In accordance with article 155 of the Housing Code of the Russian Federation, the non-use by owners, tenants and other persons of premises is not a basis for non-payment of fees for housing and utilities. In the event of a temporary absence of citizens, payment for certain types of utilities, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the federal executive body authorized by the Government of the Russian Federation.

Currently, the RF Government Decree No. 307 of May 23, 2006 “On the Procedure for Providing Utilities to Citizens” is in force, according to Section VI of which, if the consumer is temporarily absent from the dwelling for more than 5 full calendar days in a row, the payment for cold and hot water supply and sanitation is recalculated , electricity and gas. Recalculation of heating in the temporary absence of citizens is not performed.

The owner of the apartment is obliged to confirm the duration and fact of temporary absence by written evidence (for example, travel tickets, certificates on being treated in a hospital, medical institution certificate of temporary registration of the consumer at the place of his temporary stay, etc.).

Recalculation of the amount of utility bills is carried out by the organization managing the apartment building on the basis of a written application from the owner submitted within a month after the end of the period of temporary absence.

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Lawyers Answers (4)

Lawyer, Saratov

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The obligation to pay for certain housing and communal services (housing services and heating) arises from the moment of acquiring ownership of the dwelling (unless other conditions are established by agreement of the parties, for example, by a shared construction agreement). That is, even if no one is registered in the apartment, but the apartment is already in the property, it is believed that these services are provided, and fees are charged for them.

What are these services:

- maintenance and repair of housing, including major repairs and including a fee for the elevator / fee is charged per sq.m. total area / (basis - part 3 of article 30, part 2 of article 154 of the Housing Code of the Russian Federation), - heating / sq.m./ (reason: the cost of this service cannot be recalculated if the consumer is temporarily absent - Section 54 of the Rules for the provision of utilities).

The obligation to pay for another part of housing and communal services (utilities) arises:

a) from the moment of registration in the premises (registration). Base: the cost of these services is subject to recalculation in case of temporary absence of the consumer  - Clause 54, as well as Appendix 2 to the Rules.

Or, if individual utilities metering devices are installed, then

b) from the moment consumption begins on individual metering devices (which also implies the emergence of contractual relationships).

What are these utilities, except for heating: - cold water supply / charge is charged for each registered person /, - hot water supply / people. /, - water disposal / people /, - electricity supply / people /, - gas supply / people /.

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Lawyer, st. Petersburg

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In accordance with Art. 153 LCD RF, the obligation to pay fees for housing and utilities arises from the owner of the premises from the moment the ownership of the premises.

The fee for a dwelling and utilities for the owner of the premises in an apartment building includes (Article 154 of the RF LC):
1) a fee for the maintenance and repair of a dwelling, including a fee for services and work on the management of an apartment building, maintenance, current and overhaul  common property in an apartment building;
2) utility bills.
In accordance with the RF Housing Code and the Rules for the provision of public services to citizens, payment for the maintenance and repair of a dwelling is based on the total area of \u200b\u200bthe premises, and does not depend on the number of registered persons.

The utility fee is calculated based on the presence / absence of individual and common house metering devices and the number of persons registered in the apartment.

The size of the utility bills is calculated based on the volume of consumed utility services, determined by the testimony of metering devices, and in their absence, on the basis of utility standards approved by government bodies of constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation (Article 157 of the LC RF )

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In accordance with Art. 249 of the Civil Code of the Russian Federation, each participant in shared ownership is required commensurate with its share  participate in the payment of taxes, fees and other payments for common property, as well as in the costs of its maintenance and conservation.
Those. with a share of 1/4, you must accordingly pay the maintenance costs of that apartment in the amount of 1/4 of the amount indicated on the receipt, and you do not have to pay utility bills, because they are not registered there; in fact, you do not use communal services.

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3) the tenant of the premises under the contract of rental of premises of the state or municipal housing fund from the moment of conclusion of such an agreement;

4) a member of a housing cooperative from the moment the housing is provided by the housing cooperative;

5) the owner of the premises from the moment the ownership of the premises;

6) the person who accepted from the developer (the person who provides the construction of the apartment building) after issuing permission to put the apartment building into operation in the building according to the deed of transfer or other transfer document, from the moment of such transfer.

Fee for housing and utilities for the owner of the premises in an apartment building includes:

1) payment for the maintenance and repair of residential premises, including the fee for services and work on the management of an apartment building, maintenance, maintenance and overhaul of common property in an apartment building;

Owners of privatized residential real estate are not prohibited from registering any number of citizens in it, regardless of the presence of family ties and the type of relationship. On the other hand, no one obliges the owner of the apartment to have a residence permit in it or to register at least one person there. In addition, it is no secret to anyone today that the amount of payments for utilities is calculated depending on the number of citizens registered in the immovable property. The more of them, the higher the numbers.

Based on the foregoing, the owners quite logically ask themselves how utility bills and other payments are charged if no one is registered in the apartment, that is, formally no one lives in it.

First of all, it should be noted what exactly affects the amount of utility bills and what you must pay for:

• The total area of \u200b\u200bavailable property;
• Tariffs in the region;
• Availability of meters for gas, water, electricity, heating;
• The number of citizens registered on housing.

If the room has meters for consumed resources, the presence or absence of persons registered in the apartment does not matter. Pay for utilities for which a meter is installed, you need according to its indicators.

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Housing without registered citizens

If no one is registered in the apartment, then this directly affects the payment of utilities. At the same time, whether you live there or not is not important. When the apartment does not have meters or there are types of services for which it is not installed, payment will come from the calculation, as for one person. That is, the homeowner may not expect that he will not have to pay, even if no one actually lives in the apartment and no one uses communal services. Therefore, the counters in this case are very appropriate, because thanks to them the rent will be significantly lower.

When not a single person is registered in the existing real estate, that is, no one lives there, even if this is actually not the case, the owner will have to pay at the established rates for one person. If there is a meter and, according to his testimony, the resource has not been used, then there is no need to pay. However, meters are not installed on all types of utilities, therefore, completely get rid of payments will not work.

Moreover, if the owner does not live in the apartment, but someone else, the obligation to pay bills still lies with him.

Features of the calculations

It is necessary to take into account the registered tenants and citizens who live in the apartment, legally completely different concepts. State bodies in the calculations are guided exclusively by documented information, and this is registration. So, if two people live in the apartment, and four are registered, you will have to pay for four. If there are four, and one person is registered, or no one is registered at all, you will need to pay for one.

In addition, for each region in Russia, its own tariffs for utilities are set and approved, however, no one is exempted from the obligation to pay for them. As an exception, some categories of the population may be granted privileges in tariffs, but this is also individual for each region. Of course, the owner of an apartment in which no one is registered, if he belongs to the beneficiaries, can also enjoy such benefits.

Based on the foregoing, we can see that a single answer on the amount of utility bills does not exist and cannot exist, since a lot of nuances are taken into account when calculating payments.

What affects bills?

The amount of the rent for the provided list of utilities directly depends on the number of persons registered in the apartment. That is, the more registered citizens, the higher the rent. Moreover, when it comes to heating, if common house meters are not installed on it, payment does not depend on the number of residents or their absence. The tariff is the same for everyone, and when calculating it, the main role is played by the footage of the room.

The presence of people registered in the apartment affects when calculating:

• Gas supply, cold and hot water supply (if meters are not installed);
• Electricity supply (only in some cases, since in most cases metering devices are applicable);
• Garbage collection, removal and disposal;
• Gutter.

Given the fact that tariffs are constantly growing, and the incomes of many citizens do not keep pace with them, the decision not to register anyone on their living space becomes very reasonable and understandable, even if relatives have to refuse. In addition, practice shows that it is in kinship that serious conflicts often arise due to non-payment of utilities, the responsibility for which lies with the property owner.

Owner Obligations

A payment receipt for each type of utility service always comes in the name of the homeowner. In addition, if the property is not the only owner, but several, then payments will come only in the name of two and no more. In order to avoid escalating conflicts and shifting their responsibilities to others, it is possible to divide utility bills between owners, so that everyone independently pays his share and bears responsibility for his debts.

This is quite applicable to housing, which has several owners, and to an apartment in which no one is registered. If one of the co-owners does not agree to the section of accounts, it can be issued through the court, without any difficulties.

On the other hand, if the owner is alone and no one is registered in his apartment, but there are tenants with whom the contract was not drawn up properly, then in case of non-payment for utilities the responsibility will rest not with them, but with the owner. It is almost impossible to achieve justice, since on the legal side, if there are no documents on the transaction, then there are no rights and obligations between people.

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