Penalty calculator for utility bills according to Article 155 of the Russian Housing Code by month

⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article we will try to answer the question “An example of calculating penalties using the Calculator Art. 155 Housing Complex of the Russian Federation.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

This paragraph introduces another new term: the refinancing rate. The value of the rate can be found on the official website of the Central Bank of the Russian Federation. Currently (02/04/2020) the rate is 11.00%. Please note that the rate is indicated as a percentage and to calculate the penalty it must be converted into shares: Rate = 11.00% / 100% = 0.11.

Mechanism for calculating penalties for housing and communal services

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 payment term. According to the norms of the current legislation, payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of an apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative (Article 155 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ).

Introduction

The counting of the number of days of delay begins on the next day after the due date for payment. Those. If the payment deadline is set on the 10th day of the month, then the counting of the number of days of delay will begin on the 11th day and will continue until the debt amount is fully repaid (including the repayment day).

Hello, Ilnaz! According to the law, from January 1, 2020, penalties for the first thirty days of delay are not charged, so the calculator starts counting from 31 days, and for the first 30 days indicates the percentage of the rate for calculation “0”, so that in the final table the first period of delay (30 days) was visible, and no penalties were charged on it.

Penalty calculator for utility debts (RF Housing Code)

Hello Irina! It’s not clear - what exactly are your difficulties? The principle of operation of the penalty calculator is simple: enter the amount of debt and the starting date of the delay, if there were more charges, then enter them through the “more debt” button, if there were partial payments, then also indicate them in the calculator. The calculator will calculate penalties on an accrual basis, and the table will show the charges for each debt and for each period. Good luck!

Fill out the form and click “calculate”

• in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the debt amount for each day of delay, starting from 31 days following the day of the established payment deadline, until the day of actual payment, made within 90 calendar days from the date of payment the payment deadline, or until the expiration of 90 calendar days after the date of the established payment deadline, if payment is not made within the 90-day period;
• in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay, starting from the 91st day following the day of the due date for payment, until the day of actual payment.

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The calculator for calculating utility bills (housing and communal services) operates according to new rules in accordance with the norms of Part 14 of Art. 155 of the Housing Code, calculates the debt and penalties using the key rate that was in effect at a particular period of time. Fill in the required initial parameters in the form and click on the “Calculate” button.

All users of residential premises are required to pay monthly utility bills based on documents issued by service providers. According to Article 155 of the Housing Code, if payments are late, the supplier has the right to collect not only the amount of the debt, but also penalties on it. The information in the article has not changed in 2020.

Calculator for calculating housing and communal services penalties under Art. 155 Housing Code of the Russian Federation: step-by-step instructions

• the date the debt arose (when it was necessary to pay for housing and communal services);
• the amount required to be paid;
• if there are several periods for which the debt was formed, all are indicated in order;
• end date – the date of calculation of the penalty (usually current);
• if a partial payment was made, indicate its date, amount and for which month the invoice was issued (it is possible to import data from the table);
• indicate the calculation method;
• By checking the “Signature when printing” field, in the output form we will receive a link to the calculator in which the calculation was carried out.

By personal data I understand any information relating to me as a Personal Data Subject, including my last name, first name, patronymic, address, education, profession, contact details (telephone, fax, email, postal address), photographs, other other information. By processing of personal data I mean collection, systematization, accumulation, clarification, updating, modification, use, distribution, transfer, including cross-border, depersonalization, blocking, destruction, indefinite storage), and any other actions (operations) with personal data.

Examples of calculations

In case of prolonged evasion of payment for utility services, the management company has the right not to limit itself to charging a penalty, but to apply additional methods of influence to the citizen: turn off the hot or cold water supply, electricity.

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Procedure and rules for calculating penalties, terms and amounts

The obligation of apartment owners to pay monthly for utilities is established by law. They transfer funds in the amount and according to the details specified in the receipts sent out by the management company regularly. If a citizen ignores the need to make transfers, he is subject to monetary sanctions - penalties for housing and communal services, calculated in accordance with the provisions of Art. 155 of the Housing Code of the Russian Federation or the terms of the agreement and act.

When forming a debt, the resource supplying organization has the right to demand only one of the specified types as recovery. In other words, utility companies cannot send a notice of repayment of first the penalty and then the penalty.

Calculator for calculating penalties for paying utility bills (RF Housing Code)

The processing of personal data of the Personal Data Subject can be carried out using automation tools and/or without the use of automation tools in accordance with the current legislation of the Russian Federation and the internal provisions of the DND.

You will also find it useful:

The processing of personal data of the Personal Data Subject is carried out solely for the purpose of registering the Personal Data Subject in the DND database with the subsequent sending to the Personal Data Subject of mail messages and SMS notifications, including advertising content, from DND, its affiliates and/or subcontractors, information and newsletters, invitations to DND events and other advertising and news information, as well as for the purpose of confirming the identity of the Personal Data Subject when attending DND events.

In accordance with current legislation, payment for housing and communal services must be made before the 10th day of the month following the billing period , unless a different payment period for these services is established by the management agreement or the general meeting of members of the homeowners association or cooperative.

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How are penalties for late payment for housing and communal services calculated?

The total amount of penalties for late payment for housing and communal services in the period from September 11, 2020 until the actual payment of the debt amount on December 16, 2020, taking into account partial payment, will be 47.16 rubles.

In terms of the number of days overdue for payment for housing and communal services, the situation is as follows:

5. From December 10, 2020 to December 16, 2020, the amount of late payment will already be more than 90 days and will amount to another 7 days 1/130 of will be applied .

Hello Irina! It’s not clear - what exactly are your difficulties? The principle of operation of the penalty calculator is simple: enter the amount of debt and the starting date of the delay, if there were more charges, then enter them through the “more debt” button, if there were partial payments, then also indicate them in the calculator. The calculator will calculate penalties on an accrual basis, and the table will show the charges for each debt and for each period. Good luck!

Judicial practice under Art.

155 Housing Code of the Russian Federation

dated June 8, 2020. Judicial Board for Economic Disputes, cassation dated June 8, 2020. Judicial Board for Economic Disputes, cassation dated June 8, 2020.

Judicial Collegium for Economic Disputes, cassation dated June 6, 2016

Judicial Board for Economic Disputes, cassation dated May 26, 2016 Judicial Board for Economic Disputes, cassation dated May 20, 2020

Judicial Collegium for Economic Disputes, cassation dated May 11, 2016. Judicial Collegium for Civil Cases, appeal dated May 10, 2016.

Judicial Board for Economic Disputes, cassation dated April 29, 2016 Judicial Board for Economic Disputes, cassation dated April 20, 2020 Judicial Board for Economic Disputes, cassation dated April 18, 2020

Judicial Board for Economic Disputes, cassation dated April 18, 2016 Judicial Board for Economic Disputes, cassation dated April 7, 2020 Judicial Board for Economic Disputes, cassation dated April 4, 2020 Judicial Board for Economic Disputes, cassation dated March 28, 2020 Judicial Collegium for Economic Disputes, cassation dated March 21, 2020

Judicial Collegium for Economic Disputes, cassation dated March 21, 2016

Judicial Board for Economic Disputes, cassation dated March 21, 2016 Judicial Board for Economic Disputes, cassation dated March 15, 2020

Judicial Board for Economic Disputes, cassation dated March 15, 2016. Board of Appeal, appeal dated March 14, 2020.

Judicial Collegium for Administrative Cases, supervision dated February 26, 2020. Judicial Collegium for Economic Disputes, cassation dated February 24, 2020.

Judicial Collegium for Economic Disputes, supervision dated February 20, 2016 Judicial Collegium for Economic Disputes, cassation dated February 17, 2020 Judicial Collegium for Economic Disputes, cassation dated February 15, 2020

Judicial Collegium for Economic Disputes, Cassation

Calculator for calculating penalties for utility bills (155 Housing Codes of the Russian Federation)

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How are penalties for late payment for housing and communal services calculated?

→ penalties are accrued starting from the 31st (thirty-first) day following the due date for payment. That is, if you need to make payment for August 2020 before September 10, 2020, penalties will begin to accrue only from October 11, 2020. And during this period (a whole month) it is possible to repay the debt without accruing penalties.

In terms of the number of days overdue for payment for housing and communal services, the situation is as follows:

4. From November 16, 2020 to December 9, 219, the amount of delay in full payment will be 24 days , the amount of the penalty will also be calculated using 1/300 of the refinancing rate of the Central Bank of the Russian Federation as follows:

The total accrual percentage cannot exceed 50% of the total debt incurred. For example, if the owner of an apartment needs to pay 15,000 rubles, then the amount should not be more than 7,500 rubles. Increasing the payment requirement is a direct violation that housing and communal services employees will not agree to.

Penalty amount

The amount of the penalty depends on the following factors:

1. Number of days of non-payment;
2. Amount of debt.
3. Refinancing rate;

Previously, the penalty began to accrue on the 11th of each day of the month in which payment was not received.

Today certain amendments have been adopted in this area:

• Companies that operate in the housing and communal services sector. From the 1st to the 60th 1/300 of the bet, from the 61st to the 90th day - 1/170, after the 91st day 1/130 of the bet is charged.
• Organizations. From the 1st day of delay, 1/130 of the rate is charged.
• Individuals. From 31 to 90 days of delay – 1/300 of the base rate. From 91 days, 1/130 of the bet is credited.