Calculator of interest on the Federal Law on heat supply. The procedure for calculating and accruing penalties for utility services for late payment. From what moment is the debt considered
What are the utilities
Every citizen living in an apartment, dorm room or private house is obliged to pay for utilities: provision of cold and hot water supply, water disposal, electricity and gas supply, heating.
On average, housing and communal services tariffs will increase by 4% from July 1, 2017. This increase will be in line with the level of inflation - experts from the Central Bank and the Ministry of Economic Development predict it is also about four percent.
Most high growth tariffs expected in Moscow, St. Petersburg and Yakutia:
The lowest increase in tariffs is expected in North Ossetia, Altai Territory, Dagestan and the Kabardino-Balkarian Republic - 2.5%, 3.2% and 3.3% in the last two regions. In most regions, the increase in utility tariffs will not exceed 3.4%. It should be noted that the regions do not have the right to set the rate below the specified threshold, but they can increase it. To do this, they need to provide a compelling justification. But rarely does a municipality set the level of tariffs higher than the one specified by the government of the country. Therefore, the numbers usually remain within the limits set by the authorities.
What are the tariffs for housing and communal services
Housing and communal services are not only payments for water and gas supply, but also payments for the maintenance of a residential building, garbage collection, cleaning of the territory, and so on. Therefore, it is reasonable that they include the costs of economic activity, modernization and repair. It is the fact of high depreciation of the infrastructure that affects the strong growth of tariffs. The difference in indices is also influenced by the territorial and climatic characteristics of the regions, the type of fuel used, the length of the networks, etc. Thus, only the external distribution gas networks, through which gas is supplied to apartment buildings in Russia, are worn out by 60%.
It is expected that in the coming years, tariffs for housing and communal services will not exceed the growth of inflation. According to the forecast of the deputy minister economic development RF Nikolay Podguzov, in the next three years " the aggregate payment of citizens for utilities should not exceed 4%».
Important! Prices for housing services - maintenance and repair of an apartment building - are set by management companies in agreement with homeowners.
Penalties and fines for non-payment of utility services
The Housing Code of the Russian Federation prescribes the terms for making payments for utilities and housing services: no later than the 10th day of the month following the expired one. It is called - due date. Penalty Are penalties for late payment. According to paragraph 14 of Art. 155 of the RF LC, the calculation of penalties for each day of delay is 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Moreover, the citizen is obliged to pay the debt within 90 days. Starting from the ninety-first day, the debtor will pay 1/130 for each day of delay.
Important! The value of the refinancing rate can be viewed on the official website of the Central Bank of Russia.
Management companies are fighting debtors using additional methods. In addition to calculating penalties for non-payment of utility services, they can:
- limit supply. Suspension or restriction of supply can be made within three days from the date of appropriate notification by the service provider. Usually applied in case of non-payment by the consumer within 30 days;
- disconnect from networks. The measure applied after the imposed restriction on the use of services;
- evict from the occupied living space. This measure applies to employers under a social contract. Here, Article 90 of the Housing Code of the Russian Federation applies. Usually, to apply this measure, a delay in payments for housing and utility services is required for more than six months.
If a citizen has a debt that he is not able to pay off, it is necessary to contact the management company (service providers) to solve the problem on the merits. For example, write a statement on debt restructuring.
The longer the debt accumulates, the more severe the penalties:
Housing Code
It describes all the services for which the owner of the apartment is obliged to pay monthly:
- water disposal;
- submission;
- expenses for landscaping and landscaping of the local area;
- major and current repairs of the building;
- keeping the house in good condition;
- lighting of the local area and entrances;
- etc.
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Video: utility fees
Disconnection of services
By law, the management company and suppliers do not have the right to suspend the filing of:
- Water supply.
Shutdown procedure:
After the debtor has fully paid the supplier, his apartment must be reconnected to the utility service within two days.
Trial
In case of long-term non-payment, the management company or service provider may contact judicial authorities with the collection of the entire amount of the debt from the debtor.
With a debt of up to 50,000 rubles, the case will be considered by a magistrate's court.
If the debt is greater - as usual in the district court at the place of residence of the defendant.
Typically, management companies are trying to get a court order to collect existing debt.
With this procedure for the consideration of the case, there is no need to be present in court for either the plaintiff's representatives or the defendant himself.
The judge makes a decision only on the basis of documents presented by the management company or the service provider organization.
After a decision on a case or an order has been made, bailiffs are involved in the debt collection process.
They are the ones who have the right to come to the debtor's apartment, evaluate and describe his property with the aim of further selling and paying off debts.
Penalty on utility bills in 2019
You must have with you:
What awaits non-payers of fees? Is it possible to postpone or postpone payment terms in difficult circumstances? How do representatives of the housing authority have the right to deal with persistent defaulters, and where can you find out your debts? The answers to all these questions are below.
Payment terms and their legislative basis
To produce, you need to have on hand a document basis (invoice or "fat"), 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 date is the 10th day of the month in which the receipt was received. However, this is a standard statutory regulation. Options for changing this date are possible, if such is provided for in the contract between the consumer and the Managing Organization.
If the payment was made late, a penalty 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 a 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 made not in due time or its complete absence, entail the emergence of debt for the delivered (received):
- cold water
- hot water
- electricity,
- water drainage system,
- heat,
- garbage disposal and the like.
How much it will cost decide local authorities.
Legislators have established that:
- the deadline for payment for these services is 10th day of every month(or the term established by the contract) - paragraph 1 of article 155 of the LC RF;
- make changes to the boundary, for payment, date on general meeting of apartment owners- Clause 1 of Article 162 of the RF LC.
Important! All 17 paragraphs of Article 155 of the RF LC provide explanations regarding all the subtleties of making payments for utilities.
In what cases is debt charged?
Not everything in our life is smooth, and if the country is subject to economic crises then we are even more so. And in such a difficult period for us, debt for housing and communal services may appear. You can accrue debt 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 disabling them. But there are other methods of influence:
- On overdue days charge a penalty. If there was no additional payment, then for this amount, taking into account the days that have passed before the repayment.
- Limit or suspend the service, in the absence of payment for it for more than a quarter.
- Collect debts through the court.
- Evict from municipal housing by court order.
What are penalties and when are they charged?
This is a method of punishment for late or full non-payment of received utilities... Its goal is to stimulate and discipline consumers to fulfill their duties in full and on time.
For its accrual, the following signs must be present:
- a receipt for payment is provided on time;
- the deadline for payment has expired;
- not complete;
- lack of repayment as such.
Important! The managing organization has everything legal rights terminate the contractual relationship with a malicious defaulter if he does not fulfill his obligations to pay for the services provided to him.
The beginning of the accrual is the day following the borderline for payment (11th day of the month).
End of accrual - the day of payment, which will be included in the total delay period.
How is the default interest calculated?
For each overdue day, 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 in effect at the time of payment. According to approximate calculations, this amount is equal to 30 kopecks in 1 day.
If such a situation arises, and if you want to avoid the more serious consequences of not paying, there is an opportunity to conduct installment or deferred payment procedure... This provision is legally enshrined.
So, to bring this to life, you need to contact your Management Company with the appropriate application.
We also recommend checking for 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 this, but it can be prevented. For people who are accustomed to controlling their expenses, special calculator programs have been developed that make the calculations you need. Finding a suitable program calculator for calculating penalties for housing and communal services on the Internet, enter the necessary data online and get the result. If an error is found, visit your managing organization on the day of payment.
How to find out your debt on housing and communal services payments: all ways
Management organization. When you contact her, you will receive the most up-to-date information about your debts to her. Right there you can arrange an installment plan or a deferred payment if you are not able to pay off the entire debt or in full. Also, you will be given new receipts where everything will be taken into account. In addition, you can get a single debt receipt.
Important! If there is no clause on payment for electricity in your agreement with the Managing Organization, then for information on arrears on it, you will need to visit its direct supplier.
The Internet. This information will be displayed on the website of public services. In order to find out the debt over the Internet:
- register on this portal;
- set your personal username and password;
- confirm your email inbox;
- in the required section, submit a request for a receipt from the EIRTS;
- after receiving the file with the data to your email address, print it and pay for it (I am sending the document in a pdf file, there must be a program on your computer to read such data).
Banking institution. Visit the branch of any bank closest to you and:
- insert your card into the ATM;
- select the section "Payments and transfers" in the menu;
- set the period for which you need information;
- enter your personal code;
- Debt data will be displayed on the monitor, you can pay from immediately.
In addition to the immediate 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! Payment for the telephone and the Internet is made separately from the receipts of your Managing Organization, and data on the debt on them can be obtained from the company that provides them to you.
Methods for obtaining this data:
- directly at the office of the organization- having personally visited 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 opportunity to receive an up-to-date receipt;
- through a call to their hotline - if this organization has one, usually these are large service providers.
Debtor lists are formed by management companies, you can get the latest 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 malicious non-payment
No one will put up with the fact that the contractual relationship is violated by not paying for the services provided. The debt process begins with the accrual of interest, which "drips" daily until the debt is paid off. But, if this did not happen during three months on the dates of the debt, 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 (spelled out in the contract) and will completely disconnect from the networks. At the same time, the organization's lawyers will form statement of claim to collect a debt from you and sue him. When a decision is made to collect debts from you, it will be handed over to bailiffs for execution. They will either force you to pay off the debt right away, or they will begin to collect in your wages.
The situation is worse with debtors of municipal apartments, for malicious non-payment at the suit of the owner of the home (municipality) he will be expelled from this premises.
Calculation of penalties for utilities: actual on video
Since the beginning of 2016, the amount of the late payment interest has changed. A progressive scale is being introduced, so it becomes unprofitable to delay debt repayment. More details - in the video.
Penalty
According to the Housing Code Russian Federation, payment for residential premises and utilities must be paid monthly by the 10th day of the month - for the previous one (unless another period is established by the management agreement for the apartment building). From the 11th day of the new month, penalties are applied - penalties.
Penalties are charged only on arrears in payment for housing and utilities. For additional services ("antenna", "intercom") penalty interest is not charged. Also, no new interest will be charged on the amount of interest.
If the payment is made on time, but partially, the penalty will be charged on the remaining amount of the debt. First of all cash are received on account of payment for housing and utilities. The remaining funds are credited to the payment of penalties.
Penalty interest is charged on the amount of unpaid debt for the entire period of its existence. The outstanding amount of interest is added to the amount of interest on the receipt for the next month.
Until January 1, 2016, residents who did not pay in full or on time for housing and utilities were required to pay a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in effect at the time of payment.
If the refinancing rate changed, the amount of interest also changed.
So, in the period from September 14, 2012 to December 31, 2015, the refinancing rate set by the Central Bank of the Russian Federation was 8.25%.
Example: according to the receipt for January 2015, you must pay 3581.29 rubles.
02/08/2015 the amount of 3100 rubles was deposited.
Thus, a debt in the amount of 481.29 rubles was formed on the Subscriber's personal account. (3581.29 rubles - 3100.00 rubles) for the period from 11.02.2015 to 21.02.2015 (the date of receipt formation for February).
Penalties are calculated as follows: 481.29 rubles. (amount of debt) x 11 days (number of days in arrears, i.e. from 02/11/2015 to 02/21/2015) x 0.00028 = 1.48 rubles.
Federal Law of 03.11.2015 No. 307-FZ * (hereinafter - FZ No. 307) amended the article of the Housing Code, which regulates the procedure for calculating the amount of penalties. These changes came into force on 01.01.2016.
Now, in case of violation of the deadline for making payments for residential premises and utilities or paying not in full, penalties are charged in the following amounts:
From 1 to 30 days - not credited.
From 31 days to 90 days of delay in the amount of 1/300 of the refinancing rate;
From day 91, the debtor is charged a higher interest rate - 1/130 of the refinancing rate.
Examples:
| From January 11, 2016, 30 days are counted (during this period from January 11 to February 9, 2016 inclusive, no penalties are charged). From February 10, 2016 (from the 31st day to the 90th day), penalties in the amount of 1/300 of the refinancing rate are charged (penalties in the indicated amount are charged in the period from February 10 to April 9, 2016 inclusive). From April 10, 2016 (from the 91st day) and subsequent days until the day of the actual payment of the penalty interest is charged in the amount of 1/130 of the refinancing rate. |
| 2. Calculation of the amount of interest on debts arising from September 11, 2015 (and earlier) |
| Payment deadline - until September 10, 2015, as of September 10, 2015, payment was not made (payment was not made after January 1, 2016). From September 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version in force at that time). From January 1, 2016 to the date of actual payment, penalties are charged in the amount of 1/130 of the refinancing rate (in accordance with part 14 of article 155 of the RF Housing Code in the Federal Law No. 307, effective from January 1, 2016), since by January 1, 2016 the delay period exceeds 90 days from the date of the due date. |
| Payment deadline - until October 10, 2015, as of October 10, 2015, payment was not made (payment was not made after January 1, 2016). From October 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the version in force at that time). From January 1 to January 8, 2016, penalties in the amount of 1/300 of the refinancing rate continue to be charged (in accordance with part 14 of article 155 of the RF Housing Code in the Federal Law No. 307, effective from January 1, 2016), since by January 1, 2016 the delay period exceeds 30 days, but does not exceed 90 days from the date of payment due date. From January 9, 2016 (the 91st day after the due date), penalties in the amount of 1/130 of the refinancing rate are charged on the day of actual payment. |
| Payment deadline - until November 10, 2015, as of November 10, 2015, payment was not made (payment was not made after January 1, 2016). From November 11 to December 31, 2015, penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the current version of that period). From January 1 to February 8, 2016, penalties in the amount of 1/300 of the refinancing rate continue to be accrued (in accordance with part 14 of article 155 of the Housing Code of the Russian Federation in the current version of the Federal Law No. 307 from January 1, 2016), since by January 1, 2016 the delay period exceeds 30 days, but does not exceed 90 days from the date of payment due date. From February 9, 2016 (the 91st day after the due date), penalties in the amount of 1/130 of the refinancing rate are charged on the day of actual payment. |
| Payment deadline - until December 10, 2015, as of December 10, 2015, the payment has not been made (payment has not been made after January 1, 2016). From December 11 to December 31, 2015 (21 days), penalties are charged in the amount of 1/300 of the refinancing rate (in accordance with part 14 of article 155 of the RF LC in the current edition during this period). From January 1 to January 9, 2016 (9 days), penalties are not charged (in accordance with part 14 of article 155 of the RF LC in the current version of the Federal Law No. 307 from January 1, 2016 - penalties are not charged within 30 days from the date of maturity payment). From January 10, 2016 (the 31st day after the due date) to March 9, 2016 (from the 31st to the 90th day), penalties in the amount of 1/300 of the refinancing rate continue to be charged. From March 10, 2016 (the 91st day after the payment deadline has been missed), penalties in the amount of 1/130 of the refinancing rate are charged on the day of actual payment. |
Major overhaul
The Housing Code of the Russian Federation defines a separate procedure for calculating penalties for contributions to overhaul... By analogy with utilities, penalties are charged not from the first day of non-payment or incomplete payment of charges for overhaul, but from the thirty-first day.
In accordance with the instructions of the Bank of Russia **, from January 1, 2016, the value of the refinancing rate is equal to the value of the key rate of the Bank of Russia, determined as of the corresponding date.
Accrual of penalties in accordance with Part 14, Part 14.1 of Art. 155 of the RF LC is carried out based on the size of the key rate of the Bank of Russia, which today is 7.75%.
* Federal Law of 03.11.2015 No. 307-FZ "On Amendments
into separate legislative acts of the Russian Federation in connection with the strengthening of payment discipline of consumers of energy resources ”.
Every time when receipts for payment of utilities come, we carefully study how much we have to pay for heat, electricity, water, garbage, overhaul and other benefits of civilization. And if we suddenly see the word "penalty", we begin to be indignant, not understanding where it came from. Let's figure out when and how utility fees are calculated in 2019.
What is and how do utility bills arise (2019)
By law, consumers must pay for housing and utilities on a monthly basis no later than the 10th day of the month following the expired one. By a decision of the general meeting of members of the HOA (another cooperative of residents) or an agreement with the management company, a different term for payment for the services consumed may be established. If you do not pay or pay less, penalties will be charged on the debt - penalties calculated in a certain way for failure to fulfill the obligation to pay.
Consumers should be aware that the accrual of penalties for utilities (2018) can only be carried out in cases provided for by law. And from the point of view of the law (see. Art. 154 LCD RF and Resolution of the Government of the Russian Federation of 05/06/2011 N 354), utilities (resources) are:
- cold and hot water, as well as wastewater;
- electrical and thermal energy;
- gas, including in cylinders;
- solid fuel for stove heating;
- garbage removal.
At the same time, the composition of the payment for housing includes:
- contributions for major repairs;
- payment for home management services (in high-rise buildings);
- maintenance and repair of common property in the house;
- the cost of communal resources consumed in the use and maintenance of common property.
Thus, a fine can be charged only if there are debts for the above fees. A penalty for an unpaid intercom, antenna or Internet connection is illegal. If you are in arrears for such an additional service, the provider may disconnect you from it after a warning. But all the details about this procedure must be carefully described in the contract.
Basic principles for calculating forfeit
In order for an individual debtor to be counted penalties for utilities from 2019, he must not pay at least 1 month. According to Clause 14 of Art. 155 LCD RF, fines are charged from the 31st day following the last day of the due date for payment. The amount of the penalty is 1/300 of the refinancing rate established by the Central Bank of the Russian Federation. The calculated amount will be automatically entered into the receipt along with the debt and the current payment within 90 calendar days. If three months is not enough for the debtor for a full settlement, he will have to pay 2 times more: from the 91st day, settlements are made taking into account 1/130 of the rate of the Central Bank of the Russian Federation.
Recall that the refinancing rate, about which in question, is now equated to the key rate of the Central Bank of the Russian Federation, which the financial regulator revises at least once a quarter. Since 12/17/18 this figure is 7.75%.
The above-stated amounts of forfeit concerned only utility bills debts. In case of incomplete or untimely payment of contributions for overhaul, the amount of the penalty is 1/300 of the rate of the Central Bank of the Russian Federation. It is also calculated from the 31st day of delay, but its size does not increase, regardless of when the payer repays the debt. This is spelled out in Clause 14.1 of Art. 155 LCD RF.
Note that it is prohibited to increase the amount of penalties to creditors. In addition, additional interest cannot be charged on default interest. This follows from Clause 5, Art. 395 of the Civil Code of the Russian Federation.
Calculation of interest in 2019: examples and explanations
To make it clear how the penalty is calculated, we take the following initial data:
- Debtor - Ivanov I.I.
- Debt amount - 1000 (one thousand) rubles
- The deadline for payment for utilities is the 10th day of the next month
- The month for which payment has not been received is July 2018.
- The Central Bank rate from March 2 to September 16 is 7.25%, from September 17 - 7.5%, and from December 17 - 7.75%.
- Current payments - made on time and in full, new debts do not accumulate
- The amount of interest for a delay of 7 months (until March 9, 2019) -?
Ivanov had to pay for July no later than August 10. But he had no money to pay off the debt. The penalty begins to be counted from the 31st day of delay, that is, from September 10, 2018. At that time, the refinancing rate was 7.25%. The amount of the fine is 1/300 of the rate, that is, 0.024% will be charged on the debt every day (7.25% / 300 = 0.024%). Thus, from 10 to 16 September (7 days), the penalty for Ivanov will be:
7 days x 0.024% x 1000 rubles = 1.68 rubles
Since September 17, the rate of the Central Bank of the Russian Federation has increased to 7.5%. Therefore, for non-repayment of the debt on October 10, 2018, Ivanova will be counted as follows:
24 days [from September 17 to October 10, inclusive] x 0.025% x 1000 rubles = 6 rubles.
1.68 + 6 = 7.68 rubles.
Let's assume that Ivanov will not be able to settle in the next three months. Since from the 31st to the 90th day, inclusive, the penalty is calculated taking into account the rate of 1/300, then from October 11 to December 9, 2018 (provided that during this period the main indicators do not change), they will additionally count:
60 days x 0.025% x 1000 rubles = 16.5 rubles.
In the future, the fines increase. From the 91st day, it is necessary to use 1/130 of the rate of the Central Bank of the Russian Federation in calculations. Suppose that it remains at the level of 7.75%, and we calculate the amount of the penalty for another 3 months (from December 10, 2018 to March 9, 2019, inclusive). It will be:
90 days x 0.06% x 1000 rubles = 54 rubles.
Such simple calculations showed that with a debt of 1 thousand for a delay of 6 months, a little less than 80 rubles will be charged (7.68 + 16.5 + 54 = 78.18 rubles). The amount is indicative and may change if key indicators are revised.
