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Service residential premises as objects of privatization. Specialized housing

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 2019, 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.

Is it possible to privatize a service apartment?

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 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.

Reasons

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, an 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:

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

Obtaining permission from the owner.
Transfer of a special apartment to the municipal category.
Preparation of technical passport and cadastral documentation.
Drawing up a request to the local administration or the State Budgetary Institution “My Documents” (MFC).
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 transfer housing into 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: Application review

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.

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 winning a lawsuit in this case is extremely difficult. 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:

The housing is not registered in Rosreestr as official housing.
Applicants for an apartment are classified as low-income people (orphans, disabled people, single mothers, etc.).
Execution of the apartment rental agreement.
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.

A popular question in 2019 among citizens of our country is whether it can be implemented privatization of service housing and, if so, under what conditions?

A clear answer is given in the current legislative acts, although there are some nuances that require special attention.

What is service housing - basic provisions

Based on clause 1, part 1, art. 92 of the Housing Code of the Russian Federation, departmental premises belong to the housing stock for specialized use - like apartments in dormitories, rooms in social service organizations, residential premises for temporary accommodation of refugees, etc.

Service apartments are intended for residence of individuals due to the nature of their work activities - for example, when performing civil service in a certain area (Article 93 of the Housing Code). Only citizens who do not have other apartments in a given locality can receive such living space from an employer (Part 2 of Article 99 of the Housing Code).

Service apartments acquire the appropriate status only after they are classified as a specialized housing stock. For the order of attribution, see the following legislative acts:

Government Decree No. 42 of January 26, 2006 “On approval...”;
Order of the Ministry of Finance No. 156n dated December 19, 2014 “On approval...”;
Order of Rostechnadzor No. 200 dated May 8, 2018 “On approval...”;
Order of the Federal Accreditation Agency No. 6 of January 15, 2018 “On approval...”, etc.

Legislative restrictions on transactions with official housing

In Part 3 of Art. 92 of the Housing Code expressly states that service apartments cannot:

rent out;
lease;
alienate in any way - that is, sell, exchange, give, etc.

Unfortunately, there is also a legislative ban on the privatization of this type of real estate - in Art. 4 of Russian Law No. 1541-1 of July 4, 1991 “On Privatization...” (hereinafter referred to as the Law) directly states that it is impossible to privatize office premises. An exception is if such an apartment is owned by:

state farm;
another enterprise operating in the agricultural sector;
other institutions equivalent to agricultural ones.

Exception to General Rule #1

However, in ab. 2 tbsp. 4 of the Law states that exceptional privatization of official living space is still possible.

To do this, the owner of the premises or the person to whom it is transferred to the owner. maintenance or operational management, it is necessary to adopt the appropriate regulatory act, which states, under what conditions, the transfer of departmental housing can still be carried out.

However, following the above norm, the owner of departmental premises must proceed from the principles of reasonableness and fairness - in other words, not “give out apartments to everyone.”

For example, a local act of the department may stipulate that privatization is carried out if there is a certain number of family members of the employer or only for certain socially vulnerable categories.

Exception to General Rule #2

Privatization also becomes available if the official living space has lost its corresponding status.

This is possible if a state or municipal enterprise is owned or owned. under whose jurisdiction or operational management the relevant property was located, voluntarily transferred the apartment to the ownership of the municipality in connection with:

liquidation;
reorganization;
inability to bear expenses for the maintenance of the relevant real estate, etc.

In the above case, the rental agreement for housing from a specialized housing stock is subject to termination (Part 2 of Article 102 of the Housing Code), since the owner has changed. Next, a new agreement is concluded with the citizen and his family members - but with the municipality. The procedure for concluding such an agreement in 2019 has not changed compared to last year and is regulated by Chapter 8 of the Housing Code of the Russian Federation.

Review of judicial practice on the above issues

Judicial practice is developing in such a way that the majority of citizens' complaints about refusals of privatization by the appellate and cassation courts are nevertheless satisfied.

Case study No. 1. Determination of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation No. 5-KG13-18 dated May 14, 2013.

The essence of the case is as follows - the plaintiff applied to the Judicial Collegium with a claim for recognition of ownership of a three-room apartment, which had previously been provided to him on the basis of a warrant from the Ministry of Defense of the Russian Federation.

The reason for filing the claim is the refusal of the Moscow Housing Policy Department to privatize.

The panel of judges satisfied the claims in full, justifying this by the fact that:

by virtue of Moscow Government Decree No. 536-PP dated July 19, 2005, the house in which the departmental apartment occupied by the plaintiff is located was transferred from the Ministry of Defense to the ownership of the city of Moscow;
the above fact of a change in the owner of the apartment entails a change in the status of housing from departmental to municipal;
Accordingly, privatization must be carried out in accordance with the general rules presented in Art. 2 Laws.

Case from practice No. 2. Decision of the Oktyabrsky District Court of Omsk dated December 3, 2007.

The essence of the case is that the plaintiff appealed to the territorial district court with a demand to force the local administration to conclude a transfer agreement for the purpose of privatization.

After the plaintiff’s dismissal at his own request in 1997, the employer did not submit a demand for eviction in connection with the termination of the employment contract (Part 3 of Article 104, Part 1 of Article 103 of the RF Housing Code).

In 2001, the disputed living space was transferred to the ownership of the municipal authorities, which means it lost its official status.

The plaintiff's order for the apartment contains a note stating that the apartment is departmental. Despite this, the Omsk administration did not provide a document that would indicate that the disputed apartment was classified as a specialized housing stock.

Taking into account the above, the court decided to satisfy the claims in full, considering the order to be insufficient evidence of classifying the disputed housing as departmental. As a result, the plaintiff and the other 3 members of his family each received 1/4 of the disputed housing.

Case from practice No. 3. Appeal ruling of the Rostov Regional Court in case No. 33-6459/2013 dated May 27, 2013.

The essence of the case is that a higher educational institution filed a claim against a former employee for eviction from a dormitory owned by this university with the right of operational management.

In support of the claim, it was stated that the defendant was no longer in an employment relationship with the university, therefore there were no rights to live in the dormitory.

The appellate court upheld the decision of the first instance court without changes, justifying this by the fact that the defendant is an old-age pensioner, is registered as in need of housing and does not own other apartments, and therefore, in accordance with paragraph 2 of Part. 2 tbsp. 103 of the Housing Code, cannot be evicted from departmental housing without the provision of another living space within the same locality.

Specialized housing- these are residential premises, the mode of provision and use of which differs from ordinary housing provided under a social tenancy agreement. Specialized housing includes service housing, dormitories, flexible housing stock (provided for the duration, for example, of the residence of citizens whose house is undergoing major repairs), temporary housing stock (for refugees, internally displaced persons), housing stock of the social service system (nursing homes, hospices ).

The most common types of specialized housing are dormitories and service housing. Millions of citizens live in such premises, so the issues of using such premises are pressing for many.

The Housing Code of the Russian Federation, which came into force on March 1, 2005, as well as a number of by-laws adopted in accordance with it, have significantly changed the legal regime of hostels and service apartments.

A dormitory is a specialized residential space provided for temporary residence during work, service, and study according to the accounting norm of 6 square meters of living space per person. Upon completion of work, service, or study, citizens must vacate their living quarters.

Service housing is provided to citizens in connection with the nature of their work in the form of separate apartments. Termination of the employment relationship with the owner of the residential premises is the basis for termination of the rental agreement and entails the obligation of residents to vacate the official housing.

The previous Housing Code of the RSFSR provided for a whole list of exceptions to this rule; thus, citizens whose service or work at the enterprise was at least 10 years, as well as single members of the employer’s family with minor children could not be evicted from specialized residential premises. The new Housing Code no longer contains such exceptions. The legislator thus protects the economic interests of the owners of residential premises, many of which have passed into private hands.

However, Federal Law No. 184-FZ “On the entry into force of the Housing Code of the Russian Federation” establishes that citizens who were not subject to eviction according to the previously effective legislation (LC) cannot be evicted from specialized residential premises occupied before March 1, 2005 RSFSR) - if they are or have the right to be on the housing register.

The issue is resolved by legislation in different ways.

Regarding living quarters in dormitories, the following must be kept in mind. If the hostel was such before March 1, 2005, then by law the norms of the Housing Code of the Russian Federation on social tenancy agreements are applied to such premises. That is, the use of such premises is carried out on a general basis and their privatization is possible and legal.

If the residential premises are assigned to the specialized housing stock of dormitories after March 1, 2005, then their use occurs on the basis of a rental agreement for specialized residential premises and its privatization is possible only by agreement with the owner.

According to the law, service residential premises are not subject to privatization (without the consent of the owner). However, after March 1, 2005, many office premises changed their status. In order to be considered official, residential premises must be included in a special register. Work to include such premises in the register throughout the country has not yet been completed, and the status of many former office premises is currently unclear. Very often, such premises are transferred to the city’s balance sheet, which automatically turns them into social fund housing, that is, housing subject to privatization. Therefore, if you live in an apartment that was once provided as a service apartment, it would be useful to find out its current status.

If you live in specialized residential premises, the lawyers of Kobzev and Partners can provide you with the following services:

Consultations on housing issues;

Representation of your interests in court on issues of eviction and moving into office residential premises, etc.

Legislation and relevance of the issue of privatization of official housing

The property is transferred to a specialized housing stock based on an application to the City Administration, which must be submitted by the body or organization where the employee works. Based on the Law, housing located on the first floors is allocated for departmental apartments. The city council considers the application and makes a decision to include the apartment in the departmental real estate, which is then provided to the employee for use.

Today, as many years ago, the number of service apartments is significant. This question does not lose its relevance in our time, since there are many professions, and therefore workers, who must live at the place of their activity or not far from this place. These include:

housing and communal services workers;
customs officials, tax inspectorate;
rescuers;
fisheries workers;
military officers;
wipers and so on.

Privatization of housing is formalized in accordance with the Law “On Privatization” No. 1541-1 dated July 4, 1991.

The decree of the President of our country states that a citizen can privatize official housing only once. In addition, you can privatize a service apartment if the owner of the housing stock (a government agency or organization) takes this step. After all, many people have worked all their lives in one or another organization or government agency and they have no other housing to live there after retirement. In this way, social support for these citizens is provided.

Conditions and documents for registration of housing

The law on the privatization of housing in the Russian Federation allows subjects to independently establish conditions and rules for the privatization of departmental apartments in each specific region. This means that organizations or government agencies can make decisions about privatization on their own initiative.

Who can privatize

Carrying out privatization of an apartment is the right of the organization, but not an obligation. Therefore, the employee must only submit an application and hope for a positive decision. A person must work at the enterprise for at least 10 years in order to be able to apply for privatization.

The list of persons who can receive and formalize the privatization of an apartment includes:

deputies;
officials;
military personnel;
employees of the Ministry of Emergency Situations and police;
customs officials, Federal Tax Service, judges, forestry and fisheries workers;
teachers and doctors.

Thus, valuable personnel are attracted to work. Thanks to this special program, now every employee who has worked for many years in a government agency can obtain housing ownership.

The company has the right to consider the application within 2 months and when a positive response is given, an agreement is concluded between the employee and the company on the transfer of ownership of the apartment.

List of documents

First, the employee must submit an application to the owner of the housing stock with a request to privatize the apartment. Once this application has been approved, written permission must be obtained from the application. You also need to prepare the following documents:

It is necessary to obtain extracts from house books at the addresses where the family has lived since 1991. It is also necessary to pay the state fee and attach a receipt for payment to the package of documents.

The first step is to obtain written permission from the property owner. Then you need to go to the BTI to obtain a cadastral passport. When these documents are ready, having collected the entire package of documentation, you should contact the reception of the Housing Policy Department.

If the service housing was built or acquired as the property of a commercial organization, it can be privatized. But you must first obtain permission in writing from the owner of the company to transfer this housing to a citizen. When the resolution is put forward and the permit is already in hand, you can begin to collect documents for the privatization process.

If the service housing previously belonged to a state or municipal institution, and then such an organization transferred its housing stock to local governments. Privatization of an apartment in this case is possible if the institution operates in the same legal form as at the time of transfer of funds, that is, there has been no reorganization, privatization of the organization or its transformation into a joint-stock company. If the organization does not transfer the apartment to the municipality, then citizens living in this premises do not have the right to privatize it

If service housing “hangs” on the balance sheet of former state-owned enterprises that have long been privatized or reorganized into commercial organizations, this indicates the reluctance of the municipality to take ownership of the housing stock. But this will not entail restrictions on the rights of citizens to transfer ownership of an apartment and conclude a social tenancy agreement.

Resolution of the issue in court

A service apartment can be privatized only if the owner agrees to exclude this living space from his housing stock. Employers are usually not interested in changing the status of their apartments and therefore may refuse an employee to transfer housing to the municipality. However, they have every right not to indicate the reason for their decision.

The only option for the employee is to file a lawsuit. Only on the basis of a positive court decision in favor of the employee, the local government body will be able to exclude the apartment from the number of official ones. Based on the court decision, the executive committee decides on such actions.

But it is not so easy to achieve a positive decision. There are many decisions in the courts that are not in favor of the plaintiffs. This indicates the absence of any rules that would oblige owners to allow the transfer of service apartments to municipal ones. However, employees turn to the courts, especially those citizens who have worked for many years in one institution or organization, because they have no other housing after retirement.

Arbitrage practice

When applying to the court, it is necessary to indicate the period of work in the institution or organization of the owner of the housing stock. As judicial practice shows, these indicators can be of great importance for the court. If a person has worked his entire life in a government agency, and after retirement, he has nowhere to live, since the owner demands that the apartment be returned to the enterprise fund, refusing to change the housing status. In this case, only the court will help the citizen not to be left homeless.

A refusal of a positive decision may follow if there is evidence of improper use of housing or when data on the length of work was deliberately overstated by the employee.

There have been cases in judicial practice when a positive decision in favor of the plaintiff was made, but it was not implemented. Then the employee can file a lawsuit again and the decision will be made as quickly as possible with a positive outcome.

Thus, if the legal right to obtain housing ownership based on a court decision is not fulfilled for any reason, then the state must ensure the implementation of this right.

The owner will be required to change the status of the service apartment and transfer it to the municipality. Registration of property rights takes place in the bodies that carry out state registration of rights to real estate on the basis of a decision of the judicial authorities.

Video: Advice from a lawyer on how to privatize official housing

Let's sum it up

To privatize a service apartment, it is necessary to change its status from service to municipal. This can be done based on the decision of the owner and the city executive committee.

Government institutions and organizations can independently decide on the transfer of housing to the municipality and privatization

A citizen who wants to privatize a service apartment must have a written decision in hand.

The right to privatization can be used by every employee who lives in a service apartment and has worked for the owner’s state-owned enterprise for at least 10 years.

In addition to the written decision, it is necessary to prepare a package of other important documents.

The procedure for privatizing a service apartment is very simple if there is a decision by the owner.

If such a decision cannot be obtained, then you can file a lawsuit.

Judicial practice shows that it is difficult to achieve a positive court decision, but this is possible if a person has worked in an institution for a long time.

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