Privatization of official housing: myth or reality?

Procedure for obtaining official housing

While doing military service under a contract, an employee does not have to worry about housing: it is guaranteed to him by the state. In this case, three options for government support are possible:

• Allocation of money for the purchase of housing;
• Allocation of money for housing construction;
• Providing a finished apartment.

Not only the citizen receiving housing, but also members of his family can live in official housing. Housing space, as a rule, is located in populated areas where a military unit is located, or in nearby areas. The need for housing must be reported no later than 3 months after joining the duty station.

Housing standards for military personnel

When familiarizing yourself with the current system of accumulation of funds, a natural question arises: how much money will be transferred? The state allocates funds, which should be sufficient to purchase residential premises of the established size. Finding out the required size of living space is very simple - for a single serviceman, the apartment area should be 33 square meters, for a family of 2 people - 42, and if there are 3 or more family members, the norm will be taken at the rate of 18 square meters for each.

As noted earlier, this calculation does not limit the military personnel. You may well purchase an apartment with a larger area, but with your own funds contributed towards the missing amount.

The state annually transfers to the military personnel’s savings account the amount of money established by the Government, which consists of the main part (that is, the fixed amount established for the current year) and part of the interest that is due to the military man in connection with the investment of his accumulated funds. In this case, the amount due for payment will be paid in equal monthly installments throughout the year. The total annual amount in 2019 is RUB 280,009.70. Consequently, more than 23,000 rubles are transferred to the serviceman’s account per month. and the amount of interest on the investment.

By the way, the legislator does not limit military personnel from using the funded system. Not only citizens in need of housing, but also military personnel who already own residential premises or need to improve their living conditions can become participants in the program.

Features of the procedure

It should be noted that the provision of official housing to military personnel is controlled by laws and regulations. That is why during the procedure the following features can be noted:

1. When applying, housing is provided in any case. The only peculiarity is that it is not always possible to provide an apartment that corresponds to the recommended area. In such situations, housing may be provided that is smaller in size or located in a different area.
2. Housing is provided to military personnel for the entire period of service.
3. As a rule, a citizen serving under a contract has the right to independently choose the state option. support for obtaining official housing: cash, joining a building cooperative, housing construction, a finished apartment, etc.
4. If the serviceman is a foreigner, then for the period of his service he is provided with a room in a dormitory located in the same locality as the military unit (in military camps).

In the next article we will tell you how to privatize company housing.

What is meant by office space?

The following may serve as service housing:

• room;
• apartment;
• house.

The main requirement for official real estate is the availability of appropriate living conditions for citizens. As a rule, the premises are allocated from the fund formed by the Ministry of Defense of the Russian Federation.

Service housing is transferred to the military personnel for temporary use. In the future, there is a subsequent return (after the end of service in this area).

Service real estate must be provided no later than 90 days from the moment the contract soldier arrives at the unit. In most cases, housing is selected for him, located on the territory of the place of military service.

In the absence of such options, it is recommended to place contract soldiers in nearby settlements.

Who can't get company housing?

Separately, it should be noted that the following do not have the right to receive official housing:

• citizens who are students in military educational institutions, but do not have an officer rank;
• persons undergoing military service upon conscription;
• foreign military personnel;
• employees who have been dismissed from service and are currently retired.

In addition, if a citizen who is serving under a contract has his own housing in a locality located near a military unit, then he will also not be able to apply for official housing.

How problems with housing for military personnel are solved

Despite all the efforts of the state, the problem of providing military housing exists in many regions. They are solving it by accelerating the pace of construction, issuing housing certificates, and developing the EDV system. The latter option provides for one-time payments to officers to purchase their own apartments.

Great hopes are also placed on military mortgages, which have already helped thousands of military personnel acquire housing. The essence of the program is that certain amounts are regularly deposited into the contractor’s account. After three years, the money can be used to purchase mortgaged real estate. If a person serves in the Armed Forces for 20 years, the Russian Federation will completely repay his debts.

Any normal state cares about the people who protect it, and Russia is no exception. Providing subordinates with departmental housing is the direct responsibility of the command. The military mortgage program is also quite profitable. All this helps to increase the prestige of the military profession.

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List of documents for obtaining official housing

If you fit into the category of people to whom the state provides official housing for the period of service, then you will need to pay special attention to preparing the following package of documents:

• Passports of the military personnel with members of his family who will live with him. It will only be enough to provide the originals as such, and copies of all pages from the passports will need to be attached to the package of documents;
• Certificate confirming family composition;
• A certificate confirming the marriage or divorce of a military personnel;
• A certificate confirming that the occupied housing at the previous duty station has been vacated;
• A certificate confirming the citizen’s acceptance into service;
• Certificate at the place of service from the BTI body;
• A certificate confirming that the serviceman does not have living space on the territory where the military unit is located.

It should be noted that the participation of a citizen undergoing military service in the NIS (savings-based mortgage system) should not in any way affect the receipt of official housing.

Reasons for refusal

A few months after submitting documents to the privatization body, a written refusal may follow. This is a fairly common occurrence, especially if the serviceman collected documents on his own and is not very knowledgeable in legal matters.

Typical reasons for failure:

• lack of grounds for privatization for military personnel;
• incomplete list of documents;
• death of the applicant;
• lack of information about previous place of residence;
• already used right to free privatization;
• transfer of a serviceman to another region;
• illegal redevelopment of a privatized apartment.

If a serviceman considers the refusal to be unfounded, he can go to court to protect his rights or appeal the decision of the privatization body to higher authorities. But perhaps you just need to eliminate the shortcomings and submit the package of documents again. There are no restrictions in this case, but, of course, the applicant must have the legal right to seek privatization of the apartment.

If the apartment has undergone redevelopment, then even before submitting documents for privatization, it is necessary to obtain all permits from housing authorities and utility services. Otherwise, privatization may be refused.

Additional documents

In addition to the main package of documents, additional documents may be required. Despite the fact that such a need is noted in rare cases, you should worry about them in advance:

• A special extract from the service record indicating the date of issue;
• A copy of the contract confirming military service;
• A copy of the order confirming the appointment of a serviceman to the position;
• Other documents, for example, confirming the presence of a dependent child; certificates of the right to additional space, etc.

To avoid any difficulties when preparing documents, it is strongly recommended to have copies of all documents certified by a notary. If this is not possible, then they must be provided with the original.

Writing a report

In addition to a special package of documents, the serviceman will need to write a special report according to the established template. This document is a kind of request to provide a citizen with official housing. The report consists of three parts:

1. "A cap" . This part contains information about to whom the document is sent. For example, the commander, major general.
2. Main part . Here the request for the provision of official housing is indicated directly, as well as information about who will live with the serviceman. In addition, you will need to indicate on what basis you need to be provided with housing: as a rule, this is paragraph 1 of Article 15 of the Federal Law “On the Status of Military Personnel.” Finally, you can indicate that the serviceman does not have housing at his place of duty.
3. The final part . Here you need to put a date, signature, and also clarify what position the serviceman holds.

The report is sent to the destination by registered mail.

If within 30 days after receipt by the addressee there is no action or response, then the letter can be resent or you can appeal to the garrison court with a complaint about the general’s inaction.

Privatization of apartments by military personnel in 2021

The Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ contains guarantees for the provision of residential premises to military personnel. At the same time, there is still no normatively established procedure for the transfer of apartments into the ownership of military personnel by the Ministry of Defense. In practice, a conflict has arisen: on the one hand, military personnel have the right to privatization, for which they must contact the owner of the apartment (the extract from the Unified State Register for the apartment displays information about the form of ownership and the organization whose balance sheet the apartment is listed on), on the other hand, if the employer applies to the Ministry of Defense with an application for privatization, the Ministry of Defense cannot conclude an agreement on the transfer of ownership, since there is no mechanism for concluding such an agreement established by law; in other words, it is not clear who should sign on such an agreement and what formalities for making a decision on privatization must be complied with so that privatization is legal.

However, there is a way out - the serviceman (his family members) applies to the court for recognition of ownership rights through privatization and registration of ownership rights based on a court decision. At the same time, according to information posted on the official website of the Ministry of Defense, the Department of Property Relations of the Russian Ministry of Defense has begun to develop a package of regulations governing the procedure for transferring residential premises under the jurisdiction of the Ministry of Defense of the Russian Federation into the ownership of citizens (privatization of housing), which includes the Administrative Regulations for the provision of public services, the procedure for interaction between authorized military control bodies and organizations subordinate to the Ministry of Defense when carrying out legally significant actions on privatization. Until the completion of this work, the Department and its territorial departments are providing assistance in preparing the necessary set of documents for consideration of the issue of privatization in civil proceedings. Moreover, this news was posted quite a long time ago, so it is difficult to estimate the timing of the preparation of a regulatory act that will allow military personnel to privatize housing in the usual manner without trial.

In this article we will analyze the procedure for privatizing apartments of the Ministry of Defense by military personnel, including former military personnel and military pensioners, under a social tenancy agreement through the court, step by step. However, please note that before acting in accordance with these instructions, you need to order an extract from the Unified State Register of Real Estate for the apartment transferred under a social tenancy agreement (any person in Rosreestre or MFC can order it, since it contains publicly available information, you just need to pay a fee) . This extract contains a verification of the form of ownership (state or municipal) and the copyright holder. If the apartment is in municipal ownership, then it must be privatized by contacting the administration of the local government. If the apartment is state-owned by a constituent entity of the Russian Federation (for example, Moscow), then it must be privatized through the authorized body of the constituent entity of the Russian Federation (in Moscow, for example, DGI). For information on the procedure for privatizing an apartment in the first and second cases, read a separate article here. If the apartment is listed on the balance sheet of the Ministry of Defense or its subordinate organizations, then to privatize the apartment for military personnel under a social tenancy agreement, follow the recommendations in these instructions.

Step-by-step instructions “How to privatize an apartment for a military man?”

Step 1. Identify the persons involved in the privatization of housing

Privatization is carried out into the common property of persons living in a residential premises or into the property of one person (including a minor) with the consent of all adults and minors aged 14 to 18 years who have the right to privatize this premises.

In this case, the refusal of a minor to participate in privatization can be carried out by his legal representatives only with the consent of the guardianship and trusteeship authority. Otherwise, minors who have (or have not lost) the right to use this premises are included in the agreement for the transfer of ownership of the residential premises (privatization agreement). Based on practice, we can say that it is virtually impossible to obtain the consent of the guardianship authority for privatization without the participation of a minor.

At the same time, residential premises in which exclusively minors under the age of 14 live are transferred to their ownership upon the application of parents (adoptive parents), guardians with the prior permission of the guardianship and trusteeship authorities or on the initiative of these authorities. Residential premises inhabited exclusively by minors aged 14 to 18 years are transferred to their ownership upon their application with the consent of parents (adoptive parents), trustees and guardianship authorities.

Persons who do not wish to participate in privatization must formalize a notarized refusal of privatization. Without a notarial refusal and the consent of all persons entitled to privatization, privatization of the apartment is impossible.

Thus, when you have decided who is participating in privatization, you need to issue notarial consents to privatization from those who participate in privatization, and notarial refusals of privatization from those who do not participate in privatization.

Step 2. Prepare the necessary documents for privatization

List of documents for privatization of an apartment for military personnel:

In many ways, the list of documents for privatization is similar to the list of documents that are submitted for concluding a social rental agreement to the Ministry of Defense. So, to register the privatization of an apartment for military personnel, you will need:

• application for privatization of an apartment from all those who did not refuse privatization
• copies of identification documents of persons specified in the social tenancy agreement and who have expressed a desire to participate in privatization (for those who have reached the age of 14 - a passport of a citizen of the Russian Federation)
• a copy of the birth certificate or a document confirming the birth and registration of the child, issued in the prescribed manner (in the case of the birth of a child on the territory of a foreign state) - for minor participants in privatization
• copy of the apartment card (extract from the house register)
• copy of an extract from the financial and personal account
• a copy of the social tenancy agreement (order, official tenancy agreement) with the acceptance certificate
• a copy of the decision of the housing commission (extract from the protocol) on the provision of residential premises (if available)
• extract from the Unified State Register for the apartment
• a copy of the power of attorney for the representative, if the representative is making the application

These documents are required to apply to the Housing Policy Department of the Ministry of Defense. Next, to go to court, you also need to collect the following documents:

• copy of service record
• extracts from the house register for the period from July 21, 1991 until arrival at this place of residence or a similar document replacing it
• a document from an authorized body confirming the unused right to participate in privatization at the previous place of residence, as well as a document confirming the authority of this body to issue the specified document. This document in Russia is provided by the BTI for the registration period from June 1991 to December 1997; for the period from January 1998, this document must be obtained from the Rosreestr Office for the region of residence.
• an extract from the personal file (certificate) indicating the period of service, family composition and reflection of registration at the military unit by periods of service (for officers, including those transferred to the reserve, and members of their families; citizens undergoing military service under a contract , and members of their families; citizens who are (were) provided with the use of official residential premises at a military unit for the period of the employment agreement (contract), and members of their families)
• written consent to the privatization of the occupied residential premises or a written refusal to privatize the occupied residential premises

Step 3. Submitting an application for privatization to the Housing Department of the Ministry of Defense

The application and copies of the documents listed above are sent to the Housing Department of the Ministry of Defense by Russian Post in a valuable letter with an inventory of the attachments; the inventory must indicate the list of documents being sent. The period for responding to the application is 30 days. It is better for the applicant to wait for a written response from the JO of the Ministry of Defense with a refusal to privatize due to the lack of authority to conclude agreements on the transfer of property. However, it must be taken into account that the Ministry of Defense may refuse for another reason. For example, due to the transfer of this apartment into the ownership of a municipality or a constituent entity of the Russian Federation, in this case the applicant needs to apply not to the court, but to the relevant body of the municipality or constituent entity of the Russian Federation for privatization (the link to the procedure for such privatization is posted above). Or the refusal may be due to the housing not meeting the criteria for apartments that can be privatized by law. In the latter case, it is necessary to understand the status of the apartment and develop an individual plan for resolving the dispute.

Step 4. Preparing an application and filing a lawsuit

After receiving a refusal from the Ministry of Defense, the serviceman files a claim for recognition of ownership rights in the court at the location of the real estate, attaches the documents indicated above in support of his claims, an application to the Ministry of Defense confirming its sending and the refusal of the Ministry of Defense to privatize. In addition, in order to recognize ownership rights through privatization in court, it is necessary to pay a state fee. A receipt for payment of the fee is attached to the statement of claim.

The state duty on claims for recognition of property rights through privatization must be paid in the amount of 300 rubles, since the subject of dispute in such claims are residential premises that are not subject to assessment upon free transfer into ownership (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8). If several persons participate in privatization, then each of them pays a fee of 300 rubles, since each of them makes a separate claim for recognition of a share in the ownership of an apartment in the manner of privatization.

Step 5: Take part in court hearings

To protect your right to free privatization and privatization of a military apartment from the Ministry of Defense through the court, you need to take part in court hearings to consider the claim and prove your case, if necessary, file a petition with the court to request missing documents to confirm your right to privatization, which you did not you have the opportunity to obtain it yourself (as a rule, difficulties arise with confirming non-participation in privatization, since military personnel often change the region of their place of service and are forced to obtain certificates from different regions; difficulties may also arise with the loss of some documents, loss of archival documents, etc. .).

Step 6. Obtain a court decision on housing privatization

After the court decision is made, the serviceman must wait for it to enter into legal force after the expiration of the one-month period for an appeal, if it has not been appealed. If an appeal is filed, the decision comes into force after the court considers the appeal, unless the appealed decision has been cancelled. If the decision of the court of first instance was canceled or changed and a new decision was made, it comes into force immediately.

Obtain from the court at least 2 certified copies of the court decision to register property rights (if there is more than one privatization participant, then you need to obtain the number of decisions according to the number of privatization participants + one for Rosreestr, you can get more copies of the court decision). The original of the decision is not issued, it is replaced by a certified copy (the original is made in one copy and is strictly stored in the case file in court).

Step 6. Register your ownership based on the court decision on the privatization of the apartment

The court's decision to satisfy your claim is the basis for registering the ownership of residential premises in Rosreestr.

To register ownership of an apartment, a serviceman must contact the Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), submitting 2 court-certified copies of the court decision recognizing ownership rights (or the number of privatization participants + one) in the privatization procedure and paying the state fee for registration of property rights. In Moscow and in many cities of the Moscow region, documents are submitted to the MFC.

For registration of ownership of an apartment through privatization, a state fee for individuals is charged - 2,000 rubles.

Upon completion of registration, Rosreestr issues an extract confirming the registration of ownership.

The Dvitex law firm provides assistance in the privatization of an apartment by military personnel through the court (from collecting documents to registering property rights) with payment for services upon receipt of an extract from the Unified State Register of Real Estate certifying the registration of your property rights.

Do you need a privatization lawyer? To assess the prospects and calculate the cost of services, call us at 8 (495) 223-48-91 or submit a request.

Order

Application for official housing

The form of the petition roughly resembles a report, but in general the form of its preparation remains free. An important nuance is that you need to know for sure to which authority you need to send the letter of petition. For example, you can send it to the city council or your employer. The application must indicate:

1. The most complete list of reasons why you should be provided with housing.
2. Your personal data, family composition.

A list of documents must be attached along with the application. The entire package will need to be sent to its destination and await a response. If there is no answer or it is negative, then you can challenge it to a higher authority.

The nuances of providing living space

Housing is provided to a military personnel in an official form: this means that the procedure for obtaining real estate may take some time. The difficulties lie not only in selecting a suitable option for the citizen, but also in the further conclusion of all the necessary documents. Among the nuances regarding these documents, the following can be highlighted:

• The concluded contract is urgent. That is, at the end of his service, the serviceman, together with his family, undertakes to leave the premises.
• If a serviceman has housing (or was previously provided with it) in populated areas located near a military unit, if possible, he should be provided with housing located in close proximity to the military unit.
• In a situation where during the course of service the number of people living in the living space has decreased, the employee is provided with other housing, smaller in area.
• Once, the employee is given the opportunity to choose a locality for residence.
• In situations where the authorities providing housing urgently need it back (that is, residents living in the area need to be evicted), they are provided with other housing with a similar area.
• New service living space can be provided only after the old one has been handed over.

If you have a large family, then you can get housing under this program.

Expenses

The procedure itself is free, but this does not mean that there are no associated costs. You will have to pay the state fee twice (for submitting documents to the privatization body and for registration), pay a notary for certifying the refusal, as well as the BTI for producing a registration certificate.

Depending on the region of residence and the number of family members, you will have to spend at least 4-5 thousand rubles . If certificates or registration documents are needed urgently, the payment will be much higher.

What is the complexity of the procedure?

A person using service residential premises from a specialized housing stock must remember some of his responsibilities:

The difficulty of transferring office premises to the municipal housing stock is that this procedure has not found legislative reflection in the Russian legal space. Simply put, there is no legal act regulating this issue.

Practice shows that military personnel must submit an application to the administration of the enterprise, i.e. to the command of a military unit (or other military organization), and only after receiving the consent of the command, such a transfer of housing is carried out.

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.

It says that since there are no legislatively defined criteria for banning the dispossession of housing, local law enforcement officers often abuse their powers and deprive citizens of their rights to housing.

Thus, it is clear that the service housing of military personnel, previously in state ownership and assigned to a state enterprise or institution with the right of operational management or economic management and transferred in the future to the ownership of municipalities, can be legally registered by these military personnel as property through privatization.

Source

The concept of service living space

What do we mean by the phrase “deliver the apartment”? Let's start with the fact that the Federal Law “On the Status of Military Personnel,” as well as the Housing Code of the Russian Federation, do not define the concept of “official residential premises.”

Article 93 of the Housing Code of the Russian Federation contains only information about the purpose of residential premises. Where it is said that such premises are intended for the residence of persons in connection with the peculiarities of their labor relations with a government body of a certain level due to the fact that these persons serve in accordance with their appointment to a public position.

Consequently, service housing will be considered the creation by the state of appropriate living conditions for military personnel during their military service. Let's figure out how to manage and privatize an apartment?

Requirements for the housing provided

The legislation does not impose special requirements for housing allocated to officers. The standard requirements that departmental housing must meet are reflected in the Civil Code of the Russian Federation. In any case, the home must comply with the following standards:

• area – must meet the standard of 18 m² per person;
• sanitary standards – absence of pests, mold (fungus);
• availability of furniture - rooms in small families and dormitories have a minimum set of furniture and appliances, equipped with plumbing;
• Availability of water supply, electricity, gas.

The building in which the contract worker is allocated housing should not be part of a major renovation program and should not be subject to demolition. At the same time, a serviceman can move into housing that does not meet the standards if he agrees to this.

Who has the right to receive departmental real estate

Military citizens who have entered into a contract with the military department can receive departmental housing for the entire period of service. The following may apply for allocation of living space:

• officers, as well as warrant officers, who entered into a contract before 1998;
• citizens who received rank and assignment to service after graduating from professional military educational institutions;
• military personnel with the status of officers who entered into contracts in 1998 and later;
• sergeants, warrant officers, sailors who entered into contracts later than 1998;
• military citizens participating in the savings-mortgage system (NIS) before receiving real estate for living;
• military personnel who serve in closed military camps.

This list is exhaustive. The rest of the military personnel (conscripts, foreigners, military personnel who own living space) who are not included in the list of persons who are entitled to official housing cannot apply for allocation.