The fourth year Ukraine is in a state of full -scale war. Millions of citizens went abroad, in search of safety and opportunities for life. However, many do not even suspect that at that time the only enforcement proceedings were already open to their Ukrainian real estate, due to utilities for utilities.
Indeed, regardless of where a citizen of Ukraine lives today, accounts continue to enter his home (primarily an apartment) in their homeland - for heat, gas, water, light. Is a person obliged to pay utility services if he does not use the apartment? And what needs to be done to legally avoid these payments?
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It is clear that automatic accrual is not always justified.
The Ukrainian system of housing and communal services is based on the principle of constant accounting. According to the resolution of KMU No. 630 since 2023, utilities are charged on the fact of use or, in the absence of accounting - according to the established standards. If no one lives in the apartment, but there are no meters, the system will assume that consumption occurs.
That is, the absence of people in the apartment does not mean automatic termination of accrual. Moreover, according to the Law of Ukraine “On Housing and Communal Services” since 2021 (Article 7), the consumer is obliged to timely inform the providers of services on changing circumstances that may affect the volume of consumption.
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In order to legally avoid the monthly fee for unreasonable services, it is necessary to meet several conditions at the same time:.
- be the owner or co -owner of the housing;
- physically do not live in the apartment (from the date of departure);
- Do not rent housing;
- Do not use any utility service (which should be confirmed);
- inform suppliers about their absence officially.
If at least one of the conditions is not fulfilled, the debt will be formed, and it can be recovered in court.
The first is to file an application with the service organization (OSMD or management company). It is there that they can draw up an act of non -vain, which will then become your main evidence for reducing or canceling accruals in other instances.
If you cannot come in person, you can send the documents by registered letter or transfer through the proxy. The power of attorney should clearly prescribe the right to represent your interests on communal issues.
Here is the approximate text of the statement: “In connection with my temporary stay outside Ukraine C (departure date), I ask you to fix the fact of non -disclosure in the specified apartment, issue an appropriate act and take into account these circumstances when accruing utility bills”.
To the application you need to add copies of passports and documents that confirm the stay abroad (certificate, visa, marks on crossing the border, etc..
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You will say that this is all clear, but how to stop the accrual?
Contact each supplier of utilities (gas, water, heat, electricity) separately. Also in the OSMD or management company (UK).
Submit a written statement of temporary non -voyage.
Add confirming documents.
Get confirmation that the appeal has been accepted (registration number, letter-off or entry in the consumer office).
Update the information every 3-6 months, especially in the case of a long absence.
What can be added to the application as confirmation?
The list of documents is not exhaustive, but the more evidence, the better: a copy of the passport with a mark about crossing the border or visa; Help from the consulate or community of Ukrainians abroad; Copies of ticket tickets; Registration of the place of residence in another country; Act OSMD/Criminal Code on non -winging; Photos of meters with zero changes; extracting from the register of applications in "
Keep in mind that the service provider is not obliged to stop accrual without proper confirmation. That you still have to pay, even if no one lives in the apartment, these payments do not completely cancel, they can only be reduced. It will be necessary to pay the maintenance of the house and the house territory - it is regulated by the Charter of the OSMD or the terms of the contract from the Criminal Code; Subscriber for meters - according to paragraph 5 of the Decree of the NKREKU No. 149 since 2019, it is required if the meter is connected to the system; a share for centralized heating - in some cities there is a basic minimum that is charged to all subscribers to maintain a heat supply system.
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What will happen if nothing is done?
If you ignore the situation, serious legal and financial consequences may occur. After all, the debt will accumulate, even if the consumption is zero; Foam and fines will be charged after 3-6 months of non -payment (according to the terms of the contract with the service providers); The supplier has the right to go to court to enforce debt collection; It is possible to open enforcement proceedings and even the arrest of bank accounts in Ukraine.
If you rent an apartment for rent, who pays?
According to Article 11 of the Law on Housing and Communal Services, the payer is a person who uses services. But without a written lease, liability remains on the owner.
Therefore, it is recommended:.
conclude an agreement with a clause on payment of utilities;
indicate the procedure for transmitting indicators;
determine the responsibility for non -payment.
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Recommendations for the future.
Prepare housing for a long absence. Before you leave the apartment for a long time, tighten all the taps and block the gas, turn off the electrical appliances; Install or check the cost of meters; Submit the indicators; Take a photo of all accounting devices; submit an application for temporary absence.
Legal shield is documents.
Housing in which no one lives - from the point of view of the state, this is still a source of potential consumption. If you do not take measures, you will be automatically counted. And that is why your statement is not a formality, but legal protection.
If you are already abroad, ask relatives or neighbors to help with registration.
Or draw up a power of attorney and act through the representative. Email and registered letters have legal force if you attach copies of documents and receive confirmation of the submission.
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Ukrainians who have become emigrants have the right not to pay for utility services in empty housing. But this right is not realized automatically. We need proactivity, documents and a formal statement. And only then will the expense for “air” turn into zero - instead of a real problem.
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