Privatization of an apartment by military personnel under a social rental agreement, privatization of housing by military personnel

Military personnel have repeatedly approached us with a request to help privatize housing provided by the Ministry of Defense under a social rental agreement. Indeed, more than 20 years have passed since the beginning of privatization, and a legal mechanism for the free transfer of housing ownership has not yet been developed for military personnel.

However, extensive judicial practice has developed on this issue. And it seems that the situation suits everyone, except, of course, the military personnel, who are forced to delve into the intricacies of the law in order to become owners. With this article we will try to make the already difficult life of military personnel a little easier.

  Let us consider the theoretical and practical aspects of the privatization of housing by military personnel.  

Unfortunately, not everyone can take advantage of this right.

Many military personnel, citizens discharged from military service, and members of their families who received housing from the Ministry of Defense of the Russian Federation or living in buildings that were transferred to the balance of the relevant bodies of the Ministry of Defense of the Russian Federation found themselves in this situation.

Among the various reasons preventing military personnel from registering ownership of their occupied residential premises, the most common are: 

• the actual absence of an organization to which the residential premises and houses in which they live are assigned the right of operational management (economic management);
• the decision to transfer to the balance of the municipality a building constructed at the expense of the Ministry of Defense of the Russian Federation has not been implemented;
• lack of a cadastral (technical) passport;
• lack of registered property rights of the Russian Federation (property rights of a municipal entity) and the rights of operational management and economic management derived from it;
• other reasons.

Regardless of the reasons, a deadlock situation arises in which citizens who have the legal right to privatization cannot use it due to inconsistency between different departments, the lack of a clear mechanism for implementing this right, and gaps in the legislation that cause bureaucratic inconsistencies. In this situation, which seems hopeless, it is very difficult for an inexperienced person to understand. It's not even clear where to start. But in most cases the issue has to be resolved through the courts.

These types of claims are numerous, and the main reason for military personnel, citizens discharged from military service, and members of their families to go to court is the lack of regulatory regulation of issues of gratuitous transfer of ownership to military personnel, citizens discharged from military service, and members of their families of residential premises provided them under a social rental agreement from the Ministry of Defense of the Russian Federation.

Thus, in accordance with the Regulations on the Ministry of Defense of the Russian Federation, approved by Decree of the President of the Russian Federation of August 16, 2004 N 1082, the Ministry of Defense of the Russian Federation is authorized to exercise, within its competence, the powers of the owner of property assigned to the Armed Forces (clause 71 of the Regulations).

In accordance with the Decree of the Government of the Russian Federation of December 29, 2008

N 1053 “On certain measures for the management of federal property”, the Ministry of Defense of the Russian Federation, for the purpose of managing the property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation, carries out certain functions in the manner established by the legislation of the Russian Federation, including:

• secures federally owned property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation in the operational management or economic management of subordinate federal state institutions and federal state unitary enterprises, gives assignments for its use in cases established by the legislation of the Russian Federation (clause “g”) ");
• acts on behalf of the Russian Federation during the state registration of the ownership rights of the Russian Federation to the property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation and transactions with it (clause “k”).

Thus, the assignment of real estate acquired by the Ministry of Defense of the Russian Federation and which, by force of law, is federal property, to subordinate organizations is carried out by the Ministry of Defense of the Russian Federation.

In accordance with the Instruction on the organization of the activities of the central bodies of military command to provide military personnel serving under contract in the Armed Forces of the Russian Federation with living quarters, approved by Order of the Minister of Defense of the Russian Federation dated November 18, 2010 N 1550, the obligation to organize the securing of acquired (built) residential premises with the right of operational management for organizations subordinate to the Ministry of Defense of the Russian Federation is entrusted to the Department of Property Relations of the Ministry of Defense of the Russian Federation (clause 2.2 of the said Instruction). The Department of Property Relations of the Ministry of Defense of the Russian Federation can carry out this work through subordinate territorial departments. The corresponding orders of the Minister of Defense of the Russian Federation are issued on the assignment of premises, the projects of which are developed by the said Department.

In accordance with Art.

2 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation”, citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on social rental terms have the right to purchase them on the terms provided for by this Law, other regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, into common ownership or into the ownership of one person, including a minor, with the consent of all adults and minors aged 14 to 18 who have the right to privatize these residential premises. Here it is necessary to make a small digression.

The fact is that the above version of Art. 2 was introduced relatively recently on October 16, 2012.

The previous edition contained the phrase “citizens of the Russian Federation occupying residential premises in the state and municipal housing stock,” which allowed the courts to refuse privatization to citizens who entered into a social rental agreement, but for some reason were not registered at a new address.

  At the moment, this gap has been resolved. By virtue of Art.

6 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation”, the transfer of residential premises into the ownership of citizens is carried out by authorized owners of these residential premises by state authorities, local government bodies, as well as state and municipal unitary enterprises, to which the housing stock is assigned with the right of economic management , state or municipal institutions, state-owned enterprises, the operational management of which is transferred to the housing stock.

The responsibility for state registration of real estate of the Armed Forces of the Russian Federation, which is in federal ownership and assigned by the right of operational management (economic management) to organizations subordinate to the Ministry of Defense of the Russian Federation, rests with these organizations.

      It seems that the absence of a registered right of operational management (economic management), in the presence of an obligation to take the necessary actions for the appropriate registration of such a right, cannot be a legal basis for refusal to exercise the right to privatize residential premises provided under the terms of a social tenancy agreement.

 According to paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On some issues of application by courts of the Law of the Russian Federation of August 24, 1993 No. 8 “On the privatization of housing stock in the Russian Federation” (with subsequent amendments) based on the meaning of the preamble, Art. Art.

1 and 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”, citizens cannot be denied privatization of the residential premises they occupy on the conditions provided for by this Law if they have made such an application. It is necessary to take into account that compliance with Art. Art.

7 and 8 of the said Law, the procedure for registering the transfer of housing is mandatory for both citizens and officials who are entrusted with the responsibility for transferring residential premises in the state and municipal housing stock into the ownership of citizens.

Paragraph 5 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation provides that the demands of citizens for the free transfer of residential premises into the common ownership of all persons living in it or into the ownership of one or some of them (in accordance with an agreement reached between these persons) are subject to satisfaction regardless of the will persons who are required by law to transfer housing into the ownership of citizens, since Art. 2 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” gave citizens occupying residential premises in houses of the state and municipal housing stock under a rental or lease agreement the right, with the consent of all living adult family members, to acquire these premises into ownership, including joint ownership or share.

Thus, appeals to the courts by military personnel, citizens discharged from military service, and members of their families who received residential premises from the Ministry of Defense of the Russian Federation under the terms of a social tenancy agreement are legal and will continue until the Ministry of Defense of the Russian Federation the procedure for the free transfer to citizens of residential premises under the jurisdiction of the Ministry of Defense of the Russian Federation will be determined, or until such residential premises occupied by military personnel, citizens discharged from military service, and members of their families are transferred to established by Federal Law of December 8, 2011 N 423-FZ “On the procedure for the gratuitous transfer of military real estate into the ownership of constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg, municipal property and on amendments to certain legislative acts of the Russian Federation” order into municipal property or the property of constituent entities of the Russian Federation. Then this category of citizens will have the opportunity to privatize occupied residential premises on a general basis.

So, we've sorted out the theory, let's move on to practice. The housing commission of the military unit decided to allocate you an apartment and conclude a social rental agreement. But the apartment still belongs to the Russian Federation. To correct this annoying misunderstanding, you will most likely have to go to court. Each situation is unique in its own way, but there are points common to all, and we will consider them.

First, who should I file a claim with? Of course to the current owner. As mentioned above, the apartment belongs to the Russian Federation, on behalf of which various organizations act, to which the housing stock is transferred under the right of operational management or economic management.

Often the reason for refusal is the fact that there is no registered right of operational management. If you have carefully read the theoretical part, you know that this does not interfere with the privatization of the apartment as your property. The procedure is more formal, but necessary.

In any case, you will need an extract from the Unified State Register for the disputed apartment. You can obtain it from the Rosreestr authorities.

Second, what demands should be made in the claim? Requirement for recognition of ownership of residential premises through free privatization. Some judges require that the claim also include a demand for termination of ownership of the Russian Federation.

In my opinion, this is unnecessary, since recognition of your right automatically terminates the right of the Russian Federation. If you are privatizing an apartment for several people, be sure to include them as plaintiffs.

Remember, minor children are required to participate in privatization (if they have not participated previously), others can refuse by drawing up the appropriate document with a notary.

Third, what to prove in court? It is necessary to prove three main facts: 1) the existence of a disputed apartment; 2) the legality of providing it to you; 3) Your right to participate in privatization, i.e. not previously participating in privatization. The first is proven by providing a technical passport and an extract from the Unified State Register.

Secondly, an extract from the protocol of the housing commission and a social tenancy agreement. The third one is more difficult. As a rule, military personnel change several places of residence during the period of service.

The difficulty is that if you have been registered at different addresses since July 4, 1991 (the beginning of privatization), you need to confirm your non-participation in privatization for each of them. There is a universal solution to this problem - an extract from the Unified State Register of Real Estate on the rights of an individual to his real estate assets (for all constituent entities of the Russian Federation).

As the name suggests, this document contains all the information about the real estate properties registered in your name, as well as the grounds for their registration. The cost of preparing this document in Rosreestr is 1500 rubles. for one person.

I hope the article will be useful to you. If you have any questions, write through the “Ask a Question” form or call 8(495) 764-36-37. We will be happy to help you.  

Privatization of an apartment for military personnel

Privatization of apartments for military personnel has been extended until 2015. This became possible after the adoption of the federal law amending the law “On the entry into force of the Housing Code of the Russian Federation” on February 19, 2013. The law was approved by the Federal Assembly and came into force.

According to this law, the privatization of apartments by military personnel will take place according to previously established rules.

Extending the period during which military apartments can be privatized free of charge makes it possible for even more military personnel to solve the housing problem, which has been acute for many years and is one of the priorities. Indeed, in order to carry out his duties efficiently and fulfill his duty to the Motherland, a serviceman must understand that he and his family will not find themselves on the street tomorrow and that the apartment is at his complete disposal.

The privatization of apartments for military personnel and other citizens is provided for by the Constitution of the Russian Federation. It says that everyone has the right to housing.

The most popular form of exercising this right is to provide Russian citizens with the opportunity to obtain private ownership of residential premises from the state or municipal housing stock, which they occupy under social tenancy agreements.

Legally, the privatization of a serviceman’s apartment looks like this: the state transfers part of the property of the housing stock to private ownership free of charge.

The issue is regulated by the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”. Art. 2 of this law provides for the provision of the social right to free privatization of occupied residential premises to all citizens of Russia without exceptions based on social status, profession and other characteristics.

It is related to ensuring the security of the state, the defense of the country, and the protection of public interests, therefore it is constitutionally significant and can pose a danger to the life and health of military personnel.

That is why additional social protection measures are provided for them, in particular in the field of housing.

The Federal Law “On the Status of Military Personnel” enshrines state guarantees in providing housing for those military personnel who have retired to the reserve due to age, health or other reasons.

The privatization of apartments for military personnel can be carried out through the transfer to him of departmental residential premises of the Russian Ministry of Defense, except for residential premises that have official purposes and are located in closed military camps.

Despite legislative guarantees, privatizing an apartment for a military personnel is not always easy. The process can be labor-intensive and time-consuming.

After all, military personnel receive housing from the funds of the Ministry of Defense mainly under a social rental agreement, and subsequently they may encounter such nuances as the absence of an owner or management company (if the house, for example, is transferred to another department), problems with documents for the apartment, etc. . In this case, privatization of the military personnel’s apartment is possible through the courts, but this requires additional time and money.

As a result of such obstacles, some military personnel and their families have to defend their right to private housing for a long time.

The way out of the situation is a military mortgage, an installment plan that makes it possible to purchase the desired housing at a significant discount.

Privatization of housing by military personnel 2023 - under a social tenancy agreement, in a military camp, by military pensioners, through the court, where to start, law

All citizens of the Russian Federation have the right to privatization. However, for military personnel this process is especially problematic.

The main problem is the nuance that the housing provided to them is the property of the Ministry of Defense.

It is this fact that often becomes a hindrance to privatization.

General information

The legislation states that the state can provide military personnel with both improved and full provision of housing conditions.

At the same time, a citizen can apply for privatization like any other person, however, the status of a military personnel during privatization plays an important role.

Who is eligible?

Privatization of an apartment by military personnel under a social tenancy agreement is carried out in the same way as in the usual case. However, in order for this process to be carried out, it is necessary to serve for at least 20 years.

But even with the rights to privatization, it is not always possible to complete it. After all, this also requires suitable living space.

What objects can be registered as property?

Like ordinary citizens, military personnel have the opportunity to obtain ownership of such types of residential space as private houses or apartments.

However, at the same time, those that others must necessarily be on the balance sheet of the municipal housing stock, and not under the control of the military department.

What does the law say?

The Federal Law “On the Status of Military Personnel” states that military personnel have the right both to register ownership of an apartment and to use it free of charge under a social tenancy agreement. In this case, the responsibility for providing meters lies with the Ministry of Defense of the Russian Federation.

• In the regions, this activity may be under the supervision of regional departments of the same department.
• At the same time, military personnel can formalize privatization based on the general law “On the privatization of the housing stock of the Russian Federation” No. 1541-1.
• They are also subject to Government Decree No. 512, which regulates the procedure for obtaining housing on a free basis.
• So, for example, to privatize an apartment, a military citizen will need to serve at least 20 years in order to exercise his right to transfer the apartment into private ownership.

Privatization of housing by military personnel

As mentioned earlier, military personnel, like all citizens, can apply for privatization of housing. However, there are several different aspects that may concern both the premises themselves and the future owners themselves.

Thanks to them, this process is somewhat different from the standard procedure.

Under a social tenancy agreement

Military personnel can privatize an apartment only if there is an agreement that proves the fact that they are using it on the basis of social rent.

In the absence of a document, when the case is considered in court, the plaintiff’s request to obtain privatization rights will be denied.

In a military town

The most difficult thing is to get an apartment that is located on the territory of a military camp.

Thus, if housing is located within military-type towns, then its privatization is impossible. Since, according to the legislation, this territory is of strategic importance.

Pensioners

With military pensioners, things are a little different. They can receive housing in the form of:

• a lump sum payment of a certain amount of money;
• housing subsidy;
• granted military mortgage.

A pensioner can also receive meters by applying for them through the court.

However, such cases may have a chance of winning, provided that the apartment is transferred from the military department to the custody of the municipality.

Where to begin?

First of all, before starting privatization, it is worth finding out which particular department of the Ministry of Defense has the rights to the desired living space. 

If the apartment is not located on the territory of a military camp, then you should contact the necessary authorities with a certain package of documents and a request for privatization.

Registration procedure

As such, there is still no clear procedure for the privatization of housing by military personnel, as well as for the transfer of any property into the ownership of a private person. As a result, quite often such cases go through the courts. But, of course, you can go through the entire procedure yourself.

First of all, you need to submit an application to the Department of Property Relations of the Ministry of Defense with a request to transfer the apartment into private ownership.

After this, you will have to wait for a response, which can be given within two months from the date of application. If the answer is positive, you should start collecting the documents required to obtain ownership of the apartment.

After this, you need to apply for the conclusion of a gratuitous agreement, which will indicate that the housing has been transferred to private ownership. The final stage will be obtaining technical documentation for the living space.

List of documents

To begin privatization of housing, a serviceman must prepare a number of documents.

Among them must be present:

• a statement setting out the request for the transfer of the apartment;
• notarized statements from family members who do not want to participate in privatization;
• a copy of the social tenancy agreement;
• copies of participants’ passports;
• a copy of the certificate stating that ownership of the apartment is registered in the name of the military department;
• passport for the apartment;
• extract from the personal account;
• house register data;
• extract from the service record;
• an extract from the Unified State Register, which indicates the right to receive housing in the region where the privatization process will take place;
• information about unused privatization rights;
• an extract from the Unified State Register indicating the current owner of the desired apartment;
• written confirmation from the Housing Department of the military department, which will indicate that the authorities have no complaints about the ongoing privatization.

In addition to copies, you must provide original documents when registering.

1. Here is a sample application for privatization of an apartment,
2. sample social tenancy agreement,
3. sample certificate of non-participation in privatization.

Grounds for refusal

But even if all the documents necessary for privatization are collected, the military may still be refused.

And there are several reasons for this:

• Presence of unregistered alterations in the premises.
• In practice, there have been cases when the case was stopped due to the death of the plaintiff.
• If the privatized housing is official, and not the property of the budget.
• In the case where the military’s right to privatize an apartment has already been used.

Also, some documents may seem falsified, which will lead to a number of proceedings. And if at least one of them is fake, the privatization deal will be cancelled.

The same result can be obtained with real, but incorrectly filled out documents.

Going to court

To understand all the nuances of his position, a serviceman can independently study all the documentation. But if he does not have time for this, then he can turn to lawyers with a question about privatization.

In this case, the issue will be considered by the court. But for this, the military will need to have documents that will help make a decision faster.

If, after consideration, the court gives the citizen consent to carry out privatization, then the latter must apply with the received papers to the Unified State Register.

After this, his rights to living space, which arose in connection with privatization, will be registered in accordance with the legislation of the Russian Federation.

But failures also happen. They are usually associated with problems in documentation or with the fact that the housing for which the plaintiff is applying is not subject to privatization.

Such objects include:

• emergency houses/apartments;
• areas located in the territories of closed towns or that are part of military dormitories.

Statement of claim

In order for the case to be accepted for consideration, a well-written statement of claim must be attached to the package of documents. To do this, you can use a sample, or draw up a claim yourself.

At the same time, if it was not possible to obtain all the necessary documents before the start of the proceedings, then in addition to the claim, you can also file a petition to obtain the necessary documents.

A sample statement of claim for the privatization of housing is here.

Both documents must be signed by both the serviceman himself and his family members who will participate in the process.

What difficulties may arise?

• It must be understood that privatization through the courts can take several months.
• The court does not always side with the plaintiff, due to the fact that there are reasons that prevent the transfer of the apartment into private ownership due to some problems.
• The trial may be delayed due to the following reasons:

• In case it is difficult to establish under whose control the apartment is located.
• If the serviceman does not have a social employment contract in hand.

There are also incidents involving incorrect payment of duties.

Its size in 2023 corresponds to that established in 2023 - 200 rubles.

Here is presented judicial practice on the privatization of housing for military personnel.

Video about the registration procedure

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Privatization of an apartment for military personnel

Privatization of housing is a rather profitable offer that most citizens of the Russian Federation strive to implement in their lives.

People purposefully move towards their cherished desire - to become the full owner of an apartment, to receive the long-awaited documents of ownership, overcoming the difficulties and problems that they often encountered in the process of housing privatization.

There is a certain category of citizens who, from the very beginning of the privatization path, are faced with seemingly insurmountable obstacles - military personnel.

When starting the privatization process, a person may face a number of problems, for example, the absence of the owner of the house in which a military family lives; or absence of a management company; lack of registration certificate for the apartment and other problems.

All this leads to a halt in the privatization process itself.

If any problematic situations arise related to privatization, you should remember that it is possible for a military personnel to privatize an apartment through the court. At the same time, qualified assistance in privatizing an apartment will be provided to military personnel by lawyers who can not only help prepare all the necessary documents, but also resolve any disagreements in court.

To become a full-fledged homeowner, you need to understand the exact procedure for privatizing an apartment for a military personnel.

Citizens are required to prepare all the necessary documents, and, having written a statement of claim to the court, wait for a court decision that allows them to become the owner of a residential premises legally.

If the court issues a positive answer, then the serviceman is obliged to submit the full package of documents, to which the court decision is attached, to the Unified State Register. This procedure is necessary to ensure that ownership is registered in accordance with the law.

It should be remembered that there are a number of residential premises that are not subject to privatization in accordance with the law: emergency, unsuitable housing, as well as housing that is located in closed military camps or dormitories for military personnel.

Privatization of housing involves two options for transferring ownership of residential premises:

• each family member participating in privatization receives their own specific share in the apartment;
• the residential premises are transferred into the ownership of one family member.

You should know that in the application that is being prepared for privatization, it is necessary to put the signatures of all members of the serviceman’s family, not forgetting about minor children.

In addition to the application, a corresponding package of documents is prepared for the court. Below is a list that contains documents for privatizing an apartment for military personnel:

• copies of identity documents;
• a notarized statement on behalf of a family member who refused to participate in shared privatization; if this family member is a minor child, then a document (certificate) is prepared from the guardianship and trusteeship authorities;
• an extract made from the Home Book, which includes the full composition of the serviceman’s family;
• cadastral passport for the apartment;
• copy of personal accounts;
• If the family of a serviceman was provided with an apartment in the period after September 1, 1991, then additional documents are required (registration certificates from previous places of residence and certificates that would confirm the participation of the serviceman and his family in the privatization process for the first time).

Even with the preparation of all the necessary documents, a refusal is possible that does not give the right to participate in the privatization of housing. The following situations can be identified when a serviceman and his family may receive a refusal: lack of a social employment contract; presence of counterfeit documents; use by the serviceman submitting the application of his right to privatize housing, etc.

The issue of privatization of housing for military personnel can be considered finally resolved if they have received all the necessary documents proving ownership of the residential premises registered in the Unified State Register, as well as the privatization agreement itself.

Property that was once state property can be transferred to private ownership through privatization. This process does not involve any payment for the operation, with the exception of... Every citizen can privatize an apartment since 1991, and carry out these activities free of charge. The privatization process involves the transfer of real estate into private ownership from the state. This m... Apartments are represented by housing and property objects that are the most common in large cities today. In connection with the need to obtain ownership rights to these territories, it is relevant... During the Soviet era, many people and families lived in rented housing, as well as in apartments that were exclusively municipal property. But since 1991, there has been a small reform involving n... The privatization procedure involves a process in which real estate is transferred through a change of owner. Before privatization, property usually belongs to the state and the municipality, after privatization...

03/14/2022 — Vyacheslav Guldin

Rougeau announced the deregistration of my wife’s housing as it turned out that in 1979. her father, a military man, received housing in Sevastopol through the USSR Ministry of Defense, which was privatized during Ukrainian times, including for his wife, and subsequently in 2004 her share was sold. She has been registered for housing since 2015. Are their actions legal?

Privatization of housing by military personnel - transfer of living space into private ownership

Free privatization of housing by military personnel is a rather labor-intensive process, noticeably different from the usual transfer of housing into private ownership. By law, all Russian citizens have the right to transfer ownership of the residential premises in which they live under a social tenancy agreement.

The process of buying out living space for private use in Russia became widespread in the 90s; now it is believed that it is possible to transfer free housing into ownership for military personnel only until March 1, 2015, although previously the period was extended several times. You can use the right of privatization only once in your life.

How to privatize housing for military personnel if the residential building does not have a de jure owner? There remain, of course, difficult questions that are worth dwelling on.

How can a military man privatize an apartment?

The law on the privatization of housing for military personnel is currently working with great difficulties, and some officers have generally been deprived of the right to transfer occupied apartments into ownership. For the most part, such cases are resolved only through the courts, and there are several reasons for this that make it difficult for military personnel to obtain housing ownership:

• The provision of housing to military personnel under a social tenancy agreement, which is not municipal, but departmental, and therefore is not subject to the usual regulations on the transfer of living space to private ownership.
• The house may not have a legal owner; apartments often do not have cadastral passports and other documents. There may be no management company, and all this leads to the fact that it is impossible to carry out a seemingly simple procedure, and the question of how to privatize a military apartment comes to a dead end.
• In closed military cities, residential real estate cannot be registered as property at all, since it must remain completely state-owned, i.e. on the balance sheet of the military department. A serviceman may be given an apartment to use for a very long period of time, but formally such housing is still considered temporary.
• Dormitory rooms and emergency housing also cannot be transferred to private ownership. Often, military families have to wait years for resettlement, and only then apply for privatization.

In general, departmental residential premises should not be transferred to private ownership, as this reduces the housing stock of the Ministry of Defense. The eviction of military personnel from housing provided at the place of service is carried out on the basis of an agreement.

At the same time, all contract soldiers have the right to receive ownership of an apartment by military personnel after a certain period of service under the contract. In practice, the following privatization algorithm operates.

Transfer of living space from public to private

Privatization of housing by military personnel - the documents and procedures necessary for its implementation may vary depending on the situation.

The main way to transfer housing into ownership is to go to court.

Such cases are now quite common, and many lawyers provide assistance in privatizing housing for military personnel, if you have the necessary papers. Military personnel will need the following documents to privatize an apartment:

1. Copies of identification documents of all participants in the procedure for transferring living space to private ownership. It is also necessary to formalize a notarized refusal of privatization for those citizens who live in the apartment and are registered, but do not intend to participate in privatization.
2. Documents for the apartment: technical plan, cadastral passport, technical passport.
3. Social rental agreement for living space specified in the agreement.
4. Documents that confirm that you have not participated in the denationalization of living space since 1991. These are extracts from the state register, certificates from the BTI, etc.
5. Extracts from the service record and from the order of dismissal of a serviceman from service.
6. Extract (form 3) about the presence or absence of property.
7. Statement of claim for privatization of housing by military personnel in court in a free form.
8. Receipt for payment of state duty (about 200 rubles).

It is important to take into account that privatization can be carried out in two forms: in the first case, the entire apartment is registered only in the name of the serviceman himself, and in the second case, in equal shares for all family members.

Accordingly, the form of the claim and the number of participants in the procedure, the denationalization of residential real estate, change, and relevant documents are drawn up for each of them. The application is also signed by all participants in the procedure for transferring living space to private use, including minors.

The documents necessary for the privatization of housing for a military personnel are submitted to the court, after which you need to wait for the date of consideration of the claim. Information on registration of the submitted application can be seen on the website; additional requirements will be published there if any papers were completed incorrectly.

Consideration of a claim may be refused only if corrections to all submitted papers were not made within the specified period.

A positive court decision means that the apartment is transferred to full private ownership, after which it must be registered. A privatization agreement is drawn up, the apartment is registered in the state register, after which it is considered the property of the serviceman. It can be sold, donated, inherited, etc.

Is it possible to privatize office space?

Privatization of a military service apartment is currently impossible. Service residential premises differ from social real estate precisely in their status; even in registration documents a special mark is placed.

While the apartment is on the balance sheet of the military department, it cannot be transferred to private ownership.

A serviceman has the right to live in it only until he retires, after which it must go into the use of another contract soldier.

The only way is for the apartment to be transferred to the status of municipal housing by the military department.

After this, the serviceman draws up a social rental agreement, and only then can the procedure for denationalization of the residential premises begin.

A procedure such as the privatization of housing by military personnel requires documents to be prepared very carefully. Inaccuracies in the design, unreliable or unverified information may cause the claim to be denied. However, it is quite possible to cope with all the bureaucratic subtleties.

Any army forum can help with this - the privatization of housing by military personnel is a very popular topic. Participants in discussions on forums, as a rule, post their life stories with the privatization of residential premises.

You can also find out what the cost of privatizing housing for military personnel is in monetary terms.

Urgent privatization of military personnel's apartments without legal support is not possible.

Total score: 9Votes: 2

The GVP answers: receiving housing for military personnel through privatization

Question:

Together with the social tenancy agreement for the apartment, I received a certificate of state registration of the right, which states: “The subject of the right is the Voronezh KECH MVO. Type of law - operational management.

When my colleagues applied to the court for permission to privatize, the decision was “to transfer ownership of the apartment.”

Should I focus on the terms of free privatization or will I be able to acquire ownership after its completion? (I graduated from college in 1993).

• Andrey Obruchev, Voronezh
• Answer:
• The procedure and conditions for providing citizens with housing are determined by the Housing Code of the Russian Federation and other federal laws and regulations issued in accordance with it.

According to paragraphs 1 and 3 of Article 49 of the Housing Code of the Russian Federation, residential premises of the state or municipal housing stock are provided under a social tenancy agreement.

Residential premises of the housing stock of the Russian Federation under social tenancy agreements are provided by decree of the President of the Russian Federation to categories of citizens, which, according to the Federal Law “On the Status of Military Personnel,” include military personnel.

For this reason, military personnel under a social rental agreement are provided with apartments, the owners of which are the state, and the right of operational management is registered with the bodies of the Russian Ministry of Defense, which are entrusted with the functions of providing housing for military personnel. Previously, such bodies included the utility and operational units of the military department.

According to paragraph 6 of Article 15 of the Federal Law “On the Status of Military Personnel,” military personnel, as well as citizens discharged from military service, and members of their families have the right to receive free ownership of the residential premises they occupy in accordance with federal laws and other regulatory legal acts, with the exception of official residential premises and residential premises in closed military camps. The procedure for transferring into the ownership of Russian citizens on a voluntary basis the residential premises they occupy in the state and municipal housing stock is determined by the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation”, the provisions of which establish the right of citizens to free privatization of residential premises in accordance with the Federal Law “On the entry into force of the Housing Code of the Russian Federation” loses force on March 1, 2015.

In this regard, you, as a military serviceman who entered into the first contract for military service before January 1, 1998 and are provided with housing on the basis of a social tenancy agreement, have the right to receive, through privatization, the residential premises you occupy only during the period of validity of the relevant provisions of the Law “On Privatization” housing stock in the Russian Federation", that is, until March 1, 2015.

Privatization of an apartment for military personnel

Too often, military personnel and members of their families must defend the right to privatize the apartment in which they live in court. It is very difficult for an untrained person to understand all the necessary procedures.

The Zashchitnik group of companies provides military personnel with any assistance in privatization. We prepare all documents for filing a claim in court and subsequent registration of property rights.

You can ask questions by phone:
8 (911) 147-90-09 or 8 (981) 197-31-67

The legal company Zashchitnik offers assistance from experienced lawyers in the privatization of military apartments in Slavyanka, Kolpino, Tosno and Pavlovsk. Contact us, Our company is always happy to put the burden of solving your current issues on our shoulders!

According to the law of the Russian Federation, every citizen has the right once in his life to privatize housing for free , that is, to become its full owner. However, when privatizing housing for military personnel .

Considering that the process of privatization of housing for military personnel is carried out through the court and takes up to six months of time, it is often beyond your capabilities for various reasons, it is advisable to contact the specialists of our law firm. We will do all the necessary actions:

• collection of certificates,
• payment of duties,
• preparation for the court hearing,
• representation of interests in court,
• registration of ownership with delivery of the Certificate of Ownership to you.

Privatization of housing by military personnel through the courts is a troublesome and lengthy matter. Business correspondence with responsible organizations can drag on for months, and all written refusals should be retained for presentation in court.

Privatization of an apartment by military personnel requires the following documents:

1. Cadastral passport for the apartment,
2. Technical certificate
3. A social tenancy agreement under which a serviceman and his family live in an apartment.
4. Written refusal by the authorized body of the Ministry of Defense to transfer apartments.
5. Extract from the service record.
6. Archival certificates Form 9 on the registration of all participants in privatization since 1991.
7. Certificate of non-participation in privatization from the BTI since 1991
8. Notarized power of attorney from all participants.
9. If you refuse to participate in privatization, you must issue a notarized refusal.

This list is not complete; in each specific case of privatization of an apartment by a military personnel through the court , additional certificates and other documents may be required.

There is little time left. The mechanism for privatizing an apartment must be launched immediately if you do not want to wait for the loss of the apartment as property.

The cost of a law firm's services for the privatization of apartments for military personnel through the court is from 18,000 rubles, the privatization of apartments belonging to the city of St. Petersburg is 20,000 rubles, with 50% being an advance payment, the remaining 50% upon receipt of a certificate of ownership.

Company location: St. Petersburg, pos. Shushary, Slavyanka, Rostovskaya st., building 14-16, office 62N.

You can ask questions by phone:
8 (911) 147-90-09 or 8 (981) 197-31-67

Ask your comrades, colleagues, and neighbors about the quality of our work.

Sincerely, the team of LLC "UK" Zashchitnik"