Separation of a personal account for payment of housing and communal services: grounds, necessary documents

Many people living in the same territory have too bad relationships, so they need to separate their personal account. This makes it possible for each citizen to pay separately from other residents. This process can be carried out peacefully or through the courts.

Need to pay utility bills

Each dwelling has a separate personal account for paying utility bills. It is on it that the accrual of payments for utility services takes place.

Utility bills are represented by monthly costs incurred by the owners or tenants of a dwelling for the use of various services represented by electricity, running water, and so on. Payment of housing and communal services on a personal account occurs even if no one lives in the premises.

In the absence of payment in the apartment, services will be disabled.

Where can you split bills?

Separation of a personal account can be carried out in almost any residential area, but there are some exceptions. These include:

• The apartment is a service apartment, so a certain state or commercial structure acts as its owner.
• Residential real estate has only one owner, so there is simply no need for division.
• There is an encumbrance on housing imposed by bailiffs.

In all other situations, the division of the personal account is allowed. The procedure is carried out peacefully through the Criminal Code, and if the residents cannot come to a consensus, then you will have to use the help of the court.

Legislative regulation

The Civil Code lists all the rules on the basis of which utility bills are paid on personal accounts. Art. 249 of the Civil Code indicates that utilities should be paid on the basis of the shared ownership that each person has in a residential building.

For example, if one citizen has only 20% of real estate, and the second has 80%, then this indicator is taken into account when separating accounts. This rule is fundamental, and it does not take into account how many utilities are consumed by a particular tenant.

In Art. 153, 155 and 157 of the LCD contain data on the rules for paying for electricity on a personal account, as well as how money is paid for other services.

Reasons for separation

There are many reasons for separating personal accounts. Most often, this procedure is associated with the following reasons:

• One of the owners lives in another property, so he does not want to overpay for housing and communal services, since people who constantly use communications live in the apartment.
• People who are former spouses, even after the dissolution of the official marriage, continue to live in the same apartment, so they want to pay receipts separately.
• A citizen receives a share in housing by inheritance, and at the same time is forced to live in an object with other persons who do not have family ties or good relations with him.
• The owner leases his share to third parties.
• One of the owners refuses to contribute any amount to pay for the services.
• There are too strong disagreements between people who are co-owners of the same property, so they cannot come to a compromise when paying utility bills through one receipt.

As soon as the separation is carried out, each owner will pay for services only for his share in housing. At the same time, he will not be responsible for the debts that appear with other property owners.

The nuances of splitting an account between co-owners

Before you divide your personal account, you should decide what kind of apartment you have. It can be municipal or privatized. Additionally, it takes into account how many co-owners there are.

The procedure for dividing a personal account is carried out peacefully, for which citizens apply to the Criminal Code that manages their house, and if people cannot come to a consensus or one of the owners refuses to draw up an application, then a lawsuit is filed in court.

How to separate personal accounts in a shared apartment in a peaceful way? For this, a special application is drawn up in the Criminal Code, to which additional papers are attached, depending on the existing form of ownership. Then you need to wait for a decision within 30 days. After that, each object owner will receive their own separate receipt.

Nuances for privatized housing

If the apartment is owned by citizens, then they can easily split the bills if all co-owners agree to this process. To do this, an application is sent to the Criminal Code. In addition to this document, copies of registration certificates available to all citizens are attached.

An application for the division of a personal account is considered within one month. Usually a positive decision is always made, so then each co-owner receives a separate receipt.

Specificity for a non-privatized object

Often, separation of personal accounts in a municipal apartment is required. This process has some nuances, since the property belongs to the state, and the tenants use it on the basis of a social lease agreement. Citizens are not full-fledged owners of the apartment, therefore, the division of accounts is allowed only if several conditions are met:

• The rooms located in the object are impassable. Therefore, if there is at least one room through which people gain access to, then the process will be denied.
• The citizen submitting the application lives in a room that is equal to his share.
• The kitchen has an area exceeding 6 square meters. m.

Only if all the above conditions are met, you can apply for division. In addition, consent to this process is required from all tenants. Next, an application is made to the Criminal Code, to which other documentation is attached:

• a copy of the order or contract of social rent;
• copies of the passports of all residents in the apartment, officially registered in this property;
• extract from BTI;
• technical plan, which can be obtained at the BTI.

The application and all other documents are considered within 30 days, but the process may take a little longer, since the employees of the Criminal Code will additionally have to obtain permission for the procedure from the municipality that owns this property.

Rules for applying to the Criminal Code

If each tenant in real estate wants to pay for housing and communal services separately, then the separation process is considered simple, since this does not have to go to court. The procedure is carried out through the UK. For this, all necessary conditions must be satisfied.

How to split an account? To do this, the correct application is initially prepared. It includes data:

• the exact address, area and other technical parameters of the apartment;
• all citizens living in this property are registered;
• their passport details are given;
• the direct text indicates a request to divide personal accounts based on the number of residents, which will allow each citizen to receive a separate receipt;
• it is prescribed that all citizens living in the same territory agree with this process;
• it is necessary to specify how many tenants are specified in the social tenancy agreement.

If false information is written in the text, then this is the basis for refusing to divide.

What documents are needed to separate a personal account?

Other documentation shall be attached to a properly drawn up application. Its quantity depends on the rules of operation of a particular management company. But it is usually necessary to attach copies of the following documents:

• Certificate of ownership, which is now replaced by an extract from the USRN containing information about all co-owners of the object.
• Order or contract of social rent, if the housing is municipal.
• Passports of all citizens living in the same territory.
• Technical papers for the object, represented by a technical passport and a plan, and these documents can be obtained directly from the BTI.

By law, such applications are considered within one month. If there are no grounds for refusal, then from next month each citizen living in this facility will receive a separate receipt. If the Criminal Code refuses to implement the process, then it will have to be carried out through the court.

Rules for going to court

Many people living in the same real estate with citizens with whom they do not have good relations or family ties think about paying for electricity using a personal account created specifically for them. But often other residents of the object refuse to voluntarily perform the separation. In this case, the only solution to the problem is filing a lawsuit.

You will also have to go to court in a situation where the Criminal Code, for various reasons, refuses to voluntarily separate. The features of the involvement of the judiciary include:

• The plaintiff can only be a co-owner or a tenant in a non-privatized apartment.
• The list of documents attached to the claim depends on the form of ownership, since housing can be municipal or privatized.
• The documentation is transferred to the Magistrate's Court at the location of the object.

Such cases are considered quite quickly, and most often the court makes a positive decision if it is clear that there are hostile relations between people or evidence is found that one tenant simply refuses to pay utility bills, so this process is carried out for him by other citizens.

Claim rules

The most difficult is to correctly draw up a claim, which includes the following information:

• the header indicates the name of the court where this application is sent;
• information about the plaintiff, provided by full name, place of registration, contact information and information from the passport, is prescribed;
• provides data on all defendants who do not want to deal with the division of the personal account;
• the address of the apartment where separation is required is written directly in the text;
• the reasons for performing this procedure are listed, for example, the absence of one of the registered persons in the facility for a long time, refusal to pay utility bills or the absence of family ties between residents;
• it is advisable to leave references to Art. 155 and 156 LCD;
• at the end, a request is made to perform the division.

The claim structure is simple and clear. Particularly much attention is paid to the reasons for the separation, since they really must be weighty.

What documents are attached to the claim?

When separating a personal account in a communal apartment or privatized housing, it is important to prepare additional documentation for the court. Papers include:

• a copy of the claimant's passport;
• title papers for real estate;
• an extract from the house book containing information about who exactly lives in the property;
• a copy of the technical plan requested from the BTI;
• account statement;
• duties;
• it is additionally desirable to take the testimony of witnesses if the reason for the separation is the prolonged absence of other residents in the premises.

The court may also require other documents confirming certain facts stated in the application. Then, within 10 days, a meeting is scheduled, where all the data relevant to the case are considered. After a positive decision is made, the defendants can appeal it. The decision is then sent to the Criminal Code, after which citizens receive separate receipts.

Conclusion

Separation of personal accounts on the basis of which utility bills are paid may be required for various reasons. Most often this is due to conflicts occurring between residents.

The procedure can be carried out through the Criminal Code or the court. If the tenants peacefully refuse to implement the process, then a statement of claim is drawn up for the forced division of the account.