Division of personal accounts between apartment owners

Current standards

Current standards

The basic rules governing the rights and obligations of owners and tenants of residential premises are contained in the Housing Code of the Russian Federation dated No. 188-FZ (latest edition dated). The accounting and registration of real estate and the list of government bodies authorized to carry out such actions are regulated by Federal Law No. 218-FZ.

A review of certain controversial issues on the application of norms in judicial practice was approved by the Presidium of the Supreme Court of the Russian Federation from.

The process of real estate accounting, including the formation of personal accounts for residential properties, is contained in the Orders and Letters of the Rossreestr.

Section of personal accounts according to the norms of the current Housing Code of the Russian Federation

The court, when considering these disputes, has the right, in relation to the provisions of Parts 4 and 5 of Art. 156 Housing Code of the Russian Federation and Art. 249 of the Civil Code of the Russian Federation to determine the procedure and amount of participation of a former family member of the tenant in the costs of paying for residential premises and utilities, based on their 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 family member of the tenant and issue him a separate payment document for payment of residential premises and utilities; conclude a separate agreement with citizen O. on payment for hot water supply and heating in relation to the above residential premises based on 5/8 of the area of the residential premises, with citizen N. - 3/8 from the area of the living space.

When is merger possible?

Citizens who own property have the right to contact the management company, BTI and Rosreestr with this requirement. They mainly apply in the following situations:

When purchasing part of the premises.
When receiving a share in an apartment building as an inheritance.
When privatizing a house or isolated room.

Citizens can make such a demand in any case. The main thing is that all owners agree to carry out this procedure.

Consolidation of personal accounts in a privatized apartment

The financial-personal account contains information about the type and nature of the residential premises (individual apartment or communal apartment, its area and number of rooms, the floor where the apartment is located, the number of floors in a residential building, the degree of wear and tear of the house, etc.). It also provides information about the degree of improvement of the apartment and the utilities provided (is there central heating, running water, electricity, gas stove, gas water heater, sewerage system, bathtub, garbage chute, elevator, etc.). The financial and personal account contains information about all persons living in a given residential premises.

The division of personal accounts in municipal or privatized apartments within the framework of the housing legislation of the Russian Federation is defined as the allocation of a share in payment for residential premises and utilities and is carried out in court. The owner has the right to go to court, which must establish the procedure for paying for residential premises and utilities in proportion to the shares in ownership for each of the owners of the residential premises.

If the apartment has several owners, then dividing the personal account will help

“The media are already reporting about scandals and inspections by prosecutors of capital repair funds in other cities, they say, there the funds take bank interest from contributions placed in banks for capital repairs and distribute them for business activities and salaries. And where does the money of Kaliningrad residents go, which is also thrown into the “common pot”, and not into the personal account of the house?”

— Elena Ivanovna, you are interpreting the law incorrectly. It provides compensation for the cost of paying contributions for major repairs only to single non-working owners of residential premises who have reached the age of seventy years - in the amount of 50%, and for eighty years - in the amount of 100%. Families consisting only of non-working citizens over 70 years of age living together are also eligible for compensation.

How to properly divide a personal account in a privatized apartment

Often people living together have a question: how to divide a personal account in a privatized apartment ? This procedure is very insidious: on the one hand, it is quite simple, on the other, there are many subtleties that can derail the whole thing. This article is devoted to how to conduct the section correctly.

To begin with, all apartment owners should transfer it to shared ownership (See What is the procedure for allocating a share in an apartment?). This is especially true if the housing belongs to spouses, since according to family law, everything acquired in the family is the joint property of the husband and wife. Therefore, the first step will be an agreement on the division of property. It is in writing and certified by a notary.
Having divided the ownership of an apartment, the owners must obtain certificates for their shares from the Rosreestr authorities. It is based on their size that new personal accounts will be allocated.
After this, the owners need to contact the company that provides utilities in the house. Each of them is provided with the following documents:

When can you split receipts?

Conditions for the account section:

Owners of common shared property can exercise the right to receive separate receipts. That is, the legal documents for the apartment must indicate the size of the share. For example, 2/5; 3/5.
If you own jointly, you cannot split the accounts. The service will become available after the apartment is re-registered as shared ownership.
If the apartment has one owner, there is no one to share bills with, despite the presence of registered tenants.

How to combine personal accounts in an apartment

How to combine personal accounts in an apartment Different personal accounts are issued if there are two or more owners or tenants in the apartment. When combining them into one family, the question arises of merging the personal account. To do this, you should collect a number of documents. Consolidation of persons is a very rare procedure; most often, separation occurs when housing is divided into parts.

In order to carry out this procedure fully, all participants, or rather owners, will need to transfer their residential property into shared ownership. This is not only a necessary part for allocating a share, but also quite convenient, for example, if the living space is owned by spouses.

When to merge personal accounts

In the modern world, real estate issues are almost in the first place. Purchasing your own home is one of the main issues in life, but not everyone can afford the prices per square meter. Therefore, people often become the owners of not the entire apartment or house, but part of it - buying only one or two rooms. It’s good when the opportunity arises to gradually become the owner of the entire living space. But then many different legal issues arise regarding the registration of a single right of ownership of real estate and, as a consequence, the task of merging personal accounts in a communal apartment.

This may be needed in cases such as:

Inheritance of a home by a daughter after divorced parents, who, although they lived in the same apartment, officially divided it into separate parts;
Uniting several tenants or owners of living space into one family;
Initial purchase of one, and subsequently purchase of the remaining rooms in the apartment;
Exhibition for the simultaneous sale of an apartment purchased room by room.

All this forces property owners to turn to lawyers for advice on how to correctly draw up a document according to which they will be able to make all necessary payments.

Some features of the operation

The procedure for carrying out actions in public housing is defined in Article 82 of the Housing Code of the Russian Federation. Basically, the operation is performed according to the indicated scheme, but sometimes there are exceptions:

to initiate the process in relation to a communal apartment, the tenant must contact the municipality;
in a privatized apartment, the association is carried out after receiving a document certifying ownership of the property.

Otherwise, you must proceed in the same way as described above.

Each premises is assigned a unique number, by entering which you can find complete information about the management company, the consumer and check payments. This number is usually assigned to only one property, but payers can separate or connect it. The process is fully regulated by the Housing Code.

Section of personal accounts in a privatized apartment

A voluntary agreement is concluded between both parties, the main provisions of which they draw up independently on a contractual basis.
The division is carried out in court, and the owners will have to comply with the court decision.

the property must be divided into premises isolated from each other. At a minimum, one room is required;
this room must correspond in size to the share of the individual who is making a claim to split the account. This is due to the fact that, based on current legislation, all residents have the same rights. In this case, it does not matter who is entered in the house register as a tenant and person responsible;
the kitchen in the apartment should not be less than 6 sq.m.

How to combine personal accounts in public housing

Example of a financial personal account

Municipal housing is an opportunity for citizens who need it to receive square meters from the state or local government. Very often, social housing is provided to tenants (this is what the people living in it will be called, because the square meters do not belong to them, but to the owner - the municipality or the state) not entirely, but room by room. It is clear that each of them opens their own account in order to pay for utilities. Using the right of privatization, you can become the owner of one room in a communal apartment. Since most people seek to expand their housing holdings, they buy part of the apartment from the remaining owners, and then the question arises, what documents need to be collected and how to combine personal accounts.

The list of required legal acts includes:

A document confirming the ownership of housing or a single rental agreement (if the housing is not privatized);
Identity card of owners (tenants) – passports of all owners;
Application to the Unified Settlement Center;
Application to the management company on whose balance sheet the house is located.

Attention! If you are merging accounts in a municipal apartment, then you need to go with the collected package of acts to the district municipality, but if the housing is owned by several residents, apply to the BTI.

Assignment of a personal account and registration of the entire apartment in favor of one owner

Good afternoon, Valery. Yes, you can combine accounts if all owners agree (or if the grandson is 1 owner). If one of the owners died and the share was inherited, then after receiving a certificate of inheritance and registering ownership rights, the personal accounts are also combined. Instructions: If you want to combine accounts in a municipal apartment, submit an application to the owner of the property, that is, to the district municipality. Submit the personal documents of all tenants and rental agreements. After the specified time, you will receive one rental agreement, in which there will be one responsible tenant. Apply with your passport and a new contract to a single settlement center and to the management company on whose balance sheet the house is located. These organizations will make the appropriate entries in the accounting books, and you will have a single personal account. If your home is owned by several persons, submit an application to the BTI. You will receive new technical documents, on the basis of which a unified cadastral plan and passport will be drawn up. Take an extract from the cadastral passport and a copy of the cadastral plan. Submit these documents to the unified settlement center, write a statement from all owners, present your passport. All owners must be personally present when submitting an application to merge personal accounts

Hello! Tell me please. A husband, wife, son, daughter and grandson lived in a 3-room apartment. The husband and wife divorced and divided the personal account, he was left with 1 room and his wife, son, daughter and grandson were left with 2 rooms. They all died, leaving behind an 18-year-old grandson, is it possible to combine personal accounts in favor of the grandson to create a 3-room apartment?

12 Jun 2021 uristlaw 230

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Conditions under which account merging is possible

Conditions under which account merging is possible

The most common situations are:

purchasing several shares in an apartment,
inheriting several shares,
obtaining ownership rights to several parts of an apartment on different grounds (donation and privatization, purchase and inheritance, purchase and privatization, etc.)
merging a personal account by decision of the owners (tenants).

Initially, different personal accounts can be issued when there are several owners or tenants. This situation may arise, for example, when purchasing an apartment using maternity capital. The intended use of such funds directly provides for the allocation of shares for each family member.

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On the contrary, the union of several employers or owners into one family involves the connection of personal accounts.

What is a personal account

A personal account is a document that contains complete information about the payment of rent for a specific residential premises. The LS indicates the details of the person who owns the property. The separate code number is indicated on each receipt, in the upper corner of the receipt. Using this number, people can make payments through terminals and online banking.

If several people live in the housing, and not all users fulfill the obligation, the personal account can be divided. Or it can be combined to simplify the payment process.

Procedure

There are situations when real estate, which was divided between several owners, was transferred completely to one of them. To connect a personal account, the owners or their representatives need to submit a written application to the BTI at the address and submit all the necessary documents.

The application is drawn up in free form, but it must include the following information:

name of company;
owner details: full name, year of birth, contacts;
information about share or property, address;
requirements;
date of submission and signature of applicants;

Along with the application, you must submit copies of the following documents:

Passports of all co-owners.
Documents of title to the object (agreements, certificate of inheritance, etc.).

Failure to provide the required documents may result in refusal to accept and register the application. Also, the reason for refusal may be the absence of a person’s signature or date in the letter.

BTI employees prepare technical documents, cadastral plan and real estate passport. Next, the received certificates and papers are sent to the settlement center. Collective appeals are also submitted to the settlement center. After registration, housing and communal services will be paid by one person

Thus, the procedure takes a long time. But at the same time, citizens do not need to be frequently distracted; they just need to leave requests and wait a little. But there is no need to wait long and do nothing, as then the process will be delayed. It is required to contact the contractor every week and ask about the progress of the case. Also, in order to spend a minimum of time, it is recommended to immediately submit an application to the management company.

If there are no results for a long time, you need to visit the organization and demand results. If there is no action on the part of responsible employees, it is recommended to file a complaint.

What regulations apply?

But for the sake of objectivity, I note that in judicial practice there is an absolutely opposite position on this matter.

When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting. You need to write a statement to the Criminal Code. And attach a certificate of ownership.

There they will issue technical documents, a unified cadastral plan and a housing passport. To provide documents to the settlement center, you must make an extract from the cadastral passport and a copy of the cadastral plan.

How to merge personal accounts

1. Order of the registered person and/or issuer to merge personal accounts, if there are several personal accounts in the register of one issuer, opened to the same registered person signed by the registered person or his authorized representative.

By a court decision in 1987, a 4-room apartment was divided into equal shares between the former spouses, as a result of which separate personal accounts were issued, i.e. formally the apartment does not belong to a communal apartment, but from a practice point of view, separate personal accounts and They say that the apartment is communal. This year, those living in this apartment applied to the KECH (in a closed military camp) with an application to merge their personal accounts, but they were refused.

How to combine two personal accounts in a three-room privatized apartment

Hello! Please tell me how to combine two personal accounts in a three-room privatized apartment? We live in two rooms, my brother, my wife and two children each have 1/5 share and are registered there. The third room belongs to me, after the death of my father, I am the owner of this room. The parents were divorced, so the personal accounts were divided. Since January, the house management began to charge water supply fees to the extra person, citing that I am not registered in this room, what should I do, where should I go so as not to pay extra money for the apartment?

I'm afraid it won't be possible to merge these accounts. It would be optimal for you to close one of your personal accounts, that is, terminate one of the concluded utility contracts. This can be done in your case - the citizen who entered into such an agreement has died. We are talking about your father.

Who can solve this issue

Who can solve this issue

If the apartment is owned by several persons, all co-owners must submit a collective application to the BTI at their place of residence. There they will draw up technical documents, a unified cadastral plan and a housing passport. To provide documents to the settlement center, you must make an extract from the cadastral passport and a copy of the cadastral plan. The settlement center will also require a collective application from all co-owners of the apartment.

An important point is the unconditional consent of all owners of residential premises to merge the personal account. In the absence of the consent of at least one person, association is impossible.

Registration through the BTI also occurs if several owners of an apartment give it to one of the family members or several owners sell their shares to one person. A similar situation arises when inheriting several shares. To combine several inherited shares, you must also contact the BTI after receiving a certificate of inheritance. In all of the above options, the merging of personal accounts occurs by registering ownership of the new owner.

An application for state registration of ownership rights to an apartment can now be submitted electronically on the official website of Rossreestr

If we are talking about a municipal apartment , then the permission of the owner is required, on whose balance sheet the housing is listed. In this case, they will be local administration bodies. To resolve the issue, you must contact your local municipality. There they will draw up an agreement for one tenant, and also make the appropriate entries in the accounting books. With a new agreement in hand, you should contact the settlement center (management company).

Documents required for merging accounts.

List of documents provided by owners of residential premises:

certificate of state registration;
act of acceptance and transfer of residential premises;
passport;
power of attorney (if the interests of the owner are represented by another person).

Documents provided by employers (tenants):

residential rental agreements;
passports of all owners (tenants);
collective application to the municipality;
collective application to the ERC (or management company).

Initially, there will be several rental agreements, depending on the number of tenants. A single rental agreement will be drawn up upon application to the Unified Center.

Lawyers' recommendations

It is noteworthy that sometimes the solution to the same issue of merging personal accounts can be resolved in different ways legally.

Situation: a large family owns a three-room communal apartment. One part of the apartment was purchased at the expense of maternal capital, where shares were allocated to the children. How to combine accounts in this case?

Sannikova Galina Nikolaevna. Lawyer, Perm

You should contact the registration chamber and register the right of common shared ownership. In this case, the registrars will exclude individual shares, combining ownership of the apartment. In this way, an agreement will be reached on the emergence of the right of common shared ownership. Afterwards, you need to write an application to the UK about merging the accounts.

Karavaitsev Vyacheslav. Lawyer, Moscow

If the rooms are listed in the cadastral register as separate objects, you must obtain a new passport for the apartment as a single object. Before contacting the cadastral chamber, call a BTI technician and make a new plan for the apartment.

Then, with a new passport and a plan, write an application to Rosreestr to terminate the objects - rooms and register the object - apartment. Based on the latter, they will provide a single personal account.

Situation: the apartment has been privatized. One room was inherited, the other was bought. How to merge accounts?

Ponomarev Eduard Viktorovich. Lawyer, Moscow

The situation is simple. It is necessary to present both documents (on the ownership of the privatized part and a certificate of inheritance) to the registration chamber. Based on this, you receive a Certificate of Ownership of the apartment and re-register the accounts into a single personal account.

It should be taken into account that this document can only be opened for a citizen of the Russian Federation who has reached the age of majority and is recognized as legally capable, who is registered in the next apartment.

Common Mistakes

Common Mistakes

It is impossible to combine personal accounts if there are different forms of entitlement to the same apartment. For example, if part of the residential premises is privatized, but the other is not. The same thing happens if one part of the apartment is privately owned and the other part is municipally owned. Only after the privatization of the remaining part of the apartment can the issue of merging accounts be resolved positively.

Inheritance of a share of an apartment that is in municipal ownership is impossible. The merging of personal accounts in the event of the death of one of the tenants occurs only in the presence of certain accompanying circumstances. This issue is regulated in detail by Art. 59 and art. 82 Housing Code of the Russian Federation.

Is it possible to combine personal accounts before paying off the mortgage on an apartment? Merging personal accounts in an apartment purchased on credit (mortgage) is not possible until full payment has been made. Only after the apartment has become the property of the family, it is necessary to decide who will be the nominal owner, arrange re-registration for one (for example, under a gift agreement) and as a result receive a single personal account.

How to combine personal accounts when selling (buying) an apartment? Consolidation of accounts for the purchase and sale of several shares in an apartment occurs by contacting the housing department or the EIRC for the new owner of the property. Based on documents confirming ownership, a single personal account is issued.

Is it necessary to combine personal accounts to privatize an apartment? Merging your personal account is not required. According to the social tenancy agreement, everyone registered in the residential premises will participate in privatization. If someone does not agree to participate in the privatization of an apartment, they write an official refusal.

What to do if the municipality is against merging accounts? Go to court and prove the feasibility of merging accounts.

Dividing a personal account in a privatized apartment into shares

The procedure for dividing accounts in an apartment that has been privatized always depends on which path the owners decide to take. Such an event involves several options for action, from which order will follow. Moreover, not every method has precise regulation by the legislator, since consideration of the issue of dividing accounts is a personal decision of the owners, and it will not always be regulated by regulations.

Separately, it is necessary to say about the reason why the owners generally come to the conclusion that it is necessary to divide the personal account in a privatized apartment. Most often, this is simply a desire to distribute financial responsibilities between the owners, so that each of them pays certain amounts for the shares that were privatized. Separate fulfillment of obligations in this case will also make it possible to distribute responsibility in case of delays in payments. The same principle can apply in the opposite situation, namely the merging of personal accounts.

Separation of personal accounts under the Housing Code article - grounds and features

If for some reason the owners were unable to agree among themselves on the issue of division, they can allocate a share in the apartment and utilities through the court. Along with the main requirement for division, a claim must be filed with this organization regarding the general procedure for using an apartment or house that is in common ownership. Other required papers include:

This process can be carried out strictly by agreement of the parties, when all owners without exception agree and independently determine the shares of each owner. Such an agreement must be notarized. If the owners of the living space cannot reach an agreement among themselves, the share of each owner can be determined through the court.