Apartment on Social Tenancy How to Transfer into Ownership

Free housing can be obtained by those citizens who do not have their own square meters and cannot resolve this issue on their own. Housing may be provided by local authorities or the employer. At first glance, there is no particular difference for settled citizens, but in fact the difference is significant. Municipal property is issued for indefinite use, and official property is issued only for the duration of work duties.

In accordance with the Privatization Law, it is impossible to transfer official housing into personal property, since it belongs neither to the state nor to municipal authorities.

However, there are many nuances that will allow you to privatize a residential premises, even if it has the status of official.

Options for how to use your apartment

By agreement with the owner;
By length of service;
If there is a social rental agreement;
Through going to court.

How to manage an apartment by agreement with the owner

The simplest option for privatization is when the owner of the apartment gives his consent to the dispossession of the housing. By agreement, purchase and sale or rental is formalized.

Disposal of housing based on length of service

For residents of the city of Moscow, there is a procedure for the use of residential premises and the grounds for decommissioning official housing:

Citizens who have worked at an enterprise for more than 10 years and live in office premises can enter into a social rental agreement or a purchase and sale agreement with installment payment at established rates (clause 1 of the Rules).
Citizens who have worked at an enterprise for less than 10 years can retire from a service apartment or other residential premises in the following cases (clause 3 of the Rules):

dismissal of an employee of a government body or organization (enterprise), to whom residential premises were provided on a sublease basis or as official residential premises, in connection with his retirement in old age;
receipt by an employee to whom residential premises were provided on a sublease basis or as official residential premises, disability of groups I and II, which occurred as a result of a work injury due to the fault of the employer or an occupational disease in connection with the performance of work duties;
death of an employee of a government body or organization (enterprise) to whom residential premises were provided on a sublease basis or as official residential premises;
dismissal of an employee of a government body or organization (enterprise) in connection with the liquidation of this government body or organization (enterprise) or due to a reduction in the number or staff of employees (Article 18 of the Law “On Privatization”).

“Those dismissed as a result of the liquidation or reorganization of enterprises will retain the right to vacate the apartment (privatization).”
Art. 18 Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”, dated 07/04/1991 N 1541-1.

How to manage a company apartment if you have a social tenancy agreement

In order to obtain ownership of service housing, if there is a social tenancy agreement, a standard procedure for privatizing a municipal apartment is carried out. If there is no social tenancy agreement for the apartment, then you need to get one. The reasons for receiving are given below.

How to dispose of a company apartment through the court

In order to dispose of a service apartment through the court, it is necessary to prepare a statement of claim for recognition of ownership of the residential premises.

Claim for recognition of ownership rights

The claim must comply with the form and requirements specified in Article 131 of the Code of Civil Procedure of the Russian Federation.

Documents must be attached to the Claim (Article 132 of the Code of Civil Procedure of the Russian Federation):

Receipt for payment of state duty
Extract from Order No. ____ dated ___.___.______
Social rent agreement for an apartment
Copy of floor plan
A copy of the explication;
Copy of an extract from the house register
Certificate from the passport office

The de-service procedure is not complicated, but it has nuances and requires special knowledge. To avoid risks, consult with a lawyer. He will tell you how to manage a service apartment quickly, avoiding pitfalls.
Telephone number for free legal advice on housing management in Moscow

From 2020, in order to clear a service apartment, the claim will also need to be accompanied by a Receipt for sending the claim and attachments to the defendant.

Procedure for transfer of ownership

If you want to privatize departmental residential premises, you should be prepared for the fact that the process itself will differ from the standard procedure and take longer. If there are grounds for transfer of rights or the owner’s consent to this procedure, step by step it will look like this:

An application is written addressed to the tenant with a request to allow the privatization of the living space.
Permission is obtained from the employer.
A package of documents is being collected for the local administration. Its completeness should be clarified in advance, as it may differ from the standard one.
An application is being written for the privatization of the specified premises.
The papers are transferred to the Housing Department of the locality where the property is located.
Documents are reviewed for the allotted time, as a result of which a decision is made to allow or deny the procedure. The refusal must be motivated.
Approval of the application allows you to conclude a privatization agreement, which actually confirms the transfer of ownership rights to the housing.

Having received an agreement on the transfer of ownership rights, it is necessary to register them in the prescribed manner - through Rosreestr.

Submitting an application

Preparing an application begins with collecting documents. This stage is extremely important, since papers should be collected for all persons living in the premises. This list must include:

Passports of all residents over 14 years of age.
Birth certificate for children under 14 years of age.
Consent to privatization or refusal of it.
The tenant's permission to transfer ownership.
Rental agreement for living space.
Cadastral and technical passport of the premises.
Certificates stating that citizens have not previously privatized municipal or official housing.
Extract from the Unified State Register of Real Estate.

The list may be supplemented with other forms.

The application is written on specially designed forms. They can be obtained from the housing department or downloaded on the Internet. The application form contains a large amount of information. In particular, the following data is entered into it:

About the property owner.
Participants in the privatization process.
Residential property.
About the desire to become private owners of square meters.

The correctness of filling out the application, as well as the complete set of documents for it, is checked by the specialist accepting the application. After registering the application, you must wait for the final verdict, which will be announced within a month.

Read more: Does a pensioner have the right to resign without working?

Owner's decision

Privatization of service housing begins with the decision of the owner. You can get it by submitting an application to your employer. This document is written arbitrarily, the main thing is that it contains the following points:

On what basis and when was the residential premises allocated?
Information about the premises.
The number of persons living in the apartment, including all registered family members.
What reasons, in the applicant’s opinion, are decisive for issuing permission to transfer ownership.

The statement must fully explain the employee's position. It would be a good idea to support what has been said with references to internal regulations or state legislation.

The owner of the living space makes a decision not based on his personal opinion and preferences. He must take into account whether there are justified reasons for refusal or, conversely, approval. For example, the organization’s Charter may stipulate that after serving a certain continuous period, an employee has the right to privatize living space or other conditions.

The owner issues a decision in writing, regardless of whether it is positive or negative. The paper is certified by the manager’s signature and a round seal and must be registered as an outgoing document.

Conclusion of an agreement

A positive outcome of privatization is expressed in the conclusion of an agreement on the transfer of ownership rights. This document is concluded between the current and future owner of the residential premises. The agreement is drawn up according to the rules established by the Code of Civil Procedure of the Russian Federation. It must contain comprehensive information about the procedure being carried out, the rights and obligations of the new owner after taking possession.

The privatization agreement is proof that the office premises have passed into the possession of these citizens. It is filled out as follows:

Information about the residential premises is entered - address, size of the total and living area, number of rooms, etc.
Information about each participant in the agreement. Please note that the agreement includes information about all residents who receive their share of the premises.
The size of the shares is determined for each.
Information about the rental agreement, which allowed move-in and gives the right to stay.
Grounds for transfer of property.
Responsibilities assigned to new owners.

The agreement is signed by all participants in the privatization and by the representative of the municipal government responsible for the privatization of residential properties.

What it is?

Let's find out what a social tenancy agreement is? This is a document according to which one party receives for use from the other party a certain residential premises - an apartment, house, room, etc.

In this case, the provision of property is carried out on preferential terms , which are determined by the current legislation and the provisions of the contract.

For example, a tenant is most often exempt from paying rent and receives subsidies for utilities.

The parties to the transaction are the following entities:

lessor – a person (both physical and legal) who provides housing for use. In the case of social rent, the owner is the corresponding housing stock - municipal or state;
tenant - a person who receives housing for use. According to the law, only certain categories of citizens have the right to conclude a transaction.

Apartment under a social tenancy agreement: what is it and who owns it? It is worth considering that an agreement can only be concluded in relation to the housing or part thereof, which is located in a house that is on the balance sheet of a state or municipal body .

If the house is not on the balance sheet because it was transferred to another organization, the right to receive housing in it still remains .

But only on the condition that the house is state property .

In this case, the citizen needs to find out who now owns the apartment building and apply there with the appropriate application.

How is the privatization of official housing carried out?

It is important to request copies of documents according to which this or that housing was endowed with a certain status. It is also necessary to determine the date of assignment of service status. Such status should be assigned to housing only before such property is provided to the tenant. This will mean that the residential premises were provided as departmental ones. It should be noted that if such a dwelling was not registered as official, the citizen has the right to privatize it, despite the fact that the apartment was provided on the basis of labor relations that arose between the employee and the employer. In this regard, the easiest way to clarify the issue of status is to send a request to the owner.

Usually, in practice, there are no problems in obtaining a response to the specified request from the relevant authority.

Law on official housing

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 relevant administrative regulations of the 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.

Social tenancy agreement

This form of ownership implies the availability of housing for living, allocated from the fund of a city, village or other locality for an unlimited period. It is the responsibility of the resident to pay utility bills on time. By concluding a social tenancy agreement, a citizen is not the official owner, since the apartment continues to be in the possession of the subject of the Russian Federation. But the following rights appear:

The tenant can register other tenants permanently or temporarily.
Carry out subletting.
Submit an application for the exchange of real estate as part of the provision of a social lease agreement.
Privatize housing.

Applicants for a “social apartment” may be persons who have submitted an application to improve their living conditions or are in need of housing. Currently there is a division into two groups:

Those who submitted an application before 03/01/2005
Those who provided papers after 03/01/2005

A special feature of housing registration is that until March 2005, living conditions were taken into account. After this time, the availability of housing and the status of low-income families are taken into account.

Please note: The provision of an apartment under a social tenancy agreement is carried out on a first-come, first-served basis. If you have benefits, you should confirm your right to receive, but among privileged citizens there is also a priority as applications are received.

Service apartment as a residential premises of a specialized housing stock

Citizens in need of housing are provided with residential premises from the state or municipality provided for such purposes. The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):

dormitories;
flexible housing stock;
residential premises intended for temporary accommodation of citizens;
for social protection of the population;
service housing;
residential premises intended for social services of citizens;
premises for orphans or children left without parental care, etc.

The list of persons entitled to official living space is determined by separate legislation (depending on the person’s field of activity).

As a rule, such housing is provided to those who must be constantly present in the immediate vicinity of the workplace. Another condition is the absence of ownership of your own apartment in a given locality.

Service housing can be:

apartments;
dormitories;
private houses.

However, in order for an apartment to be provided to a citizen and his family as a service apartment, it must be included in a specialized housing stock as service housing . This provision is adopted by a decision of state authorities or local government, depending on whose property the living space is located.

alishavalenko.ru

hiring

Reasons why people accept children on a guest boarding basis The main reason that leads to the desire of people to take orphans from an orphanage to a family for temporary residence is the need to prepare for such a serious step as adoption.

When state or municipal enterprises or institutions transfer to another form of ownership or during their liquidation, the housing stock that is under the economic management of enterprises or the operational management of institutions must be transferred to the economic management or operational management of the legal successors of these enterprises, institutions (if they are identified) or to management of local self-government bodies of settlements in the prescribed manner while preserving all housing rights of citizens, including the right to privatize residential premises. Good afternoon! (maybe even dead) I submitted documents to transfer housing from official to municipal, but I received

Specialized housing

In this case, the reasons that prompted the employer to make such a decision are not important. It should be noted that the legislator does not stipulate in this case the consent of family members as a condition for terminating the contract.

In order to conclude a social rental agreement with you, it is necessary to transfer this apartment from a specialized housing stock to a municipal housing stock. Info Moscow. I also filed for divorce without him because I don’t know where he is.

Article 101 of the RF LC does not contain a provision similar to Part 2 of Art. 83 of the Housing Code of the Russian Federation (on the termination of a social tenancy agreement for residential premises at the initiative of the tenant with the consent of his family members). According to Part 3 of Article 101 of the Housing Code of the Russian Federation, a rental agreement for specialized residential premises can be terminated in court at the request of the landlord, if the tenant and his family members do not fulfill their obligations under the contract.

The contract is terminated by court in the following cases: failure to pay for residential premises and utilities for more than 6 months; destruction or damage to housing by the tenant or members of his family; systematic violation of the rights and legitimate interests of neighbors; use of residential premises

How relevant is the question?

Even taking into account the fact that in comparison with previous years the number of service apartments has noticeably decreased, they do not lose their relevance. Departmental housing is intended for residence by persons who have committed themselves to labor obligations with its owner. This means that such employees do not have personal living space for any reason. Such real estate is provided to military personnel, workers of public utilities, emergency services, foresters and fishermen, as well as for government and tax officials. All criteria, conditions and requirements for persons wishing to obtain official living space are fixed by the Housing Code of the Russian Federation.

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What is service housing?

Office housing refers to premises that are provided to an employee due to the nature of his employment relationship. Such residential premises are provided under a lease agreement for specialized residential premises. This means the provision of such housing for the duration of work in the organization that provided housing, or for another period stipulated by the contract. Residential premises may be provided if the citizen does not have any other housing in the specified locality.

Issues related to the provision of such housing are regulated by Ch. 10 of the Housing Code of the Russian Federation (LC RF). The above residential premises are provided on the basis of a decision of the owner of such housing, who act on behalf of authorized state authorities or local governments. According to Art. 100 of the Housing Code of the Russian Federation, the right to use office premises arises on the basis of a concluded rental agreement .

In accordance with Art. 104 of the Housing Code of the Russian Federation, such premises are provided in the form of :

residential building;
separate apartment.

In addition, living quarters can be provided in a dormitory. In this case, the specified housing is provided at a rate of six square meters per person.

Privatization of a service apartment

What should this category of residents do? Do they have a chance to transfer the departmental apartment into private ownership?
Lawyers at the law firm Mirzoev Group note that judicial practice on official housing knows more negative examples than positive ones: many employees were denied privatization due to the end of their employment contract or due to the unilateral termination of the rental contract by the owner (enterprise). What is this - a departmental apartment? The concepts of housing on social rent and housing under a rental agreement should not be confused, although they sound almost the same to the average person.

Service apartment as a residential premises of a specialized housing stock

Citizens in need of housing are provided with living quarters by the state or municipality from the specialized housing stock . The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):

dormitories;
flexible housing stock;
residential premises intended for temporary accommodation of citizens;
for social protection of the population;
service housing;
residential premises intended for social services of citizens;
premises for orphans or children left without parental care, etc.

A service apartment is a residential premises that is provided to a citizen in connection with the fulfillment of certain labor relations.

The list of persons entitled to official living space is determined by separate legislation (depending on the person’s field of activity).

Service housing can be:

apartments;
dormitories;
private houses.

Transferring specialized housing for an orphan to social housing

This category includes young citizens who have not celebrated their 18th birthday and who have natural parents:

have an illness that does not allow them to fulfill responsibilities in relation to children;
punished for a crime and are in prison;
passed away;
declared missing, that is, law enforcement agencies are searching for them.
deprived by a court decision of the right to care for descendants;
have lost their legal capacity;

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The child is assigned an official status:

a child deprived of parental care.
orphans;

This work is carried out by the state guardianship authorities of the local administration.

Flexible apartments are provided to citizens at a rate of at least 6 sq.

m of living space per family member (Clause 1, Article 106 of the RF Housing Code). Payment for the provided specialized housing is carried out by the persons living there independently.

On approval of the Procedure for making a decision on the exclusion of residential premises from special. housing stock and the conclusion of a social contract.

rental in relation to this residential premises upon expiration of the rental agreement special.

residential premises

This Procedure determines the rules for making a decision on the exclusion of residential premises from the specialized housing stock and concluding a social tenancy agreement in relation to this residential premises with the persons specified in paragraph 1 of Article 8 (hereinafter referred to as the tenants). The basis for making a decision to exclude residential premises from the specialized housing stock and concluding a social tenancy agreement with the tenant in relation to this residential premises (hereinafter referred to as the decision) is: the conclusion of the Ministry of Education, Science and Youth Policy of the Trans-Baikal Territory on the absence of circumstances indicating the need to provide services to tenants assistance in overcoming a difficult life situation, drawn up upon the expiration of the rental agreement for specialized residential premises concluded with the tenant for the first five-year term; expiration of the rental agreement for specialized residential premises concluded with the tenant for the second five-year term.

How to transfer a service apartment to social rent

head of the municipality.

The tenant of the office premises has the right to apply to the employer for the provision of housing ownership.

Important

This application is considered and a decision is made on it.

If it is positive, then further coordination with the municipal authorities will be necessary to transfer the official housing to their balance sheet and remove this status from it.

Going to court You can also seek privatization of your service apartment through the court.

Attention

But success can only be achieved if the housing was not properly registered as official.

Transfer of official housing to social rent

In the case of children, this is an excellent option, since upon reaching eighteen years of age, their right to participate in privatization is returned, and they can use it again.

Based on the results of the review, the authority makes a decision on the possibility of privatization.

If a citizen has been refused privatization because he submitted an incomplete package of documents or some inaccuracy was found in them, he has the right until March 1, 2020 to eliminate all problematic issues and reapply.
If a person has received the go-ahead for privatization, he enters into an agreement with the local administration, which is then registered with Rosreestr.
Features of the privatization of official housing When privatizing official housing, some features of the process should be taken into account.

Features of privatization of official housing

What is service housing? Office housing refers to premises that are provided to an employee due to the nature of his employment relationship.

Reference. List of documents submitted to the owner

When submitting your application, you may be required to provide the following documents:

– copies of passports of all persons registered in the apartment;

– a copy of the financial personal account;

– an extract from the house register;

– a certificate confirming that there is no debt to pay for housing and communal services;

– a single housing document;

– BTI documents (floor plan, explication);

– a copy of the work book of the tenant of the premises (who was provided with housing), and in the event of his death, an additional copy of the death certificate;

– a copy of the order on registration as those in need of improved housing conditions (Part 1, Article 52 of the Housing Code of the Russian Federation);

– certificates from the City Property Department

The procedure for concluding and registering a contract for social rental housing

The claim is addressed to:

to the employer with the requirement to transfer the house to the city balance;
addressed to the head of the municipality, with the requirement to accept the transferred premises on the balance sheet of the city.

Restrictions on privatization

Privatization as a procedure cannot be applied in every case. To carry it out, certain conditions must be present. According to the law, every citizen has the right to privatize living space, but only those who live in social premises legally, that is, have registration and a social tenancy agreement concluded with the local administration, can use it. Office premises do not fit into these categories because:

They are provided not by the state, but by a specific employer.
Between the parties there is simply a rental agreement, not a social lease agreement.

Read more: Where to contact about redevelopment of an apartment
And the object itself is on the balance sheet of the enterprise, not the municipality, which does not allow it to be classified as real estate subject to privatization.

All these restrictions and conditions do not deny the very possibility of privatization. But unlike municipal property, office premises can be transferred to the category of private property only by permitting.

Many enterprises establish certain criteria, after fulfilling which the employee can privatize the allocated housing. This may be an additional measure to reward its employees for long and responsible work or a way to attract qualified personnel. Sometimes the privatization of official housing is carried out not thanks to, but in spite of, if the enterprise needs to get rid of the housing stock and responsibility for its maintenance.

Transfer of housing from official to social rental

Hello, in this article we will try to answer the question “Transfer of housing from official to social rent.” You can also consult with lawyers online for free directly on the website.

I contacted the Administration. The government said that in order for a social tenancy agreement to be concluded with you for a previously provided service apartment, it is necessary that you be recognized as in need of improved housing conditions.

The claim is filed against the employer, but practice shows that such claims are extremely rarely satisfied. The plaintiff must have very compelling reasons for a positive decision. These may be extremely difficult circumstances or a violation of his rights.

Transfer of official housing to municipal housing

The housing has been transferred to official Attention. After this, the owner considers the specified application and makes a negative or positive decision. The consideration takes place in accordance with the legislation of the Russian Federation (including regulations at the local level).

If the owner agrees to carry out such a procedure, a privatization agreement is concluded between the applicant and the authorized body. If the authority made a negative decision, then it is necessary to require such a refusal to be provided in writing.

In this case, if possible, the citizen eliminates the shortcomings and resubmits the application. With the above agreement signed by the authorized body, the citizen must contact Rosreestr, attaching the necessary package of documents, with a corresponding application.

What does social housing mean?

Social rent is a special form of indefinite use of housing subject to certain conditions - for example, regular payment of fees for the use/maintenance of the premises. You can even conclude certain types of transactions with such premises - for example, exchange it.

After receiving social housing, some citizens can privatize it - they receive an extraordinary grant of transfer to private ownership. Therefore, this paid form of ownership continues to be very popular.

What is social housing housing? This is a transaction after which citizens receive apartments, houses or other premises for living on special preferential terms . The procedure for providing living space, as well as the specifics of its use, is regulated by Chapter 7 and Chapter 8 of the Housing Code. Housing is allocated on a first-come, first-served basis. Citizens entitled to receive it collect and submit the necessary documents, register and wait in line. There are some conditions for the provision of living space:

It must be provided in the same locality where the future employer lives.
It must be habitable and isolated. The total area is calculated for all future residents.

Important . There is no rental fee, but the tenant must pay for utilities, repairs, and other services.

Everyone living in this apartment has the same rights and obligations regarding housing - that is, they bear collective responsibility for contractual obligations. If the tenant dies, the contract is re-signed with another person who lives in the same premises (regulated by Article 672, paragraph 2 of the Civil Code). As such, inheritance does not occur with these agreements.

Transferring specialized housing for an orphan to social housing

The child begins to believe that he has, if not a full-fledged relative, then a new friend, which helps the orphan not to feel lonely, has a positive effect on self-esteem and the level of his place on the hierarchical ladder among other pupils of the institution.

ensure access to public utility services of adequate quality and quantity;
be responsible for the maintenance and repair of common property.
carry out major repairs;

Rights and obligations of the Tenant:

move in and register family members and third parties at the place of residence;
demand elimination of violations in relation to utilities and common property;