How to restore a warrant for an apartment and is it necessary to do this?

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Previously, there was only one document that confirmed the right to occupy a specific living space, and this was a warrant. If a citizen has lost it, he must immediately report this to the appropriate authority. This raises the question of how to restore a warrant for an apartment?

This is done in several ways, but there are also analogues of the document. Not every citizen is familiar with all the intricacies of the procedure for restoring a warrant. Therefore, it is worth analyzing this process in more detail, focusing on all the intricacies of the procedure.

What is an apartment warrant and how to get one

No authorized institution has been processing this certificate for a long time. At the moment, it has practically no legal force, but it will be difficult to carry out the privatization procedure without it.

The tenant is usually understood as a person who is responsible for the premises and also has the right to use it. Only a warrant can be issued for him.

There are different types of orders, but there are four in total:

1. Temporary. On its basis, it is possible to privatize property, but it is issued only for a short period.
2. Exchange. It could only be received by those citizens who wished to exchange their property with the permission of the executive committee.
3. Official. Such a document is issued for the period of stay in any part of the country for work, and privatization cannot be carried out on its basis. If a citizen stopped working, this certificate was confiscated from him.
4. Lookout. It could be obtained by citizens inspecting the living space for its further use.

Concept

What is an apartment warrant? This is the name of the document that gives a citizen the right to move into and live in an apartment or other housing. During the existence of the USSR, it was the only document testifying to a person’s right to occupy the living space issued to them by the state. Nowadays it has practically no legal force, since it has been replaced by other legal forms (hire agreement, commercial agreement, etc.).

However, it is difficult, and sometimes simply impossible, to carry out a number of legally significant actions without it. For example, privatize an apartment.

An order is a document issued in the name of the tenant, that is, the person who is responsible for the housing and disposes of it within the limits determined by law. This document also includes persons who were registered in this living space at the time of move-in.

It was issued by the executive committee at the place of settlement.

What documents replace a warrant for an apartment?

The presence of a warrant will significantly reduce the time allotted for the privatization procedure. If the citizen has lost the certificate, the process will require additional actions.

A social rent agreement serves as an analogue of an order and to execute it you will need to submit:

1. A statement describing the circumstances that led to the loss of the order.
2. Passports of family members. If there are children under fourteen years of age, their birth certificates will be required.

Replacement order

The safety of the order significantly reduce the time required to formalize the privatization of the living space, and will also prevent the authorities from refusing to draw up an agreement for the transfer of ownership of the apartment to individuals.

But its absence is not a disaster . Of course, you will have to make additional efforts to properly formalize the right to reside at a specific address, but, nevertheless, the issue has its own procedure.

How to privatize an apartment if there is no warrant? as replacements for expired documents. It is they who currently serve as the basis for living in a certain municipal housing area.

If the organization that owns the building draws up all the documents as required by law, then the residents already have paper to replace those that are no longer valid. But in practice, officials do not always follow a similar procedure for conducting affairs.

There are three types of contracts , depending on the status of the housing and the organization of the owner:

1. Social hiring.
2. Commercial hiring.
3. Free use.

Each of them contains information about the area and address of the occupied premises. They include all citizens registered at the time of registration in the apartment.

But in order to draw up an agreement, it is necessary to provide a warrant or obtain information about its existence earlier.

The action algorithm in this case is as follows:

1. Contacting the REU, housing department or other organization servicing the house. If the house previously belonged to an enterprise, you need to contact the archives of the settlement or city administration. In these organizations you can get a copy of the coupon for the order or a certificate-extract from the archive.
2. Having received the document, you need to contact the settlement administration and write an application to draw up a rental agreement.
3. If the administration refuses registration, you should go to court with the certificate received.

Contacting the judicial authorities will save you from the need to go through the archives and search for the necessary coupons and certificates. The court will request everything necessary on its own .

In the statement of claim, you only need to provide a certificate of registration in this living space and attach the administration’s refusal to draw up an agreement.

How to restore a warrant for an apartment?

When contacting the relevant authority with the necessary package of papers, the applicant will only be able to claim a copy of the order.

It is impossible to obtain the original due to the fact that the document is no longer issued. If your home has already been privatized, then you will not need this document, but if not, then the problem can be solved.

How to restore a warrant for an apartment:

1. An application with a corresponding request is drawn up, and then it is submitted to the authorized body. Information should have been preserved that the applicant had previously received a warrant.
2. Drawing up a social tenancy agreement. To do this, the citizen must visit the district administration. If the applicant is unreasonably denied registration, he can go to court.

Where can I get a warrant for an apartment?

If a claim is filed, you will need to make copies of the passports of all members of the applicant’s family who have the right to live in a specific living space. As well as copies of receipts for utility bills.

Authorized bodies do not always accommodate applicants, so problems may arise with concluding an agreement. In this case, it is necessary to provide the employees with the papers they require.

If the applicant believes that the refusal was given unlawfully, then he can prepare a statement of claim to the court or re-issue the order.

Where is it being restored?

Several bodies are authorized to restore the document:

1. Administration, according to the location of the apartment. The applicant may enter into a social tenancy agreement. But if the employees wrongfully refused this, then you can file a claim in court. The main thing is to ask the employees to prepare a written refusal so that the citizen has evidence.
2. Department of Real Estate. It is necessary to prepare a corresponding application, as well as the necessary package of papers.
3. REU. First, you will need to ask for a coupon for the order; if it has not been saved, then you need to request the appropriate certificate.
4. TZO. Here they are drawing up a social tenancy agreement, but for this you will need to submit the necessary package of papers.
5. The Federal Migration Service. The applicant will not be able to restore the original warrant for the apartment, but it is possible to obtain a copy of it.

What is really needed

To conclude an agreement giving the right to an apartment, you must visit the Office of the Housing Policy Department with a list of ready-made documents:

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• Personal passport and identification code (of the applicant and his family members who will live with him);
• Papers certifying the family relationship between the above-mentioned citizens who will eventually receive registration in the apartment;
• A warrant for living space as a basis for applying is not required, but it speeds up the registration process.

After checking the submitted documents, information about the applicant will be entered into the electronic database. The applicant should expect a formal response, which will be sent in writing. At

This advantage will be given to individuals who do not have their own housing or real estate. The income received by the applicant's family will also be taken into account.

If the application is approved, a social tenancy agreement is signed with the person, after which it will be possible to privatize the apartment. In this case, the order is surrendered irrevocably. If citizens use an apartment under an official rental agreement, they do not have rights to privatization.

Restoration of documents for a cooperative apartment

If the documents have been lost, you will need to contact the Chairman of the Housing Committee. To do this, you need to draw up a statement indicating the circumstances that led to the loss of documentation.

After the applicant submits an application, the appeal will be considered at a general meeting. If the outcome is positive, preparation of an application for the issuance of new documentation will begin.

Important! The cooperative will approve the application only if the citizen has submitted certificates of payment of share contributions. If they were lost, then you need to contact the accountant of the housing cooperative.

Form

Let's look at the two main forms that apply when moving into a home. An inspection warrant is issued before moving in. It is a one-page document with a tear-off coupon. The coupon remains in the executive committee. The document itself says that it was issued to a citizen (F.I.0) for inspection of an apartment located at such and such an address, its area, number of rooms, etc. are indicated.

It is valid for five days. After this, the person must either refuse in writing or accept the offered living space. If the citizen agrees, then the main order or the currently required documents, rental agreement, etc. are drawn up.

The occupancy order is also a one-page document with a tear-off coupon.

The order indicates the tenant, last name, first name, patronymic in full, the number of people moving in, their last name, first name, patronymic, year of birth, relationship with the tenant, information about the apartment, number of rooms, living space.

One part of it remains with the residents. The second is kept in the executive committee, now the mayor's office.

In what cases may it be necessary?

The order is needed only to carry out privatization, but given the fact that there are analogues, some citizens consider it useless. However, this is not so, the presence of this certificate will allow you not to waste a lot of time on privatization, and the applicant will not be refused the procedure.

If a citizen is the owner of a Soviet non-privatized apartment, then he must keep the document. Its absence will significantly complicate the privatization procedure. Important! If the tenant has died, a copy of the document will be given to his next of kin.

The essence of the document

During the times of mass provision of free housing, move-in was carried out on the basis of a warrant .
It was a small document containing the data of those being moved in, the address of the facility, and the name of the issuing organization.

In those years, the distribution of housing , so it was their seal that was on the document.

This document lost its legal status with the adoption of the new Housing Code of the Russian Federation in 2005. Therefore, today there is no such name on the privatization lists. However, the presence of this paper is necessary for drawing up a rental agreement , which means that without it, registration in the property is not possible.

Find out on our website whether it is possible to privatize a cooperative or service apartment, military personnel’s housing, a share, a room in a communal apartment or dormitory, as well as an apartment with debts.

Is it possible to receive more than 1 order?

The legislation allows you to conclude either one certificate for an apartment or several. To do this, a citizen will need to allocate a part of the living space to each family member, dividing the bills. After this, the apartment will become communal. This procedure is carried out only through the court, and also takes a considerable amount of time.

If the living space is privatized, then a share is issued for each family member. After which each of them must register ownership of it and receive the necessary documents, including a warrant.

Types of orders

In the photo on the right you can see what the order looks like.

In addition to the main one, which gave the right to move in and live in the allocated living space, there were several more residential orders. These include:

• official The presentation of this document from the enterprise to citizens took place for moving into official housing. Its validity period is the duration of a person’s work or service in an organization or military unit. Accommodation – in service apartments;
• temporary. Issued for short-term accommodation in housing owned by organizations or the executive committee. Usually it was provided for a period of up to 30 days. For the period of study or work until the end of the school year or work activity at the enterprise. Place of accommodation - dormitory ;
• viewing room Provided for inspection of the proposed housing;
• exchange. It was issued to each of those wishing to make an exchange with the consent of the executive committee, which is in charge of this housing.

Inspection order for an apartment, sample.

Privatization and warrant

How to restore a warrant for a municipal apartment if it is lost?

Before carrying out the privatization procedure, it is important to familiarize yourself with all its limitations:

1. If a person who has the right to live in a particular apartment does not want to take part in the privatization procedure, this can cause problems. Therefore, it is best to discuss this point in advance.
2. The right to privatization has already been used.
3. Bailiffs seized the living space.
4. The house is soon to be demolished.

As mentioned above, a warrant is required only when carrying out this procedure. Even if a citizen has lost it, he can still privatize the premises.

Registration of privatization

After completing the contract, submit an application to the organization dealing with privatization issues at your place of residence.

The application will need to be accompanied :

• personal documents of those registered in the apartment;
• applications from all those registered, including minors (from children under 14 years old, the application is submitted by parents, from 14 to 18 years old - the child fills out the document independently);
• a certificate of registration (or an extract from the house register);
• rental agreement;
• technical passport and floor plan drawn up in the BTI;
• cadastral passport of the object;
• extract from the Unified State Register from Rosreestr;
• a certificate of non-use of the right to privatization for each applicant (read about the right to re-privatization);

This package of documents and application can be submitted through the MFC.

After reviewing the documents and making a decision, a privatization agreement will be concluded with you, on the basis of which you will be able to obtain a Certificate of Ownership of the apartment from Rosreestr.

Timing and cost

It will take up to 30 days to draw up a rental agreement, after providing a warrant or coupon for it . It all depends on the efficiency and responsibility of the employees performing the work. The further procedure will take about two months.

According to the Administrative Regulations (clause 2.7.1), 46 working days are allotted .

When registering, you will need to pay a state fee :

1. Technical passport and floor plan in BTI - from 1000 rubles.
2. The state fee for registering a right in Rosreestr is 500 rubles.
3. Notarized refusal of privatization – 500 rubles.
4. Extract from the Unified State Register – 500 rub.
5. Certificate of non-participation in privatization – 200 rubles. per person.
6. The state fee for the Certificate is 2000 rubles. from each owner.

In total, it will take about 5 thousand rubles .

Privatization of housing without a warrant

Before starting privatization, it is important to make sure that you have all the necessary papers for this, as well as that there are no restrictions on this procedure.

Procedure:

1. Visit BTI and receive a step-by-step plan, the production of which is given five working days.
2. Restore a lost order or draw up a social rental agreement.

1. Next, you need to visit the housing commission to make sure that privatization is possible. If a negative answer was received, then it is necessary to provide the employees with all the required papers.

The document has long been abolished by Russian legislation, but it may still be required. Therefore, the question arises: how to restore a lost warrant for an apartment?

The need to present it arises when it is necessary to carry out the privatization procedure. There are documents that allow you to replace it, but this may be difficult.

Is it possible to privatize an apartment if the order has been lost:

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Registration and restoration of the contract

Today, housing orders have been replaced by many different contracts. So, when drawing up documents for an apartment, the order is changed to a commercial or social agreement for free use. If it is not there or is lost, then it will be impossible to sign contracts, and therefore, to privatize housing. Therefore, issues of restoring an order must be addressed immediately after its loss, since in the future the process will only become more complicated. In addition, it will not be possible to take a duplicate at any time, since receiving it takes more than one day.

Warrant for apartment

To restore the contract, you should do the following:

• Come to the repair and maintenance department with a request to issue a copy of the tear-off part of the coupon from the order, which is lost. It is in this organization that it is stored. If this document is not there, that is, in fact, the person is refused a copy, you need to demand that they issue an official certificate stating that the coupon is missing.
• Contact the local administration of the locality at the location of the apartment with a statement regarding the conclusion of a social tenancy agreement. If the administration refuses, the refusal should be requested in writing, since with this document they will then go to court to challenge the decision.

How to divide orders in a privatized apartment

The division of orders into several is often required in municipal apartments during divorce proceedings or if some residents wish to rent housing from the authorities under a separate agreement. This desire may arise due to:

• systematic violation by neighbors of the rules of living in the apartment;
• non-payment of utilities and other mandatory payments by neighbors;
• desires of neighbors to privatize housing according to separate documents.

Splitting the order allows you to separate the activities of your roommates and be responsible only for your own actions.

To divide a collective order into individual ones, you must:

1. apply to the municipal housing committee with an application;
2. wait for a decision to be made (up to 10 days);
3. receive new orders.

When making a decision, municipal authorities evaluate the size of the isolated areas per family after the division of orders. The minimum area per person should not be less than 12 square meters. m.

Military personnel and enterprise employees living in official housing submit an application to the commandant of the military unit or the head of the personnel department, respectively.

The text of the statement states:

• required number of orders instead of one;
• the area per order after division;
• a list of residents assigned to each of the orders;
• the responsible employer of each order;
• grounds for separation.

If the apartment has already been privatized into common ownership, then its division into shares by order allows residents of each isolated area of ​​the apartment to receive separate bills for electricity and other utilities.

After the privatization of the apartment, the orders cease to be valid, but the apartment is divided into shares proportional to the living space indicated in the order.

Obtaining an apartment by order

Checking into residential premises in the presence of a warrant occurs in the following order:

1. presentation of the warrant to the manager of residential premises;
2. payment for accommodation (if necessary);
3. inspection and acceptance of the premises according to the acceptance certificate with an inventory;
4. obtaining a document on the right of residence.

The warrant is presented to the commandant of a service or student dormitory, and in the case of municipal rentals, to the head of the housing management.

Payment for rental housing under an order can be differentiated according to the utilities actually consumed, when moving into municipal housing, or made in advance in the form of a single monthly payment - when moving into a service or student dormitory.

After submitting the warrant to the commandant, the occupant signs the acceptance certificate and 2 copies of the property inventory, keeping one for himself. The inventory contains a list of furniture and equipment in the residential premises being rented, as well as notes on the presence of cosmetic repairs (wallpaper, curtains, etc.).

When moving to another housing due to a move, a warrant for a new living space is not issued until the previous place of residence has been completely handed over according to the inventory. In case of loss or damage of part of the property, it is subject to compensation at the expense of the resident.

Substitute documents and social tenancy agreement

The Housing Code of the Russian Federation since two thousand and five states that the order is replaced by agreements of three variations:

• Commercial
• Social
• Free use

The variation of such an agreement determines the size of the real estate that is allocated to the citizen by the state. For example, when signing a contract for free use, a person is given 18 square meters of living space. Disabled people receive an increased area of ​​the property specified in the agreement.

At the moment, the social contract hiring will be a complete replacement for an apartment order. The only difference is that the agreement specifies the rights and obligations of the tenant.

When drawing up a commercial contract, there are no restrictions on the conditions of the apartment. But a reduction in the level of payment for electricity and water cannot be formalized when signing this option. The social agreement does not have a time frame, but other types are concluded for 5 years.

How to recalculate utility bills? Instructions and a sample contract are available here.

Nuances of registration and sample privatization agreement

To sign any of the agreements, you must come to the Housing Policy Department. A citizen must have the following documents with him:

1. Passport of the individual and the entire family (or other identity documents)
2. Documents confirming the relationship of family members.
3. Apartment order (will be the basis for drawing up the agreement).

Next, employees of the Road Traffic Safety Administration check the submitted documents and enter the data recorded in them into the database. Within a month, the person will receive a notification from this authority.

Today's laws primarily provide living space for citizens who do not have an apartment and need it. To do this, the income of the entire family is added up, as well as an assessment of all their property. If the UDP gives a positive answer, then the apartment order is exchanged for social security. contract

A sample apartment privatization agreement is available.

The legislation also provides the opportunity to transfer real estate into private ownership. This action is called privatization. If a citizen uses residential space under a rental agreement, he can carry out privatization.

To do this, you need to visit the UDP and submit the listed documents, and then submit an application. After completing the agreement, you need to submit an apartment warrant. Next, registration takes place within 15 days.

Sample application for consent to privatization.

Question answer

Is a warrant a document of title? – Yes, it is, but only in the absence of other title documents. In case of social hiring, such a document is an agreement with the municipality.

Where is the apartment warrant kept? – The order is kept by the representative of the house management in case of social renting or by the commandant of the hostel when living in official housing.

How many warrants can there be for an apartment? – The number of warrants issued for one living space depends on the number of living families and cannot exceed the number of rooms in the apartment. One person can only have one residential warrant.

An order is a document indicating the existence of the right to reside in official or municipal housing and determining the period of residence and the number of square meters occupied. If title documents are lost, they can be restored using a warrant.