Article 155 of the Housing Code of the Russian Federation - payment for residential premises and utilities

The housing and communal services sector has become one of the most dynamically developing sectors of the economy. It involves various organizations and institutions that provide public services to citizens. They, in turn, pay for the services by paying rent for the use of living space with all amenities

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Utility tariffs According to the provisions of Article 15 of the Housing Code of the Russian Federation, a residential premises is considered an isolated premises
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It is real estate suitable for permanent residence of citizens
. Housing must meet established sanitary and technical rules, standards and other requirements established by the legislator.

What area of ​​the apartment is used when calculating utilities?

For example, a certificate for a large family. The list of required documents to receive a subsidy is posted on the public services portal, the official website of the Federal Social Protection Service. Each application is considered individually, taking into account specific circumstances

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In some cases, the district SZN department may require additional documents depending on the circumstances. Foreigners permanently residing in the country must submit a document to receive a housing subsidy.

The norm is valid subject to the existence of an international agreement between the Russian state and the country from which he came. Emerging nuances Residential premises are transferred to citizens based on specific conditions

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They influence the structure of payments. The payment receipt contains various items intended for the tenant of council housing and the freeholder.

From what area is rent calculated?

Attention

Which document is the main one for calculating rent?

• Quote

Hello, dear forum users! Tell me which document is the main one for accrual according to a certain quadrature: 1) certificate of state registration. reg. rights, 2) tech. passport. The question arose due to the fact that: in the St. Reg.

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The right may indicate the total area with a balcony (with a reduction factor)
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Important

According to clause 5 of Article 15 of the Housing Code of the Russian Federation, the total area is understood as the sum of the areas of the premises with the exception of balconies, loggias, ...

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That is, taking into account the quadrature indicated in the state certificate
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reg. rights we charge (maintenance, heating) for an unheated balcony.

What difficulties may arise

In the payment slip for payment of housing and communal services for a municipal-type apartment there is such a line as payment for rent of living space.

The law presets the deadline for transferring payments for utility bills, according to which Russians are required to pay them before the 10th day of each month.

In this case, the payment is realized on the basis of payment documentation - receipts issued by the Housing Office.

Such payments are sent to residents no later than the 1st day of the current month. Still, the deadlines can be adjusted in accordance with the terms of the agreement signed with the housing and communal services management office. This standard is specified in Art. No. 153 of the Russian residential complex.

The housing maintenance organization bears full legal responsibility for the provision of housing services of inadequate quality.

In particular, she undertakes to recalculate the payment, taking into account the mistakes made.

Residents have the right to challenge prices for housing and communal services through legal proceedings, provided that legal violations were committed through the fault of the housing office.

Whether electricity can be turned off for non-payment of rent, see the article: can lights be turned off for non-payment of rent.

Video: Does UZhK correctly calculate rent based on the total area of ​​the apartment?

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What total area should be indicated on payment receipts?

What is included in the payment The user must pay for the services: For the delivery of cold and hot water to the residential premises Heating of the residential premises in the cold season For the supply of electrical energy to the residential premises during the entire period of operation, the Legislator has established special tariffs that are payable for the services provided to residents. They are established in accordance with the instructions of the order of the Federal Tariff Service

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Info

The act was issued on October 11, 2014 under the number 228-e/4. It noted the establishment of limit indices for the maximum possible change in force in the field of water supply and sanitation

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The provisions of another order establish maximum maximum tariffs for thermal energy supplied by heat supply organizations. All tariffs have an average value for individual regions of the country.

What area is rent charged for in 2020?

Or at the expense of tenants of apartments occupied under a social tenancy agreement or under a rental agreement for housing belonging to the state or municipal housing stock. In other, very simple words, the costs of maintaining and repairing balconies and loggias are not included in the amount of the maintenance fee. If necessary, citizens repair them at their own expense. Thus, payments for heating the balcony and its maintenance were collected from you illegally.

You have the right to demand a recalculation for the entire period of incorrect accrual of payments, but within the limitation period, which is three years. Pay for reply Continue dialogue WITH RESPECT, Thank you for your reply!

• Well, where do you put a tick for the answer if you don’t live in Russia? It seems that the Russian language is known...
  

  Pay for response Continue dialogue Gratitude - top up your phone balance..

Vi. procedure for calculating and paying utility bills

Thus, the balcony and loggia are not included in the heated area of ​​the living space, but, for example, the bathroom and toilet are. We've sorted out the utilities, let's move on to housing - SoderRemZhil

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Article 154 of the Housing Code of the Russian Federation determines that payment for residential premises includes tariffs for its maintenance and repair, including services and work on the maintenance and repair of common property in apartment buildings. However, in accordance with the concept of common property, which is defined in paragraph
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1 of Article 36 of the Housing Code, balconies, loggias, verandas and terraces related to a specific residential premises are not the common property of the owners of premises in an apartment building. What conclusion follows from this?
Unambiguous . When providing services related to their maintenance and ongoing repairs, these areas are financed at the expense of the owners.

Emerging nuances

The receipt on the basis of which it is necessary to pay for the maintenance of the apartment, as a rule, indicates all the conditions for the calculation.

However, in some cases it is important to pay attention to some details:

• if the receipt belongs to the tenant of the premises, then it should contain the line “payment for rental housing”;
• the document indicates the deadlines by which funds must be deposited into the personal account: in most cases this is the 10th day of the month following the month of payment indicated in the receipt;
• payment should be made only on the basis of a payment document; if changes need to be made to it, you should first visit an accountant;
• in case of poor-quality provision of services, you should apply for recalculation.

The responsibility of every citizen is to make payments on time and comply with the regulations regarding utility bills. If payment is not received from the owner of the residential premises for a long time, a fine may be imposed on him, and the provision of utility services may be refused.

Making utility bills is the responsibility of everyone whose apartment is supplied with resources.

Payment for them is carried out by accruing the debt and recording it in the housing payment receipt .

However, not every homeowner knows who exactly is supposed to make the payment .

Let's figure out how rent for utilities is calculated: for registered or living citizens in the apartment?

Forum burmistr.ru - forum about housing and communal services (management of apartment buildings)

For example, the tariff for thermal energy for calculating utilities for heating is 1,621.95 rubles per gcal from July 1 of the current year. As for electricity, the price of one kWh is 4.12 rubles

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Norms of square meters For one person, the legislator established the norm of living space required for the implementation of life activities equal to 12 square meters. It is enshrined in the provisions of Article 38 of the LC
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But this norm corresponds to the average value, which allows it to be changed in one direction or another in some regions
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The standard of living space directly affects the amount of money that must be paid for the utilities received
. The minimum sanitary living space per person is 6 square meters.

It is established by the legislator at the federal level. According to social conditions, a family of three is entitled to 18 square meters with a minimum of 16 square meters.

Community "Consumer Protection in the Housing and Utilities Sector"

Low-income groups In accordance with current legislation, the category of persons entitled to receive benefits will pay 50% of the total cost of utility services. Each individual region has its own procedure for providing them

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Accordingly, government resolutions provide benefits to:

1. Pensioners.
2. Disabled people.
3. Orphans, children with disabilities since childhood.
4. Elderly people, if they are cared for by a social worker.

Benefits are provided to large and low-income families whose average per capita income per family member is below the subsistence level established in the region. They must regularly document their average per capita income

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Social norm The legislator introduced a social norm for the consumption of utility services. Housing Code of the Russian Federation, the total area of ​​a residential premises consists of the sum of the area of ​​all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces. Pay for response Continue dialogue Sincerely, Sergey Nikolaevich Berestov, tel.: 8-913-010-29-69 (Phone call only to make an appointment for a consultation).

• The calculation should be based on the total area of ​​the apartment, which does not include the area of ​​balconies, loggias, and terraces. Order of the Ministry of Economic Development of the Russian Federation dated September 30, 2011.

As a rule, residential premises are divided into types:

• residential building or some part thereof;
• apartment or share thereof;
• room in a shared apartment.

Residential premises consist of living space and auxiliary premises, technical undergrounds, and basement floors, which are designed to satisfy the household and other needs of residents. Exceptions to the rules are balconies, loggias, verandas and terraces.

The amount of payment for the provision of utility services is calculated based on the volume of actual consumption in proportion to the readings of the meter. If it is not installed in a residential area, then utility consumption standards are used in the calculation

. The norm is provided for by the instructions of Article 157 of the RF Housing Code.

Special cases

Sometimes owners do not know rent debts are calculated

Therefore, they are interested in specific situations that do not occur often, but still happen to the owners of an apartment in an apartment building.

No one is registered

The fact that there are no registered citizens is not a reason to stop charges for utilities .

In this case, charges will be made as for one person , and those payment parameters that depend on the number of square meters will remain unchanged.

To minimize the cost of paying for services, you need to take care in advance of installing meters for each type of energy consumed.

Nobody lives in the apartment

The law places responsibility for paying for utilities in the place where the person is officially registered .

It often happens that a person is only formally registered in an apartment, but actually lives in another place .

Payment in this case will be full and not dependent on living in the apartment at the moment.

However, it is possible to prove the fact that the citizen regularly pays bills in another place of residence.

This method is quite complicated , since you will need to bring receipts confirming the fact of payment. This must be done once every six months and for each service provider.

From what area should utilities be calculated and on the basis of what document?

According to calculations, 80% of consumers will pay for electricity according to the tariffs established within the social norm. To calculate utility bills for people living in dilapidated and unsafe buildings, increasing coefficients are provided to the base rate of the social norm.

The measure is being applied due to the impossibility of installing metering devices in them. Documents required To receive a housing subsidy to pay for utilities, you must submit an application to the social security authority. It should indicate personal, passport and contact information, home address, and bank account number.

The applicant must enter information about family members, including passport and birth details. The application form can be obtained from the SZN authority at your place of residence.

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In some cases, you can use the form posted on the Internet on the official website of the Federal Social Security Fund.
If she consists of two people, then she has the right to a living area equal to 42 square meters .
The social norm for one person is set at 33 square meters. How does excess space affect rent?
In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation, the amount of payment paid by residents for the provision of utility services is calculated in proportion to the tariff established in the region . It is established by executive authorities of the constituent entities of the Federation, local government bodies, if they are authorized by the legislator.

Each residential premises must have a utility meter installed in order to correctly calculate the cost of services. Who doesn't pay for extra square footage? The norm for social living space is established for a certain category of citizens.

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Regional executive authorities and municipalities are seeking to reduce the cost of utility services by developing their own standards.

In accordance with paragraph 2 of Article 154 of the Housing Code of the Russian Federation (hereinafter referred to as the Code), payment for residential premises and utilities for the owner of premises in an apartment building includes:

- fees for the maintenance and repair of residential premises, which includes fees for services and work related to the management of an apartment building, maintenance, current and major repairs of common property in an apartment building;

- utility bills.

According to Article 158 of the Code, the owner of premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of residential premises.

Paragraph 1 of Article 37 of the Code establishes that the share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises .

In addition, the calculation of the amount of payment for heating provided in a residential premises and utilities provided for general house needs is made in accordance with the occupied total area of ​​​​the premises .

In accordance with Article 15 of the Code, the total area of ​​a residential premises consists of the sum of the area of ​​all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces

The total area of ​​your premises, which should be used for calculating fees, is indicated in the technical passport of your apartment, in its extract or in the certificate of ownership .

If the wrong area is used to charge for housing and communal services for your apartment, you need to send a written application to the provider of housing and communal services with a request to change the area, with supporting documents attached.

If you refuse to recalculate, you have the right to contact the prosecutor's office, the housing inspectorate, or challenge the refusal in court.

List of required documents

In order to apply for a housing state subsidy to pay for housing and communal services, you must first submit an appropriate application to the social protection structure of citizens.

The document contains personal, contact, passport details, bank account number, as well as registration address.

The plaintiff undertakes to indicate in the application information about family members, incl. metric, passport information.

It is permissible to take the claim form from the SZN structure at your place of residence.

In addition, the application is accompanied by:

Citizens of other countries who permanently reside in the Russian Federation are required to provide documentation to obtain a housing subsidy.

The standard is valid if there is an international agreement between the Russian Federation and the state from which the foreign citizen arrived.