Privatization of official housing: grounds, procedure, features

Read on our website about how to privatize an apartment for a military man, whether it is possible to privatize cooperative housing, whether it will be allowed to privatize an apartment with debts on utility bills, and also who has the right to re-privatize the living space.

Let's start our article with the concept - what is service housing?

In accordance with the housing legislation of the Russian Federation, housing is official housing, in particular, apartments and rooms provided to citizens in connection with work; we are not talking about a social tenancy agreement and transfer to private ownership. Service housing is provided to employees for use under a rental agreement, the validity of which terminates along with the expiration of the employment contract. Accordingly, when the employee’s work activity is completed, he and his family members must vacate the official housing and look for an alternative place to live on their own. However, Russian housing legislation also provides for a number of exceptions that provide for the provision of other housing to citizens after the expiration of the employment contract:

in the event that family members of a person liable for military service, a firefighter or law enforcement officers who died or went missing in the performance of their official duties live in the official apartment;
if family members of a deceased employee who entered into an agreement for the use of departmental housing live in the official apartment;
in the event of the retirement of an employee who received such housing;
in the event that an employee receives group I or II disability due to the fault of the employer (disability after an injury at work, occupational disease, etc.);
in the case of orphans or children left without parental care living in a service apartment.

Reasons

The main basis for privatization of a service apartment is the consent of the owner. All other factors often do not play a special role and remain on the conscience of the owner of the premises. According to average data, potential apartment owners must meet the following requirements:

They must enter into a rental agreement for this premises with the owner-enterprise.
Residents or a tenant who has entered into a rental agreement must work in this company for at least 10 years. And he must live in the apartment for the same amount of time. It should be borne in mind that this norm is not fixed anywhere and is not formally binding. However, for a company that does go for privatization, it is important that the employee who registered ownership of the property continues to work successfully.
Free privatization is possible only once in a lifetime, so it is important that a company employee has not previously participated in it. On the other hand, since the premises belong directly to the enterprise, it can simply be donated to the tenant, so the right to privatization will not be used.

Is it possible to privatize service housing?

The special legal status of this issue indicates that it is quite difficult to privatize a service apartment, while the law directly prohibits the transfer of such housing into private ownership on a general basis, since it does not belong to the state (Part 1 of Article 4 of the Law “On the Privatization of Housing Stock in RF"). However, the right solution can be found for any situation, including in matters of privatization of official housing. Transfer of a departmental apartment or room into private ownership may be possible with the written consent of the employer to whom this housing stock belongs. Article 7 of the Housing Code of the Russian Federation establishes a rule according to which housing that has the status of state or municipal is regulated by the provisions of the Housing Code on a social tenancy agreement. At the same time, the Resolutions and clarifications of the Supreme Court reveal the possibilities of the issue of privatization of official housing stock. Thus, in 2006, a decision was made on the mandatory registration of office residential premises in the Rossreestr (Definition No. 35-B 06-12). In the absence of transfer of such premises to specialized housing stock (Article 92 of the RF Housing Code), they cannot be considered official, according to Art. 4 of the Law on Privatization does not apply to them, and citizens living in them acquire the opportunity to transfer official housing into private ownership.

Do I need to become an owner?

The size and condition of apartments provided by enterprises, as a rule, leave much to be desired. Since such housing is temporary, residents move into it for a short time and change frequently.

It is clear that none of the residents invest any significant funds to maintain the satisfactory condition of the apartment , and the owner company does not pay special attention to such apartments. As a result, the condition of the living space 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 full right to dispose of the apartment at your own discretion.

Privatizing a service apartment is worth it 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 if the condition of the technical equipment of the living space and its general condition are not in order, you need to think about whether it is worth becoming an owner.

After privatization, the maintenance of the apartment will fall entirely on the shoulders of its owner. All internal work, including replacement of the heating system, water supply, sewerage, will need to be done at your own expense, while hiring workers.

If you are in line to receive 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 official living space does not deprive citizens of the right to improve their living conditions.

If citizens living in a service apartment do not have other housing and are on a waiting list for improved housing conditions, they cannot be evicted without providing alternative housing .

Since in Russia there are practically no residential premises that the authorities can provide for relocation from service apartments, the premises can be occupied virtually indefinitely .

You can also find out what tax owners of privatized apartments must pay on our website.

How can you privatize a service apartment?

How to privatize a service apartment?

Privatization of official housing is carried out only by permit. It cannot be said that the likelihood of obtaining such permission from the employer is zero, since some organizations offer various programs that attract young professionals and experienced valuable workers, for example, transferring housing ownership to the employee after 10 years of work at the enterprise, in addition, some employers remove from their balance living quarters by donating them to employees in need. In any case, an application to remove the official status from housing is submitted to the administration or department. The period for consideration of the application is 2 months, after which the administration can make a positive decision or refuse to transfer the property on the balance sheet of the enterprise to the ownership of the employee.

Legislative norms

On July 4, 1991, a regulatory act was introduced - Law No. 1541-1, which regulates all issues of privatization.

The law highlights the specifics of the procedure:

There is no privatization fee;
a person makes a decision to carry out privatization on a voluntary basis at his own discretion;
Each person has the right to carry out privatization no more than once in his life.

At the same time, there are a lot of other related actions that you will need to pay for. For example, issuing an extract from the Unified State Register will cost 200 rubles, a housing technical plan will cost 1 thousand rubles, and carrying out cadastral work will cost several thousand rubles. Notary agencies independently set prices for their services.

You can exercise your right to privatization at any convenient time. Previously, there was a restriction regarding the deadline for exercising the right, but at the beginning of 2021 it was canceled.

The legislation establishes a list of real estate objects that are not allowed to be privatized:

objects with emergency status;
dorm rooms;
living space located within closed military camps;
service housing.

If the applicant for privatization was refused on other grounds, then he has the right to challenge the negative decision.

The right to privatization is available to people who have worked for at least 10 years in the following areas:

The procedure for privatization of official housing

Privatization of a service apartment includes several main stages:

Transfer of residential premises from the status of official housing stock. To do this, the department or enterprise on whose balance sheet this housing is located must transfer it into ownership to the local municipality on the basis of a mutual agreement.
Submission of an application to a municipal institution by an interested person about his intention to privatize housing. Along with the application, a copy of the passport and an extract from the technical passport of the residential property are submitted.
Consideration of the application in the manner and within the time limits established by federal legislation and legal acts of local authorities.
The administration makes a decision to issue a privatization permit or refuse (most often, this occurs due to unreliable information in the documents).

An interested person has the right to eliminate all shortcomings in the documents submitted for the privatization of official housing within the period - before the end of the all-Russian privatization of the housing stock and again submit an application to the municipal authorities.

In case of a positive decision, an agreement is concluded between the interested person and the housing department of the local administration with its registration in the Rossreestr.

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.

Features of privatization of official housing

In matters of privatization of official housing in the legal institution, there are some peculiarities. Thus, if a department or enterprise refuses to privatize, the interested party has the right to file a claim in court regarding:

the administration of the enterprise - with a requirement to contact a municipal institution with an application for the transfer of such housing;
municipal organization - with the requirement to transfer housing into the ownership of the interested person.

In addition, it is worth noting the fact that housing can be transferred from official property to private ownership through a donation agreement in relation to the property or under an apartment purchase and sale agreement indicating the minimum estimate of its value.

A citizen who has previously exercised his right to transfer a service apartment into private ownership does not have the right to re-privatization.

The privatization of official housing by military personnel is also one of the features of the transfer of departmental apartments to private ownership. The solution to this issue directly depends on the status of the military unit. So, if it is closed, then privatization of housing will be impossible and the apartment of the person liable for military service and members of his family will have to be vacated upon completion of his term of service or his transfer to another military unit. In other cases, the Ministry of Defense of the Russian Federation and its established structures, acting as the owner of the apartments, have the right to make a positive decision on the issue of transferring the housing stock into ownership of a military person. Article 4 of the Federal Law on the Privatization of Service Housing provides for a ban on the transfer of housing facilities into private ownership, but this provision does not apply to housing facilities of state farms and similar agricultural enterprises. Accordingly, rural residents have the right to demand the provision of municipal or departmental housing into private ownership.

Reasons for refusal and recourse to court

As practice shows, privatization can be refused only due to the submission of an incomplete package of documents. If documents with signs of forgery are presented or permission is not received from the property owner, then there can be no talk of privatization.

If the company refuses to issue a permit, the citizen has the right to defend his rights in court. To do this, you must submit a statement of claim.

If a citizen lived for a long period of time in another place and wants to take a certificate from the BTI, then you should pay attention to whether he has changed his last name. If the surname has been changed, then an additional certificate from the civil registry office is provided.

To summarize, we note that for many workers, a company apartment is the only place to live. Therefore, you should take the opportunity and try to re-register the property as personal property. After receiving the appropriate documents on ownership, the employer will not be able to ask the worker to move out of the living space.

Note to public sector employees - we are studying judicial practice

Considering that apartments from work are mainly used by employees of those organizations that are financed from the federal treasury, it is worth saying that the owner of such premises is also the state. As judicial practice shows, public sector employees therefore have an increased chance of obtaining ownership of such housing, since it often does not need to be transferred to municipal status.

What judicial practice will tell you:

In some cases, the employer will not have to wait for 10 years of service to try to register the apartment in his own name.
Family members living with the employee have the right to a share in the purchased premises.
After the death of the tenant, relatives can sue to establish their right to transfer the housing to themselves.
The employer's refusal to carry out the procedure cannot be appealed to any authority.

Minor children of employers who are going through the privatization process for the first time are sure to receive a share in such housing. If they signed a refusal to participate, they are assigned the right to lifelong residence in the apartment.

Have questions? ask a lawyer for free

In practice, this is only possible through the courts. With the purchase of office space, things are much simpler. Not long ago, the Government Decree of September 21, 2021 came into force. Service apartments. Moscow Government Decree No. 711-PP dated 08/05/2008 (hereinafter referred to as the Regulations) states the following: “With citizens living in residential premises owned by the city Moscow, previously provided to them on a sublease basis or as official residential premises, having worked in organizations (enterprises) that provided residential premises, or in total in organizations financed from the budget of the city of Moscow, for 10 years or more, are concluded for the occupied by them living quarters: 1.1.

Is it possible to buy a service apartment?

Moscow. Service apartment Important No. 29 “On ensuring the right of Moscow residents to residential premises.” 1.2. Purchase and sale agreements with installment payment or using residential mortgage lending at prices established by legal acts of the city of Moscow, if the occupied residential premises and the total area of all residential premises or parts thereof, in respect of which any of the family members has independent right of use or right of ownership, exceeds the size of the living space specified in clause 1.1 of these Regulations, but not more than one room for each family member in accordance with Article 33 and Article 35 of the said Moscow City Law.”

Service-type housing, although provided free of charge for living, still has significant differences from social apartments. The square meters allocated by the employer are provided to the employee under a rental agreement with a clear limitation on the period of residence in it - for the duration of work. If an employee is dismissed at his own request or due to gross violations of labor discipline, he loses the right to continue to be in the premises and must leave it as soon as possible.

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Is it worth buying an apartment now in 2021 - 2021

Attach the necessary documents and certificates to the application. Including cadastral documents from the BTI (extract from the cadastral passport of housing, a certificate of the cost of housing according to the cadastre, a copy of the cadastral plan of the apartment).

Prosecutors will be given an apartment for 10 years of service

To call a specialist to your home, you must make a special request. Also, the BTI may require you to provide a copy of the social rental agreement, which the apartment user receives in hand at the time of receipt of the apartment. If municipal housing is registered for several persons at once, all of them are required to personally visit the department.

Such premises can be privatized only after they become municipal property (if the owner is different). After this, there must be the consent of the owner of the property for privatization to be carried out by another person.

Documents for privatization provided to the owner

When submitting an application, the owner will need the following documents:

copies of passports of all persons registered in the apartment;
a copy of the financial personal account;
extract from the house register;
certificate of absence of debt for payment of housing and communal services;
single housing document;
BTI documents (explication and floor plan);
a copy of the work record book of the tenant of the premises (to whom the housing was provided), and in the event of his death, an additional copy of the death certificate;
a copy of the order to register as those in need of improved housing conditions;
certificates of registered rights until December 31, 1998 for all family members;
extracts from Rosreestr on rights registered after December 31, 1998;
a copy of the marriage/divorce certificate (if available);
a copy of your passport and a copy of the power of attorney of the person who represents your interests under the power of attorney.