Order for an apartment: where to get it, how to restore it if lost?

Even in Soviet times, confirmation of rights to housing was a warrant, since it was simply impossible to privatize or buy residential real estate without it. If such a document is lost, the logical question arises of how to restore the order for the apartment, where to get it and where the relevant information on it is stored.

The warrant for a non-privatized apartment was the main document issued by the executive committee as permission to move into and live in the premises. It was a kind of analogue to a modern certificate of ownership of a real estate object, or even rather an analogue of a social tenancy agreement. Today the order has lost its legal force.

In accordance with all the amendments made to the current Housing Code of the Russian Federation, the title documents for municipal property are now commercial agreements, social agreements and agreements on gratuitous use. These same documents contain information about the apartment. It is worth noting that commercial agreements do not establish restrictive conditions, but they deprive the right to apply for benefits for utility bills.

What is really needed

To conclude an agreement giving the right to an apartment, you must visit the Office of the Housing Policy Department with a list of ready-made documents:

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Personal passport and identification code (of the applicant and his family members who will live with him);
Papers certifying the family relationship between the above-mentioned citizens who will eventually receive registration in the apartment;
A warrant for living space as a basis for applying is not required, but it speeds up the registration process.

After checking the submitted documents, information about the applicant will be entered into the electronic database. The applicant should expect a formal response, which will be sent in writing. At

This advantage will be given to individuals who do not have their own housing or real estate. The income received by the applicant's family will also be taken into account.

If the application is approved, a social tenancy agreement is signed with the person, after which it will be possible to privatize the apartment. In this case, the order is surrendered irrevocably. If citizens use an apartment under an official rental agreement, they do not have rights to privatization.

Lost order for an apartment: how to restore it

According to each amendment made to the current Housing Code of the Russian Federation, commercial agreements, agreements for free use, and social services are currently considered as title documents for municipal property. agreements.

These documents provide information on the residential property. At the same time, it is necessary to point out that commercial agreements do not define conditions of a restrictive nature, but make it impossible to obtain benefits for paying for utility services.

What exactly is needed?

To formalize an agreement granting the right to housing, you must provide a certain list of documentation to the Office of the Housing Policy Department:

Civil passports and TIN (of the applicant and citizens classified as members of his family who will live with him);
Documents to confirm the presence of family ties between the mentioned persons, who will subsequently receive registration at the address of the residential area;
An order for a separate living space, as a basis for sending an appeal. It is not necessary to provide it, however, the presence of this document will significantly speed up the registration procedure.

As soon as the submitted documentation is verified, all information about the applicant is transferred to the electronic database. The applicant must wait for an official written response to be sent to him.

The advantage in this case belongs to individuals who do not have their own housing (real estate). In addition, income received by members of the applicant's family is taken into account.

How to get a municipal apartment?

Read how to draw up a social tenancy agreement for municipal housing here.

How to privatize a share in a municipal apartment, read the link:

If the application is approved, a social agreement is signed. hiring In the future, the apartment may be privatized.

In this case, the order is submitted irrevocably. When the basis for the use of living space is a signed rental agreement, in this case, citizens do not have privatization rights.

How is the agreement drawn up and restored?

Now orders for residential premises are successfully replacing many different types of agreements. When preparing documents for living space, the warrant is exchanged for a commercial agreement or a gratuitous (social) agreement.

If it is missing or lost, it will not be possible to sign the agreement, therefore, privatization of the living space will seem impossible.

For this reason, the procedure for restoring an order must be initiated immediately from the moment of its loss, since it will be more difficult to do this in the future.

In addition, it will not be possible to issue a duplicate document immediately. Its preparation may take more than one day.

Housing order

To restore the agreement, you must perform the following steps:

Appear at the REU with a request to issue a separate part of the coupon (tear-off) from the lost document. This is where the warrant is kept. In the absence of such a document, the requesting person will be refused to prepare a copy. In this case, it is necessary that an official certificate of the absence of a coupon be issued;
Send an appeal to the local administration of the locality at the location of the property, in the form of an application for signing a social agreement. hiring If the administration refuses, you must request it in writing. In the future, such a document is used when applying to a court, so that the decision can be declared illegal and unfounded.

Order restoration procedure

Providing a warrant is necessary to use the opportunity to privatize municipal housing. If it is lost or damaged, this document must be restored.

This document reflects information about the owner of the property, persons classified as members of his family who live with him, having the right to do so.

In the event that the owner indicated in the order dies, the right to privatize the property is transferred to the relatives of the deceased.

You can use the following methods for restoring an order if it is lost by the owner:

Send an application to the administration in the region where the real estate is located, where information about the issuance of the document is stored, there are house register entries, and there are also copies and spines of documents;
When the regional administration does not have data, it is necessary to ensure that an agreement on social services is drawn up. hiring

To sign an agreement on social hiring, you must submit your application in the same way. In the event of an unjustified refusal, the latter must be challenged in court.

If we touch upon the issue of paid privatization of housing, a copy of the order is obtained from the migration service, at the place where the person lives.

Controversial situations

It is mandatory that the refusal to restore housing rights if the order is lost must be justified. Taking into account the grounds specified in the refusal, it is possible to determine what to do in a given situation.

For what reason are they refused?

The applicant was not registered in the housing indicated in the application. It is impossible to draw up an agreement on social services. renting with a person who is not registered on the premises, even if he has previously registered at the address of the property. The procedure for deregistration is assessed as equivalent to the loss of the right to reside in municipal housing. During the privatization process, those persons who are discharged from housing cannot claim a property share of the property;
When a document was lost by its owner and a government agency. When a government agency is also at fault, a social security agreement can be concluded with the person. hiring You must have with you a civil passport and identification documents of each resident registered in the apartment, an extract prepared from the house register, apartment cards and a certificate from a personal personal account;
Refusal may be unlawful when they refuse to sign an agreement if the warrant was issued for the deceased. All rights of a person who has died are transferred to his closest relatives by a certain order, if any, and they maintain registration in the housing.

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.

Warrant for apartment

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 the conclusion of a social tenancy agreement. 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.

Recovering a lost document

What to do if a document is lost, how to restore it? The first step is to contact the authority where it was received. If the document was issued a long time ago and no records have been preserved, then you should contact the Housing Policy Office.

In a situation where the data on the issuance of the warrant cannot be restored, then the citizen must enter into a rental agreement (social contract). This agreement has all the features of a title document for housing and, in fact, is a full-fledged substitute for a lost warrant.

If you refuse to restore a lost order, request a written response. This answer will serve as the basis for filing a lawsuit against an unlawful refusal.

Order restoration

To privatize a residential municipal apartment, you need to provide a warrant. If it has been lost or damaged, you should begin restoring it. This document displays information about the owner of the living space and his family members living with him and having the right to do so. If the owner indicated in the order dies, the right to privatize the property passes to his relatives. There are several options to restore an order if it is lost:

Submit an application to the regional administration at the location of the immovable property, where data on the issuance of the warrant is stored, and there are entries from the house register, along with copies and spines of documents;
If the regional administration does not have information, care should be taken to draw up a social tenancy agreement.

An application is also submitted to sign a social tenancy agreement.
A refusal, if there is no basis for it, must be challenged in court. Speaking about the possibility of privatizing an apartment for a fee, a copy of the order can be obtained from the migration service department at your place of residence.

The role of the order in the privatization of housing

To privatize housing, you need to collect a package of documents. This list also includes a warrant for an apartment. The social rental agreement has the same legal force. If the order is lost, then for privatization it will be enough to conclude a social rental agreement. A sample agreement can be obtained from the service company.

For your information: according to the new Housing Code of the Russian Federation, such a document as a housing warrant actually does not have much significance, as in the old Soviet times. A social tenancy agreement replaces a housing order.

If a citizen is initially not included in the order for moving into an apartment, but is subsequently registered in this living space, then he can draw up documents for the privatization of housing. This will require a written refusal of all family members to privatize in favor of the citizen. This is formalized by a notary with the issuance of a corresponding sample power of attorney to carry out privatization actions.

Conflict situations

The refusal that you can receive when restoring your rights to an apartment when the order for it has been lost must necessarily have compelling reasons. Depending on them, it is determined what to do in each specific situation.

Why you might get rejected:

The applicant is not registered in the apartment referred to in the application. It is impossible to conclude a social rental agreement with a citizen who is not registered in the living space, even if he was registered there previously. Deregistration is equivalent to losing the right to reside in a municipal apartment. During privatization, a share of the property is not provided to the registered persons.
The housing warrant was lost by its owner and government agency. If the loss lies with a government agency, a social rental agreement is concluded with the citizen. You must have with you a personal passport, passports of all registered residents, an extract from the house register, a certificate from your personal account and apartment cards.
A refusal to sign an agreement is considered unlawful if the warrant was issued for a deceased person. His rights after death are transferred to the relatives specified in the order, if any and have retained registration in this apartment

Where can I get a copy of the warrant for a municipal apartment?

The privatization procedure includes the collection of required papers and the subsequent submission of a package of documents to the relevant authority. Most often, the process is carried out by one person who is given the appropriate powers, supported by a notarized power of attorney.

Since 2005, after the new Housing Code of the Russian Federation came into force, orders for apartments have been replaced by social tenancy agreements. The Department of Housing Policy and Local Housing Fund is responsible for issuing social tenancy agreements. You will need - an application in any form; - passport; —

Where is it being restored?

There are several options where you can go to restore and obtain a warrant for a municipal apartment:

Repair and Operations Department - submitting a written request to issue a copy of the tear-off coupon or to issue a certificate stating that there is no tear-off part in the REU;
Local administration - filing a request to draw up a social tenancy agreement, refusal of which will lead to court action for further proceedings;
Real Estate Department - an application with a request to restore the order if it is lost, but this is not always possible;
Territorial housing organization - here they will issue a list of required documents in order to conclude a social tenancy agreement;
Migration Service (FMS, also known as the passport office) – you won’t be able to get the original order, but a copy is quite possible.

In accordance with the current Housing Code of the Russian Federation, it is impossible to restore the original order. Now it looks like an artifact from the past. This means that paper is simply replaced by analogues - contracts. It is they who today give citizens the right to privatize a municipal residential apartment.

Registration of an order

After amendments were made to the Housing Code of the Russian Federation in 2005, housing orders were officially replaced by social contracts. rental of premises (residential). This documentation is issued by the Housing Policy Department.

It is not possible to obtain a warrant after 2005, but if the execution took place before that time, then this document will not lose legal force and its preservation will not be unnecessary.

Required documents

To receive a social document. Hiring will require the following documents:

citizen's passport;
a randomly written statement;
passports and their duplicates belonging to all family members;
any papers with which you can confirm the rights to move into the apartment (any document that is the basis for moving in).

Features of concluding a contract

Social contract employment is granted to a person for an indefinite period, and commercial contracts are limited to a maximum period of five years, which can be extended if all conditions are met.

If contracts for free use or social services are concluded. rental, then 18 sq. m. are provided for any family member. meters. If there is a disabled person in the family, then the housing area can be increased no more than twice.

When concluding a commercial contract, the area of the premises is not limited by established standards.

Where and how to apply?

To register, you must proceed as follows:

People who have a warrant in their hands, but do not have a rental agreement for residential premises, would be better off drawing one up. Situations may arise when you cannot do without this document. It will be needed when applying for a subsidy, the need to move a new family member into the apartment and privatization of housing.
Currently, the law provides for three types of contracts: for social or commercial rental and an agreement for the gratuitous use of housing. Regardless of the chosen agreement, it must be concluded on the basis of decisions of authorized bodies in writing.
To complete the contract, you must contact the district Department of Housing Policy to submit all collected documents. An authorized employee, having checked the package of documentation provided, will register them and issue an extract with his signature and the date of receipt of the papers.
If there are no problems with the documentation, then after a month, you will need to contact the Department with all family members and sign a document for renting housing and make an additional agreement on the terms of use of the property.
If it is impossible for any of the family members to be present in person, it is necessary to issue a power of attorney for any other relative at a notary office. The rental agreement must be signed in 2 copies, one remains with the Department, the second is given to the employer. As soon as the document is received, you must contact the management organization to make changes to your personal account. After this procedure, the rental agreement is considered completed.

What is an apartment warrant: where to apply for it and what documents are needed

There is no fee for providing this service. Other additional costs may be associated with additional preparation of the necessary documentation before transfer to the relevant body/structure or, for example, execution of a power of attorney by a notary.

But its main “successor” is considered to be the first of those mentioned, because with the participation of such housing in the privatization that began after the liquidation of the USSR (find out how and where to privatize an apartment here), it was precisely this that was concluded with the owners of the state housing stock. If the application wanted (and could, according to the law) become full owners, then a corresponding certificate was issued.

How to privatize an apartment using a warrant and where to get it if it is lost

Since this process is voluntary, everyone living in it must express a desire to acquire housing rights, so everyone writes an application, including minors over 14 years of age. Children under 14 years of age are included in the contract without fail; consent is given on their behalf by their parents or guardians.

You can complain about the actions of the administration to the Housing Inspectorate or the prosecutor's office, then go to court.

The recipient of the warrant is a now deceased citizen , but authorities require a document issued to those currently registered. Such a requirement is also illegal. The basis for obtaining housing rights is the rental agreement, and they have no right to demand anything else.
A special case is the attempts of former residents to obtain a share in a privatized apartment on the basis that they were previously included in the order. Moreover, even if someone is included in the document, but is not registered in it at the time of privatization, he does not have rights to the share. This citizen is also not included in the contract drawn up on the basis of the warrant.