Conventionally, they can be divided into three bases:
What is the penalty for non-payment of utility bills?
Since January 1, 2020, the legislation does not provide for punishment for a one-time missed payment.
Previously, penalties were charged for a month of delay; now a fine is imposed only after 31 days of non-payment.
Until January 1, 2020, penalties were equal to 1/300 of the refinancing rate Central Bank Russia.
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IN this year this rate applies to the period from 31 to 90 days of delay. From 91 days the penalty is 1/130 of the rate.
Homeowner
The main responsibility for non-payment of housing and communal services lies with the apartments.
In the absence of payment for utilities:
Upon completion of the lawsuit in favor of the utility companies, the owner is obliged to repay the debt in full.
With absence financial opportunities the property is seized and subsequently confiscated.
These may be personal belongings of the defaulter (for example, household appliances), movable and immovable property.
If the debtor has only one apartment, then they do not have the right to confiscate it according to.
Video: you have to pay on time
Municipal employer
It states that the responsibility for timely payment utilities falls on the tenant's shoulders.
He undertakes to pay rent for:
- hot and cold;
If debts arise for housing and communal services, tenants face.
This decision is made if there is no payment for a period of 6 months or more.
Tenants are provided with another place to live, but with worse conditions and a smaller area.
In the future, having regularly paid utilities, you can write an application and indicate a request for another housing that is more suitable in size.
You can avoid eviction by paying a symbolic amount.
For the person renting the premises
When living in an apartment under a lease agreement, responsibility for paying rent rests with the owner of the premises.
Otherwise may be provided for in an agreement drawn up jointly with the tenants.
Tenants pay for services, which are calculated according to meters.
When drawing up the contract, it is necessary to immediately provide for liability for late payment of rent.
For example, penalties are paid by the tenants. If there is no payment within 2-3 months, the tenants are evicted.
It will not be possible to officially assign responsibility for paying rent to tenants.
Even after registration, they will not be responsible to utility services for late payments.
Coming Responsibility
What happens if you don't pay:
They have the right to stop the supply of resources if:
For example, it is impossible to block the sewer riser, and it is also not allowed to turn off the heating. The water supply can be stopped, but only hot.
Administrative
The legislation of the Russian Federation does not yet provide for liability for non-payment of housing and communal services.
If it is not financially possible to repay the debt, the debtor’s property will be confiscated.
This could be a car, household appliances, electronics. After the sale, the debt is partially repaid.
The remaining amount is paid independently in order to resume the supply of resources.
According to the criminal code
There is no penalty for utility debts. Even the court will not be able to hold you accountable.
On whom is it entrusted?
The law determines the person responsible for timely payment of housing and communal services - the owner of the apartment.
Every year utility tariffs increase. 2017 was no exception for citizens Russian Federation. At the beginning of last year it was adopted new law on tightening liability for debtors for payment for housing and communal services. What the new law implies and what punishment is provided for willful defaulters, we will consider further in the article.
The procedure for paying utility bills is regulated Housing Code. According to Article 153 of the Housing Code of the Russian Federation, this is the responsibility of every citizen, including legal entities, who rent any premises. Housing and communal services include:
- payment for hot and cold water;
- making payments for electricity (study);
- making payments for heating;
- and gas supply.
According to Article 155 of the Housing Code of the Russian Federation, there is a certain period during which utilities must be paid. Payment is made every month before the 10th day upon receipt of the corresponding payment document. Military personnel, veterans and other categories of citizens enjoy payment benefits.
The maximum delay in payment for utilities can be 31 days. Previously, penalties were accrued for a month of delay; now penalties are accrued for 31 days of failure to make payments. To use installment plans and deferments, valid reasons for delaying payment are required. These include:
- serious disease;
- loss of position or sole breadwinner.
In any of the above cases, documentary evidence of the facts will be required.
What are the consequences of non-payment of utility bills?
The new law on non-payment of utilities involves the accrual of penalties for debtors who do not pay bills on time for utilities. Federal Law No. 307 discusses the procedure for calculating penalties for non-payment. Amendments have been made to the law to increase consumer discipline.
The main methods of dealing with persistent defaulters are:
- accrual of penalties;
- imposing restrictions or suspension of utility services;
- The last resort is eviction from the apartment with the help of the court.
Let's consider the above methods of punishment for late payments carried out by utility providers later in the article.
Penalty amount according to law
The most common penalty is the accrual of penalties. A penalty is a penalty for a long delay in paying utility bills. According to federal law No. 307, citizens who are overdue for payment by more than a month will be subject to penalties. You can pay your invoice within 31 days after receiving your receipt.
The total amount of the penalty depends on the size of the debt and the number of days of non-payment, as well as the refinancing rate of the Central Bank of Russia.
Rent debtors who are individuals should remember that from 31 days to 90 days, 1/300 of the refinancing rate is charged for each day the receipt is not paid. And from 91 days the penalty will increase to 1/130 of the Bank of Russia rate. Currently the rate is 9%.
The legal status of the utility consumer affects the calculation of late fees. For organizations supplying heating, water, etc., the fine will be charged as follows:
- from 1st to 60th day - 1/300 of the Central Bank interest rate;
- from 60 - 90 - 1/170;
- from 91 days - 1/130 of the interest rate.
For legal entities, the fine will be charged at the maximum discount rate- 1/130. If the debt for an apartment can be paid through the terminal, then there is no penalty. Payment can only be made at a Sberbank branch or at a management company, which should be done as soon as possible.
The accrual of penalties can be avoided if the citizen has to leave for another city for a long period. The interested person must write an application to management company and notify about this fact. The deferred payment will be valid for six months. If an extension is required, the next application is sent by mail.
What are suppliers entitled to?
In addition to charging penalties, utility service providers have the right to resort to other measures to punish debtors. For late payment of more than 3 months, the supply of gas, electricity, water will be disconnected or limited for non-payment of utilities. The supplier has the right to act in accordance with these regulations before receiving Money from the debtor. Notification of the defaulter is made in writing by mail. After 3 days, if the notification is ignored, the notification is made personally by an authorized person.
Eviction from an apartment for debt is also possible. However, it applies to citizens who rent living space. INevict the owner It is legally prohibited from a privatized apartment. The impetus for this procedure is not the total amount of debt, but the time period of non-payment of utility bills - more than 6 months.
Where can I complain about illegal shutdowns?
The Federal Law on Rent provides for utilities that do not have the right to be turned off, even if payment is not received - heating and cold water supply.
Disconnection of any type of utility services without adequate warning from suppliers illegal! This unlawful action can be appealed. The complaint can be sent to the management company or the HOA. If mutual agreement cannot be reached, the claim is sent to the state housing inspectorate or Rospotrebnadzor. This is followed by filing a written application with the prosecutor's office and the court.
Utility providers may be subject to administrative and criminal liability. For violation of the regime for providing the population, housing and communal services impose a fine on officials- 500 - 1,000 rubles, and for legal entities - 5,000 - 10,000 rubles. For arbitrariness and causing damage - a fine of up to 80,000 rubles will be charged, or compulsory work 180 - 240 hours, or correctional labor from 1 - 2 years, or arrest for 3 - 6 months.
Arrears in payment could be the reason for disconnection of utility services. If the debtor received the notice on time and the fact of late payment is recognized by him, then the only solution to the problem is the payment of funds. When the debt is repaid, electricity, gas, and water are supplied within two days.
Establishes that utility payments must be made no later than the 10th.
Payment has already been made for the past month; an advance system is not provided for these types of services.
The debt begins to form on the 11th, if payment has not been made in full or is missing altogether.
At the HOA meeting, the payment date can be changed at the initiative of management or by a majority of residents.
Legal justification
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The procedure for accrual, calculation and payment of utility services is regulated by several legislative acts Housing Code.
To find information, you will need to refer to article No. 153, 154,.
Payment in installments
To do this, an agreement is concluded with the management company, which specifies the conditions for restructuring the rent debt.
But there are several nuances to consider:
The management company may terminate the contract unilaterally if the debtor does not make payments on time or is late in paying the current debt.
Consequences of debt
Basic:
- Accrual of penalties.
- Disconnection of a resource, termination of a contract for the provision of utility services.
- Seizure of property.
- Confiscation of property, including apartments.
During the first three months of nonpayment, utility services do not take action.
From the fourth month to postal and/or email address the debtor begins to receive letters demanding payment of the debt.
Peaceful solutions to the problem are proposed for 3-5 months, during which notices are sent out, utility workers come for a personal conversation with the debtor.
He must be warned that if there is no payment, the provision of the service will be suspended in the near future.
At the next stage, the debtor’s water, electricity or gas is turned off.
The suspension of the supply of resources is temporary, pending receipt of payments.
The next stage is the termination of the contract for the provision of utilities and the transfer of the debt collection case to the court.
The defendant has about 3 weeks to repay the debt.
If there is no money in the specified amount, you should contact the management company and agree on debt restructuring.
The debtor's inaction leads to the fact that the case is considered by the judicial authorities.
Eviction
If the apartment is located in social hiring, then the owner may demand the eviction of the tenants if there is no payment for utilities within 3-4 months.
When evicted from municipal housing, tenants are given another apartment, but with a smaller area, worse conditions, but also with a lower rent.
You can prevent the replacement of housing only by proving that the debt arose for a good reason (for example, etc.).
Disabling services
The most pressing issue in the relationship between utility consumers and their suppliers has been and remains late payment. Management companies and resource supply organizations directly depend on payments from the population.
If the amount of debt becomes critical, this can simply lead to bankruptcy of the company. Therefore, fines against non-payers - penalties - are only growing every year.
If we talk in simple language, a penalty is a penalty that is charged to the debtor for the fact that he has a large delay in utility bills.
The amounts of penalties differ depending on the period during which the consumer of services does not pay for them. Also, different types of consumers have their own systems for calculating penalties.
How did penalties change in 2016?
Penalty is a penalty for non-payment of utility bills for more than 1 month
In November 2015 it was adopted the federal law No. 307-FZ, which amends the calculation of penalties for late payment of utility bills. The changes came into force on January 1, 2016 and are generally aimed at increasing the discipline of consumers of housing and communal services.
Energy suppliers hope that the amendments will significantly increase the collection of money for housing and communal services. As before, only malicious debtors – those who are overdue for payment by more than a month – will be subject to penalties. That is, you have 30 days to pay the invoice shown on the receipt.
Deadlines for accrual and amounts of penalties
For an individual - that is, for the majority of consumers of utility services - the amount of the penalty will depend on exactly how many days the payment was not made. Previously, it was like this: penalties were accrued if you did not pay by the 10th day of the month following the month of accrual. Now the following scheme applies:
- from the 31st to the 90th day of payment, the amount of the penalty will be the same as before - 1/300 of the Central Bank refinancing rate for each day of delay;
- from day 91, penalties will increase to 1/130 of the refinancing rate.
We say “refinancing rate” for convenience, but since January 1 this concept has become obsolete. The Bank of Russia combined the refinancing rate with key rate, which currently amounts to 7.25% (the rate changes periodically, and we may not have time to keep track of this, so please check the current rate separately on the Internet). It is this figure that is used when calculating penalties.
Examples of calculations using the new system
For ordinary owners of apartments and private houses, the following penalty calculation schemes are relevant:
The amount of the penalty depends on the number of days when payment was not made
- For example, you owe the management company 6,000 rubles. Starting from the 31st day of late payment, you will be charged a penalty every day in the amount of 6000 * 0.11 * 1/300 = 2.2 rubles. That is, for the first three months (including the first “preferential” month) you will be charged 132 rubles in penalties.
- Starting from 91 days, the penalty rate rises to 1/130 of the rate. If we count the same 6,000 rubles, then in the fourth month you will already be credited 5.08 rubles per day. That is, for the fourth and each subsequent month you will have to pay 152.4 rubles. Thus, the penalty for a delay of six months will be almost 590 rubles. However, do not forget that you will receive new utility bills throughout these months. And if you do not pay for them, the amount of the penalty will increase significantly.
Penalty differentiation
As mentioned above, penalties for late utility payments vary depending on legal status utility consumer. They will be different for management companies, individuals, legal entities, homeowners' associations and building cooperatives.
For example, for heat supply organizations, water supply and sanitation enterprises, and management companies, the fines will be as follows:
- from 1 to 60 days of late payment – 1/300 of the refinancing rate (key);
- from 61 to 90 days – 1/170 of the rate;
- from 91 days onwards – 1/130 of the Bank of Russia refinancing rate.
For legal entities, not related to the above-mentioned industries, homeowners associations, housing construction cooperatives, the penalty will be the same - 1/130 of the refinancing rate, starting from the first day.
If you have an advance payment system for housing and communal services, then the specific timing of the accrual of penalties may differ. It is best to clarify them with your service organization - management company or homeowners association.
What else did the new law bring?
In addition to accruing penalties, utilities may also be disconnected for non-payment.
In addition to changing the system for calculating and collecting penalties for late payment of utility services, amendments to the legislation affected another measure of punishment for violators.
As is known, in addition to penalties, resource supply organizations have the right to limit or completely stop the supply of electricity, heat, water and gas. Of course, before cutting off a consumer from an energy resource, there will be several warnings.
Usually the first action is to turn off the lights in an apartment, private house or entire building. There are often cases when, after an electrician’s visit and cutting the wires, residents are connected without permission. Such actions are not only a violation current legislation, but also safety precautions. Therefore, amendments to the law significantly increased penalties for such arbitrariness.
Now, if an independent connection to electrical and heating networks was recorded, the fines will be:
- For individuals– 10-15 thousand rubles (it was 3-thousand);
- for officials, the penalty increased to 30–80 thousand rubles;
- legal entities will have to pay from 100 to 200 thousand rubles for arbitrariness.
Is it possible to avoid the accrual of penalties?
In some situations, fines for late utility payments can be avoided. If you are on long term If you plan to leave the city, you should first visit the management company and write a corresponding application. After this, you will not be charged penalties if the apartment is truly empty.
This deferment is only valid for six months. If you are planning to leave for a longer period, then the following application can be sent by mail.
Remember that you will only be recalculated for electricity, water, gas and sewerage. For heating and maintenance of places common use you will have to pay anyway.
Recalculation and cancellation of penalties can be done even after you have been away for a long time. But you can’t hesitate here: according to the law, a statement can only be written within a month after your return. In addition, to confirm your absence, you must provide evidence: travel documents, a certificate of sanatorium treatment, etc.
