How to combine personal accounts in an apartment in 2021

Personal account for an apartment is a document containing information about the property, the form of ownership and its residents, on the basis of which the owners (tenants of residential premises) pay for housing and communal services.

Consolidation of personal accounts is a procedure for connecting several personal accounts for one residential premises in order to simplify accounting and payment for housing and communal services.

Important! The personal account is compiled not only for the owner or of the housing, it also indicates all persons living in the apartment.

Conditions under which account merging is possible

The most common situations are:

• purchasing several shares in an apartment,
• inheriting several shares,
• obtaining ownership rights to several parts of an apartment on different grounds (donation and privatization, purchase and inheritance, purchase and privatization, etc.)
• merging a personal account by decision of the owners (tenants).

Initially, different personal accounts can be issued when there are several owners or tenants. This situation may arise, for example, when purchasing an apartment using maternity capital. The intended use of such funds directly provides for the allocation of shares for each family member.

On the contrary, the union of several employers or owners into one family involves the connection of personal accounts.

Some features of the operation

The procedure for carrying out actions in public housing is defined in Article 82 of the Housing Code of the Russian Federation[3]. Basically, the operation is performed according to the indicated scheme, but sometimes there are exceptions:

• to initiate the process in relation to a communal apartment, the tenant must contact the municipality;
• in a privatized apartment, the association is carried out after receiving a document certifying ownership of the property.

Otherwise, you must proceed in the same way as described above.

Each premises is assigned a unique number, by entering which you can find complete information about the management company, the consumer and check payments. This number is usually assigned to only one property, but payers can separate or connect it. The process is fully regulated by the Housing Code.

Current standards

The basic rules governing the rights and obligations of owners and tenants of residential premises are contained in the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (last amended on April 3, 2018). The accounting and registration of real estate and the list of government bodies authorized to carry out such actions are regulated by Federal Law No. 218-FZ dated July 13, 2015.

A review of certain controversial issues on the application of norms in judicial practice was approved by the Presidium of the Supreme Court of the Russian Federation on November 30, 2016.

The process of real estate accounting, including the formation of personal accounts for residential properties, is contained in the Orders and Letters of the Rossreestr.

We prepare a statement of claim for the division of utility bills

How to write a statement of claim to the court for the division of personal accounts for housing and communal services? Due to the peculiarities associated with this issue, you need to apply to a civil court of general jurisdiction. This is due to the fact that the claim should be classified as property issues. In addition, the constitutional rights of a citizen of the Russian Federation are affected here.

We recommend! Eviction of military personnel due to dismissal

Now you can raise the topic of writing a statement of claim. It is immediately necessary to clarify that the issue is quite complicated and it is better to seek advice from lawyers.

When writing statements of claim, you must follow the letter of the law. It establishes the sequence of presentation of all circumstances and facts relevant to the case.

In this case, mistakes are unacceptable, otherwise the matter will not move forward. And all this time the rent will be charged.

This is another reason to use the services of qualified lawyers to write a statement of claim for the division of rent between the owners of residential premises.

For those who still hope to do it on their own, we offer to download a sample application from our website.

Who can solve this issue

If the apartment is owned by several persons, all co-owners must submit a collective application to the BTI at their place of residence. There they will draw up technical documents, a unified cadastral plan and a housing passport. To provide documents to the settlement center, you must make an extract from the cadastral passport and a copy of the cadastral plan. The settlement center will also require a collective application from all co-owners of the apartment.

An important point is the unconditional consent of all owners of residential premises to merge the personal account. In the absence of the consent of at least one person, association is impossible.

Registration through the BTI also occurs if several owners of an apartment give it to one of the family members or several owners sell their shares to one person. A similar situation arises when inheriting several shares. To combine several inherited shares, you must also contact the BTI after receiving a certificate of inheritance. In all of the above options, the merging of personal accounts occurs by registering ownership of the new owner.

An application for state registration of ownership rights to an apartment can now be submitted electronically on the official website of Rossreestr https://rosreestr.ru/

If we are talking about a municipal apartment , then the permission of the owner is required, on whose balance sheet the housing is listed. In this case, they will be local administration bodies. To resolve the issue, you must contact your local municipality. There they will draw up an agreement for one tenant, and also make the appropriate entries in the accounting books. With a new agreement in hand, you should contact the settlement center (management company).

Documents required for merging accounts

List of documents provided by owners of residential premises:

• certificate of state registration;
• act of acceptance and transfer of residential premises;
• passport;
• power of attorney (if the interests of the owner are represented by another person).

Documents provided by employers (tenants):

• residential rental agreements;
• passports of all owners (tenants);
• collective application to the municipality;
• collective application to the ERC (or management company).

Initially, there will be several rental agreements, depending on the number of tenants. A single rental agreement will be drawn up upon application to the Unified Center.

General rules

In comparison with previous regulations that have been in force since 2021, the new regulations of the migration service quite accurately prescribe all the points relating to the registration of temporary registration for Russian citizens. In particular, the new regulations contain deadlines (ranging from three to eight days), as well as the time during which a citizen can expect to receive the required registration certificate.

In particular, it is worth noting the following time periods:

• It takes 15 minutes to wait for an appointment if you have an appointment;
• no more than 10 minutes should be spent on receiving previously completed documentation;
• a person must wait in line for a maximum of 30 minutes in order to submit the collected package of documents.

A distinctive feature of the new regulations is that authorized persons working in registration authorities do not have any grounds for refusing to provide an applicant with a certificate of temporary registration.

In addition, today the process of preparing this document does not provide for the need to pay a state fee, that is, for citizens this operation is completely free.

In accordance with current legislation, temporary registration is required for those citizens who are in the territory of another locality for more than 90 days. The document itself is provided for the period that was previously discussed with the lessor, but in any case it cannot exceed 5 years.

In addition, it is worth noting the fact that the place of residence and

permanent registration

may vary. Even if the apartment is rented in the same locality in which the person is registered, he will need to worry about drawing up this document at the address of his actual stay.

In what cases will it not be possible to merge a personal account?

Regarding individual settlements, citizens can contact the BTI, the administration, Rosreestr or the management organization. Merging individual settlements is not possible under the following conditions:

• Different versions of executed documents for one object.
• Unavailability of permission from one of the owners.

Important!

Cases with such a claim may vary. The main thing is that when applying, you have permission from all owners to organize the event and all the appropriate warrants.

What are the criteria for dividing into shares?

Before dividing the bill in a non-privatized apartment through the court, neighbors themselves can share financial responsibility to the municipality and housing and communal services providers by drawing up a settlement agreement. The document is drawn up in any form, indicating:

• data of each signatory: full name, passport details;
• distribution of shares in payments;
• obligations to pay the share of payment on time;
• dates and signatures of participants.

If a peaceful agreement cannot be reached, the court can distribute obligations based on:

• the area occupied by each side;
• the number of family members for each of the employers: children, elderly family members not participating in the division.

Step-by-step instructions for merging personal accounts in an apartment

A merger is usually necessary when a living space, divided among several owners, passes entirely to one. The owners can connect the personal account personally or with the help of an authorized person by submitting a circular to the BTI at the place of residence. It is advisable to include all necessary papers with your application. The application can be typed on a blank white sheet, but the following metadata must be provided:

• Name.
• Personal information about the owners.
• Information about the share or property, address.
• The crux of the matter.
• Date of application and signatures of all owners.

You will need to attach the following to your application:

• Personal documents of all owners.
• Title documents for ownership.

At this stage you need to be especially careful, otherwise a lack of necessary documents may lead to a refusal to accept the application by the responsible employees. Any little thing can be indicated as a reason, for example, the absence of a date in the application.

The technical document, cadastral plan and passport for the object are prepared by BTI employees. The received papers are sent to the settlement authority. After their registration, housing and communal services will be paid for by a single person.

The registration procedure will take quite a long time, but the re-registration itself should not keep you waiting long. Responsible employees act quickly, but if changes to the personal account do not occur for a long time, you need to file a complaint about the inaction of certain persons.

Where to contact

Merging accounts is possible only with the consent of all owners. However, the merging procedure can be based on different situations, which are easier to represent in a table:

Important!

Very often, all issues related to the merger or division of subaccounts can be resolved at the MFC.

In a situation with a municipal apartment, it is necessary to provide personal documents of all tenants and valid contracts. Next, they will draw up one document for you with the only responsible tenant. This agreement must be submitted to the settlement center or management company. One personal account will be entered into the ledger.

In a situation with registered property for several persons, you need to go to the BTI, where technical documentation is drawn up. The resulting unified certificates and plans must be submitted to the same settlement center or management company. You need to go to the BTI both when registering an inheritance and when subsequently registering a right.

What documents to prepare

The list of required regulatory documents may differ in different situations. If you do not own the property, you will need the following:

• Lease agreements.
• Personal documents.
• Application to the ERC.
• Application to the Criminal Code.

If the property has different owners, the following is required:

• Property papers of all owners.
• Personal documents.
• Consents.
• Application to the ERC.
• Application to the Criminal Code.

It is worth noting that union is a rather rare legal moment, and more often an inversion process is required: separation, which is formalized during the divorce of spouses or the division of property.

Procedure

There are situations when real estate, which was divided between several owners, was transferred completely to one of them. To connect a personal account, the owners or their representatives need to submit a written application to the BTI at the address and submit all the necessary documents.

The application is drawn up in free form, but it must include the following information:

• name of company;
• owner details: full name, year of birth, contacts;
• information about share or property, address;
• requirements;
• date of submission and signature of applicants;

Along with the application, you must submit copies of the following documents:

1. Passports of all co-owners.
2. Documents of title to the object (agreements, certificate of inheritance, etc.).

Failure to provide the required documents may result in refusal to accept and register the application. Also, the reason for refusal may be the absence of a person’s signature or date in the letter.

BTI employees prepare technical documents, cadastral plan and real estate passport. Next, the received certificates and papers are sent to the settlement center. Collective appeals are also submitted to the settlement center. After registration, housing and communal services will be paid by one person

Thus, the procedure takes a long time. But at the same time, citizens do not need to be frequently distracted; they just need to leave requests and wait a little. But there is no need to wait long and do nothing, as then the process will be delayed. It is required to contact the contractor every week and ask about the progress of the case. Also, in order to spend a minimum of time, it is recommended to immediately submit an application to the management company.

How to combine personal accounts in a communal apartment

Merging several calculations is necessary to simplify work with housing and communal services. Today, more common is the situation with a communal apartment, when the acquisition of several shares in different parts is organized. This approach to the issue of purchasing real estate is not uncommon today, since the cost of square meters is not affordable for everyone.

The law provides for a ceremony for merging personal records, but you need to submit the necessary documents and relevant applications. The application must be made by an adult with legal capacity registered in the property.

A communal apartment can be municipal. In this case, the owners will be considered tenants and will have a legislative basis for privatization and, accordingly, for the purchase of part of the apartment.

The issue of merging an account in a municipal utility is decided in the district municipality. If the rooms in such housing are registered as property, you need to contact the BTI.

Even if all the shares in the communal apartment are purchased and there is only one owner, the accounts will still have to be combined through an additional procedure, otherwise the owner will simply own the rooms, and not the apartment as a whole. Legally, these are different situations; the housing itself, as a result of registration of ownership of all shares, does not cease to be considered a communal apartment. The only difference from the procedure with different owners is that there is no need for the consent of other persons. In general, merging accounts is necessary not only for the convenience of paying for housing and communal services, but also to facilitate the execution of purchase and sale.

Where to buy housing with your own funds

After deciding to purchase real estate without intermediaries and using your own savings, the pressing question becomes - where and how to find suitable housing and a seller. To properly buy an apartment without a mortgage, you can use one of two options:

• secondary market, in other words, when a transaction is made with an apartment that has already been registered as the property of someone and with the direct participation of its owner;
• primary market - purchasing square meters in a newly built house through contact and concluding an agreement with the developer.

Each of these options has some special features.

Primary market

Before making a transaction, you need to pay attention to the following points:

1. carefully select a developer, check his reputation, read reviews on the Internet and on the construction company’s website;
2. when purchasing housing in an already rebuilt house, the buyer protects himself from the risks of unfinished construction and delays in commissioning;
3. Buying a home in a house under construction will save money, but in this case the period for becoming an owner will be quite long.

Buying real estate in a newly built or still under construction house has a number of advantages. As a rule, the layout of apartments in new buildings has improved characteristics; you can choose an option with a larger living area.

Secondary market

In this case, the stability of communication systems, for example, electricity, water supply, is considered a plus. Whereas in new houses failures often occur.

Another advantage is the speed of completing the transaction. All you need to do is select an object, check the documents and the owner, and then sign the papers. However, there are risks here too, for example, the presence of encumbrances on housing or debts on utility bills. In any case, before signing the contract, you should make sure that the apartment is clean from a legal point of view.

Search for accommodation

It is worth starting from both the parameters of the future property and the amount of money available.

Criteria for selecting an apartment

There is a basic list of parameters by which in most cases the search for a suitable apartment occurs.

Selection criteria may be as follows:

• noise level near housing;
• proximity to transport stops and roads;
• the presence of schools, shops, clinics and the distance to these institutions;
• requirements for internal layout, number of rooms, presence of a warm balcony;
• the presence of an equipped playground for children and a yard in general, parking;
• proximity to parks and squares;
• distance from industrial zones;
• floor.

In any case, each person has a general idea of ​​where he would like to live. This is what we should build on.

Inspection of the object

Getting to know a potential property must be done very carefully. Even as you approach the house, you should pay attention to the local old-timers. The presence of dubious persons is unlikely to please an ordinary citizen who wants to live in peace.

List of factors that you should pay special attention to:

1. courtyard, entrance, elevator;
2. technical condition of the apartment - repairs, ceiling, walls, baseboards, wiring, plumbing, lighting, sound insulation, temperature, etc.;
3. area and availability of infrastructure;
4. view from the window.

General advice is to conduct the inspection during daylight hours. Artificial light somewhat distorts the angle of view, as a result of which small details and problems may go unnoticed.

Another point is the smell. If there is a strong aroma of air freshener in the apartment, this may indicate that the owner is hiding the fact that the room is smelly. This is possible due to faulty sewerage or a landfill located nearby.

Negotiations with the owner

The next stage of the instructions on how to properly buy an apartment yourself involves negotiations with the owner of the property. The process involves reasonable bargaining over the price offered. Noticed flaws can serve as an argument for reducing the cost. However, you should not count on more than 10-15%.

Common Mistakes

It is impossible to combine personal accounts if there are different forms of entitlement to the same apartment. For example, if part of the residential premises is privatized, but the other is not. The same thing happens if one part of the apartment is privately owned and the other part is municipally owned. Only after the privatization of the remaining part of the apartment can the issue of merging accounts be resolved positively.

Inheritance of a share of an apartment that is in municipal ownership is impossible. The merging of personal accounts in the event of the death of one of the tenants occurs only in the presence of certain accompanying circumstances. This issue is regulated in detail by Art. 59 and art. 82 Housing Code of the Russian Federation.

Is it possible to combine personal accounts before paying off the mortgage on an apartment? Merging personal accounts in an apartment purchased on credit (mortgage) is not possible until full payment has been made. Only after the apartment has become the property of the family, it is necessary to decide who will be the nominal owner, arrange re-registration for one (for example, under a gift agreement) and as a result receive a single personal account.

How to combine personal accounts when selling (buying) an apartment? Consolidation of accounts for the purchase and sale of several shares in an apartment occurs by contacting the housing department or the EIRC for the new owner of the property. Based on documents confirming ownership, a single personal account is issued.

Is it necessary to combine personal accounts to privatize an apartment? Merging your personal account is not required. According to the social tenancy agreement, everyone registered in the residential premises will participate in privatization. If someone does not agree to participate in the privatization of an apartment, they write an official refusal.

What to do if the municipality is against merging accounts? Go to court and prove the feasibility of merging accounts.

Lawyers' recommendations

It is noteworthy that sometimes the solution to the same issue of merging personal accounts can be resolved in different ways legally.

Situation: a large family owns a three-room communal apartment. One part of the apartment was purchased at the expense of maternal capital, where shares were allocated to the children. How to combine accounts in this case?

Lawyer's answer #1:

Sannikova Galina Nikolaevna. Lawyer, Perm

You should contact the registration chamber and register the right of common shared ownership. In this case, the registrars will exclude individual shares, combining ownership of the apartment. In this way, an agreement will be reached on the emergence of the right of common shared ownership. Afterwards, you need to write an application to the UK about merging the accounts.

Lawyer's answer #2:

Karavaitsev Vyacheslav. Lawyer, Moscow

If the rooms are listed in the cadastral register as separate objects, you must obtain a new passport for the apartment as a single object. Before contacting the cadastral chamber, call a BTI technician and make a new plan for the apartment. Then, with a new passport and a plan, write an application to Rosreestr to terminate the objects - rooms and register the object - apartment. Based on the latter, they will provide a single personal account.

Situation: the apartment has been privatized. One room was inherited, the other was bought. How to merge accounts?

Ponomarev Eduard Viktorovich. Lawyer, Moscow

The situation is simple. It is necessary to present both documents (on the ownership of the privatized part and a certificate of inheritance) to the registration chamber. Based on this, you receive a Certificate of Ownership of the apartment and re-register the accounts into a single personal account.

Source: 1000meters.ru