On someone else's bill. What to do if you find utility debts after purchasing an apartment?

Not everyone is aware that the new owner is not obligated to pay all debts of the previous owner, even if they purchased a property with outstanding debts. According to part 3 of Article 158 of the Housing Code of the Russian Federation, only debts related to major repairs can be transferred to the new owner, as they are tied to the real estate itself. All other debts are the responsibility of the specific individual whose name the property was registered under. For instance, if the previous owner sold an apartment with significant utility debts (excluding major repairs), the management company will seek payment from them, not the new owner. This was explained by Peter Gusyatnikov, senior managing partner at the law firm PG Partners.

— Most utility payments must be made by the person who utilized the respective services. In other words, the new owner will not be held accountable for such debts, and they cannot be collected from them. The only exception is contributions for major repairs, which must be paid, but only within three years due to the statute of limitations, — clarified Vladimir Kuznetsov, vice president of the Association of Lawyers for Registration, Liquidation, Bankruptcy, and Judicial Representation.

When ownership of a unit in a multi-apartment building is transferred to a new owner, the obligations of the previous owner to pay for the expenses of major repairs of common property are also transferred. This includes the unfulfilled obligation to pay contributions for major repairs. However, this does not apply if the previous owner of the unit is the Russian Federation, a subject of the Russian Federation, or a municipal entity (public entity) (part 3 of Article 158 of the Housing Code of the Russian Federation). These nuances were highlighted by Srbuia Ivashchenko, a leading lawyer at the European Legal Service.

— If you have settled (in whole or in part) the debts for contributions to major repairs of the previous owner — a public entity, you have the right to submit a request for recalculation and return of the paid money or to offset it against future payments to the regional operator (Letter from the Ministry of Construction of Russia dated 01.09.2017 N 31284-АЧ/06), — added Srbuia Ivashchenko.

Avoiding the purchase of an apartment with debts is quite simple; before the transaction, it is enough to ask the previous owner to provide a certificate confirming the absence of utility debts. This can be obtained from the management company. This recommendation was provided by Peter Gusyatnikov.

— Contributions for major repairs are paid differently in various places: in some cases, they are included in the overall utility bill, while in others, they are billed separately. This must also be taken into account to avoid being in a situation where you have to pay someone else's debts. Be sure to ask the previous owner to show you the standard payment receipt. If it does not contain a line for “major repair contributions,” they must also provide a certificate of no outstanding debts from the organization that receives payments for major repairs, — added Peter Gusyatnikov.

If utility debts are discovered after the purchase of the property, the new owner should contact the sellers and request payment for them. However, if they refuse, the buyer can demand the opening of a new personal account with the management company, and the recovery of the old debts from the previous owner will be their responsibility. Vladimir Kuznetsov pointed out these aspects.

— To avoid potential disputes and risks, it is strongly recommended to request from the seller documents confirming that they have no outstanding debts for utility payments before signing the sale agreement. Additionally, the acceptance and transfer act should specify that such debts are not transferred to the buyer, — noted Srbuia Ivashchenko.

Lawyers have emphasized that both residential and non-residential property owners will have to pay for major repairs. In the latter case, many owners may not immediately learn about the debts. This is because the owner of a non-residential property must enter into direct contracts with each utility provider. Ultimately, this results in about 4-5 separate bills. Many simply forget about major repairs, especially if it concerns new buildings. In fact, all owners, whether of residential or non-residential properties, are obligated to pay for major repairs, even in newly constructed buildings. The relevant bills are generated a few years after the building is put into operation. Payments for major repairs are required even if your building does not need them in the coming years.