Service apartments are apartments owned by institutions or organizations and provided to their employees. for the duration of the employment relationship between employer and employee.
Living in such housing under the Law is temporary. The employee and members of his family live in a service apartment throughout the duration of the employment relationship on the basis of an employment contract.
The lease agreement for such housing is subject to termination at any time at the initiative of the tenant or by agreement of the parties. Enterprise in unilaterally has the right to terminate the lease agreement through a court or expiration employment contract with an employee.
Moreover, the contract can be terminated even if the dismissal occurred before the end of the contract with the enterprise. After an employee terminates the employment relationship with the enterprise, he must vacate a dwelling without providing another area for living.
Exception are:
How to privatize corporate housing? The Law "On privatization ..." in paragraph 2 of Article 4 contains a reservation on the possibility of privatization of official residential premises by decision of the owner.
Because the this species living space owned directly by enterprises who provide apartments to their employees for the duration of their official duties, the decision on the possibility of transferring them to private ownership remains with them.
Such a norm was recognized as not contradicting the Law by the Resolution of the Constitutional Court No. 9 - P of March 30, 2012. The enterprise issues a regulatory legal act, and on its basis housing is transferred to the private ownership of citizens.
Thus, the privatization of service housing becomes possible with the permission of the relevant organization that manages its own housing stock.
In addition, there are a number of residential premises transferred by state or municipal unitary enterprises on the balance of city administrations.
After the transfer, they lose their official status and are provided to citizens on the basis of. Their privatization is possible without any conditions, since they become.
At present, many large cities have adopted their own by-laws regulating the procedure for the privatization of corporate housing.
For example, in Moscow, according to the Decree of the government, employees living in them and who have worked in the company for 10 years or more.
You can find out how to privatize an apartment, if, how to restore it, as well as the procedure for a dwelling, on our website.
The size and condition of apartments provided by enterprises, as a rule, leave much to be desired. Since such housing is temporary, tenants move into it for a short time and are replaced often.
It is clear that none of the residents invest any significant funds for maintaining a satisfactory condition of the apartment, and the owner company does not pay special attention to such apartments. As a result, the condition of housing is deteriorating every year.
Of course, if you have lived in this living space for a long time and invested in its renovation, it is worth becoming the legal owner of these square meters.
After all, privatization will give you the full right to dispose of the apartment at your discretion.
It is worth privatizing a service apartment for those citizens who plan to change their place of work. After all, as soon as you terminate the employment contract with the owner organization, the living space will have to be vacated.
But in the event that the condition of the technical equipment of the living space and its general condition is not in order, you need to think about whether it is worth becoming the owner.
After privatization, it will completely fall on the shoulders of its owner. All internal work, including the replacement of the heating system, water supply, sewerage, will need to be done at their own expense, while hiring workers.
If you stand on the waiting list for housing from the state, which will be clearly larger in area than a service apartment, you definitely do not need privatization. Since the presence of service housing does not deprive citizens of the right to improve living conditions.
If citizens living in a service apartment do not have other housing and are in line for improving their living conditions, they cannot be evicted without providing alternative housing.
Since there are practically no residential premises in Russia that the authorities can provide for resettlement from service apartments, it is possible to occupy premises virtually indefinitely.
You can also find out about what the owners of privatized apartments must pay on our website.
How can I privatize a service apartment?
Is it possible to privatize a departmental apartment? The decision to privatize a departmental apartment belongs to the enterprise - the owner. To receive it, the employer must write. The document is considered by the administration of the enterprise within two months.
After this period the employee-employer receives a formal decision on the issue. The refusal of the enterprise means the end of the privatization procedure.
By law, it is impossible to force the owner to transfer the residential premises to private hands, and no amount of litigation will help you.
If the administration of the enterprise agrees to the transfer of ownership of office premises, the privatization procedure begins.
The law imposes a clear ban on the privatization of service apartments in emergency houses.
In addition, persons who have already participated in privatization will not be able to register the ownership of an apartment. The exception is persons who participated in privatization for the first time under the age of 18.
You can learn how to achieve it from our article.
How to privatize a service apartment? Before proceeding with the privatization of a specialized residential premises previously received from a particular enterprise, it is necessary to find out whether it remains on the balance sheet of the organization at present.
The number of departmental housing has now drastically decreased, and perhaps your apartment is no longer the property of a particular enterprise and is already transferred to the balance of the municipality.
If a particular enterprise ceased to exist or was reorganized, but according to the documents it did not betray its own housing stock to local governments, this issue must first be resolved.
Is it possible to privatize rental housing? Citizens residing and registered in such premises have the right to put forward demands for the conclusion of a social contract with them. recruitment to participate in privatization.
Fundamental to decision making is study of the contract of employment. Moving into a service apartment is carried out according to two types of contracts: social or service hiring.
If the apartment in Rosreestr is not listed as departmental office space, a positive outcome of the case is most likely possible. If the premises acquired the status of a service after you moved in, then this status is not valid and you can challenge it in court.
Registration of the ownership of a service apartment consists of the following stages:
The service apartment is transferred to the balance of a particular municipality.
From this point on, the living space becomes municipal, and it becomes possible to transfer it to private hands.
The transfer process takes place on the basis of an agreement between the two parties and the preparation of relevant acts.
After the transfer of the apartment to the ownership of local governments, the employee, citizen submits application for privatization. The following documents are attached to the application:
Within two months, the relevant organization analyzes the documents and makes a decision. Based on the results of consideration of the application, a privatization agreement.
If the decision is negative, the applicants must ask for a waiver in writing.
In case of refusal due to errors in the documents or the absence of any of them, the application can be resubmitted after the defects have been eliminated.
After signing the contract, each participant receives in Rosreestr Certificate of ownership.
In what cases is it necessary to privatize departmental housing through the court?
The transfer of ownership of office space is often impossible due to the disagreement of the administration of the enterprise. In this case, it is worth taking attempt to transfer property to property through the court.
Numerous advice on filing a lawsuit against an enterprise or administration with a request to transfer an apartment owned by an organization to a municipal fund has no basis.
Citizens are not entitled to make such demands, therefore the only possibility privatize a service apartment in case of refusal of the owner enterprise- Appeal to the judiciary.
Residential tenants file a lawsuit in which the company is the defendant. The application must contain a requirement to transfer a departmental apartment to the balance sheet of local governments in order to removal from his official status.
Substantiating such a claim is not an easy task, since the company can dispose of its own real estate at its discretion, and the court grants such claims in exceptional cases.
However, there are circumstances under which a positive court decision is possible. The court will take the side of the applicant if:
As shows arbitrage practice, often courts in large cities do not allow the privatization of office apartments so as not to provoke an increase in the number of precedents.
Be aware of the existence of appeals and, if you have grounds for privatizing housing, file a protest with higher judicial authorities. Despite the presence of a ban in the law, the privatization of service housing is still possible under certain conditions.
To increase the chances of a successful outcome, it is advisable get help from a qualified lawyer.
Can corporate housing be privatized? Consultation of a lawyer on the topic of privatization of a service apartment in this video:
Many government employees and those who work away from home are interested in the issue of corporate housing. In particular, is it possible to formalize the ownership of it. It depends on many nuances. Today we will tellhow can a teacher get an apartment from the state for freeor how to privatize residential real estate workers in other areas.
Spoiler: corporate housing can be privatized. But in order to understand how to do this, you need to understand what it is in general, how you can dispose of such real estate and what it is received for.
Service housing is a private house, an apartment, a dormitory room or other residential premises that are provided to the employee for living during the entire period of his employment. For example, a person gets a job public service and immediately gets an apartment, works for 15 years and lives in it all the time.
Service housing is provided only to those who need it: for example, those who have no residential property at all or work far from home. If you already have an apartment, house or other housing in the city where you work, you will not receive service housing, regardless of its condition.
In office real estate, together with an employee - those who have concluded an employment contract with an enterprise or a state structure - members of his family can live: parents, spouses, children and others. All of them must be specified in the contract of employment.
An employee who has received service housing and his family can apply for registration at the place of residence, but only temporary. The period of temporary registration is usually equal to the period for which an employment contract is concluded: that is, if the employee leaves or his contract ends, the registration is canceled. The term of employment also directly depends on the contract or employment contract: as soon as the employee leaves, the employment contract is terminated, and the former employee has to look for other housing.
According to Article 93 of the LC RF , service housing is provided for the residence of citizens in connection with their labor relations with state authorities, municipal or state unitary enterprises, in connection with the service and in a number of other cases.
If to speak plain language, temporary housing can be obtained by:
🏡 deputies when they arrive in other cities or regions for elections, other events;
🏡 military personnel, but only those who have signed contracts: conscripts live in the barracks;
🏡 law enforcement officers - police officers, detectives, investigators and others;
🏡 civil servants - employees of departments and ministries, judges and others;
🏡 teachers and doctors, especially those who decide to go to the countryside: the state encourages the development of education and medicine in the regions;
🏡 firefighters and other employees of the Ministry of Emergency Situations, especially in cases when they are sent to help other regions.
In this case, the rule described above applies: if a civil servant, doctor, deputy and other categories of citizens who have the right to housing already have an apartment, house or cottage in this region, they will not receive anything.
Also, private structures can issue official housing: large manufacturing and processing companies, trading firms, various organizations providing services, and others. Formally, housing can be both official and owned by the company. In the second case, she can do whatever she wants with it, including transferring ownership to employees.
To obtain official housing for state employeesor other categories of citizens who may qualify for it, it is necessary to collect a package of documents. It includes:
📂 identity card - citizen's passport Russian Federation;
📂 confirmation that you do not have residential real estate in the region - for example, an extract from the USRN;
📂 work book to confirm that you are really employed in the organization in a certain position;
📂 certificate of marriage or divorce to confirm the absence, presence of a spouse;
📂 information about the composition of the family;
📂 a contract or an employment contract with a prescribed period, during which the employment relationship will be extended.
A package of documents is submitted either to the employer or to the local municipality. On the spot write an application or a petition for the provision of housing. Sometimes additional documents may be required - check complete list employer or administration. For example,the procedure for providing service housing to military personneldiffers from the standard: usually military personnel collect a large package of documents and wait for several months.
If you plan to get service housing from a private structure, you just need to write an application to the employer. According to the situation, he may ask for additional documents - for example, an extract from the USRN.
When the application is approved, you will be given an apartment, house or other living space. When handing over the keys, you will be asked to sign the act of acceptance and transfer of real estate. Pay special attention to it: indicate in the act all the shortcomings. Otherwise, upon eviction, you will be obliged to eliminate them at your own expense - the apartment must be returned in the same condition in which it was given to you.
As we have already explained above, after dismissal, you need to vacate housing. But the law provides for a number of situations in which you can stay to live in an apartment. For example, they often leaveservice housing for military personnel under contractwith a certain length of service.
By Article 103 of the LC RF, there are certain categories of citizens who cannot be evicted without providing them with alternative housing. These include:
🔸 family members of employees of the Ministry of Internal Affairs, military personnel and other employees of state bodies who died or went missing in the performance of their official duties;
🔸 disabled people of groups 1 and 2 who have lost their ability to work due to the fault of the employer, who were injured at work, if they acquired occupational diseases;
🔸 pensioners who have worked in public institution before retirement;
🔸 citizens with young children in their arms;
🔸 orphans and children left without parental care;
🔸 family members of the worker who has died.
All of the above categories of citizens must receive other housing in return. Moreover, it must necessarily be located within the settlement in which the service housing is located, and the conditions of real estate should preferably be the same or better.
There is another way to stay alive after being fired. If in the course of your work the property was transferred to the ownership of the municipality and lost the status of service housing, you can conclude a social tenancy agreement with the administration. But for this you will have to prove that you need support: apartments under social rental agreements are issued only to certain categories of citizens.
The situation is twofold. Service housing usually has an appropriate legal status. Unlike real estate, which is rented out under a social contract, such housing is occupied temporarily. BUTexpressly prohibits the privatization of official housing along with emergency real estate, dormitory rooms and housing in closed military camps. But the same law contains exceptions: the housing stock of state farms and other agricultural enterprises, as well as the fund of social protection institutions in countryside can be privatized.
On the other hand, the regions have the right to independently establish local laws on privatization, including the privatization of service housing. There may be a special permit in your area: check the law. If not, it is still possible to issue the right of ownership. To do this, you need to change the status of real estate, that is, transfer it to the ownership of the municipality. Then it will be possible to draw up a social contract with the administration, and only then to privatize the property.
If housing is issued by a private company, it can also transfer it to the municipality for further privatization. And if the company's property does not have the status of corporate housing, the employer can simply sell it to you or transfer it under a special agreement.
It all depends on what status the housing is and who your employer is. You can act in six scenarios:
🚩 ask to transfer the status of housing to municipal, draw up a social contract of employment and privatize real estate;
🚩 to buy real estate from a government agency;
🚩 use an exception for military personnel;
🚩 to receive real estate under a contract from a private company;
🚩 buy housing from a private company;
🚩 apply to the court if the housing is not registered in any way.
First you need to find out the owner and status of the property.How to find out if a service apartment or a municipal apartment? You can directly ask the employer or order an extract from the USRN. This can be done directly in Rosreestr, through the MFC,onlineon the official website of Rosreestr. When applying, do not forget to pay the state fee and indicate the type of information you are interested in - the owner and status of the property.
For example, there is suchhousing for medical workers , military personnel, other categories of state employees. In this case, you first need to write an application addressed to the employer with a request to change the status of residential real estate for further registration of ownership. The employer will consider the application for a month, after which it will refuse or allow the privatization procedure. By the way, sometimes employers themselves offer employees to privatize official housing - in this case they issue a permit.
If the employer approves the application or issues a permit, he applies to Rosreestr and asks to change the status of the property or transfers it to the municipality. If the status changes, and the company remains the owner, it can simply transfer housing to the employee under a special agreement. If housing is transferred to the balance of the municipality, you will need to contact the administration and conclude a social contract with it.
Certain categories of citizens can apply for social housing rental:
🔍 low-income people who are officially recognized as such;
🔍 residents of emergency, dilapidated houses;
🔍 people with chronic diseases that are dangerous to others;
🔍 orphans and children left without parental care;
🔍 military personnel, including veterans of the Second World War and injured due to professional activities;
🔍 people who have lost their homes due to natural disasters, catastrophes;
🔍 Disabled people of I and II groups.
In some regions, other categories of citizens may apply for social employment - for example, families with many children.
If you belong to one of the categories, collect supporting documents, a certificate of family composition, your documents and documents of family members and conclude a social contract with the municipality. If not, the municipality can issue a social contract of employment instead of the old contract of employment with your employer, but the administration does not always meet halfway.
There is a nuance. If during the course of your work the employer transfers the apartment to the municipality, you can live in it for the entire period remaining in the contract. Or your employer will be required to provide you with other work accommodation.
Most often this worksaccommodation for police officersand other state structures: first, the status of housing changes, then a social contract is concluded, and only then the apartment is privatized. For the privatization itself, you need to contact the municipality with which the social lease agreement has been concluded and obtain permission. Then, with an agreement, a permit and a passport, contact Rosreestr and formalize the ownership. If you live in an apartment with your family, you will be issued fractional ownership for each family member.
Property can only be privatized once. If you have already undergone the procedure, you will be refused.
There is a loophole in the legislation that allows the privatization of service housing according to the standard procedure. To do this, you must live in it for at least 10 years, work for at least the same period and need residential real estate.
In this case, the state allows you to buy office housing. The cost is set by the municipality or the structure that owns the property. Most often the price is below the market average, in some cases much. The employer first changes the status of the property and then sells it under a standard sales contract. You pay money and formalize the ownership of real estate in Rosreestr.
Separate legislative acts provide for exceptions for military personnel. If the standard procedure for the privatization of service housing requires that it be first transferred to another status, then military personnel in some cases can do without this procedure.
The municipality allows the privatization of residential property without changing its status to military personnel who:
🚨 dismissed to the reserve by length of service, that is, they are actually pensioners;
🚨 were dismissed ahead of schedule due to poor health;
🚨 were prematurely transferred to the reserve during organizational and staff activities.
Also, family members of a serviceman who died in the line of duty have such a right.
To formalize the ownership of real estate, you need to collect a package of documents - a passport, a letter of resignation, an extract from the Unified State Register of Real Estate about the absence of other housing and other papers. Exact list required documents may differ depending on the region, subdivision of internal forces, situation - check it with the leadership.
Companies often buy real estate and then provide it to employees for living, but at the same time they do not formalize it with the status of service housing. In this case, the owner of the apartment or house is your employer, and there are no restrictions on the transfer of ownership to the employee, that is, you.
So pass office housing in the property after 5 years of work, 10 or 15 years of experience. It is beneficial for employers to keep valuable employees working as long as possible, so they are ready to provide such conditions: transfer ownership of the apartment after a certain period of time.
Most often, they draw up a gratuitous transfer of ownership of real estate, that is, a donation agreement. It indicates:
🔹 cadastral number and specifications real estate object;
🔹 details, surname, name and patronymic of the director of the organization - donor;
🔹 last name, first name, patronymic and passport details of the employee, that is, the donee;
🔹 date and place of conclusion of the donation agreement, essential conditions entry into force.
The employer can draw up a suspensive or revocable gift agreement. Suspensive - one that takes effect on a certain date or when certain conditions are met: for example, if an employee has worked in the company for 10 years. Cancellative - one whose action is canceled by some events: for example, if an employee quits.
After fulfilling the conditions specified in the contract, you will be able to apply to Rosreestr, pay the state fee and register the ownership. You will need to provide a donation agreement as a basis for the transfer of ownership to you.
Three types of contract can be used:
📜 Purchase and sale agreement. In this case, you immediately pay the entire amount, apply to Rosreestr, pay the fee and receive an extract from the USRN confirming your ownership of the property.
📜 Contract of sale with installments. In this case, the employer may withhold part of the salary, or you yourself will transfer money to him every month until you pay the entire amount. The right of ownership can be issued immediately, but until you give all the money, the housing will be encumbered, that is, pledged to the employer.
📜 Leasing. In this case, you also pay the cost of real estate in equal installments, but you also pay rent. Ownership is issued after the payment of the entire amount.
In 2006, a law was passed that obliges companies to register corporate housing in a certain status. But sometimes real estate does not have this status due to the fact that the company went bankrupt, was reorganized or for other reasons. If you live in such an apartment, you can apply to the court to recognize your right to privatize real estate.
Arbitrage practiceshows many examples where such claims were approved. But for privatization, you will need to spend time, pay the state fee for filing a claim, find a good lawyer who will help you defend your position.
If you want free housing, look forvacancies with the provision of corporate housingor privatize your existing property according to one of the scenarios presented above. Keep in mind that in different regions there may be different privatization standards, document requirements, and conditions for registering property.
Registration of labor relations with an employee obliges some organizations to provide official housing. Typically, residential premises are allocated for the duration of work, and after the dismissal of an employee, the apartments are returned back to the enterprise. Of course, the workers may have a question, is it possible to privatize a service dwelling and become its full owner? The situation is ambiguous - on the one hand, the law prohibits the privatization of such apartments, but on the other hand, the procedure is still possible.
Below we will talk about who has the right to privatize office housing in 2020, what grounds are needed and will it be necessary to apply for judicial protection?
Before understanding the nuances of the procedure, let's define - what is a service dwelling and how does it differ from a municipal one?
By definition, service housing is premises provided to employees of organizations on the basis of an agreement (order). At the same time, in contrast to municipal apartments, you can use housing from the special fund until the expiration of the contract with the enterprise.
After that, the employee and his family are obliged to vacate the premises occupied by them. But not always - there are exceptions to the rule.
Not subject to eviction from the office:
You can live in service housing, but you cannot privatize it without the consent of the owner. This is an example of the second difference from municipal real estate, which is owned by local governments.
On a par with the service, there is such a thing as “departmental housing” - the living space belongs to the state, and the organization is the user (manager). An institution cannot dispose of departmental apartments at its own discretion, so the privatization of departmental housing is also difficult. But do not despair, because further we will talk about options for transferring specialized housing into private hands.
Having studied the statistics, one can notice that housing from the special fund of the Russian Federation is privatized extremely rarely. It follows that the procedure is quite time-consuming and requires good reasons. And besides, not every institution wants to voluntarily part with objects from its housing stock.
As we have already found out, corporate housing belongs to enterprises, which means it is used by them for specific needs - providing employees with apartments for the duration of their employment relationship. Immediately after the termination of the employment contract, the property is returned to the company, and the dismissed employee is forced to look for new housing.
However, you can privatize a service apartment– but only a few know about it. The main conditions are to have claims to housing, a minimum work experience and to live in housing for a long time. After privatization, a person will be able to dispose of the apartment at his own discretion. But for this it is necessary that housing be transferred from the status of "service", for example, to "municipal" (see "").
The main option to privatize an apartment is to get owner's consent, i.e. departments or institutions. We will focus on this when analyzing the algorithm of actions.
The first thing to focus on is that only employees of the organization that provided them with an apartment on the basis of a rental agreement have the right to privatize a service apartment. Persons who have no labor relations with the company do not have such a right and cannot re-register housing from the special fund.
Scroll grounds for privatization:
Those who have expressed a desire to privatize an apartment can apply to their immediate employer. The final decision remains with the owner. The legislator does not oblige institutions to transfer housing from the fund to the property of employees. Hence and high percent refusals from organizations.
The regulation of privatization of office premises is reflected in the following legislative provisions:
The main message of the legislation is a ban on the privatization of office apartments. However, no one forbids transferring special housing to the status of municipal, and only then initiate privatization. Such a procedure, with a number of exceptions, is available to everyone and everyone - this means that it is possible and necessary to privatize office space.
In the section above, we found out that an employee must have worked in the organization for at least 10 years. Then and only then will he get the right to privatize free housing from the special fund. It remains to figure out who has the right to apply for the privatization of departmental housing.
The list of persons is as follows:
Separately, it should be noted narrow-profile specialists. As a rule, they create all conditions for productive activity. For example, the provision of corporate housing and rapid privatization after 5-10 years. This allows institutions to attract valuable workers for a long period of work in the region.
Actual residence in specialized housing does not occur on its own - the employer and employee must be in an employment relationship (official or contractual). In addition, the parties sign office space lease agreement. Acting on the basis of such a document, the employee has the right to move into an apartment and live in it with his family.
The form of the contract of employment is strictly written; verbal agreements are not allowed. The agreement is classified as urgent. In other words, an order always has a period of validity. For example, a specific date or period of employment of a person in a given organization. After the expiration of the warrant, the employee and members of his family are required to leave the apartment, unless otherwise provided by the contract.
Main treaty provisions:
Failure to comply with the conditions on the part of the employer entails the termination of the contract with appropriate sanctions. The final decision remains with the departmental institution or enterprise.
The tenant will have to achieve an important action for himself - the transfer of the premises to the category of municipal. Of course, this cannot be done without the consent of the organization. If there is no consent, but the tenant has claims to the office premises, he can apply to the court with a statement of claim. We will talk about this procedure below, but for now we will consider the algorithm for privatizing specialized housing.
Enterprises and departments have office apartments or residential premises on their balance sheets. As long as housing is in its current status, it cannot be privatized (Article 4 of the Federal Law “On Privatization…”). Therefore, the procedure is built around obtaining permission from the property owner.
Algorithm for the privatization of a service apartment(briefly):
The housing transfer of a service apartment to the category of a municipal apartment means the transfer of housing to the disposal of the municipality. Further, the design takes place in the standard order. We recommend that you pay attention to - read on our portal how to do this quickly.
The transfer of a service apartment into ownership is a rather energy-consuming event. But if you follow all the steps and get permission from the owner, a departmental apartment may well become private property.
Detailed step-by-step instruction privatization of office premises:
STEP - 1: Changing the status of housing
The transfer allows you to further privatize the apartment. Now this is perhaps the only option to re-register housing in private hands. The transfer of a service apartment to another category is executed in the form of an agreement between the department (owner) and the local administration (new owner). Ordinary citizens do not participate in the procedure - they can only initiate a transfer by submitting a statement to the employer.
STEP - 2: Contacting the administration
As soon as the housing loses its current status and passes to the municipality, it will be possible to privatize it according to the usual procedure. The applicant applies to the local administration with a written application according to the model.
STEP - 3: Consideration of the application
The submitted documents and the application are considered in order of priority. Employees of the local administration will check whether a person has the right to privatize a dwelling. If everything is in order, then the municipality issues an order to privatize the apartment.
STEP - 4: Conclusion of the contract
Usually several people live in the apartment - the tenant and members of his family. The responsible person will need to obtain the consent of each of them. After that, the tenants sign an agreement with the administration, and if one of them does not want to participate in privatization, a notarized refusal must be drawn up. After signing the contract for obtaining an apartment, you can proceed to the next step.
STEP - 5: Registration in Rosreestr
The final and most important stage is the confirmation of ownership in the Cadastral Chamber (Rosreestr). Here you also need to draw up an application, submit documents and wait for registration. Starting from 2016, instead of a certificate of ownership, an extract from the USRN is issued. This document serves as confirmation that the apartment belongs to a citizen.
The list of documents for the privatization of corporate housing is not too long - the most important thing is to get permission to transfer it to municipal ownership. By the way, we have sorted out the complete one - what certificates you need to collect and how long it will take, read on our website.
Here is an example list of documents(may change):
Sometimes other documents may be required. For example, permission from the guardianship authorities or death certificates. The lawyers of our portal will help you to decide on the documents. We recommend using free consultation and then start the process.
The timing of the privatization of service apartments deserves special attention. A few years ago, everyone was waiting for the next term to be extended. Today, there is no need for this, since the privatization of housing in Russia has become indefinite. You can apply for re-registration of the premises at any time.
The procedure will take approximately 4-5 months if you do not need to go to court:
Do not be surprised if the deadlines are extended - there are a lot of people who want to get housing in the property. Often, the procedure takes up to 6 months, which, according to our realities, is not very long.
Legislation defines the privatization of service housing as a free procedure. But for the actions of Rosreestr employees, you will have to pay a state duty. Now she is making 2 000 rubles per person. Veterans of the Second World War and poor categories of the population are exempted from payment. The remaining costs may be associated with notary services, obtaining BTI certificates and other requests.
Read more about in our material.
Along with the usual procedure for transferring a service apartment to private ownership, there is also a forced one - by going to court. The reason is the unwillingness of the owner of the housing to issue a permit to transfer housing to the balance of the municipality.
You don't have to be an expert to understand that winning a lawsuit in this case is extremely difficult. If you do not have serious reasons, you can not even try to sue a state institution.
Example from practice: Kemerovo district court considered statement of claim Savrasov in relation to the power department. As it turned out, the plaintiff had served in the police since 2010, but his current term of service was less than 8 years. Then Savrasov filed an application addressed to the head of the Ministry of Internal Affairs for the city of Kemerovo with a request to privatize the service apartment. The man did not receive a response from the department. The plaintiff asked the court to provide an opportunity to privatize the housing after the transfer of housing to the balance of the Kemerovo municipality. The claim was considered, but the court dismissed the claim. The reason is the lack of consent from the department and the service life of less than 10 years.
Consideration of such cases proceeds from how strong the plaintiff's grounds are. The first thing that the courts pay attention to is the consent of the owner of the apartment. Given that no one has the right to force the consent of a state institution, the owner of real estate must voluntarily transfer housing to the balance of local authorities.
What contributes to a positive court decision in favor of citizens:
The main difficulties are weak legislative regulation and a small number of Supreme Court recommendations. This is partly offset by the accumulated judicial practice. But it is also contradictory - there are much more refusals in claims than their satisfaction.
Example from practice: A disabled person of group II, who was injured due to gross violations of TB by the employer, applied to the department with the aim of privatizing a service apartment. The man received housing under a special hire agreement and lived there with his daughter and her son. The family did not have a second home, and even more so, the possibility of renting it - most of the expenses were spent on medicines. However, the department issued a negative decision. The disabled person was forced to go to court with a request to grant him the right to privatize a service apartment. Grounds - getting a disability through the fault of the employer, living in an apartment for over 17 years, timely payment utility bills, the lack of alternative housing, the status of "in need". The demands were satisfied in full - the court ordered the employer to transfer the special apartment to the balance of the municipality and allow the family to complete the privatization. The apartment became the property of the disabled person and his daughter.
The privatization of housing in our country began in the nineties of the last century and continues to the present. According to various estimates, from two-thirds to 80% of apartments and residential premises occupied by citizens under social tenancy agreements have passed into private ownership. However, a number of categories of citizens experience difficulties with privatization due to the fact that they occupy departmental or service housing.
According to the Housing Code of the Russian Federation, all premises used as housing are divided into several categories:
Service housing is housing provided not for ownership, and not under a social lease agreement, but for the duration of work (employment contract) in the organization to which this housing belongs. If an employee is fired / quit, he and his family are obliged to vacate the premises (with the exception of cases directly listed in the law related to the death of the employer, his professional injury, illness, the presence of orphans, etc.).
Is departmental housing the same as office housing?
Often in everyday life, citizens operate with the concept of "departmental housing", mixing it with official housing. Interestingly, neither the Housing nor the Civil Codes of our country do not include such a definition.. Departmental housing is usually understood as public housing, which is in the operational management or under the authority of various government agencies and organizations, provided on certain grounds and for a while.
For example, persons holding elective public office (may temporarily live in such housing). Departmental housing may also be owned by non-governmental organizations. In the era of privatization of enterprises and their transition from state to private ownership, a significant part of the housing stock of enterprises and departments former USSR passed to new, private owners.
As you know, privatization is the transfer of occupied housing free of charge into the ownership of citizens. It is regulated by Law No. 1541-1 “On the privatization of the housing stock in the Russian Federation”, and the Housing Code. According to them, any citizen can exercise the right to privatization once.
However, the privatization of departmental/service housing is prohibited by law (Article 4 of the Privatization Law) and is possible only in a number of cases. Unlike, the privatization of a service apartment is carried out only in a permissive manner, that is, with the consent of the owner.
By submitting an application to the management of the organization that owns the residential premises, one can hope for a positive decision. There are cases when:
If the consent of the owner is obtained, (with minor differences). At the same time, as a rule, a person connected with him by labor relations applies to the owner of the housing, and privatization is carried out subject to the consent of all family members.
If the owner of the premises refuses to transfer it, the only possible way is to resolve the issue in court.
It is interesting that separate bills propose to allow the privatization of service housing (provided by state bodies, institutions) to a number of categories of workers public sector: doctors, teachers, scientists, rescuers, etc. To exercise this right, you will need to work for at least 10 years in your field, and be a “conscientious” employee. So far, however, such a law not accepted.
The procedure for privatizing service housing is somewhat longer than ordinary, municipal housing, and subject to the consent of the owner, consists of the following stages:
Submitted for the privatization of service housing, the same as in general cases:
In some cases, additional documents will be required.
It is important to know that documents and an application for privatization can be submitted through the MFC - the center for the provision of state and municipal services, if one has been created in the locality.
Asking the question whether the privatization of a cooperative apartment is necessary, it should be remembered that housing occupied under a social contract is subject to privatization. Co-op housing is not originally a council housing, so no need to privatize.
On the basis of a certificate of payment of a share contribution to the housing cooperative (which is a title document), citizens must apply to, for issuing a certificate of ownership. Only after that the owners of the apartment have all the rights to use, dispose of, own their real estate.
In the event that the owner of service housing does not give consent to its privatization, the case is resolved in court on a claim for recognition of such refusal as illegal. Attached to the claim is a certificate of family composition, an apartment, and the owner's refusal to privatize.
A positive resolution of the issue in court will be facilitated, according to established judicial practice:
It must be said that judicial practice in most cases develops in favor of residents, besides Supreme Court The Russian Federation has repeatedly given instructions on the procedure for resolving such disputes and the right of citizens to privatization in a general manner.
Some important nuances explains Oleg Sukhov.
Service housing is issued to employees of enterprises for the duration of work
Departmental housing is, in other words, office living quarters. It is issued to people for the period of performing a certain work.
In simple terms, a person goes to work on distribution in another city. There, the employer provides him with an apartment or a house.
It can be obtained by both specialists and employees. Each person dreams of his own home, which he will later be able to pass on to his children and grandchildren.
The applicant has the right to correct the shortcomings and apply for privatization again. When no obstacles to this procedure are identified, the municipality decides to conclude an agreement.
After that, all documentation is registered in the Russian registry. After that, the privatization of departmental housing is considered successfully completed.
Many people working on a budget expect to acquire their home in this way. It is important to understand that for the privatization procedure, the house in which the apartment is located was owned by the municipality.
When this procedure is carried out, the privatization process is carried out on a general basis, since the apartment is already being used under a social tenancy agreement.
Obtaining the right to privatize a departmental apartment through the court is a very problematic matter.
The administration or department does not always agree to the privatization of such housing.
When a refusal to carry out this procedure is received, you can try to apply to the court.
To do this, you need to file a claim against one of the organizations:
Of course, it is worth trying to solve the problem in judicial order. But there is practically no chance here. Since it is unlikely that the court will consider such actions lawful to force them to give up their property.
There must be a good reason for this to happen.
It is possible to achieve the transfer of a departmental apartment into personal possession through the courts only if the housing is not properly designed.
Here it is important to find out in advance whether there was an official transfer of the dwelling to the service category and whether there is a registration of this fact in the Russian registry.
Only in this case will it come out in court to get real estate in personal possession. In addition, the municipality is also not always in a hurry to make a positive decision on the possibility of real estate privatization.
When the case still comes to court, it is required to file a claim with the district authority, precisely at the location of the housing. It is important to indicate in the application that the municipality is preventing the process of transfer to personal ownership.
The judge, if there are good reasons, makes a positive decision on the privatization of the occupied space.
However, it is important to understand that no court can oblige the owner of real estate to conclude such agreements.
It breaks civil rights. And the legislation does not include provisions that allow changing the status of a dwelling at the request of tenants.
It should be understood that it is impossible to transfer housing belonging to a departmental type into personal possession when a person has already used such a right.
For example, if he previously lived in such an apartment under a social contract of employment and privatized it. Having taken another job and received another service apartment, he will no longer be able to transfer it to his property. This can only be done once.
So, departmental housing is real estate provided for the residence of employees. Office space may be privatized. But only as a dwelling under a social contract of employment.
ReplyIt is a pity that I did not know this before, my husband and I lived for eight years in a departmental apartment, and if we had known about the possibility of privatization after ten years, we would not have bought our own housing.
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Anna, privatized apartment becomes your property. Are you still planning to take departmental housing, and make money on privatized housing? You are unlikely to succeed. If only buy an apartment one more.
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Employers are now trying to attract high-value employees by subsidizing interest on mortgage loans. But the possibility of providing service housing with the right to privatize after a certain period of time is used for these purposes very little. And the option is very effective.
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