Should I pay water bills if no one is registered in the apartment? Is it possible to live in an apartment in which no one is registered?
Hello, Sergey.
In your situation, it is necessary to clarify - who installed the metering devices and for what reason were they not sealed and put into operation?
It is not advisable to install the devices yourself, since before sealing and registration you must present documents from an organization that has the right to carry out this work. On this moment water meters are changed and re-sealed, including after a change of owner (after purchase or exchange). That is, it is necessary to seal meters in any situation where they have been changed or damaged due to mechanical impact. In addition, to Management Company When accruing payment for metering devices, it is necessary not only to seal, but also to register, and this is done only by companies that have the right to draw up documents for them, the main one being the sealing act. Before installing seals, a specialist checks whether water meters are installed correctly and their integrity. The same specialist provides the owner of the apartment or house with a package of documents necessary for registration (in addition to the act, a technical passport is required). When choosing a company, you should check whether it has a license to carry out this type of work.
At this point, you need to find out from the owner the reason for the lack of registration of metering devices. Both sealing and registration will be carried out by the owner.
Are there any fines for the fact that we live in an apartment that is not registered???
Do you have registration at another (main) place of residence?
Place of residence - a residential building, apartment, room, residential premises of a specialized housing stock (service residential premises, residential premises in a dormitory, residential premises of a maneuverable fund, residential premises in a system building social services population and others) or other residential premises in which a citizen permanently or primarily resides as the owner, under a rental (sublease) agreement, a rental agreement for specialized residential premises or on other grounds provided for by law Russian Federation, and in which he is registered at his place of residence.
In other words, to be on the safe side, you can sign a lease agreement with the owner for a period of 11 months, after which it is automatically extended.
According to Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation, residence of a citizen of the Russian Federation at the place of stay or place of residence in a residential premises without registration, or the permission of such residence by the tenant or owner of this residential premises for more than established by law timing -
entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for tenants, owners of residential premises ( individuals) - from two thousand to five thousand rubles; on legal entities- from two hundred and fifty thousand to seven hundred and fifty thousand rubles.
Exemption from liability: - In case of living without registration at the place of stay in a residential premises located in the corresponding locality of a constituent entity of the Russian Federation, if they are registered at the place of residence in another residential premises located in the same or another locality of the same constituent entity of the Russian Federation ; - If the persons living together with the tenant or owner of the residential premises are in relation to him spouses, children (including adopted children), spouses of children, parents (including adopted ones), spouses of parents, grandparents or grandchildren.
That is, you do not face liability for living in your mother’s apartment.
Good luck! I will be glad if my answer is useful to you.
Decree of the Government of the Russian Federation dated 05/06/2011 N 354 (as amended on 03/26/2014) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings")
86. In case of temporary, that is, more than 5 full calendar days in a row, the absence of a consumer in a residential premises that is not equipped with an individual or common (apartment) metering device due to the lack of technical possibility of installing it, confirmed in the manner established by these Rules, the amount of payment for the utility service provided to the consumer in such residential premises is recalculated, with the exception of utilities for heating, electricity and gas supply for the purpose of heating residential (non-residential) premises provided for, respectively, in subparagraphs “d” and “f” of paragraph 4 of these Rules.
If the residential premises are not equipped with an individual or general (apartment) metering device and the lack of technical ability to install it is not confirmed in the manner prescribed by these Rules, or in the event of a malfunction of the individual or general (apartment) metering device in the residential premises and the consumer fails to comply with the requirements paragraph 81(13) of these Rules, the obligation to eliminate its malfunction, recalculation is not made, except for the case of absence of all persons living in the residential premises as a result of force majeure, confirmed by relevant documents.
(clause 86 as amended by Decree of the Government of the Russian Federation dated December 26, 2016 N 1498)
87. The amount of payment for utility services for sewerage is subject to recalculation in the event that the amount of payment for utility services for cold water supply and (or) hot water supply is recalculated.
88. Due to the temporary absence of the consumer in the residential premises, the amount of payment for utility services for general house needs is not subject to recalculation.
89. When applying two-part tariffs, recalculation of the amount of payment for utility services is carried out only in relation to the variable component of the payment, which is determined in accordance with the legislation of the Russian Federation on government regulation tariffs based on the volume of consumption of utility resources. The constant component of the fee attributable to the residential premises occupied by the consumer is not subject to recalculation due to the temporary absence of the consumer from the residential premises, unless otherwise established by the legislation of the Russian Federation on state regulation of tariffs.
90. The amount of payment for utility services is recalculated in proportion to the number of days of the consumer’s temporary absence, which is determined based on the number of full calendar days of his absence, not including the day of departure from the residential premises and the day of arrival at the residential premises.
91. Recalculation of the amount of payment for utility services is carried out by the contractor within 5 working days after receiving a written application from the consumer for recalculation of the amount of payment for utility services (hereinafter referred to as the application for recalculation), submitted before the start of the period of temporary absence of the consumer or no later than 30 days after the end of the period temporary absence of the consumer.
If an application for recalculation is submitted before the beginning of the period of temporary absence of the consumer, the recalculation of the amount of payment for utility services is carried out by the contractor for the period of temporary absence of the consumer specified in the application, but not more than 6 months. If after 6 months, for which the contractor recalculated the amount of payment for utility services, the period of temporary absence of the consumer continues and the consumer filed an application for recalculation for subsequent billing periods in connection with the extension of the period of temporary absence, then the recalculation of the amount of payment for utility services is carried out by the contractor for the period specified in the application to extend the period of temporary absence of the consumer, but not more than 6 months following the period for which the contractor recalculated the amount of payment for utility services.
If a consumer who submitted an application for recalculation before the start of the period of temporary absence did not submit documents confirming the duration of his absence, or the submitted documents do not confirm the temporary absence of the consumer during all or part of the period specified in the application for recalculation, the executor charges utility bills for the period of unconfirmed absence in full in accordance with these Rules and has the right to apply the consequences of untimely and (or) incomplete payment of utility bills provided for in Part 14 of Article 155 of the Housing Code of the Russian Federation.
If an application for recalculation is submitted within 30 days after the end of the period of temporary absence of the consumer, the contractor recalculates the amount of payment for utilities for the period of temporary absence, confirmed by the submitted documents, taking into account the payments previously accrued by the contractor to the consumer for the period of recalculation.
92. The application for recalculation shall indicate the last name, first name and patronymic of each temporarily absent consumer, the day of the beginning and end of the period of his temporary absence from the residential premises.
The application for recalculation must be accompanied by documents confirming the duration of the period of temporary absence of the consumer, as well as an inspection report to determine the lack of technical feasibility of installing individual, general (apartment) metering devices.
(see text in the previous edition)
When submitting an application for recalculation before the start of the period of temporary absence, the consumer has the right to indicate in the application for recalculation that documents confirming the duration of the period of temporary absence of the consumer cannot be provided along with the application for recalculation for the reasons described in it and will be provided after the consumer returns. In this case, the consumer, within 30 days after returning, is obliged to provide the contractor with documents confirming the duration of the period of temporary absence.
93. As documents confirming the duration of the period of temporary absence of the consumer at the place of permanent residence, the following may be attached to the application for recalculation:
a) a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets attached;
b) a certificate confirming that you are undergoing treatment in an inpatient medical institution or at a sanatorium-resort treatment;
c) travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. In case of issuing travel documents in in electronic format the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);
d) invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;
e) document of the body carrying out temporary registration of the citizen at the place of his temporary stay in established by law Russian Federation cases, or a certified copy thereof;
f) a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and the use of which was not carried out;
g) a certificate confirming the period of temporary stay of the citizen at the location educational institution, orphanage, boarding school, special educational and other children's institution with 24-hour stay;
h) a certificate from the consular office or diplomatic mission of the Russian Federation in the host country, confirming the citizen’s temporary stay outside the Russian Federation, or a certified copy of an identity document of a citizen of the Russian Federation containing marks of crossing state border the Russian Federation when leaving the Russian Federation and entering the Russian Federation;
i) a certificate from a dacha, gardening, vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of the dacha, gardening, vegetable gardening partnership;
j) other documents that, in the consumer’s opinion, confirm the fact and duration of the consumer’s temporary absence from the residential premises.
94. The documents specified in paragraph 93 of these Rules, with the exception of travel tickets, must be signed by an authorized person of the organization that issued them ( individual entrepreneur), certified by the seal of such an organization (if any), have registration number and date of issue. Documents must be drawn up in Russian. If the documents are drawn up in foreign language, they should be legalized in in the prescribed manner and translated into Russian.
(as amended by Decree of the Government of the Russian Federation dated December 26, 2016 N 1498)
(see text in the previous edition)
Copies of documents provided by the consumer confirming the duration of the period of temporary absence of the consumer must be certified by the persons who issued such documents, or by a person authorized in accordance with the legislation of the Russian Federation to carry out actions to certify copies of such documents.
The consumer has the right to provide the contractor with both the original and a copy of a document confirming the duration of the period of temporary absence of the consumer. In this case, at the time of accepting the document from the consumer, the contractor is obliged to verify the identity of the copy and the original of the document provided, make a mark on the copy of the document indicating that the authenticity of the copy of the document corresponds to the original, and return the original of such document to the consumer.
95. The Contractor has the right to make copies of the documents presented by the consumer, check their authenticity, completeness and reliability of the information contained in them, including by sending official requests to the authorities and organizations that issued them.
96. If, during the period of temporary absence of the consumer, the contractor, at the request of the consumer, disconnected and sealed the shut-off valves separating indoor equipment in the consumer’s residential premises from in-house engineering systems, and after the consumer’s return by the contractor, during his inspection it was established that the installed seals were intact at the end of the period of temporary absence, then the amount of payment for utilities is recalculated without the consumer submitting to the contractor the documents specified in paragraph 93 of these Rules
97. The results of recalculation of the amount of payment for utility services are reflected:
a) in the case of filing an application for recalculation before the start of the period of temporary absence - in payment documents generated by the contractor during the period of temporary absence of the consumer from the occupied residential premises;
b) in the case of filing an application for recalculation after the end of the period of temporary absence - in the next payment document.
Housing and communal services / Tariffs for housing and communal services
People often ask how rent is calculated for apartments where no one is registered? EnergoVOPROS.ru found out how utility workers in Moscow interpret the situation.
No one is registered in the apartment, how are utility bills calculated?
In the questions and answers section on the website of the State Treasury Institution “Center for Coordination of GU IS” of the city of Moscow (coordinates the activities of the capital’s utility services), one of the visitors asked a question about how payments are calculated for apartments where no one is registered.
The situation is as follows: no one is registered in the apartment, in February 2014 the number of residents in the EPD became 1, previously it was 0, and payments increased accordingly. The accounting department told me that the management company has the right to do this, referring to resolution 831. How correct is this from the point of view of current legislation? How to deal with this?
Rent for apartments where no one is registered. GUIS response
GUIS specialists quickly formulated the answer:
According to the standards of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” and the Moscow Government Decree of November 26, 2013 N 748-PP “On approval of prices, rates and tariffs for housing utilities for the population for 2014" most tariffs are calculated based on total area living space.
In the absence of an individual or common (apartment) metering device cold water, hot water, electrical energy and gas, the amount of payment for utility services for cold water supply, hot water supply, electricity supply, gas supply is determined based on the utility service consumption standards, taking into account the number of persons living in the residential premises.
Besides, public service is calculated taking into account the actual number of service consumers in the apartment, including those not registered. According to clause 56 (1) of the Decree of the Government of the Russian Federation dated 05/06/2011 N 354, the management company has the right to establish the number of residents according to the act.
How to reduce utility costs in an apartment where no one is registered?
Commenting on the officials' response, visitors to the GUIS website expressed a number of practical considerations.
First of all, it is worth saying that such behavior by management companies is not uncommon and indeed in some cases, regardless of whether anyone lives there or not, they begin to charge at least 1 person according to the norms.
On the other hand, not all resource consumers are so disciplined as not to use resources in such an apartment, and some, contrary to the law, do not report living in such apartments where no one is registered... So it turns out that the apartment is as if empty, but in fact, someone lives there, wastes water, but does not pay for it. Or rather, the neighbors pay for it. But we will assume that we are really talking about a case where the apartment is empty, but you have to pay for utilities. What can be done in this case?
First, it’s worth finding out on what basis the accruals were made; perhaps there was an error in the calculations. Or maybe an act was actually drawn up based on the testimony of the neighbors that they live in the apartment, you have every right to receive your copy of this act, then depending on the circumstances.
Accordingly, you can fight in two ways:
- Require the management company to seal closed inlet taps to ensure no water consumption. In this case, to resume access to resources, you will need to call a representative of the management company, otherwise the management company may fully recover according to the norms for the entire period of sealing, because You will not be able to confirm or deny the real date of the seal failure.
- Install metering devices and pay according to the meter; if the management company has any complaints, then you can present the device for inspection with intact seals and readings.