Debts for housing and communal services, like any other types of debts, are considered by civil law as a withholding of funds, for which interest is charged (the so-called "penalties").
Since a legal entity is a party to the supply of housing and communal services, the procedure for calculating the indicated interest must be established directly in the agreement on the supply of services. So please read this agreement carefully.
What is a penalty, the law on the calculation of penalties for utilities
The concept of penalty is established by civil law. Yes, and the general provisions, grounds and procedure for collection, calculation of penalties for housing and communal services are also determined by the Civil Code.
- establishes the possibility of accruing interest on obligations that have a direct monetary value;
- establishes such a type of security for the performance of contractual obligations as a penalty;
- in addition, such a type of security as a penalty is established.
The difference between penalties and forfeit is only that the first can be determined only in the manner of contractual relations, that is, it must be indicated directly in the agreement. And the penalty, in turn, is directly determined by law, so that a special agreement on the calculation of penalties is not required.
Most even professional lawyers believe that it is a penalty that is charged in case of housing and communal services debt, since such a provision is provided directly in the law. So, item 1. and item 14. Article 155 of the Housing Code of the Russian Federation determines the obligation to charge penalties for the provision of housing and communal services to residents.
However, do not forget that this rule is valid only in the absence of an indication in the contract. Since the law gives priority to the contractual regulation of economic relations, the legal penalty is left to the discretion of the creditor, and in this case, the utility service provider.
In addition, only one of the specified interest charges on debts is allowed. That is, the creditor, in this case, public utilities, is not entitled to demand a legal penalty determined by the Housing Code when a penalty is charged in accordance with the terms of the contract.
The procedure and rules for calculating fines, terms and amounts
Penalty for non-payment is calculated for the delay in the performance of a monetary obligation and is presented as a percentage for late payment, accrued for each day of delay. The law, as already mentioned, allows for independent determination of the amount of the penalty for the day of delay.
However, it cannot exceed the maximum limits determined by law.
The amount of the penalty for late payment of electricity, rent
So, today there are rules according to which the amount of the penalty depends on the period of delay:
- if the delay in utility payments is less than 90 days, then the amount of the penalty will be equal to or less (depending on the terms of the agreement) 1/300 of the Central Bank's refinancing rate on the day the delay is discovered;
- if the duration of the delay is more than 90 days, then the amount of the penalty will be equal to or less than 1/130 of the specified rate of the Central Bank. (Actual from January 01, 2016 to the current year 2019.)
Also, the legislation has a rule according to which the total amount of interest accrued as penalties cannot exceed 50% of the total debt.
So, for example, if the debt for housing and communal services is 15 thousand rubles, then the total amount of accruals on this debt cannot be more than 7.5 thousand. But the problem is that even if a delay is detected, residents continue to use housing and communal services, which causes new debts, an increase in their size, and, accordingly, an increase in the size of the penalty. Therefore, if you do not follow the rules of payment, utility bills in some cases turn out to be huge.
From what number are charged
As a general rule, a penalty for housing and communal services begins to accrue from the next day after the day determined as the moment of mutual settlement. Such a date is established in the contract or by the regulations of the utility service in a particular area. So, for example, if the 1st day of the month is defined as such a moment, then from the second day of the specified month, a penalty fee begins to accrue.
In some regions, a notification procedure for paying utility bills is provided. So, the penalty in this order begins to accrue from the next day, after the debtor receives a special bill for housing and communal services. In any case, the notification procedure must comply with the requirements of the law.
In addition, a lot depends on the presence of any intermediary organization such as a Management Company or an HOA. In this case, the procedure for calculating penalties is determined either by an agreement or by the charter of the organization.
Do I have to pay utility bills?
Of course, penalties must be paid. The legislation does not establish the obligation of the creditor to prove in any way the validity of the fine if its amount does not exceed the maximum values established by law. So even going to court is unlikely to ease the burden of payment.
What happens if you don't pay interest
Failure to pay interest results in more debt. For such debts, utility providers can easily disconnect a subscriber from electricity, gas, etc. supply lines. In addition, when the subscriber does not voluntarily pay debts in a notification manner, the supplier has the right to go to court and achieve forced collection of debts.
The supplier itself cannot apply any sanctions. However, the bailiff service may bring persons who do not voluntarily execute court decisions to administrative liability, which is expressed in fines, administrative arrests, etc. In rare cases, they are even prosecuted.
How to pay utility bills
The penalty for housing and communal services is paid in the same way as mutual settlements with the supplier. So, each subscriber is assigned an individual account according to the address of the residential premises.
To date, you can pay debts and penalties in the following ways to make payments:
- through post offices
- through the bank upon notification;
- through payment terminals and Internet banking.
The amounts of penalties and debts for the consumed housing and communal services products are not charged separately. For example, if a subscriber owes 1.5 thousand rubles for consumption and a penalty in the amount of 300 rubles, then he needs to pay 1,800 rubles on the same subscriber account.
How to write off, cancel penalties
The penalty is the prerogative of the creditor and is assigned or canceled at its discretion. Usually, suppliers do not cancel penalties, but taking into account the financial condition of the debtor, they can make a similar decision, as well as provide installment payments.
A fine is written off in cases where it was accrued incorrectly or accrued to a subscriber who no longer lives at the specified address.
In both cases, it is necessary to act quickly and contact the supplier's local office with an application, an agreement on the provision of housing and communal services, and a passport. Usually a decision is made within a week. The answer can be challenged in the judiciary.
Where to find a calculator
The calculator for calculating the exchange rate for housing and communal services is a convenient tool that calculates its size in rubles. There are a lot of such calculators on the Internet. Here is one of them:
Do you have any questions? Write them in the comments!
The longer the debt accumulates, the more severe the penalties:
housing code
It describes all the services for which the owner of the apartment is obliged to pay monthly:
- drainage;
- feed ;
- expenses for landscaping and landscaping of the local area;
- major and current repairs of the building;
- keeping the house in good condition;
- lighting of the local area and entrances;
- etc.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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Video: utility bill
Disabling services
By law, the management company and suppliers do not have the right to suspend the supply of:
- Water supply.
Shutdown procedure:
After the debtor fully pays off with the supplier, his apartment must be reconnected to the supply of public services within two days.
Trial
In case of prolonged non-payment, the management company or service provider may apply to the judicial authorities to recover the entire amount of the debt from the debtor.
With a debt of up to 50,000 rubles, the case will be considered by the world court.
If the debt is greater - in the regular mode in the district court at the place of residence of the defendant.
Typically, management companies try to get a court order to collect existing debts.
With this order of consideration of the case, there is no need to be present in court either for the representatives of the plaintiff or for the defendant himself.
The judge makes a decision based only on the documents presented by the management company or service provider.
After a decision on a case or an order is made, bailiffs are included in the debt collection process.
It is they who have the right to come to the apartment of the debtor, evaluate and describe his property for the purpose of further sale and repayment of debts.
utility bills in 2019
You must have with you:
Every citizen of the Russian Federation is obliged by law to pay for the utilities provided to him on time. If for some reason he does not do this, then the process of calculating penalties for non-payment or late payments begins. To regulate this process, a corresponding law was adopted in October 2015.
Now, from January 1, 2016, utilities have the right to apply the following penalties for non-payment or late payments:
- penalty charge;
- filing a lawsuit to recover debts;
- limit or suspend the provision of its services if non-payment is more than three months.
When collecting debts, to begin with, a notification is sent to the debtor, which indicates the amount of the debt and a proposal to pay it voluntarily before a certain period. Usually such a notice is sent in the form of a registered letter, which is handed over to the debtor against receipt.
When collecting a fine in court, an important role is played by an agreement concluded between the owner of the housing and the Criminal Code or the Housing Office. It is the contract that is the basis for recovering the penalty. If such an agreement has not been concluded, then the plaintiff has the right to be guided by the norms specified in Article 395 of the Russian Civil Code. This law states that the amount of the fine will be set depending on the established refinancing rate.
The generally accepted rule is that it is necessary to pay utility bills every month no later than the tenth day. If services are provided under a contract, then it usually indicates by what date it is recommended to make payment for payments. In case of late or incomplete payment for the services provided, the Russian legal framework provides for the accrual of a penalty, the so-called penalty. These provisions are clearly spelled out in the Housing Code.
The law states that for a delay in paying for the services provided, the homeowner will have to pay a fine. The amount of the fine is established by the relevant law and amounts to a certain refinancing rate of the Russian Central Bank for the entire period of non-payment of the debt. 
The process of accruing fines (penalties) begins after the end of the established payment period, immediately on the next day. Penalty will accrue until the entire debt is repaid.
The Rules for the provision of public services provide that if the owner of housing in an apartment building cannot pay off all the debt for good reasons, then it is necessary to contact the relevant services to conclude an installment payment agreement. A good reason is dismissal from work, loss of a breadwinner, etc. In order to avoid charging penalties, it is recommended that you immediately contact the housing office with such a problem.
The procedure for calculating the penalty from January 2016
For citizens of housing cooperatives and homeowners associations, since 2016, the law indicates that penalties will be charged according to the following scheme:
- during the first month no penalty is charged;
- in case of delay from two to three months, interest is charged at 1/300 of the refinancing rate of the Russian central bank;
- the new law also states that after three months the amount of the penalty will increase to 1/130 of the refinancing rate for each overdue day;
- the law allows services to be disconnected or to go to court if the landlord continues to ignore payment.
For company managers and enterprises, the law provides for the following fines:
- if the delay period is 3-4 months, then the refinancing rate will be 1/170;
- if the period of delay is more than 91 days, the daily rate will be 1/130.
Amounts of fines stipulated by legislative acts
The law also provides for increased administrative liability if the homeowner arbitrarily connects to electricity and heating networks, gas pipelines or water supply. So the penalty is:
- for individuals - from 3000-4000 to 10000-15000 rubles;
- for persons holding managerial positions - from 6,000–8,000 to 30,000–80,000 rubles;
- for legal persons - from 60,000-80,000 to 100,000-200,000 rubles;
The law also provides for fines if the consumer violates the restriction regime established for the consumption of electricity. Thus, the fines are as follows:
- for legal entities - 100,000–20,000 rubles;
- for persons holding leadership positions - 10,000–100,000 rubles.
Debt collection through the courts
The process of debt collection itself is not regulated at the legislative level. That is why it often happens that when collecting debts from debtors, the housing office has to go to court. Law 
allows such actions. This option of dealing with debtors today is very effective.
Debt collection issues are resolved in court in two ways:
- the method by which the writ is issued;
- the method by which judges consider the claim.
The method by which an application for a writ is filed is simpler and takes relatively little time. The whole procedure takes three weeks. After this time, the bailiff of the performer has the right to proceed with the collection of the debt. A big plus for the state when collecting debts in this way is that the debtor will be required to pay a state fee of 50%.
This method is not always available and has significant disadvantages, namely:
- there are a number of essential requirements for documentation;
- existence of disputes;
- the possibility of the debtor filing objections against the execution of the order. In this situation, the judge usually cancels the order. If this happens, then in the future you can only file a claim.
When collecting debts, a more suitable option is the method of filing a claim. In this case, the plaintiff must prove that:
- the debtor must bear such costs. To do this, documents are presented confirming that the premises belong to the defendant;
- the debtor has a certain amount of debt. To do this, it is enough to present a bank statement on the payments made. It is also necessary to provide the volumes certified by the regulatory authorities that were spent by the debtor and indicate the tariffs established at the legislative level;
- the plaintiff has the legal right to demand the fulfillment of obligations from the defendant. To do this, you can provide minutes on the choice of the management company, as well as other documents approved at the general meeting.
In order to avoid unnecessary problems and hassle, it is recommended to pay for the provided utility services on time. It is also desirable to avoid late payments and the formation of debt. If this happens, then it is necessary to start the procedure for repaying the debt as soon as possible. In this case, you can avoid the accrual of penalties.
The most acute moment in the relationship between utility consumers and their suppliers has been and remains the delay in payment. Management companies and resource-supplying organizations directly depend on payments from the population.
If the amount of debt becomes critical, it can simply lead to the bankruptcy of the company. Therefore, fines against non-payers - penalties - only grow every year.
In simple terms, a penalty is a penalty that is charged from the debtor because he has a large delay in utility payments.
The size of the fine differs 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 fees have changed in 2016
A penalty is a penalty for non-payment of utility bills for more than 1 month
In November 2015, Federal Law No. 307-FZ was adopted, 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 improving 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 will be subject to penalties - those who are more than a month late in payment. That is, you have 30 days to pay the invoice on the receipt.
Terms of accrual and penalties
For an individual - that is, for most consumers of utilities - the amount of the penalty will depend on exactly how many days the payment was not made. It used to be like this: penalties were charged if you did not pay by the 10th day of the month following the month of accrual. Now the following scheme is in effect:
- 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 91 days, the interest 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 has combined the refinancing rate with the key rate, which is currently 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 in the calculation of penalties.
Calculation examples for the new system
For ordinary owners of apartments and private houses, the following schemes for calculating penalties 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 delay in payment, you will be charged daily interest 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 "drip" 132 rubles of penalty.
- Starting from the 91st day, the penalty rate rises to 1/130 of the rate. If we count all the same 6,000 rubles, then in the fourth month you will already be charged 5.08 rubles a day. That is, for the fourth and each subsequent month you will have to pay 152.4 rubles. Thus, penalties for late payments of six months will amount to almost 590 rubles. However, do not forget that all these months you will be charged new utility bills. And if you do not pay for them, then the amount of the penalty will increase significantly.
Penalty differentiation
As already mentioned above, the penalty for delaying utility payments varies depending on the legal status of the consumer of housing and communal services. For management companies, individuals, legal entities, HOAs and building cooperatives, they will be different.
For example, for heat supply organizations, water supply and sanitation enterprises, management companies, the fines will be as follows:
- from 1 to 60 days of delay in 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 refinancing rate of the Bank of Russia.
For legal entities not associated with the above 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 terms for calculating penalties may differ. It is best to clarify them with your service organization - UK or HOA.
What else did the new law bring
In addition to charging penalties, utilities can also be turned off for non-payment
In addition to changing the system for accruing and collecting penalties for late payment of utilities, amendments to the legislation touched on another measure of punishment for violators.
As you know, in addition to penalties, resource-supplying organizations have the right to limit or completely stop the supply of electricity, heat, water and gas. Of course, before cutting off the consumer from the energy source, there will be several warnings.
Usually the first action is to turn off the light in an apartment, a private house or an entire building. There are frequent cases when, after a visit by an electrician and cutting wires, residents arbitrarily connect. Such actions are a violation of not only the current legislation, but also safety precautions. Therefore, amendments to the law significantly increased the penalties for such arbitrariness.
Now, if an independent connection to electricity 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.
Can penalties be avoided?
In some situations, penalties for late utility payments can be avoided. If you have to leave the city for a long time, then you should first visit the management company and write a corresponding application. After that, you will not be charged penalties if the apartment is really empty.
This deferral is only valid for six months. If you plan to leave for a longer period, then the next application can be sent by mail.
Remember that you will be recalculated only for electricity, water, gas and sewerage. You will still have to pay for heating and maintenance of common areas.
The recalculation and cancellation of the penalty can be done even after you have left for a long time. But here you can not hesitate: according to the law, an application can be written only within a month after your return. In addition, as confirmation of your absence, you must provide evidence: travel documents, a certificate of sanatorium treatment, etc.
Light / Power outage
In 2016, Russia tightened sanctions for non-payers for utilities and resources. Now accumulating debts for electricity has become even less profitable. Late fees increase proportionally depending on how much the payment of the energy resource is delayed.
How is the penalty for electricity arrears calculated?
The legislation establishes the following procedure: the presence of an unpaid invoice during the first month remains without consequences, but from the second month penalties are charged.”
Suppose a consumer has accumulated a debt of five thousand rubles, the delay was 150 days. The refinancing rate of the Central Bank today is 9%. No interest is charged for the first 30 days.
For the next 60 days, penalties are calculated as follows: 5000 (the amount of the debt) is multiplied by 60 (the number of days of delay), the resulting number is multiplied by 9 (the refinancing rate) and divided by 300. The final number is obtained in kopecks, so it must be divided by 100. Penalty will be 90 rubles.
If the delay exceeds 150 days, then over the next 60 days the amount of the penalty will more than double: you need to divide the resulting number not by 300, but by 130. If you add charges for monthly electricity consumption here, then the amount of debt can be very impressive.
Under what conditions can electricity be turned off for debts?
If the consumer ignores payment, the resource provider has the right to apply to the courts. According to the court, not only the main debt is collected, but also legal costs, that is, in addition to the main debt, the client will also have to pay state duty.
If the debt for electricity exceeds the sum of two monthly fees calculated on the basis of the consumption standard, the energy retail company has the right to limit the supply of electricity. This rule applies to all clients, regardless of the presence of a meter. That is, if a consumer uses electricity more than twice the norm in a month, he can be disconnected from the network as early as next month if he does not pay on time.
"Normative" is an average indicator, and, as a rule, it differs from actual consumption, is set by regional authorities and may differ in different subjects of the federation. For example, in the Moscow region, for two people living in a two-room apartment in a house with gas stoves, it is 88 kilowatt-hours per person.
The amount of debt due to which residents can turn off electricity is calculated as follows:
88 kilowatt-hours (standard) is multiplied by two (number of residents), multiplied by two months, then multiplied by the tariff (5.04 rubles per kilowatt-hour).
It turns out 1774.08 rubles. If the amount of the debt exceeds this number, the energy supply company has the right to limit or disconnect the apartment from the energy supply.
It is possible to return electricity only after paying the debt and expenses of the grid organization for carrying out technical measures to disconnect / connect the facility to the power grid. Depending on the distance, the type of restriction and the complexity of the work, the amount can range from one to six thousand rubles.
Also, persistent non-payers can seize or seize property, seize funds in bank accounts, including credit cards. In addition, debtors will not be able to travel abroad or get a bank loan.