Perhaps, such a person has not yet been born who would not have dreamed of his own housing. However, dreams are dreams, but in reality it turns out that a huge number of not only young people, but also families with children are forced to wander in rented apartments without their own housing. But among them you can meet the lucky ones, to whom the employer provided the so-called official housing. And even if this is not always the area that was dreamed of, and not the area, and there is housing in the immediate vicinity of the enterprise where you are working. However, for lack of a better roof, such a roof over your head will not be superfluous. Of course, every year there is less and less of such a housing fund, because many residential premises that are classified as official are privatized and become private property. It is about the relevance of the process and other nuances that include the privatization of official housing, and will be discussed later.
Who needs service housing?
The list of posts in which official housing is required, and the procedure for using it, were regulated by a regulation of the Council of Ministers of the USSR and is still used today. As a rule, housing and communal services, forestry and fishing facilities, emergency services, customs, police and so on have such housing stock. Is there a chance, having worked a decent number of years at the enterprise and not owning any real estate, to get the opportunity to register the property provided by the company or institution?
Offices and privatization
Probably, not one of those lucky ones who managed to get a small apartment from the company for use has repeatedly thought about its privatization. 
Is privatization of official housing possible at all - what does the law say about this?
It should be said right away: the law says that the privatization of official housing is impossible. This rule was established specifically in order to avoid abuse of the right to privatization by employees, since apartments were not leased for the improvement of the living conditions of the population, but to provide workers for enterprises and institutions.
It turns out some kind of paradox: privatization is prohibited, but office apartments one after another become the property. How is this possible? The answer to this question is quite logical and simple: the privatization of official housing will become possible when it is removed from the official housing, and it will be transferred to the state or, as it is also called, municipal housing fund. Legislation provides for the possibility of such a transition solely at the request of the enterprise in charge of this housing.
How to achieve a change in housing status?
And here the most interesting part begins: the privatization of official housing is impossible without changing its status to state, but often institutions and enterprises are completely not interested in this. What to do in this case? Going to court is the only way. But it should be noted right away that substantiating a claim that an enterprise filed a petition to exclude an apartment from its department to local authorities, and the latter to take an appropriate decision, is not an easy task. And although in judicial practice there are often refusals to issue such a decision, there are still positive outcomes.Most often they relate to the military, who are legally entitled to receive their own housing, including through a change in the status of the apartment.
Arbitrage practice
As a rule, the courts of first instance grant the right to homeowners to make decisions regarding the provision of the opportunity to privatize one or another employee. And those, in turn, of course, do not want to lose real estate, and in the end it turns out that the lawsuit remains unduly unsatisfied. At the same time, if you turn to the Supreme Court and try your luck there, you can achieve what you want. Which greatly increases the chance of a positive result. In one of the comments on a similar case in the Supreme Court of the Russian Federation, the following clarification was given: the privatization of official housing is not possible only if the apartment is registered as such with the state registration authorities for real estate rights, in other cases, residents have the right to change their status and subsequent privatization.
At the same time, the Constitutional Court put an end to this issue, confirming the right of the institution or enterprise to make independent decisions regarding status changes and privatization.
Privatization Cases
Privatization of housing, which belongs to the category of official, is possible in several cases:
- If housing was built or acquired by the enterprise at its own expense, and after it was transferred to the residents.
- If the apartment buildings previously belonged to the state, which voluntarily transferred them to the local government housing fund. In this case, it is quite easy for residents to recognize accommodation as under a social contract of employment.
- If the living quarters “hung” on the balance sheets of former state enterprises, long reorganized into commercial ones.
- As already mentioned, it is possible to privatize the issued official housing by the military, who, by law, have apartments.
List of documents
What documents should be collected for privatization if in any way it was possible to change the status of official housing? First of all, you should request information about the apartment in the Department of Property Relations, attaching the personal account, personal passport, technical passport of the apartment and an extract from the register of municipal property to the application.
Once the permit is in hand, you can collect the following documents for privatization:
- An order or contract of employment.
- Extract from the house book (validity period of the document is 2 weeks).
- A copy of the financial housing bill in which there will be no debt.
- Passports of all persons registered in the apartment and birth certificates of young children.
- Floor plan and the so-called explication of the apartment, certified in BTI.
- A power of attorney for employees of the Privatization Office for conducting state registration of all registered in the apartment, notarized.
Please note that not only the originals will be required, but also copies of all papers.
What refusal of privatization?
All persons registered in the apartment at the time of privatization are necessarily included in the list, however, when submitting a written application to refuse a person who does not want to participate in privatization, this is not included in the documents. What is this fraught with? You need to understand that the registration of privatization is the registration of housing as a property, which means that the refusal of this procedure indicates that the person does not want to receive a part of the registered apartment as a property. And although the procedure is greatly simplified with a minimum number of persons participating in it, a rash decision to refuse will deprive the right to housing. At the same time, however, the right to use the premises is reserved according to the registration.
