How to obtain ownership of departmental housing? Privatization of departmental housing

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Official housing is issued to employees of enterprises for the duration of their work.

Departmental housing is, in other words, official residential premises. It is issued to people for the period of performing a certain job.

In simple terms, a person goes to work for distribution in another city. There the employer provides him with an apartment or house.

It can be obtained by both specialists and employees. Every person dreams of his own home, which he can later pass on to his children and grandchildren.

According to the law, this type of housing can be privatized, but under certain conditions. Let us consider in detail what official housing is and how to transfer it into personal property.

Who can't be evicted?

In some cases, an employer does not have the right to demand the eviction of a former employee. This exception applies to the following categories of citizens:

Employees of the Federal Security Service.
Employees of internal affairs departments.
Customs officers.
Military personnel.
Pensioners (old age).
Employees who lost their health while performing duties under an employment contract.

The above categories of citizens can be evicted only if they are provided with alternative living space. But the state does not always have such an opportunity.

Refusal of housing

How to refuse office space? There is a possibility that you will not like the housing provided by the municipality, and you will want to rent a better apartment on your own. You have the right not to use the apartment provided.

The refusal must have a compelling reason and explain the reasons:

the housing area is less than the standards;
sanitary-epidemiological or hygienic standards are violated in the apartment;
new housing significantly worsens existing living conditions.

In cases specified by law, military personnel even have the right to receive monetary compensation instead of official housing.

About municipal premises

There is also a fund of residential premises that were transferred by municipal and state enterprises to the city administration and are listed on its balance sheet.

In this case, all such premises lose their departmental status and can subsequently be provided to citizens without any conditions, as they become municipal. Such apartments are transferred for use under a social tenancy agreement and can be transferred to the category of private property.

In recent years, some large cities have adopted their own regulations, which are designed to regulate such a process as the privatization of departmental housing and its procedure itself.

For example, in the city of Moscow, in accordance with government decree, employees who live there and have worked at the enterprise for a significant period of time have the right to receive ownership of departmental housing. How much work does it take to become the owner of this kind of real estate? The answer is simple - more than ten years.

Departmental housing - what is it?

Typically, such housing is issued for the period necessary for employees to perform work in another city.

People need such housing when performing their work functions. That is, for example, a person comes to another city to work, the organization provides him with a service apartment.

Only separate premises are classified as official housing. It is impossible to provide rooms as such housing in apartments or houses where several tenants or owners live.

If we consider an apartment building, then both all apartments and some of them can be provided as service housing.

The full concept of service housing is defined by the Housing Code of the Russian Federation.

The following categories of persons have the right to rely on this type of real estate:

employees and workers of various organizations, as well as doctors and teachers;
military personnel;
officials and deputies.

In order for a person to move into such an apartment, a social tenancy agreement must be drawn up.

It is important to understand that there are a number of requirements for drawing up such a document:

In this case, there must be a document indicating the right to conclude such an agreement. Previously, this was an order for official housing.
The agreement is strictly in writing. There can be no verbal agreements here.
This document specifies all family members who will live with the employer. This is an important point, since in case of unforeseen circumstances the family will be insured.

Departmental apartment - what are the rights and responsibilities of residents? Such relationships are concluded by a special contract, which does not exceed the duration of the employment contract.

When the employer leaves, or perhaps his contract ends, he and his family members will have to find another home themselves. Of course, if he is not hired by the same organization again. Or they won’t sign a new contract.

In individual situations, eviction from the specified housing does not occur on a general basis:

when the family of a deceased or missing employee, or even an ordinary worker, lives on the office square;
the employer retired due to old age;
the employee or employee was the first to receive disability,
the second group, in the process of performing work duties: accident, illness, etc.;
You cannot move orphans to nowhere.

All of the above categories of persons can be evicted only with the provision of other housing in the same locality.

When people who have lost the right to live in the territory of official housing do not want to vacate the premises, there is a need to evict it.

This can only be done legally by a court decision.

There are a number of grounds for eviction from office premises:

expiration of the contract, that is, dismissal of a person;
failure to pay rent;
damage to real estate;
use of the home for other purposes;
change of place of residence of the tenant;
change of owner.

These are the most common reasons for eviction by agreement of the parties, as well as through the courts. In court, it is necessary to justify the reason for eviction of people.

Who benefits from this?

Without a doubt, if you lived in this apartment for quite a long period and invested your money in its repair and maintenance, then it makes sense to become the legal owner of this living space.

Privatization will allow you to subsequently dispose of this living space at your personal discretion. Nobody will restrict the sale of housing. It can also be donated or rented.

It is also advisable to obtain ownership of departmental housing for citizens planning to change their place of work, since if the contract with the employer who provided you with living space is terminated, it will have to be vacated, and if you do not have your own apartment, you will have to live in a rented one.

What kind of housing cannot be privatized?

Free privatization is allowed for state or municipal housing. As for the property of organizations, it cannot be privatized, but can only be acquired on the basis of a civil transaction.

“All official housing that was provided after 1991 cannot be privatized. Some housing can be purchased, but this right of purchase, as well as the conditions, price and terms are determined at the level of regional legislation. All these issues are resolved at the local level, not at the federal level. For example, in Moscow there is a decree that regulates the provision of official housing in the capital. If housing was provided as official housing before 1991, then almost any such housing can be privatized. The exception is housing provided by organizations that became private and to which such housing stock remained assigned and was not transferred to the municipality. If an organization privatized service housing in 1991 and kept it on its balance sheet, then such housing cannot be privatized. It is still impossible to privatize dormitories and housing located in closed military camps,” says Sukhov.

The procedure for the privatization of departmental housing

Let's take a closer look at how exactly departmental housing is transferred into ownership. First, you need to obtain the consent of the enterprise.

The decision on the possibility of privatizing a service apartment by an employee of an enterprise belongs entirely directly to the enterprise itself, that is, to the nominal owner. To begin with, the tenant should draw up a statement of desire to privatize the apartment. The administration of the organization is obliged to consider this application within a period of no more than two months.

After this period, the employee receives an official response with a decision on the issue of privatization. If the company makes a negative decision, this means the procedure is automatically completed.

Privatization of a service apartment through the court

Obtaining the right to privatize a departmental apartment through the court is a very problematic matter

The administration or department does not always agree to the privatization of such housing.

When a refusal to carry out this procedure is received, you can try to go to court.

To do this, you need to file a claim against one of the organizations:

The employer, if he refuses to transfer the property to the ownership of the municipality.
Municipal organization, with the requirement to carry out the privatization process and conclude an appropriate agreement.

Of course, it is worth trying to resolve the issue in court. But there is practically no chance here. Since the court is unlikely to consider such actions lawful to force someone to give up their property.

There must be sufficiently compelling reasons for this to happen.

It is possible to achieve the transfer of a departmental apartment into personal ownership through a court only if the housing is not properly registered.

Here it is important to find out in advance whether there was an official transfer of the home to the service category and whether this fact is registered in the Russian Register.

Only in this case will it be possible to obtain personal ownership of the property through the courts. In addition, the municipality is also not always in a hurry to make a positive decision on the possibility of privatizing real estate.

When the case does come to court, a statement of claim must be filed with the district authority, precisely at the location of the housing. In the statement, it is important to indicate that the municipality is preventing the process of transfer to personal ownership.

There are no provisions in the legislation obliging owners of official housing stock to change the status of their property

The judge, if there are compelling reasons, makes a positive decision on the privatization of the occupied space.

However, it is important to understand that no court can oblige the owner of the property to enter into such agreements.

This violates civil rights. But the legislation does not include provisions allowing the status of housing to be changed at the request of the residents.

It should be understood that it is impossible to transfer departmental housing into personal ownership when a person has already used such a right.

For example, if he previously lived in such an apartment under a social tenancy agreement and privatized it. Having got another job and received another service apartment, he will no longer be able to transfer it into ownership. This can only be done once.

So, departmental housing is real estate provided for the accommodation of employees. Office premises may be privatized. But only as housing under a social tenancy agreement.

About typical problems with departmental housing - watch the video:

httpv://www.youtube.com/watch?v=5Yj7GB6—es

See also Phone numbers for consultation November 24, 2021 Yulia Yuryevna 949

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Discussion: 4 comments

Anna says:
12/18/2016 at 00:37
It turns out that it is too early for us to think about privatization; we have only been living in a departmental apartment for five years. I wonder if we will be able to rent out the privatized apartment later?
Answer
Svetlana says:
03/06/2017 at 00:17
It’s a pity that I didn’t know this before; my husband and I lived in a departmental apartment for eight years, and if we had known about the possibility of privatization after ten years, we would not have bought our own housing.
Answer
Kira says:
05/06/2018 at 00:23
Anna, the privatized apartment becomes your property. Do you still plan to take departmental housing and make money from privatized housing? It is unlikely that you will succeed. If only you buy another apartment.
Answer
Ivan says:
09.19.2018 at 14:37
Now employers are trying to attract valuable employees by subsidizing interest on mortgage loans. But the possibility of providing official housing with the right to privatize after a certain period of time is used very little for these purposes. And the option is very effective.
Answer

Registration procedure

Before directly privatizing official departmental housing, which was previously received from a specific organization under a lease agreement, it is necessary to determine whether this premises is listed on the balance sheet of the enterprise.

A situation may arise when the apartment you are applying for is no longer the property of the company, but was once transferred to the municipal department.

If the enterprise was reorganized or liquidated, but the transfer of departmental housing into municipal ownership was not carried out and documented, then it is necessary to find a solution to this issue.

Who is provided with service housing?

According to the Housing Code, in order to provide official housing to a citizen, he must be in labor relations either with state authorities, or with authorities of a constituent entity of the Russian Federation or local governments, as well as with state or municipal enterprises. Based on this, the following can count on office space:

Deputies holding civil servant positions at any level: state, regional, local.
Serviceman
Law enforcement officers (police officers, investigators, etc.) who are sent to serve in another city or town.
Firefighter at the Ministry of Emergency Situations.
Teachers and doctors. This applies to those who wish to go to work in rural areas.
Civil servants, such as judges, officials, employees of ministries and departments, etc.

In accordance with Article 104 of the Housing Code of the Russian Federation, the categories of citizens who are provided with service residential premises are established:

The state authority of the Russian Federation is in the housing stock of the Russian Federation.
State authority of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation.
Local government - in the municipal housing stock.

Lawyer for forced privatization in Yekaterinburg

It is profitable to have privatized housing today. Unlike state property, it can be sold, donated, or inherited, since real estate is property. But sometimes a number of difficulties with privatization may arise, so attempts by those wishing to make their square meters private end in failure.

See also: Refusal to initiate a criminal case and its appeal in 2021

In this case, there is also a way out - to file a statement of claim for privatization in court.

Our lawyer from the Law Office “Katsailidi and Partners” is ready to accompany the entire procedure for you. Privatization of an apartment or other housing by court with the issuance of new documents is possible today. The timing of issuing a decision depends on many nuances, so each applicant must be prepared to go through all the stages to get what they want.

You can get advice on housing issues today.

Author of the article

Sergey Bolshunov

Extensive experience in participation in criminal and civil cases, cases of administrative offenses

about the author

Cheap, cheerful and with finishing

According to Vadim Lamin, if we draw historical parallels with the Soviet Union, then the current housing for the military can be compared with departmental factory houses for employees of Moscow enterprises with small kitchens and 2.55 m high ceilings. “The initial planning of the economic level of such facilities hardly allows us to talk about high quality construction, at least,” explains the expert. The main difficulty, according to the managing director of Century 21 West, Evgeniy Skomorovsky, is the extremely low price per square meter that the military is willing to pay. Thus, the maximum legally established cost of 1 sq. m in Moscow is 81.4 thousand rubles, which is approximately two times lower than the market value of real estate. “At the same time, all apartments for military personnel must be furnished - it is clear that for that kind of money you cannot count on some kind of high-quality finishing. As a result, houses often have practically disposable doors, kitchens are painted with cheap light green paint, laminate flooring swells, wallpaper is hung crookedly, low-quality double-glazed windows are installed in the windows, etc.,” explains the expert. The developer cannot renovate only part of the apartments, and in order to save on space, he renovates and decorates the entire building. Accordingly, apartments with standard finishes are also entering the market. At the same time, according to the managing director of Usadba, Natalya Kats, the departmental house now does not provide any special advantages. Previously, according to her, the houses of the Central Committee had their own boiler houses and the water shutdown schedule was more gentle, and they also had their own operating organization, which dealt only with this house. New departmental buildings do not have such advantages.

As a result, all apartments put on the market usually bear the mark of the main difficulties of departmental housing: simplified layouts, cheap finishing elements, low ceilings, etc. “An apartment in such a building can be purchased, since some of the apartments are always put up for sale. The department pays one price for these apartments, but there is always a commercial order and barter settlement between suppliers,” says Natalya Katz. Moreover, the customer can also impose additional restrictions on apartments that will go on the market, in particular, select the best options, including from the point of view of view characteristics. For example, in the Marshall residential complex, built on the lands of the Ministry of Defense, the investor was given apartments mainly overlooking the railway.

When is it impossible to privatize a home even through the courts?

Litigation is an adversarial process, so it's all up to you. However, there are cases when it is impossible to win a court case regarding the privatization of residential premises. We would like to tell you about them:

Privatization of emergency housing. We have repeatedly encountered problems with the privatization of housing located in a dilapidated building. If you did not privatize the apartment before the demolition, the chance to get another apartment in return or compensation is only possible in court and, unfortunately, not as often as you would like.
Privatization of a dorm room. You may encounter an impossibility when you were provided with a bed-place, and not a whole room, then you moved out, and the neighbor in the second bed-place remained to live and had already privatized the living space.
Service housing with a short period of work for a given employer and dismissal at one's own request. Also, you cannot privatize housing that is still under the control of an enterprise that continues to provide it to its employees for temporary residence; do not transfer the housing stock to the municipality.
Privatization is impossible for persons who have lost the right to use residential premises.

Terms and cost of registration

Rosreestr formalizes the procedure within two or three weeks after submitting the documents. Usually this procedure takes up to twenty days .

If we talk about a multifunctional center, then the amount of time increases here, due to the fact that there is now an intermediary between the Rosreestr and the citizen.

In order to receive the service, you must pay a state fee .

In Russia today its value is five hundred rubles.

What to do if the court refused to privatize a residential property?

If you filed a claim for privatization in court and it rejected you, only housing lawyers will help you.

Our lawyers at the Law Office "Katsailidi and Partners" will help you analyze the situation of losing a claim in court, draw up the necessary procedural documents and represent your legitimate interests in the framework of appealing the court decision to refuse privatization.

USEFUL: for more information about how to draw up an appeal, read the link, and also watch the VIDEO on the topic:

Why is the procedure needed?

Privatization of official housing is useful if the person living in it wants to obtain full rights to it. Therefore, it is worth saying that this procedure is very beneficial for the designer, but if departmental housing is perceived as temporary, then such a process is not necessary. But in order to decide whether it is worth making such a deal, you need to consider all its advantages and disadvantages in more detail .

After the property is registered, the employee can dispose of it at his own discretion, for example, sell, give, or inherit.

Advantages and disadvantages

The positive aspects of the privatization of official real estate are the following factors::

Confidence that the apartment will not be taken away.
Possibility of free disposal of the apartment.
No need to pay rent.
Privatized property can be inherited by relatives of the owners, and not by the organization that owned it.

There are also negative aspects to the privatization of such real estate, namely:

Increase in the cost of housing and communal services.
The maintenance of the apartment falls entirely on the shoulders of the new owner.
There is a need to pay property tax, in accordance with Articles No. 400 and No. 401 of the Tax Code of the Russian Federation.
After the privatization of service housing, the owner can no longer count on free improvement of living conditions.