Educational program: who and when should pay for housing and communal services in a new building

In our dreams of owning our own home, we often forget about simple everyday issues. And if it’s impossible not to remember about the mortgage, then an unexpected receipt for payment of housing and communal services for an apartment that hasn’t even been renovated yet usually throws the owners into a stupor. Novostroy-M tells you from what point payments are calculated in a new building and how to understand them.

When to start paying utility bills in a new building

Those who have not yet moved in, but have already received the keys to their own apartment in a new building, will have an unpleasant surprise: they will have to pay for square meters from the very beginning. This issue is regulated in detail by the Housing Code of the Russian Federation.

Article No. 153 of the Housing Code states that the buyer of a real estate property, from the moment of signing the acceptance certificate, is obliged to promptly pay for housing and communal services. Even if he is not going to live in a new apartment, rent it out or renovate it. As soon as the developer has transferred the apartment and the transfer deed has been signed by all parties, responsibility for the use of the premises is transferred to the shoulders of its new owner. By the way, the developer has the right to transfer the apartment unilaterally if the buyer (interest holder) does not show up for acceptance within the agreed time frame.

Note: “on-time payment” usually means the 10th of each month, unless a different date is specified in the payment documents.

Why you need to pay bills in an empty apartment

There are two questions that owners usually have after receiving a receipt:

• Why should I pay for utilities if I haven’t used anything: neither water, nor gas, nor electricity?
• Why do I receive invoices for a period when I have not yet taken ownership?

The answers to them are very simple:

• It does not matter whether the owner uses the apartment in a new building, or whether he has not appeared there since the signing of the transfer and acceptance certificate: payment must be made monthly. In the first case — in full, in the second — you will have to pay for the maintenance of common property (all year round) and for heating (in the cold season).
• It does not matter when the property title is registered, as this process takes some time, and the owner of the property may move into his apartment before all official documents are completed. The main reference point is the date of signing the transfer and acceptance certificate.

Note: The “utilities” accrued during the period between the commissioning of the new building and the moment of signing the transfer acceptance certificate must be paid by the developer, and not the owner of the apartment.

That is, if Ivanov I.I. bought an apartment in March 2022, the house was handed over in March 2023, and the transfer and acceptance certificate was signed by both parties on June 8, 2023, then he is obliged to pay receipts starting in June. The period from March to May is the responsibility of the developer.

Who appoints the management company

Utilities are charged according to a certain algorithm. The amount of payment for the maintenance of common property, residential premises and repairs is established by the management company (MC) and the developer or the general meeting of home owners. And this is also regulated by the Housing Code of the Russian Federation, Article No. 44.

It states that within 5 days from the moment the new building is put into operation, the developer is obliged to enter into an agreement with the acting management company for a period of no more than 3 months. Residents are not obliged to enter into an agreement with her in the future, but they will have to pay for her services.

An open competition to select a management company must be held within 40 days. Next, homeowners are given a choice: they can enter into an agreement with the company that wins the tender, choose their own “manager” or prefer another form of management of the apartment building.

If the owners are completely satisfied with the selected management company, then they need to conclude an agreement with it and open a personal account. In most cases, this happens automatically, but in rare cases, new residents have to open an account themselves

Personal account: what is it and how to apply for it

A personal account is the details that are assigned to a specific residential premises and where payments for housing and communal services are transferred. If for some reason it was not possible to assign it automatically, you can open it yourself. For this you will need:

1. Contact the management company servicing the new building with a package of documents: the homeowner’s passport, an extract from the Unified State Register of Real Estate and a transfer and acceptance certificate.

2. Receive documents for the metering devices installed in the apartment and draw up an entry certificate for them (sometimes the management company issues these papers to the owner when signing the acceptance certificate). Metering devices refer to water, electricity and heating meters.

3. Write an application to open your own personal account.

If a conflict arises regarding payment for housing and communal services

Sometimes developers are cunning and try to shift their responsibilities for paying for housing and communal services to the homeowners until they sign the transfer and acceptance certificate. In this case, you can and should fight for your rights.

First, you should write a complaint to your management company with a request to justify its actions and recalculate utilities. If this is refused, then it makes sense to contact the State Housing Inspectorate with a complaint against the Criminal Code with copies of receipts and correspondence. If the plaintiff is right, the housing inspectorate will issue an order to the Criminal Code regarding the need for recalculation and impose a fine on her. If you have already paid the disputed receipts, the deposited funds will be used to pay off utilities in the next period. You also have the right to immediately go to court, bypassing the State Housing Inspectorate.