In this article we will look at how to get departmental housing into ownership. According to the Housing Code of the Russian Federation, service housing refers to the type of real estate, which is not possible to privatize. Nevertheless, if you observe a number of necessary conditions, you can still become the owner of such a living space.
Office apartment concept
An apartment is official if it is owned by any organization or institution and is provided to the employees of this organization for the duration of the employment contract between the employee and the employer.
The right to reside in such housing, in accordance with the law, is considered temporary. That is, the employee of the organization and his family have the right to reside in the territory of the office apartment for the entire duration of the employment contract. This right is governed by an employment contract.
This agreement may be terminated either by mutual agreement of the parties, or on the initiative of the employer at any time. The landlord has the right to terminate the lease on his own initiative or after the expiration of the employment contract, or only by decision of the court. An important point is that the employment contract is terminated before the expiration of the employment contract, but only if the employee has actually been dismissed. After the termination of employment with an employee using departmental housing, the company has the right to demand the release of the apartment. In this case, the employee does not have the right to apply for alternative housing.
Who cannot be evicted?
In some cases, the employer does not have the right to demand the eviction of the former employee. This exception applies to the following categories of citizens:
- Employees of the Federal Security Service.
- Employees of the internal affairs departments.
- Customs officers.
- Military personnel.
- Pensioners (old age).
- Workers who have lost their health in the performance of duties under an employment contract.
The above categories of citizens can only be evicted if alternative housing is provided to them. But the state does not always have such an opportunity.
Main conditions
What does the law on departmental housing say? The law of the Russian Federation “On privatization ..” contains a clause that the privatization of residential office space is possible by decision of the owner. This reservation is indicated in the fourth article of the second paragraph.
The decision on the possibility of transferring office space into private ownership to an employee remains directly with the organization, since it is the organization that transfers the apartments to its employees for use and has all the property rights to this housing.
Such a practice is considered legitimate and does not contradict the law. The precedent is fixed by the decision of the Constitutional Court on March 30, 2012 under number 9-P. All that is required for the transfer of housing to the employee’s private property is the preparation of the corresponding acceptance-transfer certificate at the enterprise. Based on this regulatory document, departmental housing passes into the status of private property of a citizen.
This means that the office apartment can be privatized, but only if there is an appropriate permit from the company that has all the property rights to this housing stock.
About municipal premises
There is also a fund of residential premises, which were transferred by municipal and state enterprises to the city administration and are listed on its balance sheet.
In this case, all such premises lose their departmental status and can subsequently be provided to citizens without any conditions, since they become municipal ones. Such apartments are transferred for use under a social contract of employment and can be transferred to the category of private property.
In recent years, some large cities have adopted their own provisions, which are designed to regulate such a process as the privatization of departmental housing and its very order.
For example, in the city of Moscow, in accordance with a government decree, employees who live there and have worked at the enterprise for a considerable period of time have the right to receive departmental housing. How much work does it take to become the owner of this kind of real estate? The answer is simple - more than ten years.
Does privatization of office housing make practical sense?
It is no secret that the housing provided by the enterprise, as a rule, has a small living area, and the condition of apartments and houses leaves much to be desired. And given the fact that the premises are usually temporary, tenants in it change frequently and do not stay for long.
It is clear that residents do not seek to invest funds and efforts in maintaining the normal condition of apartments, of course, the owner-company is not involved in this either. The result is a deteriorating housing situation every year. Therefore, such real estate on the market will not have a high cost.
Who benefits from this?
Without a doubt, if you lived in this apartment for a sufficiently long period and invested your money in its repair and maintenance, then it makes sense to become the legal owner of this living space.
Privatization will allow you to subsequently dispose of this housing at your own discretion. No one will limit the sale of housing. It can also be gifted or leased.
It is also advisable to get departmental housing in the ownership of citizens planning to change their place of work, because if you terminate the contract with the employer who provided you with the living space, you will have to vacate it, and if you don't have your own apartment, you will have to live in a rented apartment.
Worth thinking about?
However, if the general condition of the apartment and the condition of its technical equipment leave much to be desired, it is worth considering whether you need such an encumbrance. After all, upon completion of the privatization procedure, all responsibility and expenses for maintaining the living space will fall fully on its owner. Absolutely the whole range of internal repair work, including the replacement of the heating system, water supply and sewage system, will have to be done at our own expense through our own forces or by hiring outside workers.
You may be waiting in line for public housing. Then it is important to understand that if the real estate to be received is clearly larger than departmental housing, then it is better to abandon the idea of privatization. The reason is simple - as soon as you privatize an office apartment and become its owner, you will be deprived of the right to obtain housing from the state. But living in a departmental apartment does not deprive you of the right to improve housing conditions. Among other things, while a citizen lives in the office and at the same time stands in line, the company does not have the right to evict departmental housing without providing another alternative apartment.
And due to the fact that in the Russian Federation there is practically no housing stock where the authorities could resettle citizens from departmental apartments, then, in essence, you can live indoors almost constantly.
The privatization procedure for departmental housing
Let us consider in more detail how exactly departmental housing is transferred to ownership. First you need to get the consent of the company.
The decision on the possibility of privatizing an office apartment by an employee of an enterprise belongs entirely to the enterprise itself, that is, to the nominal owner. To begin with, the employer should make a statement about the desire to privatize the apartment. The organization’s administration is obliged to consider this application within a period of not more than two months.
After this period, the employee receives an official response with a decision on the issue of privatization. If the company made a negative decision, then this means the automatic completion of the procedure.
Is it possible to influence the decision?
In accordance with the current legislation, it is impossible to influence the decision of the management of an enterprise in order to change the decision even by going to court.
After a positive decision is made and the management of the organization agrees, it is possible to transfer departmental housing into ownership, it is already possible to privatize it.
Important! The law prohibits the privatization of departmental apartments located in houses recognized as emergency.
In addition, persons who participated in privatization earlier will not be able to register office space. An exception are citizens who underwent this procedure before they reached the age of eighteen.
Order of registration
Before directly privatizing office departmental housing, which was previously received from a particular organization under a contract of employment, it should be established whether this premises is listed on the balance sheet of the enterprise.
A situation may arise when the apartment you are applying for is no longer the property of the enterprise, but was once transferred to the municipal department.
If the company was reorganized or liquidated, but the transfer of departmental housing into municipal ownership was not carried out and documented, then a solution to this issue needs to be found.
Main steps
The first stage: transfer of the said premises to the balance of a specific municipality. From the moment of transfer, housing acquires municipal status and becomes available for privatization.
Second stage: Filing a privatization application.
The following documents are attached:
- Consent of all registered citizens to privatization (from 14 years old).
- A full package of documents for the apartment (cadastral passport, etc.).
- Office lease agreement.
- Identity documents of residents.
- Extract from the unified state register of rights to real estate and transactions with it.
- Certificate of registered persons in this housing.
- Check on payment of state duty.
The relevant body within two months analyzes all the documents submitted and makes a decision.
The third stage. Drawing up a privatization agreement.
In case of denial of the right to privatization, it will be useful to require written confirmation. If such a refusal ensues due to the absence of any documents or inaccuracies made during their execution, then the application can be submitted again, having previously eliminated all the flaws.
The fourth stage. Obtaining a certificate of ownership in Rosreestr. It is issued immediately after drawing up a privatization agreement.
Thus, before starting the privatization procedure, it is necessary to determine its appropriateness. It is necessary to take ownership of an office apartment for a long time and not without problems, but nevertheless there is such an opportunity.