Who does not dream about own housing? Even if this is the one and only room, but its own! Many young families, not to mention bachelors, wander around rented apartments, only dreaming of their own real estate. Changes made to the new Housing Code made it possible to partially solve this problem. Under the new legislation, dormitory privatization is available to citizens. About what documents it is necessary to collect, and in general how the similar procedure goes, and this article will be discussed.
First problems
Naturally, as soon as it comes to privatization, many questions and difficulties immediately arise. And although on paper the order is stated quite clearly and clearly, in practice everything turns out to be not so simple. The first problems may begin as soon as the user of the room has hinted that he wants to take ownership of it. Municipalities, as a rule, refuse to privatize, offering to buy real estate or even move out. It should be said that such actions by the authorities are absolutely illegal and baseless.
Cases when privatization is not possible
The law regulates not only the order, but also cases when the privatization of a dormitory room is not possible. By the way, only in this case, the registration of housing in the property can be refused. So, if the hostel according to the documents has not yet been transferred to the balance of the municipality and is still assigned to a certain organization, then you can forget about re-registering the room legally through privatization until the circumstances change.
Another reason is the lack of a social contract of employment, the execution of which may be specially delayed by the municipality. This also includes the right to free privatization, by using which it will be possible to register a room as ownership only after payment of the assigned amount.
Conditions for privatization
If the hostel is on the balance sheet of the municipality and has become its property from a state organization, and is also used for its intended purpose, that is, for the residence of citizens, and moreover, the building has the status of a residential building, in such cases the privatization of the dormitory room, subject to an unused right, is legal and must be free. Failure to comply with these conditions will entail a refusal, which can be disputed through the court.
It is very important to have a warrant for the room, which is issued upon conclusion of the social contract of employment, without it privatization of the room in the hostel is impossible. If there is no such document, it will be necessary to beat many thresholds in order to achieve it.
Privatization procedure
The authority to carry out privatization is vested in the law with the municipality, where there is a special department that deals with this.
The list of documents to be collected is as follows:
- Passports of citizens indicated in the warrant, as well as those who live in the room.
- A statement by which privatization of the dormitory room will be carried out.
- Documents from the cadastral chamber issued to the room.
- The contract of employment and the warrant to it.
- Certificate stating that persons applying for privatization have not used their right before.
- Extracts from the personal account and the house book.
- Certificate that the housing is not privatized.
- Refusals from those who refuse to participate in the procedure.
Documents relating to technical characteristics are issued by FSUE Rostekhinventarization, but extracts should be taken from a housing maintenance company. Together with the package of papers, it will be necessary to provide a receipt on the payment of state duty for the services of the municipality.
After consideration of the documents, an agreement must be drawn up on the transfer of the room into ownership, according to which a certificate of the right to housing is issued.
Denial of privatization
Quite often, it happens that the municipality refuses the procedure. The main reason is the violated dormitory privatization procedure. What does this mean and how to solve this problem? First of all, you should make sure that the hostel is indeed the property of the state, again check the list of documents, as well as their relevance. If everything is in order, then you can safely go to court for trial.
Privatization through the courts
The municipality quite often denies citizens privatization without reason. The main reason is the incompetence of workers. How, then, is the privatization of the dorm room? Judicial practice is such that during the trial it turns out that both the package of documents and the status of the room allow the procedure to be carried out, and this refusal was illegal and infringed on the civil rights of the applicant. In this case, the court obliges the self-government body to conclude an agreement with the tenant, which will give the latter the right to register the room as a property.
Lawsuit
The judicial procedure consists in filing a statement of claim at the address of the hostel, which describes the whole situation and the unlawful actions of the municipality are justified by the articles of the law, demands are made to oblige the parties to transfer the room or simply transfer the property to ownership through privatization.
It is very important that the claim is drawn up correctly, otherwise, when submitting a second application, you will have to pay the state fee again. Also, special attention should be paid to the package of attached documents, which, in addition to the above list, should also be a denial of privatization. It’s better to hire a competent lawyer to help solve the problem than to do it yourself.
Court privatization
After the case is decided in favor of the plaintiff and the court issues an appropriate decision, it should be taken to the privatization department and write a statement there on which the transfer procedure will begin. In this case, the municipality has no right to refuse, moreover, regardless of whether it is free privatization or repeated. The property right after the conclusion of the contract will need to be drawn up within a month in the Federal Registration Service and receive the relevant documents for housing.
Instead of a conclusion
The municipality has the right to refuse privatization to absolutely anyone, citing various reasons, but it can be quite difficult for a simple layman to understand how legal this is. In the grounds for refusal, anything can be indicated, starting from the missing papers in the package of documents and ending with such a compelling reason as under-formatted documents on transferring the hostel from the organization. But in both cases, the trial will help restore the civil rights of the tenant. The main thing is to correctly formulate the requirements put forward in the statement of claim and find the articles of the law that can be referenced. In this case, the lawyer does not hurt.
Privatization is a rather complicated process, although the rules set fairly simple rules regarding the procedure. But if you fight for your rights, then it is entirely possible to defend them and achieve that the family that lives in the room becomes its full owner.How much does a dorm room cost today, or rather, how many families can afford such an acquisition? Unfortunately, citizens' income is enough only for daily needs, and their own housing is considered a luxury.
