The concept and features of official housing provided to military personnel

Any official housing provided to an officer (or warrant officer) is part of the specialized housing stock belonging to the military department. A citizen who has entered into a contract for service has the right to be provided with a separate service apartment, a private house or a room in a dormitory.

The premises allocated for temporary accommodation of military personnel and their families must be suitable for habitation. For example, it is not allowed to accommodate several families of military personnel in one service apartment. Usually, living quarters are provided on the territory of the area in which the officer (or warrant officer) serves, but if it is not possible to provide the serviceman with official housing at the location of the unit, then the commander (chief) must place his subordinate in a nearby populated area.

The officer (or warrant officer) is provided with living quarters within three months from the date of his arrival.

The area of ​​the provided official housing must comply with the security standards established by law. Currently, for one person this value is 18 square meters (for a single serviceman, the standard can be doubled). In cases where it is not possible to fulfill this requirement, a citizen who has arrived for service may be accommodated with his family in a smaller premises suitable for short-term residence or in a maneuverable premises, but only with the consent of the serviceman himself.

Which military personnel are entitled to service housing?

The following categories of military personnel have the right to apply for housing from the service fund of the military department:

1.officers (or warrant officers) who entered into a contract before January 1998;

2. citizens who were appointed to positions after receiving education in military professional educational institutions;

3. officers who entered into their first contract after January 1998;

4. warrant officers, sergeants and sailors who entered into a contract after 1998;

5.military personnel who are participants in the housing mortgage system (but until they purchase or receive an apartment for permanent residence);

6. citizens undergoing military service in closed military camps.

The above list is exhaustive; military personnel who were not included in it (citizens serving on conscription, citizens of foreign countries) are not provided with official housing of the military department.

Features of service housing for military personnel.

The following features of office residential premises can be distinguished:

Service housing cannot be privatized, since it is part of a specialized fund of the military department, which cannot be transferred to private ownership. Privatization can only be carried out if the residential premises are transferred to the municipality;

Service housing cannot be donated, sold or inherited. It is also not subject to exchange, even if the citizens wishing to carry out this transaction live in the same house;

A lease or sublease agreement cannot be concluded in relation to official housing, even if the serviceman is forced to move due to a change in his place of service;

After termination of a contract, a serviceman is obliged to vacate the official residential premises provided to him at his own request;

Participants in the mortgage system who purchased housing during their service period using funds from a targeted loan, but in another city, also have the right to be provided with service apartments (or other residential premises).

Procedure for obtaining official residential premises

To obtain housing from the service fund of the military department at the place of service, an officer (or warrant officer) must submit an application to one of the divisions of the Housing Department of the Ministry of Defense of the Russian Federation (hereinafter referred to as the Department of Defense of the Ministry of Defense of the Russian Federation). Information about the location of this institution should be located on special information stands of the military unit, on which information is usually posted, for example, about the daily routine, regulations of duty hours, etc.

The serviceman attaches the following documents to the above application:

Copies of identity documents of both the officer (or warrant officer) and close relatives living with him;

A certificate confirming that military personnel applying for official housing have concluded a service contract;

A copy of a document containing information about the conclusion (or divorce) of a marriage;

A document containing information about the composition of the military personnel’s family;

A document containing information about the presence or absence of residential premises at the serviceman’s place of military service, occupied by the serviceman and members of his family on the basis of a social tenancy agreement or belonging to him by right of ownership;

A document confirming that the living quarters previously provided to the serviceman (including a room in a dormitory) were vacated by him and his close relatives living with him.

After receiving the specified set of documents, the unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation, within ten days (working days), decides on the possibility of adding the serviceman to the list for providing official living quarters.

Structural unit of the Joint Department of the Ministry of Defense of the Russian Federation within three days from the moment of receiving information about the availability of a free apartment (or other residential premises) that can be provided, notifies the serviceman about this.

If the officer (or warrant officer) agrees with the option proposed to him, then he informs the unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation in writing about his decision within five days (the period begins from the day the notification is delivered to the serviceman against signature).

If a serviceman decides to refuse the residential premises of the service fund offered to him, he is also obliged to notify the unit of the Department of Defense of the Ministry of Defense of the Russian Federation within the specified time frame.

If the serviceman does not report his decision at all, then no later than ten days from the moment he receives a message about the possibility of providing housing, this service housing will be distributed to another serviceman.

The next step in the procedure for obtaining a service apartment for a military personnel is the conclusion of a rental agreement for housing from the service fund of the military department, which lists all the persons who will occupy this premises. The agreement also lists the conditions for using the provided premises, the rights and obligations of the parties, as well as cases of termination of the agreement:

1. Subject to agreement of both parties to the contract.

2. At the request of the military personnel (employer) at any time convenient for him.

3. In court at the request of the military department (lessor) in the event of:

Failure of a military serviceman (tenant) and/or members of his family to comply with the requirements of the residential rental agreement concluded by him;

Systematic (for six months) failure to pay fees for the use of a service apartment and provided utilities;

Destruction (or damage) by a military personnel (tenant) and/or his close relatives of the provided housing;

Systematic violation of the rights of other citizens living in the neighborhood; use by a military personnel (tenant) and/or members of his family of the provided apartment for another purpose, contrary to the agreement.

4. In the event of a change in the owner of this residential premises or its transfer to the operational management of another department.

Since by its nature the lease agreement for a service apartment is fixed-term, it will be valid only during the period of service of the officer (or warrant officer).

In cases where the composition of the employer's family increases, a serviceman has the right to receive official housing of a larger area; for this he applies to the structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation with a corresponding application, a new certificate of family composition and a copy of the child’s birth certificate.

If the composition of a serviceman’s family has changed due to divorce, but the ex-wife refuses to vacate the living space, then it is possible to evict her from the service apartment by court decision.

The procedure for releasing service housing for military personnel.

After the termination of the rental contract for housing of the military department service fund (in connection with the provision of permanent housing to the serviceman, early termination of the contract, etc.), the serviceman and his relatives living with him are obliged to vacate the apartment (or other residential premises) they occupy in three month period.

The document confirming the deregistration of an officer (or warrant officer) is a certificate of occupancy of residential premises, which must be issued by a structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation.

To receive it, a serviceman must prepare the following set of documents:

Copies of documents (passports, birth certificates) with a note indicating their deregistration, identifying all citizens who were registered in the vacated residential premises;

A copy of the personal account; a document confirming the absence of debt for the provided utility services;

Extract from the house register with a note of departure;

A document that serves as the basis for obtaining official housing, for example, a lease agreement or an order in relation to a service apartment (or other residential premises);

An act of transfer of premises, which reflects information about the technical condition of the premises, repairs, the presence (or absence) of a complete set of keys, etc.

These documents are submitted to the unit of the authorized body in the event of a serviceman being transferred to a new duty station.

If an officer (or warrant officer) is provided with residential premises for permanent residence, then in addition to the above list he attaches:

A copy of the notice of housing allocation;

A notarized obligation to rent out office residential premises, containing information about the timing of vacating the housing, the need to pay for utility services provided, etc.

LEGAL BASIS: Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280

Arbitrage practice: Decision No. 2A-208/2016 of November 22, 2016 in case No. 2A-208/2016 Ulan-Ude Garrison Military Court; Decision No. 2A-221/2016 2A-221/2016~M-2779/2016 M-2779/2016 dated October 13, 2016, Ussuri Military Garrison Court.

A number of citizens have the right to receive official housing for use while working in an institution, enterprise, or during their service. The difficulty of registration is that the law does not establish a uniform procedure for obtaining such apartments, and the key decisions are always made by the owner. Today we will consider this issue in more detail, highlighting the general rules and individual features of the structures.

There is no single law on official housing that is suitable for all situations. General provisions are contained in the Housing Code of the Russian Federation. Specification should be sought depending on the field of work. For example, military personnel refer to the Law on the Status of Military Personnel and Order of the Ministry of Defense dated September 30, 2010 No. 1280. If the apartment is in municipal ownership, then you need to look at the corresponding locality.

The Housing Code norms on what service housing is highlight the following features of such living space:

• the living space belongs to the state or municipal fund;
• provided in connection with the performance of official duties for temporary residence.

The premises provided can only be isolated and fully suitable for habitation. Today apartments meet these requirements. Rooms in dormitories are not official and are provided if it is not possible to provide a separate apartment.

The general rules for the provision of official housing are as follows:

• a service apartment is issued to a person who works in an enterprise, institution, holds a government position or performs service;
• you can live in the provided premises for the period predetermined by the employment (service) contract - it is the employment relationship that determines the possibility of using the living space;
• the final decision to provide residential premises or not is made by the owner;
• It is impossible to obtain square meters as property, but there is a procedure for circumventing this rule.

Important! In general, the procedure for providing official housing is the same, with a number of nuances that are determined by the owning department.

Difference from social hiring

Residential premises under an employment contract are significantly different in status from municipal premises, which are rented out under social tenancy agreements. Legally, the first refers to a specialized fund.

The differences are as follows:

• municipal apartments are given to those in need due to poor housing conditions, service apartments are given to employees and employees in connection with an employment contract;
• Normatively, social hiring is regulated by Section III, specialized hiring – by Section IV of the RF Housing Code;
• Housing for social rent can be privatized, but specialized housing cannot be privatized.

It is in connection with the possibility of privatization that the most questions arise. Apartments that are on the balance sheet of the municipality may or may not have official status.

The status of official housing is assigned by a special decision of the municipal authorities. How to find out whether a municipal apartment or a service one is to ask the owner for a decision on assigning such status. If there is no such decision, then the apartment does not have official status, which means it can be privatized.

Who is eligible to receive

The following apply for temporary use of official housing:

• civil servants;
• deputies of any level;
• employees of various institutions with state participation (for example, Russian Railways);
• teachers, doctors, firefighters, police officers;
• persons serving in the Ministry of Internal Affairs;
• military.

The list of those eligible for housing is open. Housing legislation does not contain prohibitions on providing individual citizens with this type of living space, so you need to find out about the possibility of obtaining premises for living in your structure.

The main condition is that the citizen should not have other apartments on the territory of the subject in which he could live during his working life.

Receipt procedure

The general procedure for obtaining official housing can be divided into two stages:

1. Submitting an application for recognition as needing housing. At this stage, the person is recognized as having the right to a special apartment and gets in line.
2. Next, an application is submitted for the provision of living space directly, an agreement is concluded and the family moves into the apartment.

How a service apartment is provided will be discussed in more detail below.

List of documents

To be placed in the queue - documents for obtaining official housing:

• passports of the employer and his family members (for children - birth certificates);
• marriage or divorce certificate;
• certificate of family composition (house register) from the place of permanent residence;
• an employment contract or document confirming election to a position;
• an extract from the Unified State Register of Real Estate on the applicant’s rights to real estate;

Attention! If official housing is provided from the municipal fund, the employer will need a petition to provide an apartment to the employee.

Additional documents for official housing will be needed after registration and for immediate receipt of an apartment. These include:

• document on registration according to the previous application;
• all other documents on the list above.

The application forms provided are examples. The administration of a locality or region, as a rule, develops its own forms.

Procedure

Step-by-step procedure for obtaining office space:

1. We determine the owner of the apartment. At this stage, it is necessary to establish whose decision on moving in is to be received and which department will sign the agreement. There are several options. This is the administration of a locality, the administration of a region, an authorized government body (ministry, department, committee, etc.), and the management of an enterprise. It’s better to start your search with your employer, who will tell you where exactly you need to apply.

1. We collect documents. The list above is an example. An exact list suitable for a specific situation can be obtained from employees of the competent department. You need to make a copy of each document, and take a package with the originals and copies to the appointment.

1. After completing all the certificates, we submit an application to be placed on the waiting list for those in need of housing. The application review period is up to 30 days. As part of the inspection, officials will determine whether there is a real need for the provision of office accommodation. In any case, the applicant is given a written response. The refusal can be appealed to a higher authority or court.

1. Having received a positive decision, we wait in line for an apartment. Next, we submit an application for the provision of an apartment directly. The application is accompanied by the documents from the previous paragraph and a positive decision on placement in the queue. The application is reviewed within 30 days. Based on the application, a decision is issued to provide residential premises and a rental agreement is concluded with the applicant.

1. We conclude a rental agreement and move into the apartment. Previously, orders were issued for moving in, but now they have been replaced by rental agreements. Features and a sample contract are in the next paragraph.

Attention! The rules for the provision of specific housing may change, be shortened or supplemented depending on local regulations. For example, to obtain premises for a position in a commercial company, one application is sufficient - immediately for the allocation of premises.

Conclusion of an agreement

The rental agreement for residential premises is concluded between the owner and the applicant. The contract must indicate the tenant's family members who are granted the right to use the apartment and live in it. An important feature is that the agreement is valid during the term of employment.

The text of the contract specifies the responsibilities of the tenant and his family:

• keep the premises in proper condition and use them strictly for their intended purpose;
• make rent payments, utilities and carry out cosmetic repairs;
• preserve the premises in their original form and prevent reconstruction or redevelopment.

The text regulates in detail the main issues of interaction between the owner and the tenant.

Termination of an agreement

The rental agreement for premises is terminated in the following situations:

• the term of the employment contract or election to a position has expired;
• by agreement of the parties - at any time;
• at the request of the employer - at any time upon written application;
• at the request of the owner - only through the court if the tenant violates the terms of the contract.

In any case, after termination of the contractual relationship, the apartment is transferred back to the owner. If the tenant refuses to voluntarily leave the premises, he can be forcibly evicted through the court and then the FSSP.

Who can't be evicted

You cannot forcibly evict from an apartment:

Military personnel

The status of military personnel is regulated in more detail than in other structures. To obtain an apartment, a serviceman submits a report addressed to the head of the unit where the serviceman arrived for duty. Attached to the report are the standard documents listed above plus documents related to the service.

We published a detailed article about official housing for military personnel with document forms.

Dormitory or rental

If there are no apartments available, with the consent of the serviceman, his family may be provided with a dormitory for living at the rate of at least 6 meters per person.

Military personnel also have the opportunity to take advantage of the sub-hiring option. For renting housing, the employee will receive compensation from the budget according to the report. The size is as follows:

• capital and St. Petersburg - 15,000 rubles;
• cities and regional centers – 3,600 rubles;
• other settlements – 2,700 rubles.

Doctors and teachers

Doctors and teachers are another socially significant category of employees. There is no federal housing distribution program for them, so it is necessary to seek clarification:

• to the regional health department - doctors;
• to the regional Department of Education - to teachers.

As a rule, service housing is provided as part of health and education development programs in the region. The Department for State Property Management can also handle the distribution of premises, but specific conditions are developed by the relevant departments.

Russian Railways

Some Russian Railways employees need to live close to work - and the company provides them with this opportunity.

The procedure for providing office housing:

1. When concluding an employment contract, Russian Railways undertakes to provide an apartment.
2. Based on the contract, the employee is entered into the internal accounting database of those in need of residential space.
3. Next, the available apartments are distributed among the registered employees, and rental agreements are concluded.
4. After termination of the contract, the employee vacates housing within a month.

Special standards have been established for the provision of housing to Railway employees who can.

State and municipal civil servants

Civil servants receive the right to premises from the moment of concluding a contract for service and appointment to a position. Methodological issues regarding the distribution of premises are decided by the relevant department. The lease agreement is signed by the department authorized to dispose of state or municipal property.

Additionally, a civil servant may qualify for a one-time subsidy for the purchase of housing. It is provided for by the Civil Service Law and.

Upon retirement

The Housing Code protects the rights of pensioners who rent housing provided by their service. Even if the tenancy agreement has terminated, it will not be possible to forcibly evict a pensioner.

To evict him, he must be provided with other housing, which must:

• be located on the same territory;
• be well-maintained;
• comply with technical standards.

At the same time, it is legal to ignore the size of the alternative apartment, as noted by the Plenum of the Supreme Court of the Russian Federation in paragraph 42 of Resolution No. 14 of July 2, 2009. A pensioner may be provided with a smaller apartment in exchange.

Privatization of service housing

Privatization is possible only on the basis of a social tenancy agreement. In relation to official housing, another type is concluded - a rental agreement for residential premises, while the agreement itself includes the status of the apartment as official.

The only way to privatize service housing is to transfer it from the status of official housing to the status of social rent housing. This works for situations where housing is on the balance sheet of a municipality, region or federation. Necessary:

1. Obtain permission from the owner.
2. Transfer the apartment to social rent.
3. Conclude a social rental agreement.
4. Then go through.

The procedure for managing an official apartment of the Ministry of Defense of the Russian Federation does not differ from that stated above. The owner will be represented by the Ministry of Defense, and the decision will be signed by the head of the military unit in which the military man serves.

If the apartment is on the balance sheet of a commercial organization, then it is almost impossible to privatize it. A company can dispose of property at its own will, but it is rare that companies rush to transfer square meters to their employees for free. A judicial appeal will also not lead to a solution to the issue, since no law gives the right to employees of a commercial company to privatize official housing.

Read more about how to privatize service housing.

The provision of official housing is a social guarantee that supports employees of various enterprises, civil servants and officials. To obtain living space, you need to prove that the family needs improved living conditions and wait for the owner’s decision.

If you still have questions about the topic of the article, please ask our duty lawyer via the chat window.

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Many government employees and those who work away from home are interested in the issue of official housing. In particular, is it possible to register ownership of it? It depends on many nuances. Today we will tell youHow can a teacher get an apartment from the state for free?or how to privatize residential real estate for workers in other fields.

Spoiler: official housing can be privatized. But to understand how to do this, you need to understand what it is, how you can dispose of such real estate and what you get it for.

About official housing

What it is

Service housing isa private house, apartment, dorm room or other residential premises that are provided for the employee to live during the entire period of his employment. For example, a person gets a job in the civil service and immediately gets an apartment, works for 15 years and lives in it all the time.

Service housing is provided only to those who need it: for example, those who have no residential property at all or work far from home. If you already have an apartment, house or other housing in the city in which you work, you will not receive company housing, regardless of its condition.

In official real estate, together with the employee - the one who has entered into an employment contract with an enterprise or government agency - his family members can live: parents, spouses, children and others. All of them must be specified in the rental agreement.

An employee who has received official housing and his family can register at their place of residence, but only temporarily. The period of temporary registration is usually equal to the period at which the employment contract is concluded: that is, if the employee quits or his contract ends, the registration is canceled. The term of employment also directly depends on the contract or employment agreement: as soon as the employee quits, the employment contract is terminated, and the former employee has to look for other housing.

Who is entitled to office housing?

According to Article 93 of the Housing Code of the Russian Federation , service housing is provided for the residence of citizens in connection with their labor relations with government bodies, municipal or state unitary enterprises, in connection with their service and in a number of other cases.

In simple terms, temporary housing can be obtained by:

🏡 deputies when they arrive in other cities or regions to conduct elections and other events;

🏡 military personnel, but only those who have entered into contracts: those undergoing military service live in barracks;

🏡 law enforcement officers - police officers, detectives, investigators and others;

🏡 civil servants - employees of departments and ministries, judges and others;

🏡 teachers and doctors, especially those who decide to go to the countryside: the state encourages the development of education and medicine in the regions;

🏡firefighters and other emergency workers, especially in cases where they are sent to help other regions.

In this case, the rule described above applies: if a civil servant, doctor, deputy and other categories of citizens entitled to housing already have an apartment, house or dacha in this region, they will not receive anything.

Service housing can also be provided by private entities: large manufacturing and processing companies, trading companies, various organizations providing services, and others. Formally, housing can be either official or company-owned. In the second case, she can do whatever she wants with it, including transferring ownership to employees.

How to get company housing

To obtain service housing for state employeesor other categories of citizens who may qualify for it, you need to collect a package of documents. It includes:

📂 identity card - passport of a citizen of the Russian Federation;

📂 confirmation that you do not have residential real estate in the region - for example, an extract from the Unified State Register of Real Estate;

📂 work book to confirm that you are actually employed in the organization in a certain position;

📂 certificate of marriage or divorce to confirm the absence or presence of a spouse;

📂 certificate of family composition;

📂 a contract or employment contract with a specified period during which the employment relationship will be extended.

The package of documents is submitted either to the employer or to the local municipality. An application or petition for housing is written on the spot. Sometimes additional documents may be needed - check the full list with your employer or administration. For example,procedure for providing official housing to military personneldiffers from the standard: usually military personnel collect a large package of documents and wait several months.

If you plan to get official housing from a private structure, you just need to write an application to the employer. Depending on the situation, he may ask to provide additional documents - for example, an extract from the Unified State Register of Real Estate.

When the application is approved, you will be given an apartment, house or other residential premises. When handing over the keys, you will be asked to sign a property acceptance certificate. Pay special attention to it: indicate in the act all the existing shortcomings. Otherwise, upon eviction, you will be required to remove them at your own expense - the apartment must be returned in the same condition in which it was given to you.

How can you stay alive after being fired?

As we already explained above, after dismissal you need to vacate your home. But the law provides for a number of situations in which you can stay in the apartment. For example, they often leaveservice housing for contract military personnelwith a certain length of service.

By Article 103 of the Housing Code of the Russian Federation, there are certain categories of citizens who cannot be evicted without providing them with alternative housing. These include:

🔸 family members of the Ministry of Internal Affairs, military personnel and other government employees who died or went missing while performing their official duties;

🔸 disabled people of groups 1 and 2 who lost their ability to work due to the fault of the employer, were injured at work, if they acquired occupational diseases;

🔸 pensioners who worked in a government institution before retirement;

🔸 citizens with young children in their arms;

🔸 orphans and children left without parental care;

🔸 family members of the employee who died.

All of the above categories of citizens must receive other housing in return. Moreover, it must necessarily be located within the locality in which the service housing is located, and the conditions of the real estate should preferably be the same or better.

There is another way to stay alive after dismissal. If, during the course of your work, the property was transferred to the ownership of the municipality and lost the status of official housing, you can enter into a social rental agreement with the administration. But to do this, you will have to prove that you need support: apartments under social rental agreements are issued only to certain categories of citizens.

Is it possible to privatize official housing?

The situation is twofold. Service housing usually has an appropriate legal status. Unlike real estate, which is rented out under a social rental agreement, such housing is occupied temporarily. Adirectly prohibits the privatization of official housing, along with emergency real estate, dorm rooms and housing in closed military camps. But the same law contains exceptions: the housing stock of state farms and other agricultural enterprises, as well as the fund of social welfare institutions in rural areas, can be privatized.

On the other hand, regions have the right to independently establish local laws on privatization, including the privatization of official housing. There may be a special permit in your region: check the legislation. If not, it is still possible to register ownership. To do this, you need to change the status of the property, that is, transfer it to the ownership of the municipality. Then it will be possible to draw up a social rental agreement with the administration, and only then privatize the property.

If housing is provided by a private company, it can also transfer it to the municipality for further privatization. And if the company’s real estate does not have the status of official housing, the employer can simply sell it to you or transfer it under a special agreement.

How to register a service apartment as your property in 2018–2019years

It all depends on the status of the housing and who your employer is. You can act in six scenarios:

🚩 ask to transfer the housing status to municipal, draw up a social rental agreement and privatize the property;

🚩 buy real estate from a government agency;

🚩 use the exception for military personnel;

🚩 receive real estate under a contract from a private company;

🚩 buy housing from a private company;

🚩 go to court if the housing is not registered in any way.

First you need to find out the owner and status of the property.How to find out if it's a service apartment or a municipal one? You can directly ask the employer or order an extract from the Unified State Register. This can be done directly in Rosreestr, through the MFC,onlineon the official website of Rosreestr. When submitting an application, do not forget to pay the state fee and indicate the type of information that interests you - the owner and status of the property.

If the property has the status of official housing

For example, this is providedhousing for medical workers, military personnel, and other categories of public sector citizens. In this case, you first need to write an application addressed to the employer with a request to change the status of residential real estate for further registration of property. The employer will consider the application for a month, after which it will refuse or allow the privatization procedure. By the way, sometimes employers themselves offer employees to privatize their company housing - in this case they issue permission.

If the employer approves the application or issues a permit, he contacts Rosreestr and asks to change the status of the property or transfers it to the municipality. If the status changes, but the company remains the owner, it can simply transfer housing to the employee under a special agreement. If housing is transferred to the balance of the municipality, you will need to contact the administration and conclude a social rental agreement with it.

Certain categories of citizens can apply for social rental housing:

🔍 poor people who are officially recognized as such;

🔍 residents of emergency, dilapidated houses;

🔍 people with chronic diseases that are dangerous to others;

🔍 orphans and children left without parental care;

🔍 military personnel, including WWII veterans and those injured due to professional activities;

🔍 people who lost their housing due to natural disasters;

🔍 disabled people of groups I and II.

In some regions, other categories of citizens may apply for social employment - for example, large families.

If you belong to one of the categories, collect supporting documents, a certificate of family composition, your documents and documents of family members and enter into a social rental agreement with the municipality. If not, the municipality can draw up a social rental agreement instead of the old rental agreement with your employer, but the administration does not always cooperate.

There is a nuance. If, during the course of your work, your employer transfers your apartment to the municipality, you can live in it for the entire remaining period of the contract. Or the employer will be obliged to provide you with other company housing.

Most often this is what worksprovision of housing for police officersand other government agencies: first the status of housing is changed, then a social rental agreement is concluded, and only then the apartment is privatized. For the privatization itself, you need to contact the municipality with which the social rent agreement has been concluded and obtain permission. Then, with the contract, permit and passport, contact Rosreestr and register ownership. If you live in an apartment with your family, shared ownership will be registered for each family member.

You can privatize real estate only once. If the procedure has already been performed before, you will be denied.

If you have worked for more than 10 years

There is a loophole in the law that allows privatization of official housing according to the standard procedure. To do this, you must live in it for at least 10 years, work for at least the same period and need residential real estate.

In this case, the state allows the purchase of official housing. The price is set by the municipality or entity that owns the property. Most often the price is lower than the market average, in some cases much. The employer first changes the status of the property and then sells it under a standard purchase and sale agreement. You pay money and register ownership of the property in Rosreestr.

If you are a military personnel

Certain legislative acts provide exceptions for military personnel. If the standard procedure for the privatization of official housing requires that it first be transferred to another status, then military personnel in some cases can do without this procedure.

The municipality allows the privatization of residential real estate without changing its status to military personnel who:

🚨 were transferred to the reserve due to length of service, that is, they are actually pensioners;

🚨 were fired ahead of schedule due to poor health;

🚨 were prematurely transferred to the reserve during organizational and staffing activities.

Family members of a serviceman who died in the line of duty also have this right.

To register ownership of real estate, you need to collect a package of documents - a passport, a dismissal order, an extract from the Unified State Register of Real Estate about the absence of other housing and other papers. The exact list of required documents may vary depending on the region, internal forces unit, and situation - check with management.

If the housing is issued by a private company and does not have official status

Companies often purchase real estate and then provide it for employees to live in, but do not give it the status of official housing. In this case, the owner of the apartment or house is your employer, and there are no restrictions on transferring ownership to the employee, that is, you.

That's how they say it Ownership of official housing after 5 years of work, 10 or 15 years of experience. It is beneficial for employers to have valuable employees work as long as possible, so they are ready to provide the following conditions: transfer ownership of the apartment after a certain period of time.

Most often, a gratuitous transfer of ownership of real estate is drawn up, that is, a gift agreement. It states:

🔹 cadastral number and technical characteristics of the property;

🔹 details, last name, first name and patronymic of the director of the organization - donor;

🔹 last name, first name, patronymic and passport details of the employee, that is, the recipient;

🔹 date and place of conclusion of the donation agreement, essential conditions for entry into force.

The employer can draw up a suspensive or cancelable gift agreement. Suspensive - one that comes into force on a certain date or when certain conditions are met: for example, if the employee has worked for the company for 10 years. Cancellable - one whose action is canceled due to some events: for example, if an employee quits.

After fulfilling the conditions specified in the contract, you will be able to contact Rosreestr, pay the state fee and register ownership. You will need to provide a gift deed as a basis for transferring ownership to you.

Three types of agreement can be used:

📜 Purchase and sale agreement. In this case, you immediately pay the entire amount, contact Rosreestr, pay a fee and receive an extract from the Unified State Register of Real Estate, confirming your ownership of the property.

📜 Purchase and sale agreement with installments. In this case, the employer can withhold part of the salary or you yourself will transfer money to him every month until you pay the entire amount. Ownership can be registered immediately, but until you give all the money, the housing will be under encumbrance, that is, pledged to the employer.

📜 Leasing. In this case, you also pay the cost of the property in equal installments, but at the same time you also pay for rent. Ownership is formalized after payment of the entire amount.

If the company did not register the status of official housing, but it no longer exists

In 2006, a law was passed that obliges companies to register official housing in a certain status. But sometimes real estate does not have this status because the company went bankrupt, was reorganized, or for other reasons. If you live in such an apartment, you can go to court to demand recognition of your right to privatize the property.

Arbitrage practiceshows many examples where such claims were approved. But for privatization, you will need to spend time, pay the state fee to file a claim, and find a good lawyer who will help defend your position.

If you want to get free housing, look forvacancies with the provision of official housingor privatize your existing property according to one of the scenarios presented above. Please keep in mind that different regions may have different privatization standards, document requirements, and conditions for registering property.

Registration of labor relations with an employee obliges some organizations to provide official housing. Typically, residential premises are allocated for the duration of work, and after the employee leaves, the apartments are returned back to the enterprise. Of course, workers may have a question: is it possible to privatize office residential premises and become its full owner? The situation is ambiguous - on the one hand, the law prohibits the privatization of such apartments, but on the other, the procedure is still possible.

Below we will talk about who has the right to privatize official housing in 2020, what grounds are needed and will it be necessary to seek legal protection?

Office and departmental housing

Before understanding the nuances of the procedure, let’s define what is a service residential premises and how does it differ from municipal ones?

According to the definition, official housing is premises provided to employees of organizations on the basis of an agreement (order). At the same time, unlike municipal apartments, you can use housing from a special fund until the expiration of the contract with the enterprise.

After this, the employee and his family are required to vacate the premises they occupy. But not always - there are exceptions to the rules.

Eviction from office premises is not subject to:

• families of a deceased or missing employee of the Ministry of Emergency Situations, the Ministry of Internal Affairs and other law enforcement agencies;
• family of the deceased employee of the enterprise;
• those who retired “due to old age” (not fired);
• disabled people of groups I-II who were injured due to the fault of their direct employer;
• low-income categories of the population (orphans or single mothers).

You can live in official housing, but you cannot privatize it without the consent of the owner. This is an example of the second difference from municipal property, which is owned by local authorities.

Along with official housing, there is such a concept as “departmental housing” - the living space belongs to the state, and the organization is the user (manager).

An institution cannot dispose of departmental apartments at its own discretion, so privatization of departmental housing is also difficult. But do not despair, because further we will talk about options for transferring specialized housing into private hands.

Having studied the statistics, you can see that housing from the special fund of the Russian Federation is privatized extremely rarely. It follows that the procedure is quite labor-intensive and requires compelling reasons. And then, not every institution will want to voluntarily part with objects from its housing stock.

As we have already found out, service housing belongs to enterprises, which means it is used by them for specific needs - providing employees with apartments for the duration of their employment relationship. Immediately after the termination of the employment contract, the property is returned to the company, and the dismissed employee is forced to look for new housing.

However, You can privatize a service apartment– but only a few know about it. The main conditions are to have claims for housing, minimum work experience and live in the living space for a long time. After privatization, a person will be able to dispose of the apartment at his own discretion. But for this it is necessary that the housing move from the status of “official”, for example, to “municipal” (see “ “).

The main option to privatize an apartment is to get it owner's consent, i.e. departments or institutions. This is what we will focus on when analyzing the algorithm of actions.

Grounds

The first thing you should focus on is that only employees of the organization that provided them with the apartment on the basis of a rental agreement have the right to privatize a company apartment. Persons who are not associated with an employment relationship with the company do not have such a right and cannot re-register housing from a special fund.

Scroll reasons for privatization:

• signing a rental agreement for office space;
• permission from the property owner (organization, institution, department);
• work experience in the organization for at least 10 years;
• actual residence in the apartment for 10 years or more;
• non-participation in privatization earlier.

Those who have expressed a desire to privatize an apartment can submit an application to their direct employer. The final decision remains with the owner. The legislator does not oblige institutions to transfer housing from the fund to the ownership of employees. Hence the high percentage of refusals from organizations.

Law

Regulation of issues of privatization of office premises is reflected in the following legislative provisions:

• Federal Law No. 1541-I “On Privatization...” of July 4, 1991– the ban on the privatization of special housing is noted in Article 4 of this law.
• Supreme Court ruling No. 35-В-06-12– establishes the protection of privatization rights in Russia.
• Housing Code– the grounds for using specialized housing are given in Chapter 10 of the Housing Code of the Russian Federation (Articles 99-104).
• Provisions of the Civil Code of the Russian Federation– give an idea of ​​the procedure and features of housing disposal.

The main message of the legislation is a ban on the privatization of service apartments. However, no one forbids transferring special housing to municipal status, and only then initiating privatization. This procedure, with a number of exceptions, is available to everyone - this means that it is possible and necessary to privatize office premises.

Who is eligible

In the section above, we found out that an employee must work in the organization for at least 10 years. Then and only then will he receive the right to privatize housing from a special fund for free. It remains to figure out who has the right to apply for the privatization of departmental housing.

The list of persons is as follows:

• public sector employees (deputies, officials, teachers, doctors, etc.);
• employees of law enforcement agencies (Ministry of Emergency Situations, Ministry of Internal Affairs, FSB);
• others (customs officers, judges);
• agricultural specialists and environmental protection workers (forestry and fishing industries).

Special mention should be made of highly specialized specialists. As a rule, all conditions for productive activity are created for them. For example, the provision of official housing and rapid privatization after 5-10 years. This allows institutions to attract valuable employees for a long period of work in the region.

Office rental agreement

Actual living in specialized housing does not happen on its own - the employer and employee must have an employment relationship (official or contractual). In addition, the parties sign office space rental agreement (order). Acting on the basis of such a document, the employee has the right to move into an apartment and live in it with his family.

The form of the rental agreement is strictly written; Verbal agreements are not permitted. The agreement is classified as urgent. In other words, the order always has a validity period. For example, a specific date or period of a person’s employment in a given organization. After the expiration of the warrant, the employee and his family members are required to leave the apartment, unless otherwise provided by the contract.

Basic contract provisions:

1. Subject (location, area, technical characteristics of the apartment, room).
2. Rights and obligations of the parties (according to the standard).
3. List of tenants (tenant and members of his family, including information about born children or deceased tenants).
4. Other conditions.

Failure to comply with the conditions on the part of the employer entails termination of the contract with appropriate sanctions. The final decision remains with the departmental institution or enterprise.

How to privatize a service apartment

The tenant will have to achieve an important action for himself - transferring the premises to the municipal category. Of course, this cannot be done without the organization’s consent. If there is no agreement, but the tenant has claims to the service residential premises, he can file a claim in court. We will talk about this procedure below, but for now we will consider the algorithm for the privatization of specialized housing.

Procedure

Enterprises and departments have service apartments or residential premises on their balance sheet. As long as housing is in its current status, it cannot be privatized (Article 4 of the Federal Law “On Privatization...”). Therefore, the procedure is built around obtaining permission from the property owner.

Algorithm for privatization of a service apartment(briefly):

1. Obtaining permission from the owner.
2. Transfer of a special apartment to the municipal category.
3. Preparation of technical passport and cadastral documentation.
4. Drawing up a request to the local administration or the State Budgetary Institution “My Documents” (MFC).
5. Contact the territorial office of Rosreestr.

Housing transfer of a service apartment to the municipal category means the transfer of housing to the disposal of the municipality. Next, registration occurs according to the standard procedure. We recommend that you pay attention to - read about how to quickly do this on our portal.

Procedure

Transferring a service apartment into ownership is a fairly energy-intensive undertaking. But if you follow all the steps and obtain permission from the owner, the departmental apartment may well become private property.

Detailed step-by-step instructions for the privatization of office premises:

STEP – 1: Changing the status of living space

The transfer allows you to privatize the apartment in the future. Now this is perhaps the only option to re-register housing in private hands. The transfer of a service apartment to another category is formalized in the form of an agreement between the department (owner) and the local administration (new owner). Ordinary citizens do not participate in the procedure - they can only initiate a transfer by applying to the employer.

STEP – 2: Contacting the administration

As soon as the housing loses its current status and is transferred to the municipality, it will be possible to privatize it according to the usual procedure. The applicant applies to the local administration with a written application according to the sample.

STEP – 3: Review of application

Submitted documents and applications are considered in order of priority. Local administration employees will check whether a person has the right to privatize residential premises. If everything is in order, then the municipality issues an order to privatize the apartment.

STEP – 4: Conclusion of an agreement

Typically, several people live in an apartment - the tenant and his family members. The responsible person will need to obtain the consent of each of them. After this, the residents sign an agreement with the administration, and if one of them does not want to participate in privatization, a notarized refusal must be drawn up. After signing the contract for obtaining an apartment, you can proceed to the next step.

STEP – 5: Registration in Rosreestr

The final and most important stage is confirmation of ownership in the Cadastral Chamber (Rosreestr). Here you also need to fill out an application, submit documents and wait for registration. Starting from 2016, instead of a certificate of ownership, an extract from the Unified State Register of Real Estate is issued. This document serves as confirmation that the apartment belongs to the citizen.

Required documents

The list of documents for the privatization of official housing is not too long - the most important thing is to obtain permission to transfer it into municipal ownership. By the way, we have sorted it out in full - what certificates will need to be collected and how long it will take, read on our website.

Here is an example list of documents(subject to change):

• a written statement to the employer;
• local regulatory act on the transfer of service housing to the municipal category;
• written applications/refusals from privatization of all family members;
• identification documents (passports and birth certificates);
• extended (archival) extract from the house register – determines the number of participants in the procedure;
• certificate of non-participation in privatization to date;
• extract from the Unified State Register of Real Estate on existing real estate properties;
• a copy of the rental agreement;
• a copy of an extract from the personal account(s);
• cadastral documents, explication, technical plan.

Sometimes other documents may be required. For example, permission from guardianship authorities or death certificates. The lawyers of our portal will help you decide on the documents. We recommend taking advantage of a free consultation and only then proceeding with the procedure.

Deadlines

The timing of the privatization of service apartments deserves special attention. A few years ago, everyone was waiting for the next deadline to be extended. Today there is no need for this, since the privatization of housing in Russia has become indefinite. You can submit documents for re-registration of premises at any time.

The procedure will take approximately 4-5 months, if you do not need to go to court:

• about 2 months – consideration of the application by the department;
• from 15 to 30 days – approval of the translation;
• from 18 days – for consideration of the application by the administration;
• from 14 days – registration of property rights in Rosreestr.

Don’t be surprised if the time frame stretches out – there are quite a lot of people who want to own a home. The procedure often takes up to 6 months, which in our reality is not very long.

Price

The legislation defines the privatization of official housing as a free procedure. But for the actions of Rosreestr employees you will have to pay a state duty. Now it is 2,000 rubles per person. Veterans of the Great Patriotic War and low-income categories of the population are exempt from payment. Other costs may be associated with notary services, obtaining BTI certificates and other requests.

Read more about it in our material.

Reasons for going to court

Along with the usual procedure for transferring a service apartment into private ownership, there is also a forced procedure - by going to court. The reason is the reluctance of the owner of the living space to issue permission to transfer housing to the balance of the municipality.

You don’t need to be an expert to understand that it is extremely difficult to win a court case in this case. If you don’t have serious grounds, you don’t even have to try to sue a government agency.

Case study: The Kemerovo District Court considered Savrasov's claim against the law enforcement agency. As it turned out, the plaintiff had served in the police since 2010, but his current period of service was less than 8 years. Then Savrasov submitted an application to the head of the Ministry of Internal Affairs for the city of Kemerovo with a request to privatize the service apartment. The man never received a response from the department. The plaintiff asked the court to provide the opportunity to privatize the living space after the housing was transferred to the balance of the Kemerovo municipality. The claim was considered, but the court rejected the claim. The reason is the lack of consent from the department and the service life is less than 10 years.

Arbitrage practice

The consideration of such cases is based on how strong the plaintiff’s grounds are. The first thing the courts pay attention to is the consent of the apartment owner. Considering that no one has the right to force a government agency to agree, the property owner must voluntarily transfer the housing to the balance of the local authorities.

What contributes to a positive court decision in favor of citizens:

1. The housing is not registered in Rosreestr as official housing.
2. Applicants for an apartment are classified as low-income groups of the population (orphans, disabled people, single mothers, etc.).
3. Execution of the apartment rental agreement.
4. Lack of other living space for people.

The main difficulties are weak legislative regulation and a small number of recommendations from the Supreme Court. This is partly compensated by accumulated judicial practice. But it is also contradictory - there are many more denials of claims than their satisfaction.

Case study: A group II disabled person, who was injured due to gross violations of safety regulations by his employer, contacted the department to privatize his service apartment. The man received housing under a special tenancy agreement and lived there with his daughter and her son. The family did not have a second home, much less the opportunity to rent one - most of the expenses were spent on medicines. However, the department made a negative decision. The disabled person was forced to go to court with a request to grant him the right to privatize a service apartment. Reasons: disability due to the fault of the employer, living in an apartment for over 17 years, timely payment of utility bills, lack of alternative housing, status as “in need.” The demands were satisfied in full - the court ordered the employer to transfer the special apartment to the balance of the municipality and allow the family to complete the privatization. The apartment became the property of a disabled person and his daughter.

Service apartments are apartments owned by institutions or organizations and provided to their employees for the period of labor relations between employer and employee.

According to the Law, living in such living space is temporary. The employee and his family members live in the service apartment for the entire duration of the employment relationship on the basis of a rental agreement.

The rental agreement for such housing is subject to termination at any time at the initiative of the tenant or by agreement of the parties. The enterprise has the right to unilaterally terminate the lease agreement through court or expiration of the employment contract with an employee.

Moreover, the contract can be terminated even if the dismissal occurred before the end of the contract with the company. After an employee terminates his employment relationship with the company, he must vacate the living space without providing other living space.

Exception are:

• military personnel;
• FSB and ATS officers, customs officers;
• old age pensioners;
• employees who lost their health while performing their official duties.

Basic conditions

How to privatize service housing? The Law “On Privatization...” in paragraph 2 of Article 4 contains a clause on the possibility of privatization of office residential premises by decision of the owner.

Since this type of living space owned directly by enterprises who provide apartments to their employees for the duration of their official duties, the decision on the possibility of transferring them to private ownership remains with them.

Such a norm was recognized as not contradicting the Law by the Resolution of the Constitutional Court No. 9 - P of March 30, 2012. The enterprise issues a regulatory legal act, and on its basis housing is transferred to the private ownership of citizens.

Thus, the privatization of official housing becomes possible with the permission of the relevant organization that manages its own housing stock.

In addition, there are a number of residential premises transferred by state or municipal unitary enterprises on the balance sheet of city administrations.

After transfer, they lose their official status and are provided to citizens on a basis. Their privatization is possible without any conditions, since they become...

Currently, many large cities have adopted their own by-laws regulating the procedure for the privatization of official housing.

For example, in Moscow, according to the Government Decree, employees living in them and have worked at the company for 10 years or more.

You can find out how to privatize an apartment, how to restore it, as well as the procedure for living quarters on our website.

Do I need to become an owner?

The size and condition of apartments provided by enterprises, as a rule, leave much to be desired. Since such housing is temporary, residents move into it for a short time and change often.

It is clear that none of the residents invest any significant funds on maintaining a satisfactory condition of the apartment, and the owner company does not pay special attention to such apartments. As a result, the condition of the living space is deteriorating every year.

Of course, if you have lived in this living space for a long time and invested in its renovation, it is worth becoming the legal owner of these square meters.

After all, privatization will give you full right to dispose of the apartment at your own discretion.

Privatizing a service apartment is worth it for those citizens who plan to change their place of work. After all, as soon as you terminate the employment contract with the owner organization, the living space will have to be vacated.

But if the condition of the technical equipment of the living space and its general condition are not in order, you need to think about whether it is worth becoming an owner.

After privatization, it will fall entirely on the shoulders of its owner. All internal work, including replacing the heating system, water supply, and sewerage, will need to be done at your own expense, while hiring workers.

If you're standing on the waiting list for housing from the state, which will clearly be larger in area than a service apartment, you definitely do not need privatization. Since the presence of official living space does not deprive citizens of the right to improve their living conditions.

If citizens living in a service apartment do not have other housing and are in line to improve their living conditions, it is impossible to evict them without providing alternative housing.

Since in Russia there are practically no residential premises that the authorities can provide for relocation from service apartments, it is possible to occupy the premises virtually indefinitely.

You can also find out whether owners of privatized apartments must pay on our website.

How can you privatize a service apartment?

Obtaining enterprise consent

Is it possible to privatize a departmental apartment? The decision to privatize a departmental apartment belongs to the enterprise owner. To receive it, the employer must write. The document is reviewed by the enterprise administration within two months.

After this period, the employee-employer receives an official decision on the issue. The refusal of the enterprise means the end of the privatization procedure.

According to the law, it is impossible to force the owner to transfer residential premises into private hands, and no going to court will help you.

If the administration of the enterprise agrees to transfer ownership of the official residential premises, the privatization procedure begins.

The law imposes an unequivocal ban on the privatization of service apartments in emergency buildings.

In addition, persons who have already participated in privatization will not be able to register ownership of the apartment. The exception is for persons who first participated in privatization under the age of 18.

You can learn how to achieve this from our article.

Registration procedure

How to privatize a service apartment? Before proceeding with the privatization of specialized residential premises previously received from a specific enterprise, it is necessary to find out is it still on the balance sheet of the organization? at present.

The number of departmental housing has now sharply decreased, and perhaps your apartment is no longer the property of a specific enterprise and is no longer transferred to the balance of the municipality.

If a specific enterprise has ceased to exist or has been reorganized, but has not handed over its own housing stock according to the documents to the local government, first of all this issue needs to be resolved.

Is it possible to privatize rental housing? Citizens living and registered in such premises have the right to demand that a social contract be concluded with them. hiring for participation in privatization.

Fundamental in decision making is study of the rental agreement. Moving into a service apartment is carried out according to two types of contracts: social or official rental.

If the apartment is not listed in Rosreestr as departmental office space, a positive outcome of the case is most likely possible. If the premises acquired official status after you moved in, then this status is not valid, and you can challenge it in court.

Registration of ownership of a service apartment consists of the following stages:

The service apartment is transferred to the balance of a specific municipality.

From this moment the living space becomes municipal, and it becomes possible to transfer it into private hands.

The transfer process takes place on the basis of an agreement between the two parties and the drawing up of relevant acts.

After transferring ownership of the apartment to local authorities, the employee or citizen submits application for privatization. The following documents are attached to the application:

• consent to privatization of all registered, from 14 years of age;
• rental agreement;
• documents for the apartment (technical passport, cadastral passport);
• personal documents of residents;
• extract from the Unified State Register;
• (if there is);
• certificate of those registered at this address;
• receipt of payment of state duty.

Within two months, the relevant organization analyzes the documents and makes a decision. Based on the results of consideration of the application, a privatization agreement.

If the decision is negative, the applicants must require a waiver in writing.

In case of refusal due to errors in documents or the absence of any of them, the application can be resubmitted after eliminating the shortcomings.

After execution of the contract, each participant receives in Rosreestr Certificate of ownership.

Reasons for going to court

In what cases is it necessary to privatize departmental housing through the courts?

Transferring ownership of official living space is often impossible due to the disagreement of the enterprise administration. In this case it is worth taking an attempt to transfer housing into ownership through the court.

Numerous advice about filing a lawsuit against an enterprise or administration demanding the transfer of an apartment owned by the organization to a municipal fund has no basis.

Citizens do not have the right to make such demands, so the only option is privatize a service apartment if the owner of the enterprise refuses- appeal to judicial authorities.

Tenants file a claim, in which the enterprise is the defendant. The application must contain a requirement to transfer the departmental apartment to the balance of local government bodies in order to removing his official status.

Justifying such a claim is not an easy task, since an enterprise can dispose of its own real estate at its own discretion, and the court satisfies such claims in exceptional cases.

However, there are circumstances in which a positive court decision is possible. The court will take the applicant's side if:

1. The apartment is not listed in Rosreestr as a service living space.
2. After the reorganization or liquidation of the enterprise, the living space was transferred to the balance of the settlement.

As judicial practice shows, often courts in large cities do not allow the privatization of service apartments, so as not to provoke an increase in the number of precedents.

Remember about the existence of appeals and, if you have grounds for privatization of living space, file a protest with higher judicial authorities. Despite the prohibition in the law, the privatization of official housing is still possible under certain conditions.

To increase the chances of a successful outcome, it is advisable Seek the help of a qualified lawyer.

Is it possible to privatize service housing? Consultation with a lawyer on the topic of privatization of a service apartment in this video: