Many people living in the same territory have too bad relationships, so they need to split their personal account. This makes it possible for each citizen to pay utility bills separately from other residents. This process can be carried out peacefully or through a court.
The need to pay for utilities
Each dwelling has a separate personal account designed to pay for utilities. It is on it that payments for utility services are accrued.
Utility payments are represented by the monthly costs incurred by the owners or residents of a dwelling for the use of various services provided by electricity, water supply and so on. Payment of housing and communal services on a personal account occurs even if no one lives in the room.
If there is no payment in the apartment, services will be disabled.
Where can accounts be split?
Separation of the personal account can be carried out in almost any residential premises, but there are some exceptions. These include:
- The apartment is official, therefore its owner is a certain state or commercial structure.
- Residential property has only one owner, so there is simply no need for separation.
- Housing has an encumbrance imposed by bailiffs.
In all other situations, the separation 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 they will have to use the help of the court.
Legislative regulation
The Civil Code lists all the rules on the basis of which the payment of housing and communal services on personal accounts takes place. Art. 249 of the Civil Code indicates that utility bills should be paid on the basis of shared ownership owned by each person in the premises.
For example, if one citizen has only 20% of real estate, and the second has 80%, then this indicator is taken into account when dividing 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 what rules are used to pay for electricity in a personal account, as well as how money is paid for other services.
Reasons for separation
There are many reasons for the separation of personal accounts. Most often, this procedure is associated with the following reasons:
- One of the owners lives in another real estate, so he does not want to overpay for housing and communal services, as people living in the apartment 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 the housing by inheritance, and at the same time is forced to live in the facility 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 pay any amount to pay for services.
- There are too strong disagreements between people who are co-owners of the same real estate, so they can not come to a compromise when paying for housing and communal services through one receipt.
As soon as the separation is made, each owner will pay for the services only for his share in the housing. However, he will not be responsible for debts arising from other property owners.
Nuances of sharing an account between co-owners
Before you split your personal account, you should decide what kind of apartment is. It can be municipal or privatized. Additionally, the number of co-owners is taken into account.
The procedure for dividing the personal account is carried out in a peaceful way, for which citizens turn to the Criminal Code, the head of their house, and if people can not come to a consensus or one of the owners refuses to draw up an application, then a lawsuit is filed.
How to split personal accounts in a shared apartment in a peaceful way? For this, a special application is prepared in the Criminal Code, to which additional papers are attached, depending on the existing form of ownership. Next, you need to wait for a decision within 30 days. After that, each owner of the object will receive their own separate receipt.
Nuances for privatized housing
If the apartment is owned by citizens, then they can easily split bills if all co-owners agree to this process. For this, a statement is being sent to the Criminal Code. In addition to this document, copies of registration certificates that are available to all citizens are attached.
The application for the separation of the personal account is considered within one month. Usually a positive decision is always made, so each co-owner then receives a separate receipt.
Specificity for a non-privatized property
Often, the separation of personal accounts in a municipal apartment is required. This process has some nuances, since real estate belongs to the state, and residents use it on the basis of a social loan agreement. Citizens are not full owners of the apartment, so the separation of accounts is allowed only if several conditions are met:
- The rooms in the facility are impassable. Therefore, if there is at least one room through which people gain access to common areas, the process will be denied.
- The citizen applying is living 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 separation. Additionally, consent for this process is required from all residents. Next, a statement is drawn up in the Criminal Code, to which other documentation is attached:
- copy of the warrant or social loan agreement;
- copies of passports of all tenants in the apartment officially registered in this property;
- extract from the BTI;
- technical plan, which can be obtained in 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 of circulation in the Criminal Code
If each tenant in real estate wants to pay utility bills separately, then the separation process is considered simple, since you do not have to go to court for this. The procedure is performed through the UK. For this, all necessary conditions must be satisfied.
How to split a personal account? For this, the correct statement 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 data are given;
- the direct text indicates the request to divide personal accounts based on the number of residents, which will allow each citizen to receive a separate receipt;
- it states that all citizens living in the same territory agree with this process;
- it must be specified how many residents are registered in the social security agreement.
If inaccurate information is written in the text, then this is the basis for refusing separation.
What documents are needed to split a personal account?
Other documents are attached to a correctly written application. Its amount depends on the rules of work of a particular UK. But usually you need 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.
- An order or social security agreement if the housing is municipal.
- Passports of all citizens living in the same territory.
- Technical papers for the facility, presented by a technical passport and 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, from the 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 in a personal account created specifically for them. But often, other residents of the facility refuse to voluntarily perform the separation. In this case, the only solution to the problem is to file a lawsuit.
They will have to go to court even if the Criminal Code for various reasons refuses voluntary separation. The features of judicial involvement include:
- The plaintiff may only be a co-owner or tenant in an un privatized apartment.
- The list of documents attached to the claim depends on what form of ownership is available, since housing can be municipal or privatized.
- The documentation is transmitted to the magistrate's court at the location of the facility.
Such cases are considered rather quickly, and most often the court makes a positive decision if it is clear that there are hostile relations between people or evidence has been found that one tenant simply refuses to pay for housing and communal services, so this process is carried out for him by other citizens.
Rules for making a claim
The most difficult thing is to competently draw up a lawsuit, which includes the following information:
- the heading indicates the name of the court where the application is directed;
- information about the plaintiff submitted by name, place of registration, contact information and information from the passport is registered;
- data is given on all defendants who do not wish to engage in personal account separation;
- directly in the text the address of the apartment where the separation is required is registered;
- 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 lack of family ties between residents;
- it is advisable to leave links to Art. 155 and 156 LCD;
- the end indicates the request for separation.
The structure of the claim is simple and straightforward. Particular attention is paid to the causes of separation, since they really must be valid.
What documents are attached to the claim?
When dividing the personal account in a communal apartment or privatized housing, it is important to prepare additional documentation for the court. It includes paper:
- copy of the plaintiff’s passport;
- title papers for real estate;
- extract from the house book containing information about who lives in real estate;
- copy of the technical plan requested by BTI;
- account statement;
- duty receipt ;
- it is also advisable to take witness statements if the reason for the separation is a prolonged absence of other residents in the room.
The court may also need other documents confirming certain facts prescribed in the application. Then, within 10 days, a meeting is scheduled where all the data relevant to the case is considered. After a positive decision is made, defendants may appeal it. The decision is then sent to the Criminal Code, after which the citizens receive separate receipts.
Conclusion
Separation of personal accounts, on the basis of which payment for housing and communal services is carried out, may be required for various reasons. Most often, this is due to conflicts between residents.
The procedure can be performed through the Criminal Code or the court. If tenants refuse to implement the process peacefully, then a statement of claim is drawn up for the forced separation of the account.