The legal topic is very complex, but in this article we will try to answer the question “Paying for gas without a meter in an apartment in 2020, no one is registered in Moscow.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
The gas service specialist who installed it said during the installation that from today the payment will be according to the meter and after 2 weeks you need to submit documents to the gas service to register it. The gas service says that if the meter had been installed on the 1st, then the payment for March would have been according to the meter readings, but otherwise you pay 900 rubles for 5 registered ones. And for April you will pay according to the indications already submitted, including those that came in for March.
The law adopted in the final, third reading provides that owners of apartment buildings at a general meeting can decide to enter into direct contracts with resource supply organizations (RSO) for the supply of cold and hot water supply, sewerage, heating, and garbage removal.
What is the required rent if no one is registered in the apartment?
Every year brings us some changes and transformations, the main task of which is to change life for the better. And it is the new law on housing and communal services in 2020 that is aimed at achieving these goals and objectives.
A single payment document (UPD) is a receipt received by owners of residential and non-residential premises, as well as tenants of residential premises under a social tenancy agreement. It includes bills for most (but not all) utilities and other services.
How to pay utility bills
- online on the official website of the Moscow Mayor mos.ru:
- for owners of residential premises;
- for owners of non-residential premises. Using the service, you can also get detailed information for both utilities and major repairs. Online payment is not available for legal entities and individual entrepreneurs;
- online through the Moscow State Services application. In the “Services” section, you need to select “Accruals for housing and communal services” and enter data about the apartment: address, apartment number, payer code.
- by scanning the QR code. Since February 2020, a QR code has been applied to a single payment document - a two-dimensional barcode with which you can pay for EPD in bank mobile applications and terminals with a QR code scanning function, without entering data manually;
- in person at bank branches, Russian Post, as well as using ATMs and payment terminals.
How to pay for EPD?
- on mos.ru using a 10-digit personal account number (indicated on your receipt);
- using a mobile phone and a bank card. Link your card on the Mosenergosbyt website. Send a message to number 9009: PAY (space) MES (space) XXXXXXXXXX (space) MMYY (space) payment amount in rubles. Immediately after sending the SMS message, you will receive a notification from the sender “VBRR” with your personal account number, masked bank card number and payment amount. This message must be sent without modification to number 9009. After funds are debited from your bank card account, you will receive a notification with confirmation of payment;
- in your personal account on the Mosenergosbyt website;
- according to a bank receipt. You can generate a receipt in your personal account on the Mosenergosbyt website (tab “Account Status”) or print a blank form;
- using QIWI, Eleksnet or CyberPlat terminals. In the terminal menu, select “Housing and Utilities” or “Utilities”, then select the “Mosenergosbyt” tab, where you can indicate your personal account number and payment amount. Payment will be credited within five days.
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Issues related to the regulation of rent charges, as well as the conclusion of contracts for subscription fees, are disclosed in Government Resolution No. 354. In addition, it is worth paying attention to Article 157 of the Housing Code of the Russian Federation. It states that payment for utilities must be made and calculated based on the volume of their consumption, which can be found out from the indicators of individual meters.
The gas fee depends on the number of registered
After this, corrected invoices will be sent to this address. According to the regulations, rents are required to be reduced. However, for this to continue, a similar procedure will need to be repeated every 6 months.
How does the number of people affect the fee?
When housing is in social rent, the responsible tenant registered there is obliged to pay all utilities. Other persons registered there are not required to pay unless there is a separation of bills and an agreement on separate payment of utility bills is not concluded.
The specified list of payments is made after each month throughout the year. At the same time, payment for the maintenance of the house and major repairs is carried out in accordance with the area of the apartment, and there is no dependence on how many citizens live in the specified territory and how many owners of this housing.
And if the owner and (or) his spouse, his children are not registered at the place of residence in this apartment, then payments for heating and electricity must be paid at tariffs that ensure full reimbursement of economically justified costs, despite the presence of registered at the place of residence of other citizens. Family members also include siblings, grandparents and grandchildren living together with the owner, tenant of the residential premises and leading a common household with him.
Payment for housing and communal services if no one is registered in the apartment in 2020: how to pay
Invoices for garbage removal at the location of the apartment in which no one lives or is registered will be sent automatically. It is not possible to cancel these accruals upon application. This can only be done by proving that this service is paid for by the citizen in another place, that is, at the place of actual registration.
Rent debts are collected in court, and jointly and severally from all residents registered in the apartment. But it should be taken into account that each payment has its own statute of limitations: 3 years from the date on which its payment became due.
Having proven their permanent residence at another address, they are completely exempt from rent at the place of registration. This practice was confirmed by the Supreme Court of the Russian Federation: former members of the owner’s family who have left and are permanently residing elsewhere are not required to pay utility bills at their previous place of residence.
Added additional debt for old years
- all utilities that are charged according to meter readings (water and sewerage, electricity, gas). If there are no meters, but the technical ability to install them is available, alas, it will not be possible to get rid of paying for utilities,
- garbage removal - if the region has a calculation system based on the number of registered residents,
- maintenance and repair of housing, as well as major repairs - these costs are borne only by the owner of the residential premises.
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Information about the number of residents, and in their absence, the owners of the residential premises, is reflected in the gas payment receipt. For owners of residential premises in which no one is registered or permanently residing, but gas equipment is operated periodically, it is advisable to install gas meters for reliable gas metering.
Expansion of the apartment due to the common property of the house
The citizen made a thorough renovation in her apartment - she added a second floor using the attic space.
Moreover, she asked the consent of 2/3 of the owners of apartments in the building, documenting everything, as expected, with the minutes of the general meeting.
However, the court did not approve such a reconstruction of housing, pointing out that in this case there was an increase in the living space of a separate apartment at the expense of common property, which included the attic.
Therefore, to carry out repairs, it was necessary to obtain the consent of not 2/3, but of all owners of the premises located in the house (both residential and non-residential).
This rule applies to all cases when the living space of an apartment is expanded due to common property: vestibule, landing, attic, basement, land plot, etc.
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Adding a balcony on the ground floor or expanding an existing balcony also requires 100% consent of the remaining owners, because there is a “capture” of common property and a reduction in its area as a result.
How to pay for gas without a meter in an apartment
For example, if the only gas appliance in the apartment is a stove, the cost per person will be 9,850 rubles per month (this is 2,380 rubles more than before). COUNTING "KP" Let's take a family of three people who have a gas stove in their apartment.
How not to pay for gas if no one lives in the apartment
They use an average of 8 cubic meters per month. If a family installed a meter, then they will pay approximately 9.9 thousand for their cubes. But if the meter is not installed, then you will have to pay at a fixed rate: now it is 9,850 rubles for each person registered in the apartment.
Let us remind you that there are many “garden partnerships” near Minsk, where there are no gardens, but there are cottages with an area of 200-300 square meters, with sewerage, water, gas, and electricity. According to experts, benefits for such cottages will also be canceled over time.
The heat consumption of a cottage depends, of course, on the number of floors, wall materials, insulation, windows, and so on. But if we take into account a one-story house with an area of about 100 square meters, then during the heating period - from September to April - it will consume about 1.6 thousand cubic meters of gas. If a house where one person is registered has a gas boiler and (or) a gas water heater, gas will cost 931 thousand rubles. For the owners of a house in which no one is registered, the same number of cubes will cost 3 million 779 thousand rubles.
What the new tariffs look like
“After receiving the technical conditions, we sign a contract for the construction site of the house,” explains Viktor Viktorovich Zhitkevich, head of the energy sales department of the State Production Association Belenergo. — When construction is completed, this contract is closed, and a new one is concluded - for the energy supply of a residential building. That is, within the framework of construction, this is a construction project, and such houses are paid at the rates “for other non-industrial enterprises.” They are slightly lower than 100 percent.
The rent definitely depends on the number of registered people. In addition to rent, heating services are worth considering. If one citizen is registered in the premises, then he will receive a bill for a single person. If two, three, four, five are registered, then the amount of rent that was billed earlier will need to be multiplied by 2, 3, 4, 5, respectively. This applies to the following areas of utility services:
Unauthorized conversion of the water supply system
The pipeline through which water enters the apartments is, of course, common property.
A certain citizen made a radical redevelopment in his apartment by moving the common cold and hot water supply to another room. As a result, water pressure dropped significantly throughout the house.
The court found that the interference with the work of common property was carried out without the consent of the owners of other apartments, and ordered the pipes to be restored to their original condition.
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Moreover, the consent of not only the owners of neighboring apartments is required, but not less than 2/3 of the votes of all owners of premises in the house in favor of the reconstruction of common property.
Does the rent depend on the number of registered people?
Based on the above, it follows that the greater the number of people registered in the living space, the higher the monthly payment for utilities will be. It does not matter whether the registered persons have temporary registration or are permanently tied to the home. While their registration is current, the owner will receive bills with rent separately for all areas of services with the exception of a number of receipts (in the case of installed meters).
Normative base
In the case of personal metering devices, payment for utilities is carried out in accordance with their indicators. It is recommended to remove them from the 15th to the 25th monthly. Devices must be checked every six months. Residents are notified in advance of future visits from utility service representatives to inspect them.
Living in comfortable housing, enjoying the benefits of civilization, a person is obliged to pay for the resources consumed in accordance with established tariffs and standards. As soon as a person moves, payments must be made to the new place of residence. Payment for housing and communal services, if no one is registered in the apartment, will be required in any case, but they can be reduced to a minimum.
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How is rent calculated if no one is registered in the apartment in 2020?
When people are registered in an apartment, all residents share responsibility for timely payment. If the apartment is empty, the owners make mandatory payments, since they are responsible for paying for housing and communal services.
Rules of law
Each region may establish special conditions for calculating payments for housing and utility services. The process of settlement and adjustment begins with a visit to the management company, and if an agreement on direct cooperation with the resource supplier is signed, a statement of recalculation is written at the office of the company responsible for supplying the resource.
If a citizen is entitled to a particular benefit, he must notify the utility service provider by submitting a written application. The application is considered within a period not exceeding ten days. If the utility company gives a positive response, the benefits will apply from the next month.
There is a rule for gas that allows the tariff to be increased no more than twice a year. The specific season and date of such an increase is determined by issuing a corresponding resolution by the Government of the Russian Federation.
By meter
- 4700 rub. per 1000 cubic meters of gas, provided that the heated area does not exceed the established standards;
- 5800 rub. for 1000 cubic meters if the heated room is non-residential.
- 5600 rub. per 1000 cubic meters of fuel, if the heated area of the premises exceeds the established standards;
How can you avoid paying for the services provided when you plan to be away from your apartment for a long time? The meters can be sealed. You absolutely cannot do this on your own. This should be done by a specialist who will come to the site after the owner writes a corresponding application to the housing company.
Apartment in a new building
Registration of ownership of an apartment takes place in Rosreestr. To do this, you need a transfer and acceptance certificate signed by the developer and a technical plan for the apartment. Depending on the situation, sometimes you need to draw up a technical plan yourself. It can be ordered from Rosreestr or from a specialist.
It is important to understand from what moment, and on what basis, utility companies will make charges in the name of the new owner. The legislation regulates this issue with the help of clause 6, part 2, article 153 of the Housing Code of the Russian Federation, which obliges to make accruals after receiving a deed or other document confirming ownership. Major repairs can only be charged 8 months after the building is put into operation, Article 169 of the Housing Code of the Russian Federation.
When a person purchases housing in a new building, he should be aware of how to arrange utility payments after the purchase. In this regard, it is more difficult for owners of new buildings than for participants in other markets. They have to do everything on their own and for the first time.
List of actions for a new tenant:
- conclusion of an agreement with the management organization (management organization);
- creating a personal account;
- concluding agreements with resource suppliers;
- registration
In accordance with Part 6.2. Article 155 of the Housing Code of the Russian Federation, the management organization is appointed by the local government after a tender. The terms of the agreement and the name of the organization are communicated to the newly-minted owners within 10 days after the end of the competition, in accordance with Part 13 of Article 161 of the Housing Code of the Russian Federation.
A personal account is a concept from the accounting field and implies an account formed for settlements between a company and an individual. In this context, a personal account is created for an apartment. To complete it, you must write an application to the management organization, in which a request to open an account is announced. The application will be accepted if there is a passport of the owner of the premises and an acceptance certificate.
Russian Government Decree No. 442, paragraph 71 obliges individuals to enter into an agreement with an electricity supplier independently. The actual conclusion of the contract is not a written agreement, but the beginning of the supply of electricity to the apartment. Receipts become tangible proof of the start of the interaction. In this case, the management organization undertakes to report information about the user to the power supply company independently, guided by paragraphs 72 and 73 of the above resolution.
If the use of gas is allowed in a new building, an agreement must be concluded with the appropriate organization in the name of the owner.
The communication service provider is determined by the developer at the construction stage. All necessary information must be provided at the sales office of the construction company. If you wish, you can change the operator; this right is regulated by law in Government Decree No. 1342, paragraphs 15, 16, 17, 18 and 57, 58, 59.
Registration in a new building is not required. Often such properties are purchased as an investment and are subsequently used for rental purposes. Utility bills will be charged in this case anyway. Since many of them are not calculated based on the number of registered people.
