Is it possible to privatize office housing?

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Published: 01/28/2018

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Official, or departmental, housing can be obtained by public sector employees, military personnel and civil servants. With the permission of the owner organization, it can be privatized.

• What is official (departmental) housing?
• Who has the right to privatize office housing?
• How to privatize service housing? List of required documents
• Procedure for registration of privatization
• Arbitrage practice

General rules

Departmental or office premises of the residential category are intended to provide shelter for employees of certain companies. When receiving this type of apartment, citizens do not enter into rental agreements and do not become home owners.

The office space is at the disposal of the citizen as long as he is an employee of the organization that provided him with the apartment.

Therefore, after the termination or expiration of the employment contract, the former employee must vacate the existing living space together with his family members.

But there are exceptions, and tenants can stay if:

1. The worker who received the apartment died or went missing due to the performance of his duties. In this case, the family has the right to remain in housing.
2. If an employee was injured at the enterprise, resulting in the assignment of disability group I or II.
3. If the employee who received the apartment retired.

Also, residents may not be evicted if there are orphans among them. However, it is worth noting that such citizens can still be evicted, but only if housing is provided with equivalent conditions in the same locality.

Conditions

If we talk about the privatization of official housing, then everything is quite complicated. The fact is that, according to the law, such apartments have a separate legal status, which makes it quite difficult to convert them into private property.

Unlike municipal housing, departmental apartments are on the balance sheet of the company that provides them. Because of this, general grounds for privatization cannot be presented to them.

But there is still an opportunity to get such an apartment into the ownership of an employee. To do this, the employer, who is the owner of the housing, must agree to privatization.

What it is?

Service housing is provided to citizens for use on the basis of an agreement. At the same time, you can use such housing until the contract expires.

After its expiration, the employee and his family will have to leave the premises, with the exception of a number of situations:

• when the apartment is occupied by the family of a firefighter, military person or law enforcement officer who died while performing official duties or went missing;
• the apartment is occupied by the family of the deceased employee;
• the employee who was provided with housing retired;
• the employee acquired a disability of groups 1 or 2 due to the fault of his employer;
• The residents of the apartment are orphans.

Since official housing has a special legal status, its privatization is practically impossible, with rare exceptions. Such housing cannot be privatized on a general basis.

The only option for privatizing office housing is possible with the consent of the organization that owns the premises.

Who is eligible?

Employees whose work activities are related to the fulfillment of state obligations have the right to privatize official housing.

These include:

• military personnel;
• deputies;
• officials;
• employees of the Ministry of Emergency Situations;
• law enforcement officers;
• utility workers;
• Federal Tax Service employees;
• fisheries and forestry workers;
• judges;
• customs officers;
• doctors, teachers - in the absence of their own living space at their place of work.

The legislative framework

The main legislative document regulating all types of privatization is Law No. 1541-1. The exact definition of the term “service housing” can be found in Article 93 of the Housing Code.

Also, when considering the issue of transferring official residences to private property, you will need to familiarize yourself with the Civil Code. It contains several articles regulating the transfer of real rights.

Judicial practice 2020 on housing privatization issues

As a rule, the courts take the side of citizens and protect their interests. But it all depends on the situation, on the arguments of the parties, as well as some other points.

Example No. 1 from recent judicial practice on privatization

Indicative in this regard will be the decision of October 19, 2020 in case No. 2-3494/2017 (court of the Yaroslavl region). The plaintiff filed a statement to protect the rights and legitimate interests of him and his minor child.

It was found that:

• the applicant’s father got a job at a company in 1988, which provided him with an apartment;
• the employee quit in 1998, but continued to live in the apartment with his child (plaintiff) and wife;
• The plaintiff is registered in the premises with a child, but decided to privatize the property.

During the proceedings, it became clear that this would not be possible because the property was not on the city’s balance sheet. The local administration refused privatization due to the lack of a social rental agreement. It turns out that a person cannot obtain ownership of an apartment, since it is located in a special housing stock.

The court took into account that the plaintiff had been living in the premises for a long time, and his right to stay had not been challenged by the previous owner of the property. As a result, a decision was made to allow the plaintiff to privatize (in equal shares: for himself and for the minor).

Example No. 2 in the case of privatization of an apartment

The court decision in case No. 33-9579 dated August 26, 2010 will also be interesting. The point is that citizen Parkhomenko E.Yu., who worked for a number of years on the railway, applied to JSC Russian Railways with an application for the privatization of the property allocated to him apartments. The plaintiff was moved into this apartment as a service apartment.

Russian Railways refused the possibility of privatization . The plaintiff indicated that the property was provided to him on the terms of social rent, without notifying him of his official status.

During the proceedings, it was found out that the disputed apartment is on the balance sheet of Russian Railways OJSC. The Unified State Register of Rights to Real Estate contains a record confirming this.

The court considered the arguments of the parties, after which it declared the refusal of JSC Russian Railways unlawful because:

• the real estate is neither state nor municipal housing stock;
• the object is the property of JSC Russian Railways, which excludes the possibility of privatization of the apartment in accordance with the Russian Law “On the privatization of housing stock.”

But at the same time, the court noted that at the time the property was provided to the plaintiff, it was in state ownership. And after a few years it became the property of Russian Railways. At the same time, the apartment was not recognized as a service apartment by any other documents during the transfer of rights.

The transfer of ownership rights cannot be the reason for the termination or modification of the rental agreement, and the new owner will be the lessor under the terms of the previously concluded rental agreement.

In simple terms, the court came to an interesting conclusion. The plaintiff's right to privatize the apartment is restored by terminating the defendant's ownership rights.

Privatization of service housing

Privatization of official housing can only be carried out if strictly defined conditions are met.

It is also worth noting that there are additional nuances for different categories of workers. They can either facilitate or significantly complicate the procedure for transferring housing into private ownership.

Apartments

When working remotely, employees may be presented with several types of housing. Depending on the situation, they can get a room in a dormitory or a full-fledged apartment.

Privatization of official housing is possible only in the second option, but not in all cases, but only with the consent of the employer.

Read where to start privatizing your garage. Interested in privatizing the land under your house? See here.

For military personnel

Military personnel move quite often due to their duties. At each new place they are required to provide housing if the employee does not have his own premises in the given area.

Moreover, if a military man does not have a family, then he can be allocated a room. Those who are married and have children are provided with a separate apartment. An interesting fact is that the number of children and their gender affect how many rooms there will be in the housing.

The military can privatize the apartment they receive if it is provided to them under a social tenancy agreement.

If the document refers to the hiring of official housing, then privatization will be difficult even upon retirement. As a result, the issue of housing problems among former military personnel is quite acute.

State employees

State employees are the same employees as those who work in non-governmental organizations.

The housing provided to them is also listed on the balance sheet of enterprises, not the state. Therefore, they are subject to the same rules for privatization of premises as other employees.

HOW TO REGISTER OWNERSHIP OF A SERVICE APARTMENT

HOW TO REGISTER OWNERSHIP OF A SERVICE APARTMENT
13.03.2018 13:34

Many military personnel who have lived in a service apartment for more than a year find it difficult to say goodbye to it, as they get used to the area, as well as the layout, infrastructure and other important things. Or there is simply no other living space.

In this case, they decide to keep the apartment after completing their military service, transferring it, first of all, into municipal ownership, and then registering it as their own. To understand the situation, we need to consider the question of how a service apartment can be arranged for a serviceman of the Russian Federation and what is needed for this?

Important! If you are dealing with your own case related to a service apartment, then you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.

The possibility of a positive outcome depends on many factors.

The concept of service living space

What does the concept of “deserting an apartment” mean? Thus, the Federal Law “On the Status of Military Personnel”, as well as the Housing Code of the Russian Federation, do not define the term “official residential premises”.

Important! Article 93 of the Housing Code of the Russian Federation contains only information about the purpose of the residential premises. It states that such premises are intended for the residence of persons in connection with the nuances of their labor relations with government authorities at the appropriate level due to the fact that these persons are serving in connection with their appointment to a public position.

How can a serviceman find an apartment in the Russian Federation?

According to the law “On the privatization of housing stock in the Russian Federation,” a military man who lives with his family in a building under a social tenancy agreement has the right to have the apartment occupied. Provided that everyone living in the family who has reached the age of 14 is not against purchasing this housing.

All military personnel, including those transferred to the reserve, as well as members of their families, have the right to own residential premises. Exceptions may include office premises and housing in a closed military camp.

Registration procedure

As mentioned above, privatization of company housing cannot be carried out until the employer agrees to it. At the same time, cases of such transactions are not so rare. After all, quite often companies, in order to attract valuable employees, are willing to provide housing as a reward for their work.

The first step to get an apartment is to contact the administration of the organization. To do this, a corresponding application is submitted, the consideration of which can be carried out within two months.

If the answer is positive, privatization can begin. To complete the transaction you will need:

1. Rent an apartment from the company's balance sheet. After that it will go to the municipality.
2. Submit an application for privatization of an apartment to the administration of your locality.
3. Wait for an answer. The municipality may refuse to provide an apartment if there are inconsistencies in the documents.
4. If the answer is positive, draw up an agreement with the housing department and register it in the State Register.
5. After this procedure, the housing will become the property of the citizen.

List of documents

In order to avoid any hiccups during the privatization of a service apartment, you should prepare in advance and collect the documents that will be required during this process.

The list of papers for transferring housing into private ownership in 2020 includes:

1. A normative act confirming the transfer of housing into municipal ownership.
2. Applications from each of the residents living in the apartment. If you do not want to participate in the process, you must provide a written refusal.
3. Copies of passports of all residents. For children under 14 years of age, a copy of their birth certificate must be provided.
4. Social rent agreement.
5. Extract from the house register.

It is also necessary to collect technical documentation of the apartment and an extract from the personal account confirming the absence of debts on utility bills.

Sample application

The main document with which the whole process begins is the employee’s application to the organization with a request to transfer housing to the balance of the municipality. The document is drawn up in free form, but must contain certain information.

Next, an application for registration of real estate in the ownership of the applicant is filled out. In order to fill out the paper correctly, you should contact specialists or use a sample.

A sample application for privatization of an apartment is here.

Algorithm of actions

In order to privatize service housing, you must write an application. It should be sent to the owner on whose balance the apartment is located.

The owner of official housing is the enterprise, organization where the employee works.

Required documents

The set of documents is similar to the list of papers that must be provided during traditional privatization. That is, when transferring ownership of a municipal apartment to citizens.

The list includes:

• passports of all privatization participants, copies;
• cadastral passport for the property;
• rental agreement;
• technical passport for the property;
• certificate of non-participation in privatization.

Submitting an application

Submitting an application for privatization is the second stage of this procedure. First, the enterprise that issued permission to the citizen for privatization must remove the housing from the “official” category and transfer it to the municipality.

The documents are reviewed and a decision is made based on the results. If they comply with regulatory requirements, a contract for ownership is drawn up.

It is registered with Rosreestr and a certificate of ownership is issued.

If the court does not agree with privatization and refuses it, you can try to resolve the controversial legal relationship with a claim to declare the refusal illegal.

The statement of claim is accompanied by a rental agreement, a certificate of the plaintiff’s family members, an extract from the Unified State Register of Real Estate, and the owner’s refusal.

The court will consider the controversial case. His positive decision will be facilitated by the lack of registered status of the office premises.

The owners were obliged to transfer him to this category.

In addition, preference will be given to citizens who have worked for more than 10 years at the enterprise, retired, were dismissed from the enterprise due to layoffs, or have received disability.

Examples

State employees

Citizen Ivanov I.I. a service apartment was provided. His family consists of 4 people. The apartment was provided on the basis of a warrant. In 1997, Ivanov left the company of his own free will.

The company remained the owner of the property. But the owner did not make any demands on Ivanov that the family vacate the office premises.

In 2001, the building where the apartment is located was transferred to local authorities, free of charge.

But the city administration refused to privatize Ivanov, calculating that the apartment remains a service apartment and in general cannot be privatized. Ivanov turned to the judiciary for help.

The court decided to satisfy the plaintiff’s claims, taking into account the following circumstances:

Military personnel

Citizen Linkov is a military serviceman. In 2006, he received an apartment by concluding a lease agreement for office space.

In 2009, the authorized government body (apartment maintenance department) included this apartment in a specialized housing stock.

A corresponding decision was made on this. Linkov was denied privatization of the apartment.

The basis for the refusal was that the housing is for official use, and accordingly, it is not subject to privatization in accordance with the provisions of the law. Linkov turned to court for help.

The state body made a decision in which it recognized the illegality of the actions of the apartment management department.

The housing status “official” was assigned after the tenant moved into the apartment. The fact that a service lease agreement was concluded with the tenant cannot serve as the main obstacle to the privatization of the apartment.

Video: privatization of official housing

When will going to court help?

Some employees, after the employer’s refusal, turn to court for help. In this case, two claims are filed at once. Some of them are in relation to the company with the requirement to transfer the apartment to the municipality. The second contains a requirement for the administration to provide the opportunity to privatize housing.

But it is worth noting that Russian legislation does not provide for legislative acts that could protect an employee in such a situation.

Privatization of a summer cottage has its own characteristics. What is the list of documents required for privatization of an apartment? Information here.

Where to start privatizing an apartment? Details in this article.

Extrajudicial privatization procedure: how to transfer official housing into social rent

The procedure “extends over time” (compared to standard privatization). The step-by-step diagram looks like this:

1. The employee prepares a package of documents and writes an application addressed to the owner of the property (department, employer). The document states the desire to privatize the living space.
2. The department (or rather, the authorized service) reviews the application, after which it gives permission to privatize the apartment.
3. The applicant collects a package of documents for submission to the local administration. The process of transferring departmental housing to the balance of the municipality must go through. Those. the so-called “de-service” occurs.
4. The Department of Housing Policy and Housing Fund accepts the property or refuses it. Of course, the refusal must be motivated.
5. The agreement on the transfer of ownership rights is registered through Rosreestr. The dwelling ceases to be a service dwelling.
6. An applicant wishing to privatize an apartment/house applies to the “Single Window” (i.e. the local administration). An application for privatization of real estate is submitted to the Housing Policy Department. The government agency reviews it, after which it allows privatization or refuses.
7. A person receives ownership of real estate. Of course, the transfer of rights is registered in the prescribed manner through Rosreestr.

Documents required to submit an application

The tenant (owner of departmental housing) may need:

• passports (or any other identification documents) for all residents over 14 years of age;
• birth certificates of children (for participants in the process who are under 14 years of age);
• consent to privatization or refusal of it;
• rental agreement;
• real estate registration certificate (+ cadastral);
• a certificate stating that citizens have not previously privatized real estate (the Law of July 4, 1991 N 1541-1 states: privatization is available once);
• extract from the Unified State Register of Real Estate (if available).

Those. Today the legislation does not provide for the possibility of privatization of official (departmental) housing in the general manner.

But there are schemes that allow you to get real estate:

• through the decision of the tenant and through the transfer of the property to the balance of the municipality;
• through the court.

But just what chances does the plaintiff have? Is it even worth bothering with statements of claim and drafting them? To answer these questions, it is necessary to analyze the materials of judicial practice.

Arbitrage practice

Due to the fact that there is no law on the protection of employee rights during the privatization of official housing, most cases end in favor of the organization. It is rare that during the proceedings the court supports the plaintiff's side.

That is why, if you receive a refusal from your employer, you should not make such decisions. Otherwise, you may be left not only without an apartment, but also without a job.

Here is presented judicial practice on the privatization of official housing.

The concept of service living space

What do we mean by the phrase “deliver the apartment”? Let's start with the fact that the Federal Law “On the Status of Military Personnel,” as well as the Housing Code of the Russian Federation, do not define the concept of “official residential premises.”

Article 93 of the Housing Code of the Russian Federation contains only information about the purpose of residential premises. Where it is said that such premises are intended for the residence of persons in connection with the peculiarities of their labor relations with a government body of a certain level due to the fact that these persons serve in accordance with their appointment to a public position.

Consequently, service housing will be considered the creation by the state of appropriate living conditions for military personnel during their military service. Let's figure out how to manage and privatize an apartment?

In what cases can office residential premises be privatized?

24.1.

You can privatize office space by transferring it to non-office status.

Did the answer help you? Yes No 24.2. in cases of removal of official status.

And sometimes through the court, for example, when housing was assigned to an enterprise and then transferred to municipal ownership.

Did the answer help you? Yes No 25. How to correctly write a petition for Service Housing. 25.1. It is better to entrust this matter to specialists. Did the answer help you? Yes No 25.2.

Such petitions are written in any form.

Did the answer help you? Yes No 26. Is it legal to charge fees for renting premises in office residential premises? 26.1. No. Did the answer help you? Yes No 27. How to write a petition to exclude residential premises from the category of official ones?

27.1. This must be a statement of claim in court. Did the answer help you? Yes No 28. I must pay for repairs to the residential premises if the apartment is a service apartment. 28.1. No. Did the answer help you? Yes No 29.

What is the procedure for eviction from official residential premises? 29.1. Only in court. GOOD LUCK TO YOU. Did the answer help you? Yes No 30.

Need advice on privatization of office premises.

30.1. The provisions of Art. 2 of the Law as amended by Federal Law No. 170-FZ of October 16, 2012, the right to privatize residential premises is assigned to citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on social rental terms. At the same time, citizens have the right to acquire residential premises in common ownership or in the ownership of one person, including a minor, with the consent of persons entitled to privatize these residential premises (and not all those living together), adults and minors aged 14 to 18 years.

Did the answer help you? Not really

Privatize a service apartment

Advice from lawyers:

1. Is it possible to privatize a service apartment?

1.1. No, a service apartment cannot be privatized.

Did the answer help you?YesNo

1.2. Good afternoon. Service housing is a type of real estate, the privatization of which, according to the Housing Code of the Russian Federation, is unacceptable. BUT! Privatization of official housing becomes possible with the permission of the relevant organization that manages its own housing stock. We should also not forget that there are a number of residential premises transferred by state or municipal unitary enterprises to the balance of city administrations. After transfer, they lose their official status and are provided to citizens on the basis of social rental contracts. Their privatization is possible without any conditions, since they become municipal.

Did the answer help you?YesNo

1.3. After transferring housing to municipal.

Did the answer help you?YesNo

Consultation on your issue

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2. I have been living in a service apartment for 24 years, can I privatize it?

2.1. Write an application from the owner of the apartment for privatization; if you receive a refusal, you can privatize through the court, but the apartment is a service apartment, which is stated in the agreement between you and the owner.

Did the answer help you?YesNo

3. How to privatize a service apartment of the Ministry of Defense.

3.1. There is no official service; they are not subject to privatization. Only after transferring to social rent..

Did the answer help you?YesNo

4. We have a service apartment, it was given to my father during his service, his son and his family live there, his father recently died, the apartment was not privatized. Is it possible to arrange social hiring now and privatize it in the future? At the moment, the apartment belongs to the Ministry of Defense.

4.1. It is important to understand that the housing did not “go to the state” after the death of the father and grandmother, but belonged to the state or municipality from the beginning. If at the time of the death of the testators a minor child would have been registered in this apartment, the contract would have been proposed to be re-signed in his name in the person of his legal representative - the mother. Afterwards they would have the opportunity to privatize this living space.

Did the answer help you?YesNo

5. I am an orphan, I am currently engaged in the privatization of housing, when registering I need a certificate that I did not participate in the privatization of housing. I live in a closed city, where housing is official and there are no privatized apartments in our city. The administration of our city does not provide such a certificate, and the MFC also does not provide just such a certificate. Where should I go to get this certificate?

5.1. Try contacting the government services website for this certificate.

Did the answer help you?YesNo

6. Service apartment, do not privatize, if God forbid the recipient of the apartment dies, can his family be evicted?

6.1. Good afternoon. Of course they can, since this is official housing and not provided for social rent.

Did the answer help you?YesNo

7. Is the serviceman entitled to housing? Previously he received housing under a social tenancy agreement for himself and family members; he did not participate in privatization; family members privatized the housing; in the event of a divorce through the court, the apartment went to family members, but the serviceman himself was left without housing; he had never been privatized anywhere before. did not participate; he is registered in official housing, which he must vacate upon completion of his service.

7.1. It's no longer allowed. Housing is provided to military personnel once.

Art. 15 Federal Law - 76. Why didn’t you participate in privatization? Then you would have your share.

Did the answer help you?YesNo

7.2. If more than five years have passed since privatization, an ACTIVE serviceman is entitled to housing.

Did the answer help you?YesNo

8. I am a military serviceman, and I have a share in a privatized apartment at my place of service, do I have the right to be recognized as needy and receive official housing? I am married and have a son.

8.1. It all depends on the size of your share. If it is large enough. When it is possible for you and your family to live on this share, you will be denied service housing.

Did the answer help you?YesNo

8.2. Get registered, what is there to think... GOVERNMENT OF THE RUSSIAN FEDERATION DECISION N 512 of June 29, 2011 ON THE PROCEDURE FOR RECOGNIZING MILITARY SERVANTS - CITIZENS OF THE RUSSIAN FEDERATION AS IN NEED OF RESIDENTIAL PREMISES AND PROVIDING THEM WITH RESIDENTIAL PREMISES IN PROPERTY FREE.

Did the answer help you?YesNo

8.3. Hello, I would like to clarify that in accordance with Art.
99 of the Housing Code of the Russian Federation, specialized residential premises are provided on the basis of decisions of their owners under rental agreements to citizens who are not provided with residential premises in the corresponding locality. It follows from this that the only condition for the provision of official residential premises to citizens who have the right to receive them is their lack of ownership, use and possession of other residential premises in the relevant locality. In this case, it does not matter whether a citizen’s housing supply is less than the accounting norm. Thus, since you have a share in the ownership of residential premises at your place of service, you do not have the right to claim service housing.
Did the answer help you?YesNo

9. I am a local police commissioner, I live in official housing at the administrative site where I work, I have an official rental agreement, can I somehow privatize this apartment? I have worked in the authorities for more than 10 years, I have lived in the apartment for more than 5 years.

9.1. No, you cannot privatize office residential premises, this is not provided for by law..

Did the answer help you?YesNo

10. This question, My husband works for the Moscow Region police, 2 years ago we were given a service apartment, but it was given by the city district administration, not the employer, at the moment we have a service lease agreement, what needs to be done to privatize the apartment? What documents, etc.? Based on what law can we do this?

10.1. — Hello, dear site visitor, no one can privatize official housing (without the consent of its owner), and you do not have such a right. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

Did the answer help you?YesNo

11. In the 90s, I privatized an apartment with my son for 2, now I live in the north in a service apartment for 18 years, can I transfer it to social rent?

11.1. Good afternoon, Olga! The official one or privatize it, the one that was formalized in the 90s. Please check.

Did the answer help you?YesNo

12. Regarding this question: I am a military serviceman. I have a temporary registration with the unit. I am on the waiting list for official housing. Recently got married. The wife has local registration, the mother does. But the apartment is not her property (the apartment is not privatized at all). Will my wife’s registration in any way affect my receipt of official housing?

12.1. Hello, if you have not moved into a residential premises in which your spouse has the right to use, since she is moved in as a family member, then this circumstance will not affect the provision of you with official housing, however, you will be provided with an apartment for 1 family member. The spouse is considered to be provided with housing, and therefore has no right to official housing.

Did the answer help you?YesNo

13. In 2012, he received official housing as a military man. I was fired in 2015 and still live in this apartment, because the housing is municipal in relation to the Min. About. no longer has. Tell me what actions I can take with the housing, can I privatize this housing?

13.1. If the housing has been transferred from official to social status, then you can privatize it. The fact that the housing belongs to the municipality does not mean that it cannot be used as a service

. Service housing cannot be privatized. Have you renegotiated your contract from specialized to social hiring?

Did the answer help you?YesNo

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14. I am a military pensioner, registered with a military unit, my wife has a service apartment received from the city administration. My documents for obtaining housing have been lost. They couldn't explain. They suggested submitting documents again. And the second question: if the spouse disposes of her service apartment, but does not privatize it, we will have the right to receive housing from the Moscow Region.

14.1. In this situation, no, since registration requires a lack of housing or income below the standard. So let it remain official.

Did the answer help you?YesNo

15. Does an enterprise have the right to evict a family member of a deceased employee from a service apartment if it gave permission to privatize the service apartment to this employee, but he did not have time to privatize the apartment - he died. (the employee worked for 10 years at this enterprise until 2005)

15.1. Hello Lisa. They can evict if there are grounds. And you don’t need to hesitate with privatization.

Did the answer help you?YesNo

15.2. Hello! The grounds for eviction depend on the factual circumstances. In particular, it depends on what kind of company it is and who the owner of the apartment is. You can clarify these circumstances. In some situations, it is possible to register ownership.

Did the answer help you?YesNo

16. Can I privatize an apartment that was provided to me by the municipality with the signing of a lease agreement for office premises without entering information about the status of official housing in Rosreestr. And what regulations, if I confirm the need to renew the contract with me, should I be guided by? Thank you)

16.1. Service residential premises cannot be privatized. First, you need to convert your contract to the status of a social rental contract.

Did the answer help you?YesNo

17. I am a military man who has already served for 34 calendar years and am currently still serving. In 1999 I received a service apartment and in 2005 I privatized it through the municipality. It was registered for 6 hours at that time and they gave me an apartment of 83 sq. m. m instead of 108 sq. And. Can I rent out this apartment back and receive a certificate with the missing square meters? meters.. Or what to do in this case?

17.1. — Hello, you don’t have such a right, but you are already provided with housing from the Moscow Region and will not receive anything else. Sincerely, lawyer Legostaeva A.V. email address [email protected]

Did the answer help you?YesNo

17.2. Hello, you should privatize the apartment, but in this case you will be able to register as those in need of housing only after 5 years, since by the above actions you will deliberately worsen your living conditions.

Did the answer help you?YesNo

18. My mother died. There was only one person registered in the apartment. The apartment is not privatized as a service apartment. Do we have the right to claim it?

18.1. Hello Olga. Unfortunately no. Only persons registered in the apartment have the right to reside in the apartment after the death of the tenant. If no one is registered in it now, it goes to the state or the organization to which it was provided to the employer for residence. Source: Housing Code of the Russian Federation.

Did the answer help you?YesNo

19. I have been working as a kindergarten teacher for 10 years, I live in a service apartment, I don’t have my own home, can I privatize it?

19.1. You need to read your service housing agreement.

Did the answer help you?YesNo

20. Had a privatized 3 room. apartment on the fifth floor. Due to his wife’s illness, he asked the city administration to exchange an apartment in a building with an elevator. He worked as a doctor in a hospital. They offered to donate a privatized apartment to the city, and in return they allocated 2 rooms. apartment under a service lease agreement. I quit my job and am retired. Project to vacate the apartment. But over the years I bought another apartment, that’s the problem now. I gave the privatized one, I’m losing my official one. Is it possible to do anything?

20.1. Hello! The question is extremely difficult. Do not forget to pay for the consultation, the amount and card number are indicated in the signature. All you have to do is try to invalidate your transactions. There are no guarantees that it will work out. But this is the only chance. Refer to Art. 168, 169 of the Civil Code of the Russian Federation. To say, for example, that the deal is imaginary, actually meant an exchange of one apartment for another. Then watch how the other side behaves.

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20.2. Vladimir, what can I tell you, extremely unreasonable behavior... What prevented you from simply selling the apartment and buying another... Not in all situations, service apartments are vacated... You need to know the details, years, etc.

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I have a question, my husband is a contract military man, I have owned a privatized house since 2014, I got married in 2020, are we entitled to a service apartment?

My husband has 2 enforcement proceedings, he does not pay. We live separately, I can’t force them to pay.

I have been working as a teacher in rural areas on Sakhalin since 2009. Upon employment, an apartment was provided and a rental agreement was concluded.

I am a military pensioner of the Ministry of Emergency Situations, I live in a service apartment and I am on the waiting list for permanent housing. Can I sell my apartment and privatize it?

I am a military man and I live and am registered with my daughter in a service apartment. My wife has a privatized apartment and is registered in it.

Please, in 2002, the military unit provided us with a three-room apartment in the city of Khabarovsk,

We live in a service apartment. from the military registration and enlistment office under a contract of employment. In 2009

I am an officer, Ruzhe Black Sea Fleet refused to provide me with official housing, arguing that

I'm interested in the opinion of a military lawyer. My husband has been serving under a contract for 13 years, is not on a military mortgage, and must have a housing certificate at the end of his service.

Can I privatize a municipal apartment? I work as a doctor in the Kaliningrad region, the apartment was provided as a service apartment.

We received a service apartment in 2007, we have a warrant and a social tenancy agreement, can I privatize it?