How can a military man get out of service and privatize an apartment?

Legislative norms

The main regulations of the procedure are contained in the Law “On Privatization...” No. 1541-1 and Government Decree No. 512.

They stipulate the right of the military to take ownership of the premises provided to them, subject to 20 years of service .

This right is reserved for military personnel transferred to the reserve if their total length of service exceeds 10 years.

The apartment can be registered as the property of a military man or members of his family, if there is a refusal from the rest of the registered ones.

Military privatization is carried out taking into account the standard area per resident .

By law, the area per family member cannot exceed 20 square meters. Excess space is available for a fee.

Sample statement of claim for privatization of an apartment for military personnel.

Required Documentation

First of all, you should start by contacting the housing department of the Ministry of Defense of the Russian Federation . You can get all the clarifications and a list of documentation from the territorial authority. As a rule, this is :

Originals and copies of passports of all family members.
Social tenancy agreement.
Extract from financial and personal account.
If you move into an apartment after September 1, 1991 , information about your previous place of residence.
Consent of family members to carry out the privatization procedure or their notarized refusals.

Inventory certificate from the BTI.
Extract from the state cadastre.
Receipt for payment of state duty.

You may also need :

marriage certificate,
certificate of family composition , indicating previously discharged residents,
extract from service record.

Lawyers advise: consent to participate in the registration of housing ownership must be obtained even from minors aged 14 to 18 years .

Next, you should submit the application for privatization and all collected documents to the military department or local municipality (depending on who the owner is). Having received a positive answer, you can proceed to registering ownership in the Unified State Register and submitting information to Rosreestr .

Possible obstacles

The complexity of the process mainly lies in the presence of service status for residential areas. Having begun the procedure for registering premises as property, people encounter the following obstacles:

The building in which the premises are located does not have an official owner or management company. The reason for this situation is the untimely completion of documentation when transferring departmental apartments to municipal ownership.
The owner of the property is the Ministry of Defense. Such real estate is not subject to privatization, since it has departmental status.
The apartment buildings have been transferred to the balance of the state, but the residential premises located in them have not received documentation from the BTI and Rosreestr. This fact makes it impossible to issue technical and cadastral passports for residential premises, since such buildings are not registered in the cadastral register.

All these problems delay the process, and in some cases make it impossible . Each specific case has its own characteristics and may have a different procedure for solving the problem.

Find out on our website about the rights and obligations of the owner and those prescribed in a privatized apartment, as well as what the owner of privatized meters will have to pay for out of his own pocket.

So, where to start the procedure?

Military personnel have the right to privatize service housing or receive monetary compensation

Payment of monetary compensation is carried out at the expense of the republican budget.

Photo: December 3, 2020, 09:20

We asked the chairman of the military court of the Almaty garrison, Zhanat Zhailabay, to talk about housing issues related to military personnel.

— Zhanat Nesipbaevich, just recently the VII Extraordinary Congress of Judges of the Republic of Kazakhstan took place with the participation of the head of state. What can you say about this?

— Yes, on November 21, 2020, the VII Extraordinary Congress of Judges was held in Astana. At this congress, many important issues related to the judicial system were discussed. The convening of the VII Extraordinary Congress of Judges was stipulated in the Plan of Nations “100 concrete steps” - strengthening the accountability of judges. A new Code of Ethics for Judges has been developed, on the basis of which citizens can appeal against the actions of judges in a specially created Judicial Jury at the Supreme Court. This is an important document for society. I believe that the past congress of judges will increase public confidence in the judicial system.

— Today, the housing issue is relevant. As the chairman of the military court of the Almaty garrison, what can you explain about the housing relations of military personnel, based on your practice?

“Today, this issue is really relevant among military personnel. These issues are regulated by the Laws of the Republic of Kazakhstan “On Housing Relations” and “On Military Service and the Status of Military Personnel.” In addition, according to Art. 55 clause 6-7 of the Law “On Military Service”, military personnel who have been in military service for ten years or more in calendar terms as of January 1, 2013, are provided with official housing from the state housing stock, which they have the right to privatize - with the exception of housing located in closed and separate military camps, at border outposts and in commandant's offices - on the conditions and in the manner prescribed by housing legislation. Military personnel who have been in military service for fifteen years or more in calendar terms as of January 1, 2013, have the right to privatize service housing free of charge after twenty years of military service in calendar terms.

-In what cases do military personnel have the right to privatize housing at the residual value of housing?

-According to Article 109 of the Law of the Republic of Kazakhstan “On Housing Relations”, military personnel with length of service in calendar terms of at least 10 years as of January 1, 2013.

-As you know, we have closed and separate military camps. Are apartments in these military camps subject to privatization by military personnel?

— Military personnel living in closed and separate military camps have the right to free privatization of official housing, which are located in closed and separate military camps, border outposts and commandant’s offices, this was approved by Government Resolution No. 1293 of October 12, 2012.

— Are there certain standards for the living space provided to military personnel?

-Yes, this is stipulated in the law “On Housing Relations”, namely according to Article 75, housing from the state housing stock or housing rented by the local executive body in a private fund is provided in an amount of no less than 15 square meters and no more than 18 square meters of usable area per person, but not for a one-room apartment or dorm room.

-In case of refusal to privatize housing for military personnel, are there other possibilities for obtaining housing?

— Of course, this is approved in the Rules for compensation for the right to free privatization of official housing, which is not subject to privatization, including due to its location in closed and isolated military camps, border outposts and commandant’s offices, which determine the conditions and procedure for paying monetary compensation in exchange for the right to free privatization service housing. These Rules apply to persons whose right to free privatization of official housing is compensated in accordance with paragraph 7 of Article 55 of the Law of February 16, 2012 “On Military Service and the Status of Military Personnel.” Payment of monetary compensation is carried out at the expense of the republican budget funds provided for the maintenance of the state body.

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Where to begin?

How is privatization carried out under a social employment contract by military personnel?

Despite some features of each procedure, there is an approximate general procedure.

In any case, you need to start by determining the status of housing by contacting the department of the Ministry of Defense.

Permission will not be obtained if the property is located in a gated community. Due to the special strategic purpose of such residential premises, their privatization is prohibited .

If the premises do not have strategic status, you should then submit an application to the municipality. The applicant can be a military serviceman, both active and retired, and his authorized representative.

If the living space is located in a dilapidated building, it will not be possible to privatize it.

Read about the procedure for deprivatization of an apartment, as well as the statute of limitations for invalidating the privatization of residential premises, on our website.

Recommendations for military privatization of an apartment - where to start and how to proceed?

In order to privatize housing, a serviceman will have to face a number of nuances, even despite the fact that since 1991, the procedure for registering the privatization of an apartment has been clearly regulated by Russian legislation.

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The main “snag” in this issue may be the fact that in 90% of cases, employees of the Russian army receive housing under a social tenancy agreement from the Ministry of Defense of the Russian Federation. The article describes recommendations for the privatization of real estate for military personnel.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Instructions for the procedure

Before submitting an application, all citizens registered for housing must decide on the option for registering property:

on all registered;
on several;
per owner.

In any case, an application must be submitted with the signatures of all registered persons. Each of them must agree or refuse the share due to him.

A minor under 14 years old cannot be excluded from the list of share recipients; he must receive a share in the apartment without fail . If the refusal is issued on behalf of a child aged 14 to 18, permission from the guardianship authorities will be required.

The following must be submitted along with the application:

Copies of passports or birth certificates.
Notarized waivers (if available).
Technical documents.
Extract from the personal account.
Certificates of non-participation in privatization.
Extract from the Unified State Register.
Certificate of registration.
Power of attorney for privatization (if personal participation is impossible).
A copy of the Marriage Certificate.
Receipt for state duty (1000 rubles from each party to the contract).

For tenants of apartments provided after 09/01/1991, you will need a certificate of registration in the previous place of residence. Since military personnel often change their registration during their service, this can significantly delay the process.

The difficulties often lie in the fact that many military units where the military family lived and was registered have already been disbanded. Then you will have to look for data in the archives.

No later than 60 days after submitting the package of documents, applicants must be given a response. If a refusal is received, the serviceman can carry out this procedure through the court .

Read on our website about how to determine whether your living space has been privatized, where to start the procedure for registering ownership, and whether you can submit documents through the MFC.

Collection of documents and initial actions

To begin the procedure, you need to collect a package of documents. Among them:

identification documents of all participants in the process, including their copies;
rental agreement for housing, which will be subject to privatization;
if the serviceman is married, then a copy of his certificate;
written consent to the privatization of the apartment of all those registered in it, or refusal of privatization;
extract from the unified state register of rights;
receipt of payment of state duty;
a certificate from the passport office about who is registered in the apartment;
copy of personal account;
a certificate stating that not a single person registered in the apartment or house has previously participated in the privatization process;
technical documentation for the apartment: technical and cadastral passports, as well as a floor plan of the house;
an extract from the order of dismissal of a military man, if any, and an extract from his service record, which will confirm that he served 10 or 20 years.

Another important point in collecting documents.
If a serviceman received this municipal housing after September 1, 1991, then he will also have to provide certificates of registration from all places of his previous residence. The same applies to everyone registered in the apartment. Naturally, certificates will only be required for years of service in the armed forces. As with any other privatization, to begin the procedure you need to write an application. It must contain the signatures of all military family members registered in the apartment. Privatization is carried out in shares for everyone, including minor children.

Reasons for refusal

You can get a refusal in the following cases:

Illegal redevelopment discovered.
The documents do not comply with the standards or there are errors in them.
Some of the applicants were previously involved in this.

If the applicant dies after filing the documents, the process stops. The wife of the deceased has the opportunity to renew it after re-registering the social tenancy agreement on legal grounds.

Also find out from our articles whether it is possible to privatize a room in a communal apartment, as well as cooperative or service housing.

Privatization by court

Privatization of “military” housing does not always go without problems. Such apartments are sometimes not registered with technical and cadastral records, or are not registered at all in the name of the resident tenant. Sometimes the housing is in extremely dilapidated or dilapidated buildings, and sometimes the military unit management refuses to transfer departmental housing to the municipal fund. All this creates obstacles to the implementation of privatization in the generally established manner. The issue of transfer of ownership rights when these situations arise can only be resolved through the court.

Special cases

Is it possible to privatize an apartment from the Ministry of Defense for my wife? Military personnel in Russia enjoy support and social protection, which also extends to their family members. In the event of the death of a military man, close relatives have the opportunity to use his benefits .

This measure concerns, among other things, the provision and privatization of housing. The wife of a serviceman, in the event of the death of her husband while on duty, enjoys his benefits in full.

The exception is the housing benefit.

A military spouse can use this right only before entering into a new marriage .

If a military spouse lived with him in living space provided by the Ministry of Defense, then in the event of the loss of her husband, she can privatize the housing in her own name .

The widow writes an application to the appropriate unit of the RF Ministry of Defense and formalizes privatization in the usual manner.

If a social rental agreement for an apartment has not been concluded , after his death it is concluded with his wife.

When registering an apartment as shared ownership, when submitting an application for privatization and obtaining Certificates, all owners must be present .

Legal features of privatization of housing by military personnel

Despite the fact that the procedure for the privatization of residential real estate is clearly regulated by law and is quite simple in practice, the privatization of housing by military personnel remains a rather complex and labor-intensive process.

The main problem with such privatization is the following: persons who are military personnel in the Russian Federation, in the vast majority of cases, receive residential premises from the Ministry of Defense, concluding a social rental agreement with the owner.

As a result, a serviceman living in such a house (apartment) often encounters technical difficulties that hinder the process of housing privatization. Having the entire set of documents, a citizen cannot use his right to carry out free privatization.

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Most often, military personnel encounter the following obstacles:

the house in which the military family lives does not have an official owner or management company. Houses listed on the balance sheet of the Ministry of Defense are not always transferred to the municipal balance sheet in a timely manner, which makes further privatization of apartments very difficult;
there are no technical passports for apartments in the building;
other reasons.

If it was not possible to carry out privatization in accordance with the general procedure, there is only one way out - going to court.

Temporary housing: the essence of the program

Temporary housing is an apartment where various organizations accommodate their employees, who must be located within the work area. The latest news is that houses, apartments, rooms or any temporary premises are not being privatized. After all, the housing program is not aimed at improving the employee’s housing; it was made to satisfy the interests of the enterprise. But what should a person do who has worked his whole life at an enterprise and does not have his own home? How to subsequently privatize a service apartment?

There is still a chance to transfer the rental property to yourself, but if the status of official living space is removed from it. In this case, it will be transferred to the housing fund. An appeal for such a reshuffle can only be submitted by the organizer who provided housing to the employee.

Of course, it makes no sense for enterprises to give everyone approval for the privatization of housing. They can refuse an employee without explaining anything. But there are still exceptions. To obtain ownership rights, an employee can go to court. Most often, the military wins this case, since they are rightfully allowed to have permanent housing.

Is it possible to privatize an apartment without the consent of one of the registered

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social tenancy agreement or housing order;
an extract from the house register, which indicates all citizens registered in the apartment;
an extract from the personal account confirming the absence of debt for utility services;
documents from the tax authorities or the Unified State Register of Real Estate that these citizens do not own any other registered real estate;
if a house is privatized, then a cadastral and technical passport for it will be required;
passports and birth certificates of each family member participating in this procedure;
if someone’s interests are represented by a trusted person, then he must have with him a passport and a power of attorney executed by a notary;
refusal, also certified by a notary, if any of the registered citizens refused to participate.

It has been in effect since the end of the last century, when all housing in the USSR was considered state-owned, and then it began to be transferred to the ownership of citizens. This program was supposed to end several years ago, but it was extended until the end of 2020.

Is it possible to privatize an apartment in a military camp?

The law does not prohibit doing this, but there are requirements that exclude such a possibility in accordance with paragraph 6 of Art. 15 Federal Law “On the status of military personnel”, which we will outline below.

It is possible to obtain housing, but with the mandatory procedure of transferring it to the category of municipal property.

Privatization of an apartment by a military personnel should be carried out if:

The length of service of the Defender of the Motherland is more than twenty years (it does not matter whether it is calendar or preferential).
The officer retired due to health reasons, due to ongoing organizational and staffing measures, or upon reaching the maximum age for service. His military service must be at least 10 years in calendar terms.

Let us emphasize: real estate can be privatized free of charge only in open-type military camps, provided that the apartment is transferred to the balance of the municipality. This procedure was introduced by the legislator not for a specific period of time, but indefinitely.

How to solve the housing problem after dismissal due to general education

Expert answer:

Since your husband entered into the first contract for military service after January 1, 1998, he can be provided with housing for permanent residence only in accordance with paragraph twelve of paragraph 1 of Article 15 of the Federal Law “On the Status of Military Personnel,” according to which military personnel are citizens recognized those in need of residential premises upon reaching a total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures with a total duration of military service of 10 years and more, the federal executive body, in which military service is provided for by federal law, is provided with a housing subsidy or residential premises that are in federal ownership, at the choice of these citizens, free of charge or under a social rental agreement with the specified federal executive body at the chosen permanent place of residence .

But for this, your husband, together with family members, must be recognized as needing residential premises in accordance with Article 51 of the Housing Code of the Russian Federation.

Voluntary renunciation by a citizen of his rights to residential premises, including participation in the privatization of residential premises (rights equal to the right of the tenant, the rights of a participant in shared ownership), which would be subject to mandatory consideration when deciding on the provision of residential premises or the size of it total area should be regarded as actions aimed at worsening living conditions in order to acquire (preserve) the right to be registered as needing residential premises, or with the intention of obtaining advantages in calculating the total area of living premises provided free of charge.

Now let's look at your situation specifically.

Option one. After the refusal to privatize, you and your husband remained to live in the residential premises that they refused to participate in the privatization of. Therefore, in accordance with Part 1 of Article 31 of the Housing Code of the Russian Federation, you are members of the family of owners of residential premises.

Moreover, according to Article 19 of the Federal Law of December 29, 2004 No. 189-FZ “On the Enactment of the Housing Code of the Russian Federation,” you have the right to indefinite use of residential premises, which you refused to participate in the privatization of.

Option two. After refusing to participate in the privatization of residential premises, you deregistered from it. In this case, it is possible to apply the provisions of Article 53 of the Housing Code of the Russian Federation, according to which, when considering the issue of need for residential premises, a five-year period is established for taking into account the intentional deterioration by citizens of their living conditions.

If more than five years have passed from the date of your refusal to participate in the privatization of residential premises and deregistration in it to the date of your husband’s dismissal from military service, then this residential premises should not be taken into account when considering the issue of recognizing your family as needing residential premises.

If your husband has the same situation, then when challenging the decision to remove your husband from the register of those in need of residential premises and dismissal from military service without providing residential premises for permanent residence, the court will most likely take your side.

The situation is more complicated if less than five years have passed from the moment one of you deregistered the residential premises, the participation in the privatization of which you refused to participate in the privatization of, to the date of dismissal from military service.

Then the share in the residential premises, which they refused to participate in the privatization of, should be taken into account when determining the need for residential premises.

For example, five years have passed for you, but not for your husband. The apartment, which he refused to participate in the privatization of, has a total area of 72 square meters. meters, at the time of privatization there were 4 people living, which means he had a share of 18 square meters. meters.

Thus, the provision of your family with a total housing area on the date of discharge from military service is 18 square meters. meters, that is, the provision of housing is 6 square meters. meters of total area for each family member.

If this provision is less than the accounting norm for the total area of living quarters established for the locality in which your husband served in the military (usually 9-11 square meters per person), then deregistration of those in need of residential premises and dismissal without providing housing is illegal, which can be challenged in court.

But it must be borne in mind that if you win the court and at the time of provision of housing, five years have not passed from the date of deliberate deterioration of living conditions, then the norm for providing the total area of residential premises will be reduced by this total area in accordance with Part 8 of Article 57.

Let me emphasize once again that your husband’s need for housing can only be considered on the date of discharge from military service.

A.O. Marshals

independent expert on

savings-mortgage system

Cost of registration of real estate ownership

Privatization of living space requires certain financial costs, the amount of which varies depending on the square footage of the premises and the number of participants in the process:

a certificate stating that free privatization has not been carried out before (200 rubles);
production of a registration certificate for real estate (5,000 rubles subject to a general queue, for urgency you will have to pay another 10,000-15,000 rubles);
state duty for registration of property rights (2000 rubles).

Important! Some documents that are necessary for privatization of an apartment have a statute of limitations. Thus, an extract from the Unified State Register and a certificate of personal account are valid for 30 days from the date of receipt, and an extract from the house register is valid for two weeks.

Another cost item when registering privatization may be notary services, tariffs for which are set individually in each office. The average duration of obtaining ownership of an apartment will be about two months. This period also includes registration of property rights in Rosreestr.

The procedure for transferring official housing into ownership does not always go smoothly. There are a number of reasons why a serviceman may be denied privatization:

The living space does not have an official owner.
There are no technical documents for the property.
Debt on personal account. Officials do not have the right to officially refuse privatization of housing with utility debts, but, as practice shows, they are trying in every possible way to delay and complicate the process of registering housing. Read about the privatization of an apartment with utility debts here.
Housing is located in a building that has dormitory status.
The apartment or building in which it is located has emergency status (it is written here about whether it is possible to privatize emergency and dilapidated housing).
The apartment is communal.
Reluctance of anyone registered in the apartment to privatize it.

Is it possible to privatize housing provided by the Ministry of Defense for a wife? Yes, both relatives and spouses can privatize company housing.

In the first case, the serviceman must make a written refusal in favor of any family member. Other relatives living in the premises that are being privatized should do the same.
Special bodies review documents within sixty days. At the same time, housing is assessed, the rights to it of possible applicants, and related documents are checked.

Attention! In the event of the death of a military man, all benefits pass to his wife, she has the right to privatize housing in her name. But the right applies only if the widow has not remarried.

How to privatize housing through court?

If the refusal to privatize does not have the grounds provided for in Article 4 of the Federal Law “On the privatization of housing stock in the Russian Federation,” it is advisable to file a claim in court.

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Claims of this kind are considered by military courts attached to fleets, garrisons and military districts.

The claim must be drawn up in accordance with Art. 131 and 134 of the Civil Procedure Code of the Russian Federation.

The application must contain a descriptive part with references to the legislation, a statement of the plaintiff’s requirements (to recognize ownership of a certain property in the manner of privatization.
Oblige the authorized body to conclude an agreement and transfer the disputed premises into the ownership of the plaintiff.
Recognize the administration's refusal to privatize as illegal).

statement of claim for privatization of an apartment by a military personnel
statement of claim for privatization of an apartment by a military personnel

Documents that must be attached to the claim:

originals and copies of identification documents;
consent or refusal of privatization of all registered;
certificate of registration;
technical and cadastral passports;
floor plan;
rental agreement;
copy of personal account;
extract from the Unified State Register;
an extract from the military service record or an extract from the order of his dismissal;
a copy of the Marriage Certificate;
certificates of non-participation in the process earlier for all parties to the agreement;
receipt for state duty.

There are also some reasons why the trial may take longer:

if it is difficult to establish under whose control the housing is located;
if the serviceman does not have a social employment contract in his hands;
if the state duty is paid incorrectly (from 2020 it amounts to 200 rubles).

To summarize, we note the main necessary steps for the successful privatization of an apartment for military personnel:

Removing living space from official status.
Transfer of housing to the balance of the municipality.
Selection of all necessary documents.

The result of the privatization of official living space is the division of property into equal shares between all family members or sole ownership of the apartment while refusing the share of other registered persons. At the same time, children under the age of 18 and registered in service housing are required to receive a share and, after reaching adulthood, become full owners.

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First steps

The family of a serviceman who has decided to register ownership of housing should first of all determine the status of the apartment it occupies in the management of the relevant body of the Ministry of Defense.

The process cannot be carried out if the housing is located in a closed military camp. This type of residential premises is of particular strategic defense importance and cannot be transferred to private ownership.

In addition, according to general rules, the privatization of apartments in buildings that have the status of emergency and subject to demolition .

If the apartment does not have such status, the process should begin by contacting the privatization department of a certain municipality to determine the package of documents. In this case, the applicant must be the military man himself or his authorized representative (read about privatization through a realtor).

Sample application for privatization of an apartment for military personnel.

You can find out whether it is possible to privatize a share in an apartment from our article.

What is the procedure for privatizing apartments for military personnel through the court?

Problematic situations that arise during the acquisition of public housing into private ownership due to imperfections in legislation must be resolved in court.

Let's find out how the privatization of apartments by military personnel takes place through the court:

A statement of claim is filed, which indicates the grounds for transferring this apartment into ownership of the plaintiff. The claim, supported by regulatory and legal acts, must be reasoned. In this case, the ideal option would be the help of a professional lawyer.
The state fee is paid and the entire list of documents required for privatization is provided. You can submit additional papers that will somehow contribute to a positive outcome of the case.
The judge considers the claim and makes a final decision, giving permission or imposing a ban on the privatization of this object.

Questions and answers

Often military personnel for whom the privatization of an apartment is relevant are concerned about certain issues.

Is it possible to apply for a spouse?

If the location of the residential premises is an open town, then privatization can be carried out for any member of the military family.

It can be issued to your spouse. This requires everyone in the family to give their consent.

It is prohibited to privatize real estate in closed cities.

If a serviceman dies, his widow receives priority rights to privatization.

Do I need to certify the refusal?

If one of the family members refuses to take part in privatization, his written refusal must be notarized.

How to privatize an apartment if not everyone registered agrees

An agreement is concluded on the allocation of specific shares in the apartment.
The signing of the agreement takes place subject to the written consent of each assigned tenant.
The agreement must be notarized.
Based on the agreement concluded between the apartment residents, a request is submitted to the BTI to create a new technical passport.
The technical documentation indicates the boundaries of the allocated shares.

A person simply does not want to waste his time visiting various government agencies, consulting with lawyers, or waiting in long lines for the next certificate. After all, just the stage of collecting and preparing the documents necessary for privatization of housing can drag on for several weeks. And for many people, such a waste of time is simply unacceptable or virtually impossible. If the reason for the refusal is precisely the reluctance to waste time, it is worth explaining to the person that it is possible to privatize the home through the MFC, whose employees will take on most of the work of preparing documents. Or offer to issue a notarized power of attorney for someone who is not against participating in privatization and taking care of all the “paperwork.” This will only take a few hours of time and only one visit to the notary’s office.
The reason for refusing to participate in the process may be a reluctance to lose one’s right to privatization, which, according to Russian legislation, is given to every citizen once in a lifetime. A person can simply refuse to privatize some share in an apartment if he has the opportunity to obtain ownership of a separate living space.
Privatization of an apartment is not only the acquisition of ownership rights to real estate, but also the emergence of additional encumbrances. Newly-made owners are required to maintain housing at their own expense, invest in repairs, and pay property taxes. Living in a municipal apartment only involves the cost of paying for utilities, so many citizens prefer not to take ownership so as not to burden themselves with additional financial expenses.
Often people refuse privatization because they do not want the apartment to be privatized by only one of those registered in it. They fear that after this person privatizes municipal housing, they will have to vacate the premises. They do not know that even if they give their consent to register the apartment as the personal property of one of the residents, despite the fact that he has acquired the right to dispose of the property, he still cannot evict the persons registered in it from the apartment. It is worth explaining to the person that he does not lose his right to indefinite use of housing, as well as other positive aspects of privatization.
If a person simply follows the principle and for some subjective reasons does not want to meet halfway, which happens quite often, you need to find “levers” through which to try to “put pressure” on him. These may be purely personal interests (for example, you may not be allowed to register third parties in a given living space), which need to be determined in each specific case on an individual basis, because who, if not your closest relatives, knows how to more effectively influence your intractable relative .

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Important aspects

The implementation of the privatization process by military personnel is slowed down due to the formation of certain types of problems. They are associated with the absence of the owner of the residential building or the management company.

In some cases, privatization is suspended due to improper execution of a technical passport for residential space.

In accordance with the instructions of Article 8 of Federal Law No. 1541-1, the authority that accepted the privatization application must make a decision on it within 2 months.

The period is counted from the date of registration of the application in the book of incoming information, which is opened in any body, regardless of its field of activity.

The special status of a military personnel also extends to his family members, who must be provided with social protection.

They can take advantage of the social benefits provided to them by the state. If the widow of a deceased serviceman remarries, she will lose the right to privatize living space.

Step-by-step instructions for privatization

A serviceman who wants to “de-service” an apartment needs to contact the appropriate unit of the Ministry of Defense of the Russian Federation - the Housing Department (Housing Support Department), with an application to register the apartment as private property free of charge. After submitting your application, you will need to wait for a response within one month. If the answer is yes, the department will issue a list of necessary documents that will need to be provided to conclude an agreement on the free transfer of residential premises into the ownership of a citizen. The final stage is the execution of a gratuitous agreement on the transfer of living space into the ownership of a citizen. At the same time, the serviceman must receive technical documentation for the apartment at his own expense. Privatizing an apartment for military personnel is a lengthy process and you need to be patient.

To begin the procedure of “de-service” of a residential premises, you need to provide: your own statement outlining a request to transfer the desired property into private ownership; notarized written statements of their family members who refused to participate in the privatization process; original and copy of the social rental agreement; originals and copies of passports participating in the procedure; technical passport, extract from a financial personal account, information from the house register or a certificate from the management company (ZhEK) about the persons registered in the apartment; information about the owner of the transferred property (if ownership is registered); a copy of the military department’s certificate of title to real estate (if available); extract from the service record; information about the applicant’s right to privatization (certificate of unused right); permission from the military department unit dealing with housing issues for privatization or information about the absence of complaints about the procedure being carried out. In addition to copies, the package of documents must also contain originals.

What is the difference between social and service hiring?

The basis for free registration of housing ownership is the presence of permanent registration and the fact that citizens live in it under a social tenancy agreement. It is concluded with the local government body (municipality), which is the owner of the house. The social rental agreement assumes an unlimited validity period and no specific purpose for housing.

The situation with official living space is different, since the owner is the military department, and upon moving in, a service rental agreement is drawn up. It states that living space is provided to a person only for the period of performance of official duties.

The social rental agreement has an unlimited validity period, and official housing is provided only for the duration of the service.

Military personnel: who has the right to privatization?

The process of transferring housing into private ownership is quite clearly regulated by Russian legislation. Still, some categories of citizens face obstacles when trying to exercise their rights. We are talking about military personnel .

The privatization procedure can be carried out both by the military themselves, who have entered into a contract with the RF Armed Forces , and by members of their families. The main condition is living in an apartment provided by the Ministry of Defense of the Russian Federation under a social rental agreement.

Good to know: the reserve can also take advantage of the right to privatize housing .

What does the law say?

The Federal Law “On the Status of Military Personnel” states that military personnel have the right both to register ownership of an apartment and to use it free of charge under a social tenancy agreement. In this case, the responsibility for providing meters lies with the Ministry of Defense of the Russian Federation.

In the regions, this activity may be under the supervision of regional departments of the same department.

At the same time, military personnel can formalize privatization based on the general law “On the privatization of the housing stock of the Russian Federation” No. 1541-1.

They are also subject to Government Decree No. 512, which regulates the procedure for obtaining housing on a free basis.

So, for example, to privatize an apartment, a military citizen will need to serve at least 20 years in order to exercise his right to transfer the apartment into private ownership.

Forum for mutual legal assistance of military personnel

Article 11 of the Law of the Russian Federation of July 4, 1991 N 1541-I “On the privatization of housing stock in the Russian Federation” (as amended on December 23, 1992, August 11, 1994, March 28, 1998, May 1, 1999 , May 15, 2001, May 20, November 26, 2002, June 29, August 22, December 29, 2004, June 30, 2006, June 11, 2008): “Every citizen has the right to acquire property free of charge, in the manner of privatization, of residential premises in the state and municipal housing stock for social use one time. Minors who have become the owners of occupied residential premises in the manner of its privatization retain the right to a one-time free privatization of residential premises in houses of the state and municipal housing stock after they reach the age of majority.”

Commentary on the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” (A.A. Titov) / Extract from the book “Commentary on the housing legislation of the Russian Federation” / Rep.
ed. V.B. Isakov - 4th ed., revised. M.: Yurait-Izdat, 2003: 1. Initially, this article consisted of one part and provided for the right to free privatization of housing for all citizens only once. In 1994, it was supplemented by Part 2, which established an exception to the general rule: minor citizens have the right to participate in the privatization of residential premises occupied under a social tenancy agreement twice (before reaching the age of 18 years - as part of a family; after reaching the age of majority - decide this issue yourself). This procedure was established in order to ensure the housing rights of citizens during the privatization of residential premises. (On the participation of minors in the privatization of residential premises, see also the commentary to Articles 2 and 7.) 2. It should be noted that repeated participation in the privatization of housing by minors is not the only case when citizens have the opportunity to re-privatize the occupied residential premises and become the owner . This is possible in cases of so-called “deprivatization” of residential premises, when citizens who have privatized housing contact the relevant authorities (organizations) that transferred ownership of the residential premises to them with a proposal to terminate the contract for the transfer of residential premises so that they continue to use the residential premises on the same terms (under a social tenancy agreement). The change in the legal status of citizens living in houses of the state and municipal housing stock is provided for in clause 15 of the “Approximate Regulations on the Free Privatization of Housing Stock in the Russian Federation.” According to this paragraph, when moving to another residential premises and occupying it under a rental or rental agreement, citizens have the right to privatize this housing, subject to termination of the contract for the transfer of ownership, in the manner of privatization, of the previously occupied residential premises. This is possible in cases where such contracts are declared invalid (see Articles 166-181 of the Civil Code of the Russian Federation) or the contract is terminated by agreement of the parties (see Articles 450 and 452 of the Civil Code of the Russian Federation). On this issue, see also Art. 9.1 and comment. To her. 3. The Constitution of the Russian Federation (Article 35), the Civil Code of the Russian Federation (Section II, Articles 209, 217, 218, 235, etc.) and this Law on Privatization establish that citizens who have privatized the residential premises they occupy own and use and dispose of it at their own discretion. And no one has the right to consider privatized housing as property that can be confiscated from a citizen free of charge (taking into account the fact that it was transferred to him free of charge as a result of privatization). In other words, the basis for a citizen’s ownership of residential premises does not matter, and the privatization of housing is no exception.

Conditions for transfer of ownership

The privatization of official housing, except for the clear prohibition set out in Law No. 1541-1, is not regulated in any way. But in recent years, cases of litigation over the right to privatize such objects have become more frequent, so by 2020, some practice had developed, which is explained by the decisions of the Supreme Court and clarifications from it. When deciding on the possibility of residents of departmental premises obtaining property rights, one should be guided by the articles of the Housing Code of the Russian Federation and take into account the constitutional rights of citizens. These regulatory documents allow you to coordinate controversial relationships and make the right decisions in difficult situations.

Privatization of departmental housing can be carried out by those persons who live there under a lease agreement concluded with the tenant and have not lost the right to use it. You can become the owner of office premises in two cases:

The tenant who legally owns the allocated square meters agrees to the procedure.
For a number of reasons, the living space lost its official status.

The variability of situations in each individual case allows us to expand the range of opportunities for those wishing to privatize departmental housing.

Owner's consent

Municipal housing can be privatized on a general basis; the administration can deny this right only based on the prohibitions set out in Law No. 1541-1. Departmental premises are privatized according to a different principle – licensing.

An employee of the Ministry of Defense or any other organization living in official housing has the right to submit an application for privatization, but only the employer himself decides whether to approve it or not. The absence of federal regulations in this area allows owners to set their own rules. Some enterprises regulate these procedures with internal local acts, which may contain information about who, when and under what conditions can obtain ownership rights to departmental square meters.

In some cases, you can do without the owner’s consent. Thus, military personnel receive the right to free square meters, which can be privatized in the following cases:

The serviceman was transferred to the reserve due to length of service.
The dismissal was made earlier due to health reasons.
Family members of a soldier who died in the line of duty.
The premature transfer to the reserve took place due to organizational and staffing measures.

Long-term cooperation with the employer is a good reason to obtain ownership rights, but does not guarantee it.

Removing service status

In 2006, a decision was made that obligated all owners of official living space to register it in the appropriate status.

Employers had to submit an application to Rosreestr, supported by documents, with a request to assign the facility departmental status. Not everyone has taken advantage of this right, and today there are many residential premises that, although they were issued by tenants, are currently not listed as either departmental housing or municipal housing. Often such confusion was caused by enterprise reorganizations, bankruptcy and liquidation.

The absence of any official status gives the right to residents living in such living space to carry out privatization. This is legally regulated by Article 7 of the Housing Code of the Russian Federation, which clearly states that relations that do not fall under any regulatory document are regulated by housing standards that are suitable in this situation. Citizens file a lawsuit to recognize their right to the privatization procedure in relation to the disputed object.

Tenants have the right to independently transfer residential properties to the municipal fund. As soon as the transition has been documented, Law No. 1541-1 comes into force in relation to housing and it becomes possible to privatize it on a general basis.

What is the complexity of the procedure?

A person using service residential premises from a specialized housing stock must remember some of his responsibilities:

Use it for its intended purpose;
Treat it with care;
Pay due payments on time;
Carry out routine repairs at your own expense;
Without obtaining special permits, do not carry out redevelopment.
Compensate for all losses caused, etc.

The difficulty of transferring office premises to the municipal housing stock is that this procedure has not found legislative reflection in the Russian legal space. Simply put, there is no legal act regulating this issue.

Practice shows that military personnel must submit an application to the administration of the enterprise, i.e. to the command of a military unit (or other military organization), and only after receiving the consent of the command, such a transfer of housing is carried out.

At the same time, it is difficult to count on a positive outcome in resolving this issue after studying the content of the Resolution of the Constitutional Court of the Russian Federation No. 13-P of October 24, 2000.

It says that since there are no legislatively defined criteria for banning the dispossession of housing, local law enforcement officers often abuse their powers and deprive citizens of their rights to housing.

Thus, it is clear that the service housing of military personnel, previously in state ownership and assigned to a state enterprise or institution with the right of operational management or economic management and transferred in the future to the ownership of municipalities, can be legally registered by these military personnel as property through privatization.

Having received answers to the question of how to dispose of living space, the military man can seek to exercise his legal right to living space.

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