Why do you need a warrant for an apartment? It is needed so that the citizen has all the rights to move into the apartment. During the Soviet era, a person with a warrant in hand had a document proving his legal rights to living space received from the state.
Its effect extends to the period from receipt of the right to housing to the actual occupancy of the apartment.
What is an order and what does it look like?
An apartment warrant is a document that allows you to inspect the living space and move in. Before the collapse of the USSR, it was the main document giving the right to live in official housing.
Currently, a warrant is issued to a person who has received the right to reside in a municipal or service apartment for occupancy.
The order is an A4 document containing the following information:
- Full name, series and number of the resident’s passport;
- name of the authority that issued the warrant;
- address of the housing location;
- area provided;
- a surname list of the resident's family members;
- date of issue and expiration date.
The order consists of two parts - the main sheet and the tear-off spine, which remains with the authorized body that issued the document.
Non-standard situations
Confusion with old and new forms of documentation gives rise to some special situations. Let's look at the most common cases.
It is necessary to contact the owner of the property, that is, the administration, so that they check their archival data and issue a document confirming the existence of the warrant. This may be an extract or a coupon, which will become the basis for concluding a social rent agreement. A duplicate is not issued, since it is not included in the register of existing documents. If previously this housing was in the department of some enterprise, you need to look for supporting documents in their archives.
We invite you to familiarize yourself with: Extension of an apartment lease agreement sample
If the administration refuses to issue such a certificate, or responds that there is no such data, it is necessary to file a claim in court. If a citizen is registered in the living space he occupies, there must be documents on the basis of which this fact takes place.
One of the residents has the right to refuse to participate in privatization. He will not be the owner on an equal basis with others, but will retain the lifelong right to reside in this apartment. Such a citizen can become an owner in the future only if one of the owners gives him a share.
Where to get it
A warrant is issued on the basis of a social rental agreement for municipal housing or an employment contract with an organization, as well as upon receipt of the right to a hostel for full-time university students.
Persons who have received the right to social rent are issued a warrant upon signing a tenancy agreement at the housing committee of the local municipality.
For those receiving official housing, employees, career military personnel and university students, warrants are issued before moving in or at the personnel department, commissariat or dean's office of the university, respectively.
Concluding a social tenancy agreement does not always imply immediate occupancy in an apartment. The issuance of warrants and the occupancy of persons who have signed a social tenancy agreement in practice occurs as free rooms or apartments become available.
Receiving an order is carried out without a queue for the following persons:
- disabled people;
- old age pensioners;
- large families;
- military personnel and employees when moving to a new settlement with their families.
To obtain a warrant, military personnel must submit the following documents, in accordance with paragraph 32 of Government Decree No. 1054:
- certificate of delivery of previous official housing;
- certificate confirming the absence of a privatized apartment in the host city;
- military ID;
- copies of passports of all family members (for children - copies of birth certificates).
The received warrant gives the right to move in within the period specified in the document.
Why is the document needed? What does the sample look like?
In Soviet times, a warrant for an apartment was considered the only document certifying the right to use housing.
In that era, the concept of “private property” was relative.
Therefore, real estate was registered not in the name of a private person, but in the name of companies and organizations.
The owners were issued a simple certificate from the state. You can see a sample in the photo.
Now the document has lost its relevance - since 2005 it has been impossible to obtain a housing warrant.
However, this does not mean that the owners of such certificates do not need to keep it - without it, many legal transactions will become more complicated, including the privatization of housing.
According to the Housing Code, homeowners who received real estate before 2005 must draw up a social tenancy agreement, regardless of whether they have old-style paper or not.
In case of its absence, it will also be possible to conclude a new agreement. This paper is also necessary in the process of housing privatization.
How to recover
If the warrant is lost, it must be restored in order to use the residential premises legally. To restore, you should contact the authorized service where the tear-off counterfoil of the order is stored, with the following documents:
- Russian passport;
- a copy of the social tenancy agreement;
- certificate from the house management.
Restoring the order takes 2-5 days, depending on the work of the authorized body that issued the residence permit.
If there are no other documents for the apartment besides the warrant, then the document is restored through the courts.
The absence of a social tenancy agreement is possible if you received an apartment in the period before 2001, when the only document for non-privatized housing in many municipalities was a warrant received from the enterprise. When going to court, you must present receipts for payment of utility bills and obtain testimony from neighboring witnesses confirming the plaintiff’s residence in the specified apartment.
Where is the warrant for the apartment kept?
You can restore this document if it is lost in two ways. In the first case, you first need to contact your remote control office and ask for a copy of the tear-off coupon of the order. If it is not in the control system, then you need to request a certificate of its absence. Then you need to contact the housing department of the administration with these documents.
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We recommend reading: Documents to Submit to the Tax Office for a Refund for the Purchase of an Apartment
How to divide orders in a privatized apartment
The division of orders into several is often required in municipal apartments during divorce proceedings or if some residents wish to rent housing from the authorities under a separate agreement. This desire may arise due to:
- systematic violation by neighbors of the rules of living in the apartment;
- non-payment of utilities and other mandatory payments by neighbors;
- desires of neighbors to privatize housing according to separate documents.
Splitting the order allows you to separate the activities of your roommates and be responsible only for your own actions.
To divide a collective order into individual ones, you must:
- apply to the municipal housing committee with an application;
- wait for a decision to be made (up to 10 days);
- receive new orders.
When making a decision, municipal authorities evaluate the size of the isolated areas per family after the division of orders. The minimum area per person should not be less than 12 square meters. m.
Military personnel and enterprise employees living in official housing submit an application to the commandant of the military unit or the head of the personnel department, respectively.
The text of the statement states:
- required number of orders instead of one;
- the area per order after division;
- a list of residents assigned to each of the orders;
- the responsible employer of each order;
- grounds for separation.
If the apartment has already been privatized into common ownership, then its division into shares by order allows residents of each isolated area of the apartment to receive separate bills for electricity and other utilities.
After the privatization of the apartment, the orders cease to be valid, but the apartment is divided into shares proportional to the living space indicated in the order.
The meaning of an order when dealing with real estate
If documents for an apartment are lost years ago, this is not fatal. Of course, the state will not take away the housing issued to you, but a number of difficulties will arise that are not always possible to resolve:
- privatization;
- the opportunity to leave square meters as an inheritance;
- alienation;
- registration of housing subsidies;
- improvement of living conditions;
- moving in a new household member.
The order in this case acts as the only documentary evidence of the right to free use of the apartment.
Not all residents were able to obtain social rent for various reasons. Before 2005, it was possible to privatize living space without it. After the introduction of the Housing Code of the Russian Federation, this became impossible.
People received apartments from enterprises, factories, ministries, many of which ceased to exist over the years. The houses came under the jurisdiction of the municipality, but for various reasons, the residents’ agreement with the state was never concluded. Sometimes it was not possible to obtain it due to accumulated utility debts. The question was postponed for an indefinite period of time, during which time the papers could have been lost.
It will not be possible to legally appropriate departmental square meters based on an application and papers for occupancy. In some cases, if the administration refuses, this can only be done in court: for example, if the status of the house still remains specialized. But neither the Department of Housing Policy nor the judge will consider the issue without a warrant (Articles 69; 62; 60 of the Housing Code; Articles 131-132 of the Code of Civil Procedure).
Obtaining an apartment by order
Checking into residential premises in the presence of a warrant occurs in the following order:
- presentation of the warrant to the manager of residential premises;
- payment for accommodation (if necessary);
- inspection and acceptance of the premises according to the acceptance certificate with an inventory;
- obtaining a document on the right of residence.
The warrant is presented to the commandant of a service or student dormitory, and in the case of municipal rentals, to the head of the housing management.
Payment for rental housing under an order can be differentiated according to the utilities actually consumed, when moving into municipal housing, or made in advance in the form of a single monthly payment - when moving into a service or student dormitory.
After submitting the warrant to the commandant, the occupant signs the acceptance certificate and 2 copies of the property inventory, keeping one for himself. The inventory contains a list of furniture and equipment in the residential premises being rented, as well as notes on the presence of cosmetic repairs (wallpaper, curtains, etc.).
When moving to another housing due to a move, a warrant for a new living space is not issued until the previous place of residence has been completely handed over according to the inventory. In case of loss or damage of part of the property, it is subject to compensation at the expense of the resident.
Is it possible to re-register from a deceased owner to yourself?
In this case, the main factor is family ties with the deceased owner. How to get a warrant for an apartment?
This is important to know: Rules for maintaining common property of an apartment building 2021
If you were related and your entry took place legally, then, according to Article 82 of the Housing Code,
you have the right to demand recognition of yourself as the tenant under the contract instead of the deceased owner.
To do this, you need to contact the landlord with a request to conclude a new social tenancy agreement.
But only in your own name.
You may be refused , but a negative answer must have a legal basis.
It is important to understand that the landlord has the right to evict you under certain circumstances, for example if you are using the property for other purposes.
Therefore, before submitting an application, you need to eliminate violations, if any. This way you will increase your chances of transferring the premises to yourself without unnecessary delays.
How to privatize an apartment without a warrant
Privatization of an apartment occurs on the basis of a decision of the local municipality, which is issued regardless of the presence of a warrant.
Only municipal housing space occupied under a social tenancy agreement can be privatized without a warrant.
Service housing and apartments for military personnel are privatized by order and in the presence of appropriate benefits for length of service.
To privatize an apartment without a warrant you should:
- prepare documents for the apartment;
- submit an application to the housing committee of the city administration;
- obtain permission for privatization;
- register ownership in Rosreestr.
To privatize an apartment, you will need a social tenancy agreement, a copy of your passport, as well as a purchase and sale agreement if the right to rent was acquired after 1992.
The application for privatization must indicate:
- name of the circulation authority;
- a list of all rights holders for the apartment by name;
- start date of residence;
- the type of law on the basis of which residential premises are occupied - municipal lease;
- address of the apartment location;
- cadastral number;
- living and common areas;
- number of rooms.
If the apartment has not yet been registered with the Unified State Register of Real Estate, then before privatization it is necessary to issue a technical passport.
In the absence of a warrant indicating the exact parameters of the living space, to obtain a technical passport, it is necessary to call specialists from the BTI to take measurements and draw up an explication plan.
After registration of the registration certificate, the apartment is registered with Rosreestr and assigned a permanent cadastral number.
Upon registration of the apartment and the availability of social tenancy rights, municipal authorities issue a permit for privatization. With this document, you must contact Rosreestr again, attaching a receipt for payment of the state duty (350 rubles), as well as the received registration certificate.
Watch the video for step-by-step instructions on how to privatize an apartment:
Content
The document for moving in on a permanent basis contains:
- passport information of the person moving in, as well as family members of the tenant (last name, first name, patronymic; who is related to the responsible tenant;
- address, on which floor of which building the living space is located;
- the number of living spaces in the received apartment;
- total number of square meters.
There was also an inspection copy consisting of one page. It was handed over for inspection of the proposed home. And if the person agreed, they issued another document, on the basis of which the employer’s family entered for permanent residence.
After 2005 (Resolution of the Government of the Russian Federation No. 315), warrants were no longer issued, but if you still live in non-privatized territory and are planning to transfer it to private ownership, it is better to look for this document or decide on replacing it.
Question answer
Is a warrant a document of title? – Yes, it is, but only in the absence of other title documents. In case of social hiring, such a document is an agreement with the municipality.
Where is the apartment warrant kept? – The order is kept by the representative of the house management in case of social renting or by the commandant of the hostel when living in official housing.
How many warrants can there be for an apartment? – The number of warrants issued for one living space depends on the number of living families and cannot exceed the number of rooms in the apartment. One person can only have one residential warrant.
An order is a document indicating the existence of the right to reside in official or municipal housing and determining the period of residence and the number of square meters occupied. If title documents are lost, they can be restored using a warrant.
Where are warrants for a municipal apartment in Moscow in the central district stored?
In 2011, she and her eldest son abandoned this apartment in favor of her younger son. read answers (2) Mother, daughter and grandson are registered in the apartment. My mother died not long ago, there is a warrant for a municipal apartment; the son is recorded on this warrant; read the answers (2) A warrant for a municipal apartment from a grandmother who is not a relative.
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Law of the capital dated June 14, 2006 No. 29 “On ensuring the right of residents of the city of Moscow to residential premises” (as amended by the Moscow city law dated January 24, 2007 No. 2). Capital Law No. 21 of May 31, 2006 “On ensuring the housing rights of citizens during the relocation and vacancy of residential premises (residential buildings) in the city of Moscow” (as amended by Moscow City Law No. 67 of December 26, 2006).
If a citizen moves into municipal housing for social rent
In order for a citizen to view the property, the municipality gives him permission. It is composed in the form of an organ. If the citizen is satisfied with everything, then a social rental document for housing is concluded.
If you have an old warrant, you won’t have to go to the administration to register it. This document makes it possible to privatize real estate. In addition to this, you need to bring the following documents:
- citizen's passport;
- if there are children, you will have to provide their birth certificates;
- if a citizen has a wife, then he must provide a marriage certificate.
Registration and restoration of the contract
Today, housing orders have been replaced by many different contracts. So, when drawing up documents for an apartment, the order is changed to a commercial or social agreement for free use. If it is not there or is lost, then it will be impossible to sign contracts, and therefore, to privatize housing. Therefore, issues of restoring an order must be addressed immediately after its loss, since in the future the process will only become more complicated. In addition, it will not be possible to take a duplicate at any time, since receiving it takes more than one day.
To restore the contract, you should do the following:
- Come to the repair and maintenance department with a request to issue a copy of the tear-off part of the coupon from the order, which is lost. It is in this organization that it is stored. If this document is not there, that is, in fact, the person is refused a copy, you need to demand that they issue an official certificate stating that the coupon is missing.
- Contact the local administration of the locality at the location of the apartment with a statement regarding. If the administration refuses, the refusal should be requested in writing, since with this document they will then go to court to challenge the decision.
If you need to restore a document
It is possible to restore a document, but you must take into account the specifics. Typically, the following methods are used for this:
- you must contact the office of the current real estate owners association if the apartment was purchased with the help of a cooperative;
- you must obtain a certificate from the archives or any other department of the administration;
- You can also contact the Housing Operations Department for confirmation.
If the document cannot be restored according to the standard procedure, then the citizen can go to court. In order for a citizen to receive a positive decision, he will need to collect all the necessary documentation. You can also obtain a certificate by contacting the management company, homeowners association or passport office.
Usually, to restore the order, a statement about the loss of the document with a paper confirming the restoration of the archival copy is enough. The fact of the request must be recorded in the duty log. You can also ask to be notified by letter that the document is ready.
