Russian Federation, namely the Civil Code, the property of a deceased person is inherited by his relatives according to the order of inheritance or by will. It seems that everything is extremely clear and there are no ambiguous moments.

But it is important to understand the following: only the property that was owned by the testator can be inherited. If not, then according to Article 1112 of the Civil Code of the Russian Federation, it is impossible to inherit it. In this regard, quite often a completely logical question arises - what to do if the apartment is not privatized - who is the heir, is there one at all and what to do in such situations. We'll talk about this further.

In fact, an apartment that is not privatized belongs to the state. Thus, a person who lived in non-privatized housing is guided by a social rental agreement - Chapter 8 of the Housing Code of the Russian Federation.

As a rule, such a document is signed bilaterally - on the one hand, the state, on the other hand, the main tenant. Such an agreement is limited in time, in a certain sense of the word - it lasts only until the main tenant dies. With his death, the agreement is no longer valid. At the same time, it is important to understand the following - persons who moved in with the deceased lose for some time the ability to legally dispose of the property. But they have no right to evict them from there.

Based on the above, a completely logical question arises - how to inherit a non-privatized apartment, because in fact, it belongs to the state. There is a small nuance here - according to the will, the main tenant has the right to bequeath the property to another person, if he intends to acquire it for full ownership. It is this amendment that makes it possible to inherit a non-privatized apartment legally.

Features of privatization

The inheritance of a non-privatized apartment is more difficult than a legally registered object. In this case, it is rational to highlight the following nuances:

• Only people can inherit property.
• Housing is inherited only if the testator has submitted an application for privatization and his heirs do not refuse the same procedure.
• Only those relatives who were registered in the living space or who lived together with the main tenant can have the right of inheritance.

In this case, the heir can proceed as follows - draw up a social rental agreement with the municipality or begin the process of privatization of the residential property. If the testator has no relatives and a will has not been drawn up, then the property becomes the property of the state.

Inheritance of privatization rights

So, if the apartment is not privatized, then only close relatives can act as heirs, and at the same time, they must have lived or been registered in the inherited property. Close relatives include:

• Husband wife.
• Grandchildren.

Actually, with the death of the testator, the right of privatization also passes to his heirs, but only if the testator began the privatization process during his lifetime and filed an application.

What should the heirs do?

As mentioned above, in such situations there are two solutions - to draw up a new contract or to begin the privatization procedure. In the first case, the heir needs to contact the housing office, which will then redirect, if necessary, to the municipality.

Please note that in such cases not all real estate objects can be privatized:

• Dorm room.
• If the housing is in disrepair.
• If this is housing that was issued only for the duration of civil service.
• If the object is located on the territory of a military camp, base, and so on.

The privatization process can begin only after housing is leased from the state. Only after such a document is in the hands of the interested person can the corresponding process begin.

The package of documents for privatization includes the following:

• Internal civil passport.
• Cadastral and technical passport for the object.
• If the person is married, then consent to the privatization of the other spouse.
• Housing appraisal – a certificate of its value.
• Death certificate of the testator.
• Payment document confirming payment of state duty.

The package of documents along with the application must be submitted to the registration department.

Review of documents

The registration department will review the application, after which the documents will be checked by law enforcement agencies. If there are no problems and everything is in order with the documents, the heir will be invited to the department to complete the procedure - issuing documents stating that the apartment has been privatized. From this moment on, the heir will be the full owner of the property.

In the event that privatization is refused, but the heir does not agree with such a decision, he has the right to go to court to resolve the issue. As judicial practice shows, such issues are quite often resolved in favor of the heir.

Inheritance of a municipal apartment

As you know, inheritance in our country is regulated by current codes and laws. According to the norms of the legislative framework, it is determined that the inheritance includes property that belonged to the testator at the time the inheritance came into force.

The composition of the estate includes rights and obligations that are directly related to the testator. Inheritance does not include immaterial rights and other benefits of intangible properties.

The property to be inherited must be in the possession of the testator. But a municipal apartment is not personal property, it is part of the municipality. The testator has the right to own and use real estate, but he cannot dispose of it, since he only performs the functions of an employer. If the testator dies, the property is disposed of by drawing up a will. In this case, acceptance of the inheritance occurs on the basis of a will. The testator can indicate in his document a resolution on any type of property that he is able to buy in the future, then he would have the opportunity to privatize the property.

It is worth remembering that it is almost impossible to inherit a non-privatized home, since this is contrary to the law. But after the tenant dies, all members of his family who have reached the age of majority have the right to re-register the property in their name.

According to Russian law, an inheritance can be received in this way: if the tenant was able to privatize the property before his death, then the receivers can appear in court with a statement of claim to accept ownership by inheritance. This conclusion occurs in the practical works of the Supreme Court of the Russian Federation.

Methods for registering municipal housing as an inheritance

It would seem that this type of housing cannot be inherited. If a single tenant of a municipal apartment dies, then residents usually begin to move into his territory. Receivers who are not registered in the home do not have the right to make claims on it. If they have registration at this address, then it is worth drawing up an application and submitting it to specialists from local authorities in order to re-register the conditions of social employment.

It is also worth drawing up a suitable document, to which you need to attach an extract from the house register, as well as a paper confirming the death of the tenant. The most effective way to inherit municipal real estate is privatization. If it passes into the testator's own possession, then over time it will belong to the heirs.

But it may also happen that the testator did not have time to declare privatization and died without bringing the matter to its logical conclusion. Although this housing can also be considered an inheritance. It may be recognized as personal property in court. A small difficulty arises here: new tenants may move into the home before the proceedings are won in court. Then it’s not at all easy to evict residents. The court may even refuse to consider the claim. You can apply there only six months from the moment the inheritance can come into force.

If you do not comply with the entry into inheritance, then the application may be rejected.

What to do in this case? First of all, you should:

• Go to a notary to open an inheritance case;
• After this, you should go to the appropriate department and fill out an application for a claim to real estate by inheritance;
• At the next stage, a statement of claim is filed with the court and a request to suspend the proceedings before the expiration of the required period;
• Request to seize the apartment. Such actions are necessary so that it cannot be transferred to specialists for business management and the housing does not pass on to other residents.

Privatization began almost 25 years ago. New laws in this area have not yet been adopted. However, some citizens have not yet taken advantage of the opportunity. Due to this, many people do not know who will get a municipal apartment after the death of the tenant. It must be taken into account that inheritance of non-privatized premises is not carried out.

However, this does not mean that the housing will be transferred to the municipality after the death of the tenant. Relatives of a citizen also have the right to apply for premises. However, the inheritance procedure will differ significantly from the standard one. If the former tenant dies, the citizen will have to renew the social tenancy agreement. To do this, you need to prepare a package of documents and contact the authorized body. We will talk further about who will get the non-privatized apartment after the death of its tenant, the process of re-registration of the social tenancy agreement, as well as the list of documents that will need to be provided.

Citizens living in state apartments have fairly broad powers. They can exchange real estate with other tenants, receive major repair services free of charge, and also provide accommodation for other citizens within the framework of current legislation. However, a person must pay for utilities themselves.

The employer has not only rights, but also responsibilities, the list of which includes:

• use of a municipal apartment for its intended purpose, as established by the owner of the property;
• depositing funds to pay for utilities on time and in full;
• carrying out repair work in the apartment and carrying out careful operation of the municipal property.

Family members of the tenant included in the contract have the same rights and obligations as the tenant himself.

The list of family members of the employer under a social tenancy agreement includes:

• spouse;
• children;
• parents;
• other relatives or dependents indicated as family members.

New family members can also be registered in the apartment. To do this, you will need to obtain the consent of all relatives who already live with the employer. In order for a new family member to be registered in municipal housing, the landlord's permission is also required. A refusal in this situation can be obtained if the standard of living space provided for 1 tenant is violated. Permission does not need to be obtained only in a situation where they plan to register a child whose parents are already registered in the apartment.

Who will get the rights to the non-privatized premises?

When trying to find out, if the apartment is not privatized, who will get it after the death of the owner, you need to take into account that the premises are in use by a citizen. This significantly limits his rights to dispose of real estate.

The tenant and his family members will not be able to perform the following actions with municipal housing:

• sell an apartment;
• donate premises;
• bequeath an apartment.

The fact is that, even if the tenant used the apartment, the municipality continues to be its owner. After the death of the lessor, the status of the premises does not change. It still continues to belong to the municipality.

In accordance with Article 82 of the Housing Code of the Russian Federation, any family member of a deceased tenant of an apartment has the right to re-register the contract in his name. In this case, the applicant must be fully capable.

If members of his family did not live in the apartment with the remaining citizen, the property under the agreement will be transferred to any other persons who have the right to the premises.

Features of drawing up a social contract. hiring

The form of the social rental agreement is established by current legislation. The document contains information about the premises provided, as well as about the persons living in the premises. Additionally, the rights and obligations of citizens renting real estate are outlined. The provisions of the agreement can be changed. Adjustments must be made in accordance with the norms of the Housing Code of the Russian Federation.

So, if tenants live in a communal apartment, they have the right to draw up a common document for the occupied premises, but only if they have become members of the same family.

If all residents of the apartment agree, and the representative of the authorized body has authorized the action, the premises can be re-registered to one of the capable residents. A similar rule applies in the event of the death of the tenant of the apartment. The current legislation identifies situations in the event of which a social rental agreement for an apartment can be terminated.

The list includes the following cases:

• the employer and the municipality agree to carry out the action;
• the employer grossly violated the rules established by the contract;
• the use of an apartment under a social tenancy agreement is impossible due to the demolition of the property, reconstruction of the house or seizure of the land plot.

Termination of the contract at the initiative of the body that provided the premises to the tenant can only be done in court.

The procedure for re-registration of an apartment to a new tenant

A non-privatized apartment must be re-registered after the death of the owner. The action is carried out by an authorized body at the regional level. In a number of situations, it will be possible to complete the procedure through the MFC.

Before contacting an organization, you must perform a number of actions, the list of which includes:

• decide on the person to whom the contract will be renewed;
• prepare the necessary documents;
• deregister the deceased tenant of the apartment.

Then a social rent agreement will be concluded with the new employer. The paper will need to be submitted to the management organization in order to make changes to the personal account. If relatives cannot independently decide who will become the new employer, they will have to go to court.

Necessary documents for re-registration of a social contract. rental housing

To draw up a new social rental agreement, the new tenant will have to prepare a package of documents. First of all, you will need to write an application for concluding a new agreement.

The application must be completed in accordance with the established requirements. The document form can be obtained by contacting the authorized body. The application must contain information about the residents and premises, as well as indicate the basis for re-issuing the social contract. hiring The new tenant and all residents must jointly contact the authorized body. If one of them for some reason cannot carry out the action, it is necessary to provide consent certified by a notary. The document will confirm that the person agrees with all the provisions of the social tenancy agreement. However, the list of required papers does not end with the application.

In addition to it, you will need to provide documentation, which includes:

• passport of the employer and other participants in the transaction;
• old social rental agreement;
• a certificate confirming the death of the previous employer;
• an extract from the house register and personal account of the housing.

It must be remembered that after the social rental agreement has been drawn up, the housing can be privatized. All persons who live in the property and have not previously performed such an action have the right to take part in the procedure. Only after the registration procedure is completed will citizens be able to fully dispose of their housing. It will be possible to transfer the premises by inheritance if it has been registered as ownership.

If the apartment is not privatized: who has the right to inheritance?

After all, not everyone can claim to inherit a non-privatized apartment, because... its owner is the state or municipality.

The resident essentially acts as an employer, This is evidenced by the social rental agreement concluded with the housing stock.

The legislation considers two ways of inheriting a municipal apartment:

1. In law. If the owner has already submitted an application for the transfer of housing into private ownership and died within two months from that moment, without waiting for a decision, relatives living with him and appearing in the social tenancy agreement have the right to inherit the right to own the living space by re-registering the social tenancy agreement, and then complete the privatization procedure.

   Any adult relative can act as a new employer. An important condition for inheriting a non-privatized apartment by law is the absence of withdrawal of the application for privatization on behalf of the deceased.

2. According to the will. When making a will, a citizen can mention an apartment among other real estate or as an independent object, and along with it the right to privatize housing will pass to the new owner.

   However, at the same time Infringement of the rights of direct heirs is prohibited, registered in the apartment. Even if they are not mentioned in the will, the law provides them with a guaranteed half of their share.

Attention! In this case, relatives are understood as direct heirs: first-priority spouses, children and parents, and in their absence, heirs of subsequent orders.

Moreover, natural and adopted children, as well as an unborn child, have the same rights.

The law allows potential heirs to continue the privatization procedure begun by the deceased even if they do not have registration in the specified apartment. However, in practice, such issues are usually resolved in court due to the disagreement of municipal authorities.

What to do after the death of a citizen?

First of all, for everyone who wants to inherit a non-privatized apartment, it is worth agreeing among ourselves on the candidacy of a successor, who will enter into the rental agreement.

The next stage should be privatization itself, which the new employer can carry out in accordance with the Law “On the Privatization of Housing Stock” dated April 4, 1991.

Who can't get housing?

As mentioned above, persons who are not direct heirs, as well as those who did not legally reside in this apartment, cannot apply for an apartment.

Besides, Art. 1117 of the Civil Code of the Russian Federation introduces the concept of unworthy heirs, and denies them the right to inheritance. These include:

• parents deprived of parental rights;
• citizens who have committed or attempted to commit a deliberate crime against the testator or members of his family;
• persons who deliberately violate the will of the deceased as expressed in the will.

Step-by-step instructions: how to enter into an inheritance if the apartment is not privatized

Attention! There are residential real estate properties that cannot be transferred into private ownership.

These include housing located on the territory of closed military camps; emergency housing; dorm rooms; living space in service organizations.

As for expenses, citizens living in an apartment legally are exempt from paying state duty when entering into an inheritance.

Inheritance of a municipal apartment in the absence of registration

The situation becomes significantly more complicated if the person living with the deceased was not officially registered in the apartment.

In this case, the return of the property to the owner - the state or municipality - is almost inevitable.

Especially if there is no intention of the deceased to privatize housing, expressed by him during his lifetime within the time limits specified by law and recorded in the registration department.

It may be necessary to provide evidence of actual residence in the specified apartment, a certificate confirming the relationship with the deceased, and other documents at the request of the authorized organization.

Such precedents are quite rare. Therefore, it makes sense to ensure that the data of potential heirs is reflected in the social tenancy agreement in advance.

Conclusion

The loss of a loved one is a huge grief and a powerful stress factor. In such a situation, few people retain the presence of mind and the ability to productively engage in routine activities.

However, there are problems that can have far-reaching negative consequences if they are not addressed in a timely manner. One of these problems that requires a quick response and a sufficient level of legal literacy is the inheritance of a municipal apartment.

It happens that a citizen (himself or with his family) lives in a non-privatized apartment and dies without having time to privatize the premises.

Any real estate - apartment, garage, land - becomes private property only after state registration of ownership and receipt of appropriate supporting documents. Only in this case can the owner dispose of the property, including transfer it by inheritance (by law or by will). If the privatization procedure was not carried out during life, the heirs may face a number of difficulties in connection with the further ownership and disposal of housing.

The housing and civil legislation of the Russian Federation stipulates the rules for living in non-privatized residential premises and the procedure for transferring rights to it after the death of the tenant to relatives. This article will help you understand the legal intricacies of this complex and controversial issue.

Is it possible to bequeath and transfer a non-privatized apartment?

According to Article 1112 of the Civil Code of the Russian Federation, the inheritance includes property that belonged to the citizen by right of ownership at the time of death. It is logical that property that did not belong to a citizen cannot in any way be included in the inheritance mass. That is why a non-privatized apartment cannot be bequeathed or inherited by law - it is owned by the municipality or the state with which the deceased citizen entered into a rental agreement for residential premises. Relatives and dependents of the deceased cannot apply for state or municipal housing.

Real estate only becomes the property of the citizen living in it when he goes through the privatization procedure (transferring municipal or state real estate into private ownership) and registers ownership with the Rosreestr authorities.

What to do if a citizen-tenant died before he could privatize the housing? To regulate such fairly common cases, additional legislative norms are applied that allow relatives to retain the right to use residential premises and even acquire ownership of it. Let's look at them below.

Who is the heir if the apartment is not privatized?

So, if the testator died without privatizing a municipal or state apartment, none of the heirs can lay claim to this property - neither by law nor by will.

What can the tenant's heirs count on? There are two legal ways to resolve a real estate issue:

• If relatives lived with the deceased in a non-privatized apartment, they can renew the social tenancy agreement in their own name and subsequently privatize the apartment. Thus, relatives can become the owner of an apartment not on the basis of inheritance, but on the basis of concluding a social tenancy and privatization agreement. Other heirs who did not live with the deceased do not have such a right and cannot claim residential premises.
• If the procedure for privatizing an apartment was started during his lifetime, but was not completed by the tenant, the heirs can complete the privatization procedure that was started and receive the apartment by inheritance. However, in this case, there is a high probability of a dispute arising between the heirs and the owner of the property (state or municipality), which will have to be resolved in court.

The circle of persons who can become heirs of the apartment if the court rules in their favor is determined on a general basis. Thus, if the tenant during his lifetime drew up a will, which determined the circle of heirs, the persons mentioned in the will, as well as dependents entitled to an obligatory share (minor children, disabled children, parents, spouse) can file a claim with the court. If the will was not drawn up or was declared invalid, the circle of applicants for the inheritance is determined according to the law - in order of priority.

The order and procedure for receiving a non-privatized apartment as an inheritance

After the death of a person living in a non-privatized apartment, his relatives have two options for acquiring ownership of the residential premises.

The order of actions of relatives depends on whether they lived together with the tenant, whether they were indicated in the social tenancy agreement as family members, and also on whether the privatization procedure was at least started during their lifetime.

Completion of privatization started by the testator during his lifetime

So, according to established legal practice, a sufficient basis for inheriting a non-privatized apartment can be the intention to privatize, which the tenant expressed before death. According to the law, intention is…

• Submission by the tenant of the residential premises of an application for privatization, which is subject to consideration and satisfaction within two months (Article 8 of the Federal Law “On Privatization”) by the authorized body;
• Providing the authorized bodies with a package of documents necessary for privatization of an apartment and registration of ownership;
• Absence of fact of withdrawal of the application for privatization and registration.

Even if after this death occurs, according to Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 (“On some issues of the application by courts of the law “On the privatization of housing stock in the Russian Federation”) of August 24, 1993, the heirs have the right to petition for the inclusion of a non-privatized apartment in the inheritance estate and inheritance on a general basis. When considering the case, it must be taken into account that the employer submitted (and did not withdraw) the application and all the documents necessary for privatization, but did not have time to complete the procedure before death.

As mentioned above, in such cases there is a high probability of a dispute arising with the state or municipal body that owns the apartment - it will have to be resolved through the court.

Conclusion of a social tenancy agreement by relatives of the deceased

Even if the tenant of the apartment did not apply for privatization during his lifetime, relatives still have the opportunity to continue living in the apartment and even purchase it as property. The basis for this is the provisions of housing and civil legislation.

According to paragraph 2 of Art. 69 of the Housing Code of the Russian Federation, the tenant of an apartment and his family members have equal rights and obligations in relation to the owner of the residential premises (state or municipality). If family members lived in the apartment together with the tenant, then on the basis of Art. 672 of the Civil Code of the Russian Federation, they have the right to live in residential premises even after his death.

Thus, guided by the norms of civil and housing legislation, it can be argued that family members of a deceased tenant have the right to use and own housing, and this right is indefinite for them. Moreover, this right is retained even for those who have ceased to be a family member, but continue to live in the apartment (for example, if the husband and wife divorced, but the ex-wife did not change her place of residence and lived with her ex-husband in the same apartment until his death).

Important point! The right to live in an apartment arises only for persons who are members of the family of the deceased, specified in the social tenancy agreement. The right to live in an apartment does not arise on the basis of being a relative (including first-degree heirs).

For example, if a grandmother and granddaughter lived in a non-privatized residential building, then after the death of the grandmother the granddaughter retains the right of residence. But her mother, the daughter of her grandmother, who, although she is a relative and heir of the 1st stage, does not receive the same right, just as she cannot become an heir to non-privatized housing.

What should family members do after the death of the employer?

The algorithm of actions is determined by Article 82 of the Housing Code of the Russian Federation: it is necessary to make changes to the rental agreement for residential premises, according to which one of the family members of the deceased (with the consent of the remaining family members) will acquire the status of a tenant. This will preserve the family’s right to live in residential premises, the right to dispose of it, as well as other rights provided by law. For example, subject to general consent, family members can accommodate other persons in residential premises in accordance with Article 69 of the Housing Code of the Russian Federation.

In addition, according to Federal Law No. 1541-1 “On the privatization of housing stock in the Russian Federation” dated July 4, 1991, they can submit an application for the privatization of an apartment and, after the expiration of the appropriate period, register the non-privatized apartment as private property. According to Articles 1 and 2 of the law, privatization is the free transfer of an apartment from the housing stock of the state or municipality into the private property of a citizen who uses it on the basis of a social tenancy agreement.