To describe the mechanism for calculating penalties for housing and communal services (HCS), it is necessary to define the basic terms. The first is the due date. In accordance with the norms of the current legislation, payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement or by decision of the general meeting of members of a homeowners association, housing cooperative or other specialized consumer cooperative () .
The second is, in fact, the penalties themselves for late payment or, in other words, penalties. The Housing Code allows resource-supplying and management companies to influence non-payers in accordance with paragraph 14 of the same article 155:
Persons who have late and (or) not paid in full payment for housing and utilities are obliged to pay to the creditor a penalty fee in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay starting from the thirty-first day following the day of the due date of payment, to the day of actual payment made within ninety calendar days from the date of the due date of payment, or until the expiration of ninety calendar days after the day of the due date of payment, if payment is not made within ninety days produced. Starting from the ninety-first day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of one hundred and thirteenth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay. An increase in the amount of fines established by this part is not allowed.
This paragraph introduces another new term: refinancing rate. The value of the rate can be found on the official website of the Central Bank of the Russian Federation. At the current moment (04.02.2016) the rate is 11.00%. Please note that the rate is indicated as a percentage and in order to calculate the penalty it must be converted into shares: Rate = 11.00% / 100% = 0.11.
According to the 14th paragraph of the 155th Housing Code of the Russian Federation, the following formulas are used for the calculation (no penalties are charged for the first 30 days of delay):
- from the 31st day to the 90th: debt for housing and communal services * refinancing rate / 300 * number of days of delay in payment
- from 91st: debt for housing and communal services * refinancing rate / 130 * number of days of delay in payment
The calculation of the number of days of delay starts from the next day after the due date of payment. Those. if the payment term is set on the 10th day of the month, then the countdown of the number of days of delay will begin on the 11th day and will continue until the full repayment of the amount of the debt (including the repayment date).
Calculation examples
First example:
- The amount of debt for housing and communal services as of February 10, 2016 is 2300.00 rubles. Of these, 1100 rubles. - for January 2016 and 1200 rub. for December 2015.
- The payment was received on the 19th of the same month.
- Number of days past due: 9 (11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th and 19th).
The calculation of penalties, in this case, will look like this:
1200.00 * 0.11 / 300 * 9 = 3.96 rubles.
Second example:
- The amount of debt for housing and communal services as of March 10, 2017 is 8571.28 rubles. Of these, 701.27 rubles. for October 2016, 1650.88 rubles. for November 2016, 1971.01 for December 2017, 2096.50 rub. for January 2017 and 2151.62 rubles. for February 2017.
- The payment was received on the 15th of the same month.
The initial data for the calculation, based on the described conditions, will be as follows:
- from December 11, 2016 to February 08, 2017 (60 days) in the amount of 701.27 rubles. (October 2016 debt) 1/300 of the refinancing rate is used;
- from February 09, 2017 to the date of payment (03/15/2017) (35 days) in the amount of 701.27 rubles. (October 2016 debt) 1/130 of the refinancing rate is used;
- from January 10, 2017 to March 10, 2017 (60 days) in the amount of 1650.88 rubles. (debt for November 2016) 1/300 of the refinancing rate is used;
- from March 11, 2017 to the date of payment (03/15/2017) (5 days) in the amount of 1650.88 rubles. (debt for November 2016) 1/130 of the refinancing rate is used;
- from February 10, 2017 to the date of payment (34 days) in the amount of 1971.01 rubles. (debt for December 2016) 1/300 of the refinancing rate is used;
- from March 13, 2017 to the date of payment (3 days) in the amount of 2096.50 rubles. (debt for January 2017) 1/300 of the refinancing rate is used;
- the period of delay in payment for February in the amount of 2151.62 rubles. has not yet arrived (less than 31 days), so the calculation is not performed.
701.27 * 0.11 / 300 * 60 + 701.27 * 0.11 / 130 * 35 + 1650.88 * 0.11 / 300 * 60 + 1650.88 * 0.11 / 130 * 5 + 1971, 01 * 0.11 / 300 * 34 + 2096.50 * 0.11 / 300 * 3 \u003d 106.38 rubles.
Upon receipt of payment, the debt must always be closed according to FIFO (acronym First In, First Out - "first in, first out"). Therefore, if in the above example a partial payment is received in the amount of 5000 rubles, then the debt for October 2016 in the amount of 701.27 rubles will be paid off first, then for November 2016 in the amount of 1650.88 rubles. etc.
Calculation of penalties in the software package RCC: Office fully complies with the requirements of the current legislation, which can be clearly seen in the following screenshot.
In today's difficult situation in the economy, everyone can get into a situation where, for some reason, they are overdue.
Organizations supply resources (heat, light, water), provide them with their residential and commercial areas, collect payments from the population, control the volumes of consumed and supplied services. The population consumes utility services and is obliged to pay for them in full on a monthly basis. If somewhere in this chain there is a failure, all its participants and respectable payers suffer too. Critical amounts of debt can lead to the bankruptcy of each of these links.
Each owner, tenant under a social tenancy agreement, tenant of residential and commercial real estate due by the 10th of every month pay for the housing and communal services consumed by him in full for the previous month.
Other terms can be prescribed only in the management contract, but they are also regulated by law. This does not include communications and telecommunications services. They are governed by the Communications Act. Their payment must be made before the 20th day of the current month for consumption in the past.
Taking into account your interests, the interests of management companies and resource supply organizations, the Government has adopted a number of documents that regulate in detail all actions for paying utility bills by the population. These are Federal Law No. 307 of November 3, 2015, the Civil Code of the Russian Federation (Articles 317, 330, 332), the RF Housing Code (Article 155), the Rules for the provision of public services. They must tighten the payment discipline of all participants in this process.
For each subscriber assigned to an individual account according to the residential address.
When is the debt considered?
They say you have 30 days to pay the receipt. Already on the 31st day penalties will begin to accrue.
How to check your debt
There are several ways to do this:
Bank personal account
There are no downsides to this method. Only pluses.
For this you need:
- Register on the website of the bank where you are served.
- Open your personal account.
- By your last name and personal account number, find out your debt at the current moment. Here you can later pay your debts.
You will never again have to go somewhere and waste time waiting in lines. The whole process may take 7-12 minutes. On the websites of the leading banks in our country, you can find video instructions if you have any difficulties.
On the site of the management company
The disadvantage of this method may be that not all MCs today have their own websites. In each case, the instructions for checking debts will be individual, depending on the menu of the site.
Portal "Gosuslugi"
Procedure:
If a debt has formed, you must receive a separate receipt by mail with accrued penalties, this is another of the latest innovations in legislation.
What is Peni
Penalty is a percentage (penalty) for late payment for consumed services.
This is a kind of payment for the use of other people's money. After all, we are used to paying bank loans on time. It's the same here. The management company, in fact, gives you a loan, and it, in turn, is credited by the company that supplies it with a specific resource. This cannot continue indefinitely. For the normal functioning of the entire system, money must be paid on time by everyone. Sanctions will be imposed only on persistent non-payers, those who overdue payment for more than 30 days.
Fines for the population (most consumers of housing and communal services) will be determined by the number of days of delay in payments. 
Calculation rules
31 to 90 days on which you decide to pay the fine, it will be equal to 1/300 of the key rate of the Central Bank for each day of non-payment .
Over 91 days penalties will grow and become equal 1/130 of the key rate .
For 2019 the key rate is 7.75%. It depends on external and internal factors of the financial and economic state of the country.
Consider an example. You are the owner of a privatized apartment. Your debt is 4000 rubles. On the 31st day of delay in payment, you will begin to accrue penalties as follows: 4000*0,09*1/300
. It turns out 1.2 rubles per day. For a month on the debt that was taken as a basis, you will already have to pay about 108 rubles of interest. Starting from the 91st day, the coefficient in the penalty increases to 1/130 of this rate. Using the same formula, we already get 2.77 rubles a day. Every month, starting from the fourth, in addition to the initial amount of the debt, it is necessary to pay another 83 rubles of a fine.
For six months, approximately 357 rubles of penalties will be obtained. It is important to remember that every month you will be issued new receipts. Debt can accumulate like a snowball, if you do not pay them too, then they (separately from each) will be charged interest according to the same scheme until the debt is fully repaid.
Increasing the interest rate is not allowed. Penalty amount can be established in an agreement with the management company, but it cannot be higher than the limits prescribed by law.
If the service user not an individual, but a legal entity, not connected in its activities with the supply of resources to the management company, HOA, penalties are applied immediately from the first day of delay in payments with a coefficient of 1/130. Accordingly, they are much higher than for the population. The Management Companies themselves for late payment towards organizations that supply resources to the population are punished with the same higher fines.
The management company is not obliged to inform the tenants additionally about the moment of accrual of penalties. Residents/tenants themselves are responsible for timely and full payment.
Consequences for debtors
Lending companies can the following actions:
If you decide after an electrician's visit and a power outage connect yourself, these actions will contain two violations: safety precautions and arbitrariness when connecting to networks. Sanctions for such actions have increased.
These acts will result in the imposition of fines:
- for the population - 15 thousand rubles;
- executives of organizations up to 80 thousand rubles;
- enterprises up to 200 thousand rubles.
You must reconnect to the supply of utilities within two days after you provide a receipt for full payment of debts.
When you can not pay fines
Situations where you can Avoid penalties, write off or cancel them:
Judicial resolution of disputes
At total debt less than 50 thousand rubles the case is heard by the Supreme Court.
If the amount is greater in the district (city) court at the place of residence of the defendant.
Management companies often try to get a court order to collect existing debts. In this case, there is no need for both parties to be present in court. The judge makes a decision on the basis of documents received from the Management Company or the service provider. If there is a court decision or order, bailiffs are involved in the process. Only they have the right to come to the apartment, evaluate and describe the property of the defaulting owner.
Registration of a subsidy
If you find yourself in a difficult financial situation, unable to pay utility bills and interest on them, you can apply for subsidies to pay utility bills.
The mechanism for obtaining them was created by the Government of the Russian Federation. Required condition the amount of regular payments for utilities should be about 20% of the family budget and above.
good reasons under which subsidies can be issued:
These reasons must be confirmed by documents or the testimony of witnesses.
To consider the issue of issuing subsidies, you must contact the Management Company with an application.
The documents that must be submitted in order to consider the issue of obtaining subsidies:
- A document confirming the ownership of an apartment or a social contract of employment.
- Certificate of family composition and income of each family member for the last year.
- Certificates confirming the disability of individual family members, certificates from the place of study, death certificate, etc.
- Bank card number or account number for receiving a subsidy.
Subsidy provided for up to 6 months.
After this time, the procedure for submitting documents may be repeated.
Try to pay utility bills on time as much as possible, do not receive penalties, do not drive yourself into a very unpleasant situation related to debts.
Recently, the leadership of the Ministry of Construction and Housing and Public Utilities announced that the volume of debts of enterprises and citizens for utilities exceeded 1.3 trillion rubles.
At the same time, despite the sometimes difficult financial conditions, the bulk of the population pays regularly. In recent years, the percentage of non-paying individuals has practically not grown and is about 5%. Basically, debts are not paid by legal entities, including management companies.
One of the main tasks of the Ministry of Construction and Housing and Public Utilities on this topic for the near future sees the creation of Unified Information and Settlement Centers (UIRC), with the help of which the state will be able to collect payments, bypassing intermediaries and send them directly to organizations supplying resources.
Recently, such pilot centers have already been opened in some cities of Russia. One of them started work and is successfully developing in the Yaroslavl region.
See the following video about the new rules for calculating fines for debts for paying utility bills that have come into force since the beginning of 2016:
1. Consumers of thermal energy purchase thermal energy (capacity) and (or) heat carrier from a heat supply organization under a heat supply agreement.
2. In the heating system:
1) the unified heat supply organization determined by the heat supply scheme is obliged to conclude a heat supply agreement with any heat consumer who applied, whose heat-consuming installations are located in this heat supply system;
2) a person who owns heat energy sources by right of ownership has the right to conclude long-term heat supply contracts with consumers;
3) a person who owns, by right of ownership or otherwise legally, sources of heat energy, has the right to conclude heat supply contracts with consumers in cases established by the rules for organizing heat supply, approved by the Government of the Russian Federation.
3. The unified heat supply organization and heat supply organizations owning heat sources and (or) heat networks in the heat supply system on the basis of ownership or other legal grounds are obliged to conclude contracts for the supply of heat energy (capacity) and (or) heat carrier in relation to the volume of heat load, distributed in accordance with the heat supply scheme. The contract for the supply of heat energy (capacity) and (or) heat carrier is concluded in the manner and on the terms that are provided for by this Federal Law for heat supply contracts, taking into account the specifics established by the rules for organizing heat supply, approved by the Government of the Russian Federation.
4. Heat supply organizations, including the unified heat supply organization, and heat network organizations in the heat supply system are obliged to conclude contracts for the provision of services for the transfer of heat energy and (or) heat carrier in the amount necessary to ensure heat supply to consumers of heat energy, taking into account losses of heat energy, heat carrier during their transfer. The costs of ensuring the transfer of thermal energy and (or) heat carrier through thermal networks are included in the tariff for thermal energy sold by the heat supply organization to consumers of thermal energy, in the manner established by the pricing principles in the field of heat supply, approved by the Government of the Russian Federation.
5. The place of fulfillment of the obligations of the heat supply organization is the point of delivery, which is located on the border of the balance belonging of the heat-consuming installation or heat network of the consumer and the heat network of the heat supply organization or heat network organization or at the point of connection (technological connection) to the ownerless heat network.
6. In the event that ownerless heat networks (heat networks that do not have an operating organization) are discovered, the local self-government body, prior to recognizing the ownership of the said ownerless heat networks, within thirty days from the date of their discovery, is obliged to determine the heat grid organization whose heat networks are directly connected to the specified ownerless heat networks. heat networks, or a single heat supply organization in the heat supply system, which includes the said ownerless heat networks and which maintains and services the said ownerless heat networks. The regulatory body is obliged to include the costs of maintaining and maintaining ownerless heating networks in the tariffs of the relevant organization for the next period of regulation.
7. The heat supply contract is public for a single heat supply organization. The unified heat supply organization is not entitled to refuse to conclude a heat supply contract with a consumer of heat energy, provided that the specified consumer complies with the technical conditions for connecting (technological connection) to the heat networks of capital construction objects belonging to him (hereinafter referred to as technical specifications) issued to him in accordance with the legislation on urban planning activities.
8. The terms of the heat supply contract must comply with the technical specifications. The heat supply contract must determine:
1) the volume of thermal energy (capacity) and (or) heat carrier to be supplied by the heat supply organization and purchased by the consumer;
2) the value of the heat load of heat-consuming installations of the consumer of thermal energy, the parameters of the quality of heat supply, the mode of consumption of thermal energy;
3) authorized officials of the parties responsible for the fulfillment of the terms of the contract;
4) responsibility of the parties for non-compliance with the requirements for the quality parameters of heat supply, violation of the mode of consumption of thermal energy, including responsibility for violation of the conditions on the quantity, quality and values of the thermodynamic parameters of the returned heat carrier;
5) the responsibility of consumers for non-fulfillment or improper fulfillment of obligations to pay for thermal energy (capacity) and (or) heat carrier, including obligations for their advance payment, if such a condition is provided for by the contract;
6) the obligations of the heat supply organization to ensure the reliability of heat supply in accordance with the requirements of technical regulations and with the rules for the organization of heat supply, approved by the Government of the Russian Federation, and the corresponding obligations of the consumer of heat energy;
7) other essential conditions established by the rules for the organization of heat supply, approved by the Government of the Russian Federation.
9. Payment for thermal energy (capacity) and (or) heat carrier is carried out in accordance with the tariffs established by the regulatory body, or prices determined by agreement of the parties, in cases provided for by this Federal Law.
9.1. A consumer of heat energy who has not timely and (or) not fully paid for heat energy (capacity) and (or) heat carrier under a heat supply agreement is obliged to pay a penalty to the unified heat supply organization (heat supply organization) in the amount of one hundred and thirtieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day actual payment, from the amount not paid on time for each day of delay, starting from the next day after the day of the due date of payment until the day of actual payment.
9.2. Associations of homeowners, housing, housing construction and other specialized consumer cooperatives established to meet the needs of citizens in housing, acquiring thermal energy (capacity) and (or) heat carrier for the purpose of providing public services, in case of late and (or) incomplete payment heat energy (capacity) and (or) heat carrier shall be paid to the unified heat supply organization (heat supply organization) penalties in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay starting from the thirty-first of the day following the day of the due date of payment, to the day of actual payment made within ninety calendar days from the date of the due date of payment, or before the expiration of ninety calendar days after the day of the due date of payment, if on ninety days wed ok payment not made. Starting from the ninety-first day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of one hundred and thirteenth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.
9.3. Management organizations acquiring thermal energy (capacity) and (or) heat carrier for the purpose of providing public services, organizations providing hot water supply, cold water supply and (or) sanitation under hot water supply contracts and hot water supply contracts, as well as heat supply organizations acquiring thermal energy (power) and (or) coolant under the contract for the supply of thermal energy (power) and (or) coolant, in case of untimely and (or) incomplete payment of thermal energy (power) and (or) coolant are paid to a single heat supply organization (heat supply organization) penalties in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay, starting from the day following the day of the due date of payment, until the day of actual payment made within sixty calendar days days from the day of the due date of payment, or before the expiration of sixty calendar days after the day of the due date of payment, if payment is not made within sixty days. Starting from the sixty-first day following the day of the due date of payment, to the day of actual payment made within ninety calendar days from the date of the due date of payment, or until the expiration of ninety calendar days after the day of the due date of payment, if payment is made within ninety days not made, penalties are paid in the amount of one hundred and seventieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay. Starting from the ninety-first day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of one hundred and thirteenth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.
9.4. Owners and other legal owners of premises in multi-apartment buildings and residential buildings in the event of late and (or) incomplete payment for thermal energy consumed by them when receiving public services, pay penalties in the amount and in the manner established by housing legislation.
10. Heat supply to consumers is carried out in accordance with the rules for organizing heat supply, which are approved by the Government of the Russian Federation and must contain:
1) essential terms of the heat supply contract;
2) the procedure for organizing the conclusion of contracts between heat supply organizations and heat network organizations operating within the same heat supply system;
3) the procedure for limiting and stopping the supply of thermal energy to consumers in case they fail to fulfill their obligations to pay for thermal energy (capacity) and (or) heat carrier;
4) the procedure for limiting and stopping the supply of thermal energy to consumers in case of violation of the terms of the agreement on the quantity, quality and values of the thermodynamic parameters of the returned heat carrier and (or) violation of the mode of consumption of thermal energy, significantly affecting the heat supply to other consumers in this heat supply system, as well as in case non-compliance with the mandatory requirements for the safe operation of heat-consuming installations established by technical regulations, rules for the technical operation of heat supply facilities and heat-consuming installations;
5) essential terms of contracts for the provision of services for the transfer of heat energy;
6) the procedure for concluding a heat supply contract if the premises located in the same building belong to two or more persons or are used by them;
7) the procedure for settlements under a heat supply contract and contracts for the provision of services for the transfer of heat energy;
8) features of the organization of heat supply in the presence of the possibility of controlling the flows of thermal energy, heat carrier in the heat supply system, in which sources of thermal energy are owned by right of ownership or on other legal grounds by three or more persons;
9) the procedure for determining thermal energy consumers and heat supply organizations obliged to provide security for the fulfillment of obligations to pay for thermal energy (capacity) and (or) heat carrier supplied under heat supply contracts, heat supply and hot water supply contracts, contracts for the supply of thermal energy (capacity) and ( or) coolant, and the procedure for providing the said security, which establishes, among other things, the rules for determining the term and amount for which the security for the fulfillment of obligations is provided, as well as the requirements for the conditions for its provision;
10) features of the organization of heat supply in heat supply price zones, taking into account the provisions of Chapter 5.1 of this Federal Law, including:
A) the procedure for the fulfillment by a single heat supply organization of obligations to comply with the values of heat supply quality parameters and parameters reflecting permissible interruptions in heat supply;
B) the procedure for reducing the amount of payment for thermal energy (capacity) by a single heat supply organization in case of non-compliance with the values of parameters of heat supply quality and parameters established by the parties to the agreement and parameters reflecting allowable interruptions in heat supply, including the formula for reducing the amount of payment for thermal energy (capacity), the procedure for the consumer to apply to a single heat supply organization for the specified reduction in the amount of payment for thermal energy (capacity), cases in which the specified reduction in the amount of payment for thermal energy (capacity) is not made;
C) the procedure for presenting recourse claims against a person found guilty of exceeding the established deviations of the values of heat supply quality parameters and parameters reflecting permissible interruptions in heat supply to consumers by a single heat supply organization;
D) requirements for the standards of interaction of a single heat supply organization with heat supply organizations that own heat sources on the right of ownership and (or) on other legal grounds;
E) requirements for service quality standards by a single heat supply organization for consumers of thermal energy;
11) the procedure for deprivation of the status of a unified heat supply organization, including the procedure for the forced deprivation of the status of a unified heat supply organization on the basis of a decision of the antimonopoly body in accordance with Part 6 of Article 4.2 of this Federal Law.
11. Heat network organizations or heat supply organizations acquire thermal energy (capacity), heat carrier in the amount necessary to compensate for the loss of heat energy in the heat networks of such organizations from a single heat supply organization or compensate for these losses by generating heat energy, heat carrier by sources of heat energy belonging to them on the right of ownership or other legal basis and connected (technologically connected) to one heat supply system.
Judicial practice under article 15 of the Federal Law of July 27, 2010 No. 190-FZ
Decision dated January 9, 2019 in case No. А40-181088/2017
Arbitration Court of the City of Moscow (AC of the City of Moscow)
After examining the case materials and evaluating the evidence presented in the aggregate, I came to the following conclusions. It follows from the materials of the case that the plaintiff, on the basis of a lease agreement No. 14-i/15 dated 09/01/2015, was transferred to temporary possession and use of property intended for the implementation of heat supply activities located on the territory of the Shchapovskoye settlement. Based on the results of the open...
Decision dated December 24, 2018 in case No. А56-104332/2018
Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)
The obligation to prove instead of the relevant party violates such fundamental principles of the arbitration process as competitiveness and equality of the parties (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 15.10.2013 No. 8127/13). Claims in terms of debt collection are subject to satisfaction in the stated amount. According to Article 330 of the Civil Code of the Russian Federation, a penalty (fine, penalties) is recognized as determined by law or ...
Decision dated December 6, 2018 in case No. А29-5262/2018
Arbitration Court of the Republic of Komi (AC of the Republic of Komi)
The period from 03/01/2017 to 06/08/2017, the penalty accrued on the amount of the debt, starting from the date of filing the claim, taking into account clause 9.1. article 15 of the Federal Law "On Heat Supply" until the day of actual payment of the debt in full. By the ruling of the Arbitration Court of the Republic of Komi dated April 28, 2018 in case No. A29-5262/2018, the above...
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!
What awaits non-payers of fees for? Is it possible to postpone or move payment due dates in difficult circumstances? How do representatives of the housing authority have the right to deal with persistent non-payers, and where can you find out your debt? The answers to all these questions are below.
Payment terms and their legal justification
To produce, you need to have a basis document (invoice or “girirovka”) on hand, which must be delivered to you no later than the first day of the month following the current. This is provided for in Article 155 of the LC RF.
The consumer has 10 days to settle this account. The boundary number is the 10th day of the month in which the receipt was received. However, this is standard legislation. There are options for changing this date, if such is provided for in the contract between the consumer and the Managing Organization.
If the payment was not made on time, then a penalty fee will be charged. This fact is enshrined in paragraph 14 of Article 156 of the LC RF. Provided that the delay is permanent, the consequences for the negligent consumer can be very different, from forced collection of the amount of debt before expulsion from the apartment.
What is considered a debt for housing and communal services and how is it regulated by law?
Payment for housing and communal services not made on time, or its complete absence, entails the occurrence of debt for the delivered (received):
- cold water
- hot water
- electricity,
- water drainage system,
- warm,
- garbage disposal and the like.
How much will it cost decide local authorities.
Legislators determined that:
- the cut-off date for payment for these services - 10th of every month(or the period established by the agreement) - paragraph 1 of Article 155 of the RF LC;
- make changes to the boundary, for payment, dates on general meeting of owners of an apartment building- paragraph 1 article 162 of the LC RF.
Important! All 17 paragraphs of Article 155 of the LC RF provide explanations regarding all the subtleties of making payments for utilities.
In what cases is the debt accrued?
Not everything in our lives goes smoothly, and if the country is prone to economic crises, then we are even more so. And in such a difficult period for us, debts for housing and communal services may appear. You may be charged for two reasons:
- late payment,
- not exercising it at all.
There is an opinion that defaulters are simply deprived of the opportunity to use these services by turning them off. But there are other methods of influence:
- For overdue days charge a penalty. If there was no surcharge, then for this amount, taking into account the days that have passed before its repayment.
- Restrict or suspend service delivery, in the absence of payment for it for more than a quarter.
- Collect debts through the judiciary.
- evict from public housing by court order.
What are penalties and when do they accrue?
This is a method of punishment for late or complete non-payment of utility services received. Its purpose is to stimulate and discipline consumers to fulfill their obligations in full and on time.
For it to be calculated, the following features must be present:
- receipt for payment is provided on time;
- the deadline for payment has expired;
- entered incomplete;
- no repayment as such.
Important! The managing organization has all legal rights to terminate the contractual relationship with a persistent non-payer if he does not fulfill his obligations to pay for the services provided to him.
The start of accrual is the day following the border for payment (11th day of the month).
End of accrual - the day of payment, which will be included in the total period of delay.
How is the penalty calculated?
For each day overdue, the entire amount of the receipt or part of it (partial payment on time) will be charged one three hundredth from the full refinancing rate of the Central Bank of the Russian Federation, effective at the time of payment. According to approximate calculations, this amount is equal to 30 kopecks for 1 day.
If such a situation arises, and you want to avoid more serious consequences of non-payment, it is possible to carry out payment by installments or deferred payment. This provision is statutory.
So, to put this into practice, you need to contact your Management Company with the appropriate application.
We also recommend checking the presence of a debt and not believing sacredly in the data written on the receipt. There are many nuances that will provoke debt, and it is useless to fight it, but it can be prevented. For people who are used to controlling their expenses, special calculator programs have been developed that produce the calculations you need. Finding the right program utility bill calculator on the Internet, in online mode, enter the necessary data and get the result. If you find an error, visit your managing organization on the day of payment.
How to find out your arrears in paying utility bills: all ways
managing organization. When contacting her, you will receive in your hands the most up-to-date information about your debts to her. Here you can apply for installments or deferred payment if you are unable to repay the entire debt or in full. You will also be given new receipts where everything will be taken into account. In addition, you can get a single promissory note.
Important! If your agreement with the Managing Organization does not contain a clause on payment for electricity, then for information on debts on it, you will need to visit its direct supplier.
Internet. This information will be displayed on the public services website. To find out debt via the Internet:
- register on this portal;
- set your personal login and password;
- confirm your email address;
- in the required section, submit a request for a receipt from the EIRC;
- after receiving the data file to your email address, print it and pay for it (I send the document as a pdf file, your computer must have a program for reading such data).
banking institution. Visit the branch of any bank nearest to you and:
- insert your card into an ATM;
- select the section "Payments and transfers" in the menu;
- set the period for which you need information;
- enter your personal code;
- the debt data will be displayed on the monitor, you can pay out immediately.
In addition to instant payment of the entire amount of the debt, you can make a partial payment both from your card and in cash (terminals). You can get data both for the selected period and monthly.
Important! Telephone and Internet charges are separate from your Management Company receipts and debt data for them can be obtained from the company that provides them to you.
Ways to get this data:
- directly at the organization's office- personally visiting this institution, here you can be offered a loyal way to solve the debt situation;
- on their website- after registering and entering your personal account, you will receive information about the full amount of the debt, with the ability to receive an up-to-date receipt;
- through a call to their hotline- if this organization has one, it is usually large service providers.
Lists of debtors are formed by management companies, you can get up-to-date information about these lists either at the office of your management company or on the corresponding website.
Possible consequences for the tenant in case of persistent non-payment
No one will put up with the fact that contractual relations are violated through non-payment for the services provided. The debt process begins with the accrual of interest, which "drips" daily until the debt is paid. But if this does not happen within three months on the date the debt arises, the managing organization will restrict the debtor's ability to use its services.
A month after that, the contract with the debtor will be terminated unilaterally (written in the contract) and a complete disconnection from the networks will be made. At the same time, the lawyers of the organization will form claim for the recovery of your debt and take it to court. When a decision is made to collect debts from you, it will be transferred to the bailiffs for execution. They will either force you to pay off the debt right away or start charging you in your paycheck.
The situation is worse with the debtors of municipal apartments, for malicious non-payment at the claim of the owner of the housing (municipality), he will be expelled from this premises.
Accrual of penalties for utilities: actual on video
Since the beginning of 2016, the amount of the late payment penalty has changed. A progressive scale is being introduced, so delaying debt repayment will become unprofitable. More details - on the video.