to such volume. Moreover, in the absence of citizens permanently or temporarily residing in the residential premises, the volume of utilities in in these cases is calculated taking into account the number of owners of such premises.

The verification of the fact of unauthorized connection of a consumer in a non-residential premises is carried out by the contractor in the manner prescribed by these Rules, if the resource-consuming equipment of such a consumer is connected to intra-house utility networks, and by an organization authorized to carry out these actions by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, if such connection is made to centralized networks of engineering and technical support before entering an apartment building and the consumption of a utility resource in such a non-residential premises is not recorded by a collective (common building) metering device.

The volume of utility resources consumed in non-residential premises in the event of an unauthorized connection is determined by the resource supplying organization using calculation methods provided for by the legislation of the Russian Federation on water supply and sanitation, electricity supply, heat supply, gas supply for cases of unauthorized connection.

(see text in the previous edition)

63. Consumers are required to pay utility bills on time.

Payments for utility services are paid by consumers to the contractor or a payment agent or bank payment agent acting on his behalf.

64. Consumers have the right, in the presence of an agreement containing provisions on the provision of utility services, concluded with the contractor represented by a management organization, partnership or cooperative, to pay for utility services directly to the resource supplying organization that sells the utility resource to the contractor, or through payment processors specified by such resource supplying organization agents or bank paying agents in the case when the decision to switch to this method of payment and the date of transition was made by the general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the contractor is obliged to provide the resource supplying organization with information about the decision made no later than 5 working days from the date of adoption of this decision.

a) pay for utilities in cash, in non-cash form using accounts opened, including for these purposes, in banks chosen by him or by transferring funds without opening a bank account, postal orders, bank cards, via the Internet and in other forms, provided for by the legislation of the Russian Federation, with the mandatory preservation of documents confirming payment for at least 3 years from the date of payment;

b) instruct other persons to pay for utility services instead of them by any means that do not contradict the requirements of the legislation of the Russian Federation and the agreement containing provisions on the provision of utility services;

c) pay for utility services for the last billing period in installments, without violating the deadline for payment of utility fees established by these Rules;

D) make advance payments for utilities against future billing periods.

66. Payment for utility services is paid monthly, before the 10th day of the month following the expired billing period for which payment is made, if the management agreement for an apartment building or the decision of the general meeting of members of the homeowners association or cooperative (when providing utility services by the partnership or cooperative ), no other deadline for payment of utility bills has been established.

(see text in the previous edition)

67. Payment for utility services is made on the basis of payment documents presented to consumers by the contractor no later than the 1st day of the month following the expired billing period for which payment is made, if the management agreement for an apartment building or the decision of the general meeting of members of the homeowners association or cooperative ( when providing utility services by a partnership or cooperative), no other deadline for the submission of payment documents is established.

b) the name of the contractor (indicating the name of the legal entity or the last name, first name and patronymic of an individual entrepreneur), his bank account number and bank details, address (location), contact telephone numbers, fax numbers and (if available) email addresses, address performer's website on the Internet;

c) an indication of the paid month, the name of each type of paid utility service, the size of tariffs (prices) for each type of corresponding utility resource, units of measurement of volumes (quantities) of utility resources (when using hot water tariffs in payments for utility services for hot water supply, consisting of a component for cold water used to provide public services for hot water supply, and a component for thermal energy used to heat water for the purpose of providing public services for hot water supply - the value of each component, units of measurement of the volume (quantity) of hot water and thermal energy in natural quantities);

(see text in the previous edition)

72. If the amount of payment for a utility service provided to a consumer in a residential premises, calculated to a consumer in accordance with the requirements of this section, in any billing period exceeds by more than 25 percent the amount of payment for a utility service accrued for the same billing period last year, then the contractor is obliged to provide the consumer with the opportunity to pay for such a utility service in installments under the conditions specified in this paragraph.

Providing this opportunity is carried out by including in the payment document provided by the contractor to the consumer, along with the position providing for the payment of a payment for a utility service for the billing period in a lump sum, positions providing for the possibility of the consumer paying a payment in installments in the amount of one twelfth of the amount of payment for a utility service for the expired ( expired) the billing period in which the specified excess occurred, and the amount of interest for using the installment plan, which must be paid by the consumer when paying for utility services using this payment document.

When calculating the amount of excess payment for utility services, the amount of excess that arose as a result of an increase in the number of permanently and temporarily living consumers in a residential area is not taken into account.

The installment plan is provided on the terms of paying utility bills in equal installments for 12 months, including the month from which the installment plan is provided, and charging interest for the installment plan provided, the amount of which cannot be higher than the refinancing rate of the Central Bank of the Russian Federation increased by 3 percent Federation valid on the day the installment plan is granted. Interest for the provided installment plan is not accrued or accrued in a smaller amount if, at the expense of budget funds (budgets) of various levels of the budget system of the Russian Federation, the contractor is provided with compensation (reimbursement) for funds not received in the form of interest for the provision of installment plans.

73. The consumer who has received from the contractor the payment document specified in paragraph 72 of these Rules has the right to pay the payment on the terms of the provided installment plan or refuse to pay the payment in installments and pay the payment in a lump sum or use the provided installment plan, but then pay the rest of the payment ahead of schedule at any time within the established installment period, in this case the contractor’s consent to early payment of the balance of the payment is not required.

74. The contractor who has provided an installment plan to a consumer who has taken advantage of such an installment plan has the right to notify the resource supply organization with which the contractor has entered into an agreement on the purchase of the corresponding type of communal resource in order to provide utility services in writing, accompanied by supporting documents. Such a resource supplying organization is obliged to provide the contractor with a similar installment plan on the same conditions that the contractor provided to the consumer. Interest for the provided installment plan is not accrued or accrued in a smaller amount if, at the expense of the budget (budgets) of various levels of the budget system of the Russian Federation, the resource supplying organization is provided with appropriate compensation (reimbursement) for the funds not received in the form of interest for the provision of the installment plan. Part 2 of Article 8 of the Federal Law of December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation”).

76. If the consumer is provided with a benefit in the form of a discount on utility bills in accordance with the established procedure, the amount of payment for utility services is reduced by the amount of the discount. This discount applies to payments for utility services provided to the consumer in residential premises and for general house needs in an apartment building and in residential premises in a household.

(see text in the previous edition)

77. If a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for the costs of paying for utilities or a subsidy for paying for housing and utilities, or in respect of whom other measures of social support in cash are applied, the amount of payment for utilities is not reduced subject to and paid in full. The specified social support measures apply to payments for utility services provided to the consumer in residential premises and for general house needs in an apartment building and in residential premises in a household.

Open the full text of the document

The standard situation is non-payment of housing and communal services by one of the shared owners of residential premises.

For example, one of the homeowners (let's call him A.) owns 1/3 of the share in the right to an apartment, the other two have 2/3 of the share (1/3 each).

A. pays the bills for housing and communal services issued by the management company; other owners do not participate in the payment of housing and communal services.

What should A., who does not want to pay for other co-owners, do in such a situation?

You can, of course, pay only “for yourself”, i.e. in proportion to their share in the right to housing. However, in this case, due to non-payers, a total “rent” debt will accumulate on the financial-personal account. And without a “personal account division,” a bona fide owner bears the risks of negative consequences in the form of attempts by the management company or utility providers to limit or suspend the provision of a utility service, for example, in the form of “switching off” hot water (hot water utility service). The procedure for limiting and suspending the provision of utility services is regulated by Resolution of the Government of the Russian Federation dated May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (clauses 117, 118 of the Resolution).

• Payment for housing and utilities by shared apartment owners
• Collection of debt for housing and utilities from tenants under a social tenancy agreement
• Payment of housing and communal services for a minor child
• and other publications in the review: Debt collection for housing and communal services(rent). Arbitrage practice

Requirement to divide a personal account

To begin with, it should be noted that “personal account section” is an incorrect concept. However, it is firmly rooted in the minds of citizens and is used both in speech and in writing. But the account cannot be “split”, the account can be opened.

Thus, citizens go to court with claims called “for the obligation to divide the personal account for payment of housing and communal services.”

However, this name of the claim does not prevent the courts from correctly resolving disputes, because from the content of the statement of claim it follows that the plaintiff is actually asking to determine the procedure for incurring expenses for housing and communal services, i.e. The will of the plaintiff and the focus of his claim is obvious on forcing the management organization to issue separate invoices to the co-owners for payment of housing and communal services.

• For more information on joint property of spouses