Service apartment - housing provided for the residence of the employee and his family for the duration of the performance of labor and official duties.
Legislatively the possibility of privatizing such housing is real, but the grounds for such a procedure are extremely small. We will try to tell in this article about how to privatize an apartment (service), what needs to be done, what documents have to be collected, and how much time you will have to spend on the procedure.
On what grounds can you privatize office housing
The law on privatization establishes that the owners or their authorized bodies may decide to resolve the issue of how to privatize an apartment (service) by employees of an organization or enterprise living there. The same powers are vested in institutions and enterprises whose economic management or operational management is the housing stock. So, the decision depends on the owners and business entities.
The existence of such norms in the nineties led to the fact that attempts to privatize official housing were rejected in large numbers by the owners of the housing stock, the judicial authorities accepted such refusals as appropriate, giving them legal status.
Legal regulation
In 2006, the Supreme Court of Russia issued a ruling according to which office premises should be entered in the housing register of real estate to confirm its status from the moment a decision was made to include the property in the database of office premises. What does this mean?
The wording indicates that, in the event of certain circumstances, the privatization of an office apartment is possible. But, despite this fact, disputes between owners and residents still arise due to complaints from people who believe that the owners violate their rights, which are regulated by the Constitution of the state. Many people ask: “Until what year will the free privatization of apartments be valid?” Many sources published information that from 01.03.17 this procedure would cost money, which caused crazy excitement among the residents.
How does the government solve this problem?
The determination of the Constitutional Court of the Russian Federation No. 441-O explains that the decision on whether it is possible to privatize an office apartment is made exclusively by the owner of the housing stock. Therefore, only he can solve the question positively.
Today's realities
Today, a person gets the opportunity to privatize an apartment that was previously on the balance sheet of a state (municipal) organization, but eventually passed into the possession of local government at the time it comes:
- liquidation;
- reorganization;
- the inability to bear the costs of maintaining office space.
In this case, the citizen has the full right to use official housing under a social contract of employment, while having the right to privatize housing. But given that representatives of municipal authorities are not always friendly towards citizens, they have to “fight” for official housing in court.
Privatization procedure for an office apartment
Former service housing may become the property of the applicant as a result of pre-trial or judicial review of the case.
When concluding a social contract of employment, or privatizing office housing, find out who it was listed at the time of your check-in.To get such statements, contact the archive, where, having picked up the relevant documents, find the necessary information.
When you move into military service apartments, it will not be out of place to know about the basis on which contract the previous tenants settled. In most cases, they are settled by concluding a service contract between the parties, less often - a social contract of employment.
Having found out that the institution was not involved in the transfer of property to municipal property, do not despair. In this case, arrange a check for the assignment of real estate official status. Since the presence of a stamp in the order practically does not mean anything, find out as much as possible about who and when made the decision to include real estate in the official list.
Remember that such a procedure is carried out only by the authorized body managing the state, municipal, departmental housing fund.
Important is the moment of assignment of dwelling status to a dwelling. This is possible only in the period before the transfer of the apartment for use by the residents.
Finally, pay attention to whether the service apartment (municipal) is registered in the list of service objects included in the Rosreestr.
What to do if at least one of the items is not completed?
If at least one of the conditions listed above is not met, then use should be provided under a social contract of employment, according to which the tenant has the right to privatization. But even in this case, do not count on the simplicity of the process, because even when the law is on your side, the owners do not always go forward, and the matter has to be decided in court.
Now you know whether it is possible to privatize an office apartment and in what cases it is available. But this is not all the issues of interest to the population using such housing.
What remains to be done for a successful process: instructions
To carry out the privatization procedure, you will need:
- withdraw the property from the official;
- transfer it to subordination to municipal authorities.
The transfer of housing is carried out in coordination with the parties of ownership: the head of the enterprise, whose official property belongs to the apartment, and the head of the municipal authority.
Contact and submit an application to the head for the provision of an office apartment as a tenant.
After considering such a statement, a decision is made. In the case of a positive result, the case proceeds to the next stage - the transfer of the company's official property to the balance of municipal authorities, and removal of the apartment from the register of official housing.
Upon completion of a number of formal procedures, privatization of an office apartment is possible.
Features of the procedure
After several stages of changing the terms of free privatization, many residents ask: until what year will free privatization of apartments of official submission be available? The ministry decided on the last stage of extending the deadlines for the procedure on the terms of free reissuance. So, if for some reason someone has not yet managed with privatization, you have time until 2019.
There are a number of features that you need to pay attention to so that the office apartment is redesigned. The tenant's rights to privatization come into force after he fulfills several points put forward by the state:
- the work experience of the subject must be at least 10 years;
- the duration of residence in the official housing provided to him must be at least 10 years.
Who can privatize public housing?
The categories of persons for whom the privatization of official housing is available include:
- State employees for whom such an opportunity is perhaps the only chance to acquire their own housing.Having transferred the property to municipal subordination, the representative of the public sector can reissue it in the general manner, according to the social loan agreement. The authorities developed a draft law defining representatives of the public sector: physicians, teachers, researchers, employees of cultural institutions and social representatives, employees of federal services, for whom the privatization period is defined as unlimited.
- Representatives of the agricultural sector in the countryside. The norm of prohibition of privatization, prescribed in the law, bypasses objects related to the housing balance of state farms and other similar agricultural enterprises. It follows from this that the villagers have every right to the provision of the property they occupy, regardless of their ownership. Such a right is regulated legally, therefore it is permissible.
- People living in a service house, which, due to transfer to the balance of the state, has lost its status. In this case, the apartment completely and completely from the state form of ownership passes into the ownership of the tenant, according to the social security agreement, and can be privatized without any problems.
- Military personnel. For representatives of this category, the question of how to privatize an apartment (service) is directly related to the type of military town and its location.
The closed type of settlement does not allow the transfer of real estate for privatization. The tenant leaves such housing in the event of the end of the service or transfer to another facility.
In all other cases, the Ministry of Defense, acting as the owner, is engaged in resolving the issue related to the removal of premises from a special balance and transferring them to the ownership of the military.
- Former family members. Workers or employees who had the right to use the apartment, as well as their direct relatives: husbands / wives, children. In case of divorce, each spouse has the right to dispose of his share of real estate.
If the relationship was officially terminated before the family privatized the housing, the former spouse completely loses the right to apply for the use of the apartment.
What documents are to be collected for privatization
The list of documents for privatizing an apartment consists of two parts: papers for an apartment and documents of participants in the process. This stage must be taken very carefully.
The package of documents for the property
- Social loan agreement.
- The registration certificate for housing.
- Extract from the house book in the form of No. 9.
- Extract from the personal account.
List of documents for residents
- Passport. For persons under 14 years of age - a birth certificate and documents confirming the identity of parents / guardians / trustees.
- Certificate attesting to (non) participation in the process (form No. 2).
- Extract from the house book in form No. 9, in which a separate section prescribes archival information.
- Refusal to participate in the privatization process by one or more family members, certified by a wet seal by a notary.
- Permission from the board of trustees and guardianship authorities regarding the participation of a minor in privatization.
- A notarized power of attorney in case of attaching an existing authorized representative to the participant.
- Judgment, permission of the guardianship authorities regarding the participation of a legally incompetent / restricted person in the privatization of a residential property. In this case, the guardian must provide a document confirming his identity and a decree establishing guardianship.
- Certificate of marriage / divorce.
This is the main list of documents for privatizing an apartment. Sometimes it is supplemented with other papers at the request of municipal authorities.
Although we tried to collect for you answers to all questions of interest that arise in such a situation, but all legal operations related to real estate are always covered by a veil of secrecy, therefore, even carefully preparing for the procedure, something can be overlooked.In this case, the best adviser will be a qualified specialist who can answer the accompanying questions and solve the problems that arise in the process. We hope that at least a little help you figure out how to privatize the apartment (office).