Social housing rental: what is it, transfer of official housing, can it be privatized?

Any low-income family has the right to take advantage of social rent, thereby improving their own living conditions. This right is granted by the state if the family meets the criteria established by law. Under what circumstances, for what period of time residential premises are provided and other nuances we will consider below.

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What is social hiring

This is primarily an agreement under which a citizen has the right to use residential real estate. The key point is that the right to use is granted, but he will not be able to sell or give it away.

This document is regulated by the Housing Code of the Russian Federation, Chapter No. 8, which indicates and spells out all the nuances relating to the social rental agreement.

What is a social tenancy agreement?

Circumstances of social rent, who has the opportunity to get an apartment

Only an individual can act as a tenant of social housing, namely:

Low-income citizens;
Foreign citizens or stateless persons whose provision of housing is prescribed in an international agreement;
Certain categories of citizens.

Low-income people include:

Citizens who do not have their own housing;
Families provided with this housing, but its area is less than the established norm;
Citizens whose living conditions do not meet the norm;
Living in the same living space as a sick person. A medical certificate is required.

This video will tell you more about the social rental agreement:

Housing is issued on a first-come, first-served basis, which is formed based on the registration period of individual citizens. Certain categories of persons are granted an extraordinary right:

People with chronic diseases;
Disabled people of groups 1 and 2;
Disabled liquidators of the Chernobyl nuclear power plant;
WWII veterans;
Victims of man-made and natural disasters;
Military personnel who received disability while fulfilling professional obligations.

When can a military man privatize housing?

Such a question as the transfer of official housing to social rent may become relevant already because the privatization law excludes the possibility of transferring any official premises into the ownership of a person, also noting that such decisions can only be made by the owners.
That is, it is the owner who disposes of the service housing. And only he decides whether it will be possible to transfer it into ownership in the future. Is it possible to transfer official housing to social rent, and how can it be privatized? What difficulties may lie in wait along this path? In fact, it will not be at all difficult to understand all the nuances of such issues.

Guide to obtaining social housing

A citizen who has decided to apply for an apartment should do the following:

Collect a package of documents and submit them to the housing department involved in this issue;
Submit an application and a set of documents. Receive a certificate of acceptance of papers;
The consideration of the issue takes approximately a month;
If a positive decision is made, the citizen is required to appear to conclude and sign the rental agreement. It is drawn up in 3 copies, one of which is given to the applicant. All persons specified in it must be present at the signing of the agreement.

Rights of the parties when concluding a social tenancy agreement.

Obligations and consequences of concluding a contract

Each agreement has its own obligations and consequences. The recipient's rights include:

Obtaining residential premises in accordance with the clauses of the contract;
Accommodation in provided housing;
Subletting of an apartment;
Admissibility of apartment replacement/exchange;
The right to make demands for compliance with the terms of the agreement from the lessor.

Responsibilities:

Use of housing only for its intended purpose;
Maintaining the original general condition of the living space;
Carrying out repair work;
Regular payment of utilities;
Promptly notify the landlord of likely changes to the agreement or any other provisions affecting the interests of the other party.

Landlord's rights:

Request for payment for the provided housing;

Landlord's obligations:

Provide vacant living space in a condition suitable for habitation;
Provide assistance in carrying out repair work of the building where the apartment is located;
Carrying out major repairs;
Tracking utility bills.

Grounds and consequences of termination of the agreement

Exchange of housing for another;
The employer took the initiative;
The parties came to a mutual decision to terminate the contract;
For other reasons specified in the contract;

The agreement can be terminated in court at the request of the lessor, for reasons that may include:

Non-payment of utility and other payments for more than 6 months;
Deterioration of the condition of housing due to the fault of the tenant;
Violation of the rights and interests of 3rd parties in connection with the actions of the employer;
Failure to comply with the conditions for using the premises.

Step-by-step instruction

The procedure for transferring departmental premises to citizens differs from the standard re-registration of municipal living space.

The algorithm of actions includes the following steps:

Request for owner consent.
Transferring the apartment to the balance of the municipality.
Preparation of documents.
Submitting an application to the local government authority.
Registration of property rights in Rosreestr.

If an enterprise or municipal authorities refuse to transfer an apartment, the tenant has the right to file a claim in court.

Application for privatization

The process of re-registration of real estate begins with contacting the employer. The form of an application for the transfer of housing is not regulated by law. The application can be written by hand or typed on a computer.

The document must indicate:

name of the employing organization;
applicant's details (last name, first name, patronymic, contact information);
information about the tenant’s family members registered in the apartment;
date and reasons for the provision of official living space;
technical characteristics of the premises (address, area, number of rooms);
a request for the transfer of real estate through privatization;
grounds allowing to register property (local acts of the enterprise, references to legislation).

Application form is available. The result of consideration of the application is reflected in the official response.

Decision of the organization that owns the premises

Law No. 1541-1 (Article 4) provides for the possibility of transferring departmental apartments to citizens if the owner of the housing stock does not object to privatization.

In most cases, to make a positive decision, the following conditions must be met:

the applicant lives in the apartment on the basis of an official rental agreement;
the employee conscientiously performs official duties;
Work experience at the enterprise (or in the public sector) is at least 10 years.

The decision to transfer (refuse) the premises is signed by the head of the organization. The document must be registered and certified by a seal.

The state grants rural residents the right to privatize service housing regardless of the consent of the owner.

Transfer of an apartment to the municipal fund

One of the requirements for applicants to receive property free of charge is to live under a social tenancy agreement. When moving into a departmental apartment, an employee signs an agreement for fixed-term use. In case of dismissal, the document ceases to be valid. Therefore, the main stage of privatization of office space is its transfer to the ownership of the municipality.

The re-registration procedure is carried out by the owner organization. The change in status confirms the decision of the local government to accept the living space on the city’s balance sheet.

The next step is to conclude a social tenancy agreement. The agreement with the municipality is concluded for an indefinite period.

List of documents for privatization

The list of papers that must be submitted to register ownership of premises includes many different certificates and extracts.

The required set of documentation includes:

statement;
consent (or refusal) of all family members to participate in privatization;
resolution on the transfer of official living space to the municipal fund;
social tenancy agreement;
certificate of persons registered in the apartment;
copies of residents' identification documents (passport or birth certificate);
technical passport of the object, prepared by BTI specialists;
an extract from your personal account (to confirm timely payment of utilities).

You may be interested in: what do you need to register in an apartment?

The state provides each citizen with the opportunity to participate in privatization one time (Article 11 of Law No. 1541-1). When applying for the transfer of housing, you must provide a certificate stating that the right has not previously been used.

Specialists of the municipal housing structure may request additional documents (for example, an extract from the Unified State Register of Real Estate about the absence of other real estate).

Application processing time

The legislation allows two months to make a decision on the free transfer of an apartment (Article 8, Law No. 1541-1). After the specified period, a privatization agreement is drawn up. The document confirms the transfer of official housing into the ownership of the tenant.

The agreement reflects:

information about the parties to the transaction;
address of location and characteristics of the premises (number of rooms, total area);
grounds for transfer of the property (hiring agreement, move-in order);
duties of the parties.

All persons participating in privatization receive a separate copy of the agreement.

Registration of ownership

A citizen becomes the full owner of an apartment only after entering data into the state real estate database.

The registration procedure consists of the following steps:

collection of documents;
payment of state duty (2,000 rubles for individuals);
submitting an application to the territorial division of Rosreestr or to the MFC.

During the registration process, the final change of copyright holder occurs. Information about the new owner is entered into the state real estate database.

Is it possible to transfer official housing to social rent?

At first glance, one gets the idea that it is impossible to re-register official housing as personal property. But if you carefully study Article No. 4 of the Law of the Russian Federation “On Privatization,” it becomes clear that in reality this is possible.

Institutions that own housing can, at their own discretion, decide on privatization. But in practice, companies are in no hurry to make such conclusions.

Where to start and what to do to transfer housing

Housing status. First of all, you need to find out the status of the premises, two options are possible:

the premises are officially considered municipal if the company has not registered it in the OGRN as official premises;
the premises are official, if the registration procedure has been completed with OGRN and Rosreestr.

Type of agreement. It is also worth paying attention to the agreement under which the residence was settled. Is it social or service hiring? If the premises are not listed in Rosreestr as official premises and the occupancy was carried out under the terms of social rent, the task of privatization is significantly easier.
Registration date. Carefully study the date of registration of the premises as business premises. If the “official” status was received after check-in, it is invalid.
Who assigned the status. In accordance with the law, only the bodies managing the Housing Fund can assign the status of official housing to a premises. The decisions of other authorities are unlawful.

You will learn more about the advantages of social rental housing in this video:

Algorithm of actions:

In any case, it is necessary to begin by submitting the appropriate application in order to inform management of the intention to privatize housing;
Wait until the end of the two-month period in accordance with Article No. 8 of the “Law on the Privatization of Housing Stock in the Russian Federation”;
Get a solution;
If the result of the application is disapproving, pay attention to the reasoning for the refusal. The reasoned refusal must be contained in the resolution on the application itself. If the justification for the refusal to privatize housing is in your opinion unclear and doubtful, resolutely file a claim in court;
If the answer to privatization is positive, be sure to take the originals of the following documents:

warrant for residential premises (if it was issued at the time of occupancy);
premises rental agreement;
cadastral passport;
personal documents of all family members.

It is better to find out a detailed list of documents from the Housing Administration at your place of residence, as it is formed by local and federal legislation.

A completed set of documents for the privatization of residential real estate must be submitted to the Administrative Department of Housing of your municipal district.

How to Convert a Service Apartment to a Municipal Apartment

If we talk about official housing, which is provided to military personnel, then it is worth noting that this issue has its own nuances of great importance. As a rule, service housing is provided within military camps. And if this is so, then the status of the locality plays a role.

The transfer of housing is carried out by submitting an appropriate application to the municipal authorities. And the application will also be considered for a certain period. It is most convenient to carry out all related procedures through the MFC, if such an opportunity exists.

Fundamental points (read more...)

Is it possible to privatize a service apartment?

After submitting the application, the relevant authority reviews it and, if the answer is positive, privatization agreement is concluded After its registration, the citizen must contact Rosreestr to register ownership of the apartment. After submitting the application to the above authority (with a package of documents attached), Rosreestr issues an extract from the Unified State Register of Rights to Real Estate and Transactions with It, which confirms ownership.
In addition, service residential premises can be transferred to local government bodies by a state or municipal unitary enterprise. In this case, housing will be provided not as departmental housing, but under a social rental agreement . That is, in such a situation, the home loses its official status . Therefore, a citizen living there can participate in privatization without the above restrictions related to status.

Privatization of official living space

In order for official housing allocated to military personnel during military service to be privatized, it is necessary to contact the owner with an application for its transfer from specialized, departmental premises to municipal premises, that is, to document the status of the occupied living space.
At the same time, it is difficult to count on a positive outcome in resolving this issue after studying the content of the Resolution of the Constitutional Court of the Russian Federation No. 13-P of October 24, 2000.

Service housing under a social tenancy agreement and its privatization

Aspects that complicate the issue When understanding how service housing differs from social rent, it should be noted that social rent is issued through the municipality, which is the owner of the apartment, and sometimes the entire house. There simply cannot be any other options. Service housing involves a more complex concept. In this case, the owner may be different. It will not necessarily be a municipality.

Lugashov V.A. turned to his employer with a request for information about the status of the apartment he occupied. Having not received a response to his request, Lugashov turned to the territorial body of Rosreestr, where he requested the above information. From the response provided by the said body, Lugashov learned about the lack of official status of his housing and initiated the privatization process.

How to Convert a Service Apartment to a Municipal Apartment

owners of housing stock;
bodies authorized by the owner;
enterprises to which such housing stock is assigned the right of economic management;
institutions that have the right of operational management of such residential premises.

Service housing provided by various organizations is a temporary way to solve the housing problem. However, in this situation, there is the possibility of privatizing such an apartment, which would be a solution to the above issue. To obtain this opportunity, several conditions must be met. Privatization can be either voluntary or by filing a claim in court.

How to register a service apartment as your property (read more...)