Privatization of service housing, how to privatize a service apartment in 2023

A number of citizens have the right to receive official housing for use while working in an institution, enterprise, or during their service. The difficulty of registration is that the law does not establish a uniform procedure for obtaining such apartments, and the key decisions are always made by the owner. Today we will consider this issue in more detail, highlighting the general rules and individual features of the structures.

Law on official housing

There is no single law on official housing that is suitable for all situations. General provisions are contained in the Housing Code of the Russian Federation. Specification should be sought depending on the field of work. For example, military personnel refer to the Law on the Status of Military Personnel and Order of the Ministry of Defense dated September 30, 2010 No. 1280. If the apartment is in municipal ownership, then you need to look at the relevant administrative regulations of the locality.

The housing code norms on what service housing is highlight the following features of such living space:

• the living space belongs to the state or municipal fund;
• provided in connection with the performance of official duties for temporary residence.

The premises provided can only be isolated and fully suitable for habitation. Today apartments meet these requirements. Rooms in dormitories are not official and are provided if it is not possible to provide a separate apartment.

The general rules for the provision of official housing are as follows:

• a service apartment is issued to a person who works in an enterprise, institution, holds a government position or performs service;
• you can live in the provided premises for the period predetermined by the employment (service) contract - it is the employment relationship that determines the possibility of using the living space;
• the final decision to provide residential premises or not is made by the owner;
• It is impossible to obtain square meters as property, but there is a procedure for circumventing this rule.

Important! In general, the procedure for providing official housing is the same, with a number of nuances that are determined by the owning department.

Difference from social hiring

Residential premises under an employment contract are significantly different in status from municipal premises, which are rented out under social tenancy agreements. Legally, the first refers to a specialized fund.

The differences are as follows:

• municipal apartments are given to those in need due to poor housing conditions, service apartments are given to employees and employees in connection with an employment contract;
• Normatively, social hiring is regulated by Section III, specialized hiring – by Section IV of the RF Housing Code;
• Housing for social rent can be privatized, but specialized housing cannot be privatized.

It is in connection with the possibility of privatization that the most questions arise. Apartments that are on the balance sheet of the municipality may or may not have official status.

The status of official housing is assigned by a special decision of the municipal authorities. How to find out whether a municipal apartment or a service one is to ask the owner for a decision on assigning such status. If there is no such decision, then the apartment does not have official status, which means it can be privatized.

Who is eligible to receive

The following apply for temporary use of official housing:

• civil servants;
• deputies of any level;
• employees of various institutions with state participation (for example, Russian Railways);
• teachers, doctors, firefighters, police officers;
• persons serving in the Ministry of Internal Affairs;
• military.

The list of those eligible for housing is open. Housing legislation does not contain prohibitions on providing individual citizens with this type of living space, so you need to find out about the possibility of obtaining premises for living in your structure.

The main condition is that the citizen should not have other apartments on the territory of the subject in which he could live during his working life.

Receipt procedure

The general procedure for obtaining official housing can be divided into two stages:

1. Submitting an application for recognition as needing housing. At this stage, the person is recognized as having the right to a special apartment and gets in line.
2. Next, an application is submitted for the provision of living space directly, an agreement is concluded and the family moves into the apartment.

How a service apartment is provided will be discussed in more detail below.

List of documents

To be placed in the queue - documents for obtaining official housing:

• passports of the employer and his family members (for children - birth certificates);
• marriage or divorce certificate;
• certificate of family composition (house register) from the place of permanent residence;
• an employment contract or document confirming election to a position;
• an extract from the Unified State Register of Real Estate on the applicant’s rights to real estate;
• application for registration.

Attention! If official housing is provided from the municipal fund, the employer will need a petition to provide an apartment to the employee.

Additional documents for official housing will be needed after registration and for immediate receipt of an apartment. These include:

The application forms provided are examples. The administration of a locality or region, as a rule, develops its own forms.

Procedure

Step-by-step procedure for obtaining office space:

1. We determine the owner of the apartment. At this stage, it is necessary to establish whose decision on moving in is to be received and which agency will sign the agreement. There are several options. This is the administration of a locality, the administration of a region, an authorized government body (ministry, department, committee, etc.), and the management of an enterprise. It’s better to start your search with your employer, who will tell you where exactly you need to apply.

1. We collect documents. The list above is an example. An exact list suitable for a specific situation can be obtained from employees of the competent department. You need to make a copy of each document, and take a package with the originals and copies to the appointment.

1. After completing all the certificates, we submit an application to be placed on the waiting list for those in need of housing. The application review period is up to 30 days. As part of the inspection, officials will determine whether there is a real need for the provision of office accommodation. In any case, the applicant is given a written response. The refusal can be appealed to a higher authority or court.

1. Having received a positive decision, we wait in line for an apartment. Next, we submit an application for the provision of an apartment directly. The application must be accompanied by the documents from the previous paragraph and a positive decision on placement in the queue. The application is reviewed within 30 days. Based on the application, a decision is issued to provide residential premises and a rental agreement is concluded with the applicant.

1. We conclude a rental agreement and move into the apartment. Previously, orders were issued for moving in, but now they have been replaced by rental agreements. Features and a sample contract are in the next paragraph.

Attention! The rules for the provision of specific housing may change, be shortened or supplemented depending on local regulations. For example, to obtain premises for a position in a commercial company, one application is sufficient - immediately for the allocation of premises.

Conclusion of an agreement

The rental agreement for residential premises is concluded between the owner and the applicant. The contract must indicate the tenant's family members who are granted the right to use the apartment and live in it. An important feature is that the agreement is valid during the term of employment.

The text of the contract specifies the responsibilities of the tenant and his family:

• keep the premises in proper condition and use them strictly for their intended purpose;
• make rent payments, utilities and carry out cosmetic repairs;
• keep the premises in their original form and prevent reconstruction or redevelopment.

The text regulates in detail the main issues of interaction between the owner and the tenant.

A sample rental agreement can be downloaded here for your reference.

Termination of an agreement

The rental agreement for premises is terminated in the following situations:

• the term of the employment contract or election to a position has expired;
• by agreement of the parties - at any time;
• at the request of the employer - at any time upon written application;
• at the request of the owner - only through the court if the tenant violates the terms of the contract.

In any case, after termination of the contractual relationship, the apartment is transferred back to the owner. If the tenant refuses to voluntarily leave the premises, he can be forcibly evicted through the court and then the FSSP.

Who can't be evicted

You cannot forcibly evict from an apartment:

These categories must be provided with other housing within the city upon eviction.

Military personnel

The status of military personnel is regulated in more detail than in other structures. To obtain an apartment, a serviceman submits a report addressed to the head of the unit where the serviceman arrived for duty. Attached to the report are the standard documents listed above plus documents related to the service.

We published a detailed article about official housing for military personnel with document forms at this link.

Dormitory or rental

If there are no apartments available, with the consent of the serviceman, his family may be provided with a dormitory for living at the rate of at least 6 meters per person.

Military personnel also have the opportunity to take advantage of the sub-hire option. For renting housing, the employee will receive compensation from the budget according to the report. The size is as follows:

• capital and St. Petersburg - 15,000 rubles;
• cities and regional centers – 3,600 rubles;
• other settlements – 2,700 rubles.

Doctors and teachers

Doctors and teachers are another socially significant category of employees. There is no federal housing distribution program for them, so it is necessary to seek clarification:

• to the regional health department - doctors;
• to the regional Department of Education - to teachers.

As a rule, service housing is provided as part of health and education development programs in the region. The Department for State Property Management can also handle the distribution of premises, but specific conditions are developed by the relevant departments.

Russian Railways

Some Russian Railways employees need to live close to work - and the company provides them with this opportunity.

The procedure for providing office housing:

1. When concluding an employment contract, Russian Railways undertakes to provide an apartment.
2. Based on the contract, the employee is entered into the internal accounting database of those in need of residential space.
3. Next, the available apartments are distributed among the registered employees, and rental agreements are concluded.
4. After termination of the contract, the employee vacates housing within a month.

Special norms have been laid down for the provision of accommodation to Railway employees, which can be downloaded here.

State and municipal civil servants

Civil servants receive the right to premises from the moment of concluding a contract for service and appointment to a position. Methodological issues regarding the distribution of premises are decided by the relevant department. The lease agreement is signed by the department authorized to dispose of state or municipal property.

Additionally, a civil servant may qualify for a one-time subsidy for the purchase of housing. It is provided for by the Law on Civil Service and Decree of the Government of the Russian Federation of January 27, 2009 N 63.

Upon retirement

The Housing Code protects the rights of pensioners who rent housing provided by their service. Even if the tenancy agreement has terminated, it will not be possible to forcibly evict a pensioner.

To evict him, he must be provided with other housing, which must:

• be located on the same territory;
• be well-maintained;
• comply with technical standards.

At the same time, it is legal to ignore the size of the alternative apartment, as noted by the Plenum of the Supreme Court of the Russian Federation in paragraph 42 of Resolution No. 14 of July 2, 2009. A pensioner may be provided with a smaller apartment in exchange.

Privatization of service housing

Privatization is possible only on the basis of a social tenancy agreement. In relation to official housing, another type is concluded - a rental agreement for residential premises, while the agreement itself includes the status of the apartment as official.

The only way to privatize service housing is to transfer it from the status of official housing to the status of social rent housing. This works for situations where housing is on the balance sheet of a municipality, region or federation. Necessary:

The procedure for managing an official apartment of the Ministry of Defense of the Russian Federation does not differ from that stated above. The owner will be represented by the Ministry of Defense, and the decision will be signed by the head of the military unit in which the military man serves.

If the apartment is on the balance sheet of a commercial organization, then it is almost impossible to privatize it.

A judicial appeal will also not lead to a solution to the issue, since no law gives the right to employees of a commercial company to privatize official housing.

We wrote more about how to privatize service housing here.

The provision of official housing is a social guarantee that supports employees of various enterprises, civil servants and officials. To obtain living space, you need to prove that the family needs improved living conditions and wait for the owner’s decision.

If you still have questions about the topic of the article, please ask our duty lawyer via the chat window.

We will be grateful for your like and repost of the article.

Privatization of official housing (departmental) - after March 1, 2023, latest news, judicial practice

Official housing is provided by organizations for employees in connection with the performance of their direct job duties.

The law prohibits the transfer of housing that has official status to the ownership of citizens.

• But there are exceptions to the rule.
• The privatization of apartments on the balance sheet of the municipality is regulated in detail.
• New legislation regarding the transfer of ownership of service housing to citizens raises many questions.

What it is

Service housing is houses or dormitories that are used by citizens for temporary residence during their work activities.

It cannot be privatized, since it is not municipal or state property.

1. Housing with official status belongs to organizations.
2. Service housing is provided to a citizen by an organization in accordance with an agreement.
3. He can use such an apartment until the document expires, after which the employee and his family members will be required to vacate the premises.
4. The following categories of persons are not required to leave the official living space:

• family members of a military serviceman, law enforcement officer, firefighter who went missing or died in the line of duty;
• retired employees;
• orphans;
• family members of the deceased employee;
• employees who have become disabled in groups 1-2 due to the fault of the employer.

Privatization of official housing, with rare exceptions, is practically impossible on a general basis.

The only possible option for transferring ownership of such a dwelling is the consent of the organization that is the owner of the dwelling.

Video: “Privatization of housing”

Reasons

The main basis for the privatization of municipal housing is a social tenancy agreement.

A similar agreement is concluded with the municipality that owns the building.

The use of official living space is carried out on the basis of an official, rather than social, rental agreement.

• Moreover, the owner of the apartment is most often the organization where the citizen works.
• The difference between a social tenancy agreement and a service tenancy agreement is that in the second case, with the end of the period of performance of labor duties by the citizen, the validity of the agreement ends.
• Social rent implies the absence of a specific purpose when providing housing and the indefiniteness of the contract.

Law

In Art. 4 of Law No. 1541-1 states that the direct transfer of ownership of service apartments is prohibited, since they are not state property.

Privatization can be carried out if the employer agrees to this in writing.

In 2006, a decision came into force according to which official housing must be registered in a special Register.

If a specific apartment is not included there, then it can be privatized, since the provisions of Art. 4 of Law No. 1541-1.

Who is eligible

Citizens who fulfill state obligations due to their work activities have the right to privatize housing that has the status of official:

• military;
• officials;
• deputies;
• employees of the Ministry of Emergency Situations and law enforcement agencies (that is, housing can be privatized by employees of the Ministry of Internal Affairs of the Russian Federation);
• employees of the Federal Tax Service;
• judges;
• teachers, doctors;
• utility employees;
• fisheries and forestry workers;
• customs officials.

The right to privatize official living space is also given to prosecutors.

Possible options

Privatization can only be carried out if the state or municipality that owns the housing has given consent to it.

The initiative for the transfer of ownership rights may come from an enterprise or institution.

Employer initiative

A municipal unitary enterprise or state unitary enterprise can transfer ownership of residential premises free of charge at any time.

To accomplish this, the consent of the municipal body or state, which owns the property of enterprises or organizations, is required.

Change of property status

An existing contract of employment does not serve as a basis for classifying housing as official.

1. Contacting Rosreestr will help clarify the status of the residential premises.
2. An apartment is considered a service apartment if it is part of the department’s housing stock and there is a corresponding transfer act and resolution.
3. A change in the status of a property occurs after the liquidation of an enterprise, when the living space becomes the property of the municipality or state.

Housing can be privatized only if there is a move-in order or a social tenancy agreement.

The trade union committee can issue a petition, a sample of which can be downloaded on a specialized legal website. Such a document is advisory in nature and does not serve as a basis for starting the privatization procedure.

Privatization of official (departmental) housing

Privatization of service housing after March 1, 2023, latest news - the possibility of transferring ownership to a citizen exists only with the consent of the owner of the property.

In order to exercise the right to privatize office housing, certain conditions must be met:

• the citizen must work in the organization that owns the apartment for at least 10 years;
• live in housing provided by the employer for at least 10 years.

Housing that has official status is intended to be used in the interests of the employer, and not for the purpose of providing living space for citizens in need.

State employees

For public sector workers, privatization is practically the only way that allows them to become owners of living space.

To privatize service housing, it is necessary to transfer it into the ownership of the municipality, after which the procedure is carried out in the general manner. This is explained by the fact that such living space is provided under the terms of a social tenancy agreement.

For certain categories of citizens of the Russian Federation, legislators proposed a draft law.

In accordance with it, public sector employees can privatize housing allocated on the basis of a service lease agreement, owned by the municipality, indefinitely.

Public sector employees who have the right to privatize service housing that is municipal property:

• medical workers;
• teachers;
• federal service employees;
• employees of social protection and cultural institutions;
• scientific workers.

By warrant

An order is a document similar to a social rent agreement.

Until 1995, apartments were provided to citizens on the basis of an occupancy order. Privatization of living space occupied under a warrant will be carried out in the same way as for housing used under a social tenancy agreement.

In the countryside

The legislation allows for the possibility of requiring the provision of ownership of housing occupied by rural residents.

Moreover, such real estate objects may be the property of municipal authorities or enterprises.

The norms set out in Art. 4 of Law No. 1541-1 make an exception for living space belonging to the housing stock of state farms and similar agricultural enterprises.

Municipal

• Housing transferred to the ownership of municipal authorities loses its official status.
• Such apartments are considered to be transferred to citizens under the terms of a social lease agreement; there are no obstacles to their privatization.
• The norms of Law No. 1541-1 and the Housing Code of the Russian Federation apply to the rental of such housing.

Military personnel

For the military, the possibility of privatizing housing depends on the status of the military camp in which it is located.

If the town is closed:

• it is impossible to privatize the apartment due to its special status;
• the living space will have to be vacated after the service period ends or the serviceman is transferred to another location.

In an ordinary military camp, the owner of the housing is the Ministry of Defense.

It has the right to decide on the transfer of living space from the official fund and transfer it to the ownership of citizens.

Former family members

The employee to whom it was issued can privatize the home. The spouse and children of this employee have the right to apply for living space. After the divorce, family members receive the right to dispose of their share in the privatized apartment.

In case of divorce before the start of the privatization procedure, the second spouse:

• loses rights to living space;
• must leave the apartment;
• registration lists are deleted;
• loses the right to participate in privatization, even if he has lived in the home for more than 10 years.

Children cannot become former family members; for this reason, they have the right to participate in the procedure for privatizing the apartment of one of the parents for 6 months.

Doctors

Medical workers can privatize housing if it becomes the property of the municipality or state and is not listed on the balance sheet of the medical institution.

The consent of the medical institution is required for the free transfer of living space to an employee.

Utility employees

Most utility workers live in service apartments without the right to privatize them.

The transfer of ownership of housing to a citizen is possible if municipal authorities or the state make an appropriate decision.

Procedure

Before proceeding with privatization, it is necessary to make sure that a social tenancy agreement for residential premises has been concluded. If there is such a document, then there will be no difficulties with re-registration of ownership.

Algorithm of actions:

1. Submitting a complaint to the owner of the property. The municipality creates a normative act in accordance with which the transfer of ownership becomes possible.
2. Obtaining consent to participate in the privatization procedure of all people registered in the residential premises.
3. Preparation of documentation package and application.
4. Submitting an application with attached papers to the authorized bodies.
5. Documents are reviewed within two months, after which the citizen is issued a refusal or permission for privatization.
6. If the decision is positive, a privatization agreement is concluded.
7. Submission of the signed agreement to the Rosreestr authorities.
8. Obtaining a certificate of ownership of the living space.

What documents are needed

The list of documents required for privatization includes:

• a regulatory act on the transfer of official living space to the balance sheet of a municipal body;
• application from all residents registered in the apartment (or refusal to participate in privatization in writing);
• copies of birth certificates and personal passports of all residents of the apartment;
• extract from the house register;
• social rental agreement for residential premises;
• registration certificate of the dwelling;
• floor plan (with explanation);
• cadastral passport;
• an extract from the personal account confirming that there are no debts on utility bills.

In some cases, employees of the authorized body may require additional papers:

• death certificate (copy) of people previously registered in the residential premises;
• if the surname has changed - a copy of the marriage or divorce certificate;
• consent of the guardianship and trusteeship authorities, if persons who have not reached the age of majority and are under guardianship are registered in the apartment.

Where to contact

A citizen must contact the administration of the municipality on whose balance sheet the privatized service housing is registered.

Timing and cost

The legislation establishes a period during which the authorized bodies make a decision on privatization.

It is 2 months .

In practice, especially if the re-registration of property rights is carried out in court, the time of the procedure can increase to six months or more .

• In Moscow, privatization of official housing involves seeking qualified legal support, which will cost approximately 6-30 thousand rubles , depending on the complexity of the case.
• In accordance with paragraph 2 of Art. 333.33 of the Tax Code of the Russian Federation, the cost of privatization is limited to the payment of the state fee for registration of property rights in the amount of 2 thousand rubles .

Resolving the issue through court

A court decision regarding an apartment that was not properly registered as official living space will be positive. That is, there is no corresponding registration mark in Rosreestr, and there was no transfer to the category of specialized housing.

Privatization through the court is possible in the case where the owner has agreed to transfer the living space to the municipality for the further transfer of ownership rights to the citizen.

But municipal authorities are slow to make a decision on privatization.

In some cases, the contract may be declared invalid.

Statement of claim

The claim is filed with the court at the location of the official living space.

Photo: sample document

The statement of claim must be addressed to:

• to the employer with a proposal to transfer the property into the ownership of the municipal body;
• addressed to the head of the municipality with a requirement to accept the residential premises on the balance sheet.

Arbitrage practice

The judicial practice of the Supreme Court of the Russian Federation indicates the limitation period for cases related to privatization - it is 3 years .

What decision the court will make depends on the evidence presented and the circumstances of the case.

Courts accept statements of claim from citizens who are former employees of liquidated organizations.

When does free privatization of apartments in Russia end? Find out here.

Who has the right to privatize an apartment for social rent? Read on.

The employment contract is declared invalid. The same applies to the privatization of dorm rooms.

When starting the privatization of service housing owned by municipal authorities, you should carefully study the status that housing has from a legal point of view.

Ownership of service apartment 2023 | Legal service

A military man and his family do not have the right to service housing of this type. Within 3 months after completion of the contract, the serviceman and his relatives must move out of the premises.

Important! Article 93 of the Housing Code of the Russian Federation contains only information about the purpose of the residential premises. It states that such premises are intended for the residence of persons in connection with the nuances of their labor relations with government authorities at the appropriate level due to the fact that these persons are serving in connection with their appointment to a public position.

Privatization of service housing in Russia in 2017

In order to transfer a service apartment into ownership, first of all, it is necessary to submit an application to the administration of the department or enterprise that owns the housing.

As soon as the work activity ends, the tenant and his family members must leave the service housing and look for a new apartment on their own. This agreement will serve as the basis for state registration of your ownership of this apartment. If the apartment is your property, then no one will have the right to demand you vacate it.

Exception to General Rule #1

A clear answer is given in the current legislative acts, although there are some nuances that require special attention.

In order to dispose of an apartment, a serviceman is obliged to change the status of his own apartment and transfer it to municipal ownership. After which his living space will cease to be official housing. Thus, it can be transferred under a social rent agreement. It could then be converted to permanent military housing.

In order to qualify for official housing, a citizen must contact his command with an application, as well as a list of necessary documentation.

But in some cases the privatization process is impossible. For example, if a person lives in a service apartment issued by an organization. If he terminates his employment with the employer, he will have to vacate this home.

For example, a local act of the department may stipulate that privatization is carried out if there is a certain number of family members of the employer or only for certain socially vulnerable categories.

It will be possible to obtain housing for personal use free of charge in the next few years, then the property will have to be purchased.

Citizens who did not receive housing for military personnel can count on monetary compensation. This procedure has been in effect since 2014.

Who made the decision to assign the apartment the status of office space? Only authorized structures have the right to take such actions.

How is the privatization of official housing carried out?

Only on the initiative of the owner - the municipality - can this apartment be transferred into your ownership.

Service housing is provided to citizens for use on the basis of an agreement. At the same time, you can use such housing until the contract expires.

At the same time, contract workers can take advantage of mortgage lending without waiting for the three-year period from the start of service to expire. But in this case, the mortgage will be provided on general terms. Subsequently, you can use the capital funds of the savings-mortgage system to repay the loan.

Since official housing has a special legal status, its privatization is practically impossible, with rare exceptions. Such housing cannot be privatized on a general basis.

The most common option for purchasing an apartment for military personnel is the savings-mortgage system. In accordance with its rules, the federal budget sponsors the capital of a contract soldier.

Residents or a tenant who has entered into a rental agreement must work in this company for at least 10 years. And he must live in the apartment for the same amount of time. It should be borne in mind that this norm is not fixed anywhere and is not formally binding.

Rules and features of privatization of a service apartment in 2023

This is the main difference from the privatization of ordinary municipal residential premises: citizens can privatize an apartment and local authorities only formalize the procedure, but cannot prohibit this step.

In a normal situation, privatization concerns exclusively municipal housing provided to citizens on the basis of a social rental agreement. The main features of such an agreement are its open-ended nature, as well as the lack of a clearly defined purpose.

In accordance with the Privatization Law, it is impossible to transfer official housing into personal property, since it belongs neither to the state nor to municipal authorities.

Rules for the privatization of official housing

The privatization procedure is regulated by Law No. 1541-1, which was put into effect on July 4, 1991. This regulatory act defines the conditions for participation in the program for obtaining municipal property into private ownership.

Many military personnel who have lived in a service apartment for more than a year find it difficult to say goodbye to it, as they get used to the area, as well as the layout, infrastructure and other important things.

Or there is simply no other living space.

Lawyers are guaranteed to find an individual solution in each specific case and ensure savings of time, effort and personal resources.

Modern laws establish that citizens can, if a conflict arises regarding the re-registration of premises, apply to the court. However, legal practice makes it clear that the last word in the privatization process of a service apartment always remains with the owner of the property.

Consequences of deliberate deterioration of living conditions

A number of budget companies help their employees by giving them the use of office space. For 2023, the issue of privatization of such housing remains relevant.

The formation of today's market economy occurred precisely in those years when the term privatization began to enjoy wide popularity.

It is not easy to transfer official housing to municipal housing due to the fact that there is no specific legislation regulating this process in the Russian Federation. In practice, it is not always possible to manage an apartment. But in Russia there are other ways to obtain residential premises. It is possible to either obtain service living space for military personnel as property or, for example, obtain a military mortgage.

However, this action can be carried out with written consent from the employer.

The apartment is provided to employees (employees) and their families by decision of the administration of the enterprise or institution. The city administration must issue a warrant for this premises, allowing the use of housing during the entire period of work or service. Receipt of a warrant gives the right to enter into an employment contract with an enterprise or institution.

These are dormitories and houses intended for temporary residence of residents from the premises being resettled. A social rental agreement is concluded with the residents.

An employee gets a job at a company. At the time of his admission, an employment contract was concluded, one of the clauses of which indicates that the person must be provided with official housing. In such a situation, the employee has every right to demand the specified premises. If there is no such clause, then the requirements will be unreasonable.

The procedure for registering apartments as service housing

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

Service apartments are intended for residence of individuals due to the nature of their work activities - for example, when performing civil service in a certain area (Article 93 of the Housing Code). Only citizens who do not have other apartments in a given locality can receive such living space from an employer (Part 2 of Article 99 of the Housing Code).

Not every employer can boast of having their own housing stock. Large organizations and enterprises purchase real estate specifically for the opportunity to attract smart specialists to work without being tied to their search geographically. Many public sector employees also live in service apartments, for example, employees of the Ministry of Defense.

Definition of official and departmental housing

The listed categories of citizens are not subject to eviction. You can ask them to leave the premises only in one case - to provide another room for living in the same area. This could be an apartment under a social rental agreement.

In any case, it is the owners who decide whether residents will be able to exercise their rights to privatization or not. The privatization program has been operating in Russia for about 20 years. Moreover, its term is extended every 2-3 years. The last time the deadline for privatizing housing was extended until March 1, 2017.

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Law on Privatization of Service Housing 2023

The form of the rental agreement is strictly written; Verbal agreements are not permitted. The agreement is classified as urgent. In other words, an order always has a validity period. For example, a specific date or period of a person’s employment in a given organization. After the expiration of the warrant, the employee and his family members are required to leave the apartment, unless otherwise provided by the contract.

The consideration of such cases is based on how strong the plaintiff’s grounds are. The first thing the courts pay attention to is the consent of the apartment owner. Considering that no one has the right to force a government agency to agree, the property owner must voluntarily transfer the housing to the balance of the local authorities.

Is it possible to privatize service housing and how?

The only option for the employee is to file a lawsuit. Only on the basis of a positive court decision in favor of the employee, the local government body will be able to exclude the apartment from the number of official ones. Based on the court decision, the executive committee decides on such actions.

If the official housing previously belonged to a state or municipal institution , and then such an organization transferred its housing stock to local governments.

Privatization of an apartment in this case is possible if the institution operates in the same legal form as at the time of transfer of funds, that is, there has been no reorganization, privatization of the organization or its transformation into a joint-stock company.

If the organization does not transfer the apartment to the municipality, then citizens living in this premises do not have the right to privatize it

How to privatize a service apartment

The reasons for the dispute may be different, but the final requirements are always identical - to recognize the right to privatization. The lack of clear legislative norms allowing for the privatization of official housing often leads to negative results in filed claims. However, the desire to exercise your rights and protect your interests allows you to achieve the impossible and win litigation.

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The owner of the living space makes a decision not based on his personal opinion and preferences. He must take into account whether there are justified reasons for refusal or, conversely, approval. For example, the organization’s Charter may stipulate that after serving a certain continuous period, an employee has the right to privatize living space or other conditions.

How is the privatization of official housing carried out?

But there is a way out of this situation: you need to obtain the consent of the owner organization to privatize a service apartment. This is the main difference between receiving ownership of official housing and municipal housing. In the second case, the local authorities cannot refuse privatization to a person if his documents are in order.

Based on this, we can come to the conclusion that the transfer of premises of an official nature to the ownership of commercial structures cannot limit the right of the persons who live in them to privatize such premises. In the event of a transfer of ownership rights from the state or municipality to a commercial organization, this cannot lead to adjustments or termination of rental contracts.

Privatization legislation

The procedure for privatizing a summer cottage is standard. However, it must be remembered that, on the basis of Article 16 of the legislative act in question, before privatizing a house that requires major repairs, it must initially be brought into proper condition, and only then registered as private property.

1. Initially, you need to bring the residential property into proper condition. In other words, it must fully meet sanitary and fire safety requirements.
2. If the redevelopment was not agreed upon, then it must be legalized.
3. The next step is to collect the established list of documentation.
4. After this, you need to submit the documentation to the registration authority for review.
5. Based on the submitted documentation, an authorized person will check them for authenticity.
6. At the final stage, the property rights of the new owner will be registered.

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Why is the state planning to get rid of official housing?

By the way, the current end of privatization is only the final chord. Previously, the government also tried to limit the aspirations of employers to become owners of public housing.

Thus, simultaneously with the entry into force of the Housing Code of the Russian Federation on March 1, 2005, a new version of Article 4 of the old law “On the privatization of housing stock in the Russian Federation” came into force.

It prohibited the privatization of residential premises received by citizens under social tenancy agreements after the specified date. True, the Constitutional Court indicated in Resolution No. 6-P of June 15, 2006 that such a ban diverges from the Constitution.

But here is the decision of the Odintsovo City Court only two years ago. The claim for recognition of the right to privatize a share of a service apartment was satisfied.

The verdict refers to the Supreme Court's ruling No. 35-B 06-12 of July 23, 2006, which insists on mandatory registration of residential premises in this capacity. But the service status of the apartment was not reflected in Rosreestr.

Therefore, here, as in other quite numerous similar situations, there is a relationship not of specialized, but of social hiring. And, therefore, there are no obstacles to privatization,” says lawyer Oleg Sukhov.

Privatization of service housing after March 1, 2023

• family members of a military serviceman, law enforcement officer, firefighter who went missing or died in the line of duty;
• retired employees;
• orphans;
• family members of the deceased employee;
• employees who have become disabled in groups 1-2 due to the fault of the employer.

• death certificate (copy) of people previously registered in the residential premises;
• if the surname has changed - a copy of the marriage or divorce certificate;
• consent of the guardianship and trusteeship authorities, if persons who have not reached the age of majority and are under guardianship are registered in the apartment.

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Rules for the privatization of official housing

• when the apartment is occupied by the family of a firefighter, military person or law enforcement officer who died while performing official duties or went missing;
• the apartment is occupied by the family of the deceased employee;
• the employee who was provided with housing retired;
• the employee acquired a disability of groups 1 or 2 due to the fault of his employer;
• The residents of the apartment are orphans.

• military personnel;
• deputies;
• officials;
• employees of the Ministry of Emergency Situations;
• law enforcement officers;
• utility workers;
• Federal Tax Service employees;
• fisheries and forestry workers;
• judges;
• customs officers;
• doctors, teachers - in the absence of their own living space at their place of work.

Privatization of official housing: order in 2023, judicial practice

Service apartments are intended for residence of individuals due to the nature of their work activities - for example, when performing civil service in a certain area (Article 93 of the Housing Code). Only citizens who do not have other apartments in a given locality can receive such living space from an employer (Part 2 of Article 99 of the Housing Code).

Taking into account the above, the court decided to satisfy the claims in full, considering the order to be insufficient evidence of classifying the disputed housing as departmental. As a result, the plaintiff and the other 3 members of his family each received 1/4 of the disputed housing.

How to privatize service housing: step-by-step instructions

When wondering whether privatization of a cooperative apartment is necessary, it should be remembered that housing occupied under a social tenancy agreement is subject to privatization. Cooperative housing is not initially municipal, so there is no need to privatize it .

The privatization of housing in our country began in the nineties of the last century and continues to this day.

According to various estimates, from two-thirds to 80% of apartments and residential premises occupied by citizens under social tenancy agreements have become private property.

However, a number of categories of citizens experience difficulties with privatization due to the fact that they occupy departmental or official housing.