What documents prove that the apartment is a service apartment? Rules for the privatization of service housing

In connection with the extension of the privatization period until March 1, 2010, cases of citizens' appeals on the privatization of office premises have become more frequent. Oksana Lyavinets, junior lawyer at ATC group, answered the most popular questions in this area, based on current legislation and practice.

What does the term "service housing" mean?

In accordance with Art. 93 of the Housing Code of the Russian Federation, office space is understood as premises that are intended for citizens to live in connection with the nature of their labor relations with a state authority, local government, state enterprise or state or municipal institution, in connection with the passage of service, in connection with the appointment for a public office, or in connection with election to elective offices in public authorities or local self-government bodies. According to Art. 92 of the Housing Code of the Russian Federation, office living quarters refer to residential premises of a specialized housing stock (specialized living quarters).

How can you get service housing: who can get it, on what conditions?

In Art. 99 of the Housing Code of the Russian Federation states that specialized residential premises are provided on the basis of decisions of the owners of such premises (acting on their behalf by authorized state authorities or authorized local government bodies) or persons authorized by them under contracts for the lease of specialized residential premises.

Office living quarters are provided by the decision of the administration of an enterprise, institution, organization, governing body of a cooperative or other public organization in charge of these premises. On the basis of the decision, the local administration issues a warrant for service living quarters of the established form. Based on Art. 100 of the Housing Code of the Russian Federation, with the person who received the order for official housing, a written contract for the lease of premises is concluded for the entire duration of the tenant's work, in connection with which he was provided with this premises.

The lease agreement defines the rights and obligations of the parties to use the office living space. Family members of the employer service housing living with him, enjoy all the rights and bear all the obligations arising from the contract of employment, on an equal basis with the employer. In accordance with the established procedure, the tenant has the right to move his spouse, children, parents, other relatives, disabled dependents and other persons into his office living quarters, having received the written consent of all adult members of his family. The tenant's rights are limited by law. Thus, he is not entitled to book, sublet, or exchange the office premises he occupies.

Service living quarters from the specialized housing stock of the city of Moscow are provided to citizens registered with housing in the city of Moscow at the place of residence, registered as needing assistance from the city of Moscow in the acquisition of residential premises within the framework of city housing programs or not provided with residential premises in the city of Moscow 18 sq.m. For one of the family members of the total area of ​​living quarters, including nonresident citizens who do not have a living quarters in the city of Moscow, if they:

• filed an application for the provision of office housing to them from the specialized housing stock of the city of Moscow;
• have citizenship of the Russian Federation;
• work in government bodies of the city of Moscow or organizations (enterprises) financed from the budget of the city of Moscow;
• have not committed in the five years preceding the filing of the application, actions or civil transactions that led to the deterioration of their living conditions, as a result of which they may be deemed in need of housing.

For how long is the office space issued?

The contract for the lease of office premises is concluded for the period of labor relations, service or being in an elective position. Termination of labor relations or tenure in an elective position, as well as dismissal from service is the basis for termination of the contract for the lease of office premises.

Is service housing subject to privatization? What does it depend on?

In accordance with Part 1 of Art. 4 of the Law of the Russian Federation of July 4, 1991. "" "On the privatization of the housing stock in the Russian Federation" "established a list of residential premises that are not subject to privatization. These include office living quarters.

Part two of this article provides that the owners of the housing stock or their authorized bodies, as well as enterprises to which the housing stock is assigned on the basis of the right of economic management, and institutions into the operational management of which the housing stock has been transferred, with the consent of the owners, have the right to make decisions on the privatization of service housing. premises and housing stock located in rural areas of stationary institutions for social protection of the population.

Thus, office premises are not subject to privatization, but the owners of the housing stock and their authorized bodies, as well as enterprises for which the housing stock is assigned on the basis of the right of economic management, and the institutions into whose operational management the housing stock has been transferred, have the right to make decisions on the possibility of privatization. office living quarters. The grounds and conditions for the privatization of these premises may be provided for by the legislation of the constituent entities of the Russian Federation.

If housing is subject to privatization, then what is the procedure (to whom and what documents must be provided)?

According to Art. 1 of the Law "On the privatization of the housing stock in the Russian Federation" dated July 4, 1991. under the privatization of residential premises is meant the free transfer of ownership of the citizens of the Russian Federation on a voluntary basis the residential premises they occupy in the state and municipal housing stock. In this case, a dwelling can be registered as a common joint property, a common shared property, or the property of one of the residents living together. The privatization process of a residential building begins with the collection of the necessary documents. If the dwelling is in official use, one of the main documents is the permission of the owner of the official housing stock. The following documents are attached to it:

• The original order or the original extract from the decision with the social contract.
• Extract from house books from all addresses of your residence, starting from 01.07.1991, at all registered places of residence.
• Cadastral passport and explication.
• Copies and originals of passports of all family members registered in this living space.
• Certificate of replacement of passports (if the passport was issued after 07/01/1991)
• Notarized power of attorney for a one-stop shop employee.
• Application and personal presence of all registered family members.
• Receipt for payment of state duty (500 rubles.)

Further, the generated package of documents must be submitted for state registration. Residents of Moscow can contact the Office of the Department of Housing Policy and the Housing Fund of the Russian Federation, where privatization reception offices are most often located.

The final result will be a title deed. State registration lasts from 1 to 2 months.

How do the availability of service housing and the waiting list for improving housing conditions for those in need of housing affect each other?

The presence of office premises is not a reason for refusing to improve housing conditions.

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Servicemen serving far from their place of residence and their family members, according to the law, must be provided with service housing from the specialized housing stock of the military department, the owner of which is in such premises provided precisely for the period of military service or other labor relations established by law. Service housing for family members of military personnel is considered temporary, and after retirement, the military must vacate him, having received a permanent apartment from the state.

What can be departmental housing

Until recently, the procedure for issuing service housing to servicemen provided only for rooms in dormitories or service apartments of a specified area, as well as housing included in the maneuverable fund. Since 2010, a private house can be provided as housing. How a serviceman can get a service apartment and in what form it will be implemented depends on the conditions at a particular place of service.

The law on the provision of service housing to servicemen enshrines the right that a person who arrives at a place of service must receive an apartment for temporary use within the established terms of providing housing to servicemen - within the first three months. The instruction on service housing for military personnel establishes that during these periods, housing is selected for family members of military personnel according to the area standards.

It should be located in the same settlement where the military unit is located, and if this is not possible, then in the nearest point.

The law on service housing for military personnel says that service apartments are provided to the military for the entire period of service; there are no time limits. Such premises are provided under a lease agreement concluded between the owner, which is the military department, and the serviceman himself. There is a practice, when servicemen are provided with service housing, they are excluded from the list of homeless, i.e. they can no longer apply for housing on social rent.

Dismissal of a serviceman with a service apartment implies the release of the living space. The settlement, as well as the eviction of a serviceman from service housing, should be carried out only on the basis of a contractual relationship, with the obligatory signature. In fact, eviction from a service apartment of a serviceman should mean either transfer to another place of service, or the implementation of another form of housing.

The contract can be drawn up only in writing, and it is terminated upon dismissal of a military man from service, destruction of housing, by agreement of both parties.

Features of departmental housing

To do this, it is necessary to write a report of the established form, to which the following list of documents is attached to receive service housing for the military:

1. Copies of pages of documents proving the identity of the soldier himself and his family members.
2. Certificate stating that the citizen has a military contract.
3. A copy of the document on the conclusion or dissolution of marriage.
4. Help, which reflects the composition of the family.
5. BTI certificate at the place of service.
6. Information about the absence or presence of residential premises that are occupied by the military's family under a social employment contract or belong to him on the basis of property rights in the settlement where the officer is performing contractual obligations.
7. A certificate stating that the premises occupied at the former place of service (including the room in the hostel) was vacated.

Regarding the possibility of joining the NIS, the military are turning to - this question is often encountered on the network. Meanwhile, participation in the NIS should not have an impact on the provision of military service living space.

Where to send documents

Documents for service housing for military personnel are submitted to the territorial departments of the Ministry of Defense institutions involved in the distribution of housing.

After a suitable apartment has been found, an agreement is drawn up for service housing for military personnel.

This document specifies the conditions for using the apartment, as well as the rights and obligations of the parties, including those related to the termination of the contract.

The contract for a service apartment for military personnel is urgent, that is, it will be recognized as valid only for a certain time. The validity of the housing contract is limited by the term of the contract or the period of service of officers called up to serve by decree of the President.

If the composition of the military's family has increased, then he has the right to receive a larger living space. An application for improving housing conditions is submitted to the housing department, to which a new certificate of family composition and a child's birth certificate are attached.

In the event that the military's family has broken up and the spouse does not want to voluntarily withdraw from the registration register, then the ex-wife of the serviceman can be discharged from the service apartment through a lawsuit.

What if there is no departmental area?

According to the law, a soldier cannot be dismissed at the end of his service life without providing the living space in the property in any of the possible ways.

As a result, a situation has developed when some of the officers cannot resign from the service, waiting for their turn to receive an apartment. At this time, they and their family members occupy an office living space for lack of their own. As a result, young officers are left without service apartments and are forced to rent living quarters. Logically, a serviceman should occupy service housing exclusively for the duration of his service in this place.

a rather acute topic that worries citizens who still live in departmental apartments and dormitories - "small families". On the one hand, the timing privatization of service housing once again extended, moving the borders to March 1, 2017, on the other hand, there is no guarantee that the new transfer will take place. Therefore, in order to be in time for the remaining months and not make mistakes in the process, you need to take some measures. Let's try to figure out which ones.

Service housing - what is it?

According to the housing legislation, all premises used for housing are divided into several categories. One of them is the so-called specialized housing, which includes dormitories, a maneuvering fund (houses used for temporary residence of citizens from resettled houses) and office premises. The latter include apartments and rooms that are provided to citizens not in ownership or under social employment contracts, but in connection with work.

This kind of housing is transferred to citizens for use under an agreement, while the term of this agreement does not exceed the term of the employment agreement. After the end of employment, the tenant and family members must leave the office and look for new housing on their own.

The exceptions are cases:

• if family members of a military, firefighter or an employee of one of the law enforcement agencies who died or disappeared during execution live in the apartment;
• family members of ordinary workers who have died are not evicted;
• if the employee who received housing has retired on an old-age pension;
• if the employee has become disabled of group I or II due to the fault of the employer (due to an accident at work, got an occupational disease, etc.);
• if orphans live in the apartment.

Can corporate housing be privatized?

It is necessary to say right away: due to the special legal status, it is almost impossible to privatize office premises. Moreover, the law directly prohibits the privatization of such housing on general grounds, therefore, it is useless to apply to the housing department of the local municipality with statements: this housing does not belong to the municipality, but to a department or enterprise, so that the local government cannot dispose of it.

However, the law leaves a way out for citizens. can be carried out if the organization, in whose ownership the dwelling is located, agrees to this procedure. This is the main difference from the privatization of ordinary municipal housing: there citizens have the right to privatization, and the local government only formalizes the procedure, but cannot prohibit this step.

How to privatize service housing?

As stated above, privatization of service housing produced only in a permissive manner. That is, this is not a citizen's right, but a step that the employer takes to meet him. However, the likelihood of such privatization is by no means zero: the enterprise, for example, may have a program to attract workers with high qualifications and rare professions (actions such as “Work with us for 10 years - and you will get an apartment”). In addition, some businesses may go to meet the employee in order to simply remove living quarters from their balance sheets.

In any case, the first step towards this type of privatization will be to submit an application to the administration of the enterprise or department that owns the housing. The term for consideration of such applications is usually no more than 2 months. Based on the results of the consideration, the administration either refuses to transfer the ownership of the housing to the employee, or agrees to this step. If a refusal is received, the procedure ends there: according to the law, there is no possibility to force the administration to privatize, since it depends entirely on its goodwill. If consent is obtained, you can proceed further.

Privatization procedure

To take place privatization of service housing, it is necessary that before this housing ceases to be service. For this, the following procedure is used:

1. The company or department transfers the dwelling into the ownership of the local municipality. Specific transfer issues are decided on the basis of agreements between the two organizations and local regulations.
2. After the transfer is made and all the necessary documents are drawn up, a citizen who wants to privatize housing, submits an application to the appropriate municipal service.
3. The application together with the attached documents (copies of passports, extracts from the registration certificate for the apartment, etc.) is considered in the manner prescribed by federal laws and local acts. Then the municipal authority decides either to conclude a privatization agreement, or (if the documents contain any obstacles to the privatization of housing) to refuse privatization.
4. If privatization is denied, the citizen must, by March 1, 2016 (that is, before the end of the all-Russian privatization of the housing stock), correct the shortcomings and reapply.
5. If there are no obstacles, the citizen and the housing department of the local administration conclude an agreement, which is then registered with the local authority of Rosreestr. From this point on, the privatization has been completed.

Some features of the privatization of service housing

With regard to service housing, there are some nuances related to privatization. For example, if the administration of an enterprise or department does not agree to privatization, you can try to force it to do so through the courts. In this case, claims are filed:

• to the administration of the enterprise - with the requirement to apply to the municipality with an application for the transfer of housing;
• to the municipality - with the requirement to transfer housing to the ownership of a citizen.

However, this path is extremely difficult and in most cases does not bring any results. It is extremely rare that circumstances develop in such a way that there are grounds for satisfying such a claim.

In addition, it is possible to transfer housing from official to private, not only through privatization. The law does not prohibit the conclusion of either a donation agreement in relation to apartments, or a purchase and sale at a minimum cost. However, such methods can no longer be regarded as privatization.

Download the contract form	Download the contract form

Finally, it is impossible to privatize service housing if a citizen has already spent his right to privatization (for example, if he previously lived in municipal housing under a social rent agreement, privatized it, then got a new job and got a service apartment there).

• Workers in public schools and hospitals. Having learned that teachers and doctors are provided with free housing, you may immediately think that everything is very simple, and hurry up to get a job in one of the presented industries, if you have the appropriate education for this. But not everything is so simple. Housing is provided to workers in these specialties only if they agree to go to work in a rural municipality, while spending many years on backbreaking work.
• Customs officials, judges, tax officials.
• Housing and communal services workers. Oddly enough, but in fact there is such a practice to allocate office housing to locksmiths, electricians and even janitors. All this is done only so that people go to work in this area, since it is not very popular due to the meager wages.
• EMERCOM employees.
• Law enforcement officials. Such people are very often forced to travel to work. However, they are delayed for a long time. That is why they are provided with service housing.
• Officials. These civil servants are allocated office housing, perhaps, most often. The fact is that officials are considered an indispensable unit in government. Therefore, they are provided with service housing. Moreover, in this case, it is taken into account that the apartment is fully equipped with everything necessary, as well as that it must have a telephone.
• Servicemen. If a person related to military service is lonely, then he is provided with a room in a hostel as needed. But if a soldier is obliged to make many travels around cities with his family, then he is obligatorily provided with a separate apartment.

As you probably already noticed, ordinary teachers or janitors have much less chance of providing them with separate housing than the same military personnel. But ideally, these chances still exist. Read more about how to get a mortgage for a teacher and a doctor.

How to become an owner of a company housing

According to the law, namely, with reference to the Land Code of the Russian Federation, in order to become the owner of municipal or official housing, you must draw up a statement, which will contain a request that you work in a certain state structure, within which you are entitled to separate housing.

You submit this application to the Ministry of Housing and Utilities of your region. The application form itself is available on the website of this organization. You either submit the completed sample personally to the Ministry, or send it by mail. In addition to the application, documents are attached, which include:

• applicant's passport;
• documents for housing, in which the applicant and his family live in fact at the time of application. If the applicant rents an apartment, then a lease is required.
• a certificate confirming the fact that the applicant does not have his own home. In the event that there is housing, it is necessary to provide a certificate of the condition and characteristics of this housing;
• a petition from the head of the enterprise, within the framework of which it is planned to obtain housing;
• a certificate from the state register of real estate about the presence or absence of housing for the applicant.

As a rule, all documents are reviewed within 30 working days, after which a positive or negative decision is made. This decision is made by the Minister of Public Utilities, or his deputy.

Further, the question of what kind of apartment to provide you will be decided on an individual basis.
For example, by law it is required that each member of your family has at least 6 meters of housing. But there is also an upper limit, namely 15 meters. Also, if your family has children of different sexes over 9 years old, then they are entitled to different rooms.

In fact, many organizations, even if they provide service housing, do not provide the right to choose, and even more so, do not pay attention to the footage.

Abandoned apartments can also be considered as service housing. What does it mean? If the owner of the home died, but at the same time he had absolutely no heirs, then the state has the right to consider such apartments as options for providing them to certain employees of certain departments.

Imagine that you have already written a statement and handed it over to an authorized person. Your application has been considered and a positive decision has been made on it. In this case, you receive a warrant that is issued for the period as long as you have labor obligations to the organization that gave you the apartment.

In fact, you will be a full user of the home, since you are required to pay monthly utility bills. But as soon as your obligations to the organization end, then you will have to vacate this apartment or room.
But do not despair, because there are options to formalize the privatization of service housing. We will tell you about them.

Privatization of service housing

According to the law on privatization, office premises cannot be registered as full property. That is, you may immediately think that there are no options, and you will never become the owner of company housing. But it’s not like that. There are several nuances, when considering and observing which, you can still arrange an apartment for yourself.

One of the main ways is when you have worked for the organization that provided you with housing, and also lived in it for more than 10 years. This is a very common option. To do this, you only need to documentally remove the apartment from the service housing and register it as private property. There are also a few special cases where service housing can be privatized. For example, if you were given an apartment by an organization from which you then retire. It does not take into account whether 10 years have passed or not. As soon as your pension is documented, you can safely write an application for privatization. Read separately about what documents are needed to privatize an apartment.

The second option is if, due to the fact that you are working for the benefit of one organization, you receive a degree of disability (first or second). To somehow mitigate this circumstance, the organization may make concessions and not wait until the end of 10 years of your residence in service housing.

The third option - if a person for whom an order for office space was issued dies, then his family has the right to demand privatization from the employer of the deceased citizen.

It is the fact that during privatization it is necessary to change the status of service housing, and it is considered the most labor-intensive and time-consuming. Situations are not excluded that you can wait for this even for several years. But if it is the timing that is important and critical to you, then you simply sue.

Thus, the issue of changing the status of housing can be resolved faster. The decision to go to court will be considered lawful if the employer refused to give his positive decision to privatization when your 10-year term of service has passed. As statistics show, from the point of view of legislation, such cases should be resolved very simply and quickly, but in fact, even going to court does not give you full guarantees that you will become the owner of official housing. Such litigation can also last for several years, but at the same time you will not have any guarantees that a decision will be made in your favor.

Output
So, we found out what is service housing and who may be eligible for it. We also determined in fact how you can become the full owner of such housing, and not just use it. As a result, it can be decided that according to the law very many representatives of various spheres of activity are entitled to official housing. But since most of them do not know about their rights, in our country there is still a problem when young families, as well as pensioners, live in rented apartments, or take large loans from banks to buy their own home.