Find out on our website how to find out whether an apartment has been privatized or not, where to start the privatization process, whether it is necessary to privatize living space for all registered ones, and also whether it is possible to privatize an apartment with debts on utility bills.
Legal requirements
The privatization of apartments by military personnel is regulated by the main Law “On Privatization...” No. 1541-1 of 07/04/91.
and Government Decree No. 512 of June 29, 2011. According to these legislative acts, military personnel who have served for 20 years receive the right to privatize departmental housing.
This right also applies to military personnel transferred to the reserve :
- according to the age;
- for health;
- by reduction;
- have served in the Armed Forces for over 10 years.
These categories can register ownership of an apartment, room, house from the municipal housing stock. Privatization of military housing can be carried out for any family member , subject to the renunciation of the share of other persons registered in the apartment.
According to legislative norms, military privatization provides for the possibility of family members of military personnel receiving no more than 20 square meters of living space for free. All surpluses must be purchased from the state according to the rules of paid privatization.
You can learn about how to privatize a cooperative apartment, who has the right to re-privatization, as well as in what cases a refusal may be received from our articles.
Conditions for the privatization of service housing by military personnel
The special legal status of military personnel determines some features of the implementation of their right to purchase housing through privatization.
The basis for the privatization of housing by military personnel is the Law of the Russian Federation of July 4, 1991 N 1541-1 “On the privatization of housing stock.” Military personnel have the right to be provided with housing free of charge and its subsequent registration as property, subject to the following conditions: the status of a military personnel; 20 years of military service experience. Military personnel who have reached the age limit, are dismissed due to health conditions or due to staff reduction, and have served in the army for at least 10 years continuously have a similar opportunity to register ownership of office living space. An equally important condition for military privatization is the object (apartment) transferred free of charge into the ownership of the military personnel.
Many military personnel are interested in whether it is possible to privatize an apartment located in a military camp. This is the most problematic issue. Since the territory of closed military camps belongs to objects of defense and other strategic importance, citizens are prohibited from privatizing housing within its boundaries.
The privatization procedure is not always carried out only at the request of citizens. In relation to a number of objects, re-registration of rights to residential premises is impossible due to direct instructions of the law.
In relation to residential premises provided to military personnel and members of their families, there are a huge number of restrictions and prohibitions directly related to their status or the legal status of housing. To be able to privatize residential premises, a serviceman must take into account the main feature of the legislation: apartments located on the territory of closed military camps are completely excluded from participation in privatization (Article 4 of the law mentioned above).
If official housing is provided for the period of military service, its re-registration will also be impossible due to the specialized status of such housing stock (the limitation is established in Article 4 of Law No. 1541-1).
The establishment of one of these circumstances excludes the possibility of exercising the right to privatization.
The procedure for military pensioners exercising their rights to receive housing has its own peculiarities. Instead of legal “square meters”, such citizens can receive: a housing subsidy or a one-time cash payment. If a pensioner wants to receive an apartment in kind, he has the right to file a claim in court. However, winning such a case is possible subject to the transfer of the disputed object from the departmental one to the municipal housing stock. However, judicial practice also varies greatly. You can read about this on our forum.
Obstacles to the procedure
In the process of registering housing ownership, military personnel may encounter a number of problems related to the status of housing . These include:
- The building in which the apartment is located does not have an official owner or management company . This is due to the fact that departmental housing of the Ministry of Defense is not always transferred to municipal ownership in a timely manner with documented documents.
The apartment belongs to the Ministry of Defense , and its transfer to the ownership of the municipality is not expected.
However, housing in this status is not subject to privatization.- Apartments in houses for military personnel do not have floor plans, technical and cadastral passports .
Such problems can delay the privatization process indefinitely or even make it impossible. The problem should be solved in each specific case in a certain way.
Read on our website about how to privatize an apartment if the order is lost, how to restore the agreement on the transfer of living space into ownership, as well as how to carry out the process of deprivatization of the apartment.
Military privatization of an apartment: where to start?
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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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.
Order of conduct
Privatization of housing by military personnel is carried out on a shared basis; all family members registered in the living space participate in the process. The application must contain the signatures of all registered persons , including children over 14 years of age.
A share must also be allocated for minor citizens under 14 years of age ; parents express consent on their behalf.
The following documents are attached to the application:
- 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 (1000 rubles).
If housing was provided to a military family after 09/01/1991, for its privatization you will need additional certificates of registration in the previous place of residence for all family members.
This moment is the most difficult in the process of preparing documents, since during their service military personnel change more than one address , and a certificate must be provided from each one.
Due to the fact that some military units have been disbanded during this time and certificates can only be obtained by contacting the relevant territorial archives , the task becomes the most difficult in terms of time expenditure.
The unfinished privatization process may be suspended due to the death of the applicant or his transfer to a new place of service and residence.
Find out how to privatize an apartment through the MFC from our article.
Description of options
How is an apartment privatized under a social tenancy agreement by military personnel? Military privatization takes place in the same manner as any registration of ownership of living space. There are several options for the procedure:
- Registration of ownership of an apartment from the Ministry of Defense occupied by a military serviceman’s family under a social tenancy agreement is regulated by the Law “On Privatization...” and is carried out in the same manner as registration of ownership of municipal housing.
The only difference is that the application is submitted not to municipal authorities, but to a unit of the RF Ministry of Defense (the specific addressee can be found in the contract). An application for consent to privatization is submitted on behalf of all family members. - Registration of privatization of official housing by a relative of a serviceman is carried out subject to his written refusal of privatization. Any family member of a military serviceman can act as an applicant. Other family members must submit a notarized refusal of privatization.
The authorities are given a period of 2 months to review the package of documents. Employees evaluate documents, inspect and identify the status of residential premises, request information about privatization participants, including checking compliance with the rights of persons under 18 years of age.
If the decision is positive, a privatization agreement is drawn up, on the basis of which you can obtain a Certificate of Ownership.
Minor military children under 14 years of age must be included in the privatization agreement without fail. To refuse privatization of a citizen from 14 to 18 years of age, permission from the guardianship authorities is required .
Features of privatization of housing for military personnel
Many “authors” think that if a military town is not on the relevant List, free privatization is available to its residents on the general basis provided for by Law No. 1541-1. However, this is far from the case and judicial practice will again help us with this.
The list of closed military camps is established by the Government of the Russian Federation based on proposals from military departments.
Let us immediately make a reservation that on the territory of ZATOs (closed administrative-territorial formations) privatization is allowed, however, closed military camps do not belong to ZATOs and a different legal regime has been established for them.
Thus, the basis for initiating the privatization procedure for military personnel will be the following facts: the absence of a settlement in the List of Closed Military Camps; availability of a social tenancy agreement for residential premises; submitting an application in the prescribed manner to the authorized bodies. If these conditions are met, citizens cannot be refused privatization, with the exception of procedural issues.
The first thing that needs to be done before initiating the process of transferring official housing into the private ownership of a citizen-military or discharged from military service is to find out whether the desired living space is located on the territory of a closed military camp and which departmental unit has the rights to it. In the first case, it will not be possible to privatize the apartment. In the second, you need to contact the relevant authorities with a request to exercise the right to privatization, collecting the required set of documents. There is no clear legally defined procedure for registering official housing as the private property of a serviceman. As a result, such cases often become the basis for consideration in the district (city) court.
Remember: minor children of military personnel participate in privatization on an equal basis.
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 .
