Service apartments: receipt, privatization and redemption, for the military

Purchase of office housing in Moscow

Calculation of the redemption value of residential premises provided under purchase and sale agreements is carried out by the Moscow City Property Department in accordance with the Methodology for calculating the redemption value of residential premises provided from the housing stock of the city of Moscow under certain types of contracts. That is, the price will be lower than the market price.

Yes, you can use maternity capital funds or loan funds. When using maternity capital funds when offsetting funds for payment of the cost of residential premises under a contract for the sale and purchase of residential premises, the submission by the applicant of documents confirming payment of the cost of residential premises under the contract for the sale and purchase of residential premises is not required, with the exception of documents confirming payment of the cost of residential premises under a contract for the purchase and sale of residential premises at the expense of other funds, minus the amount of maternity capital allocated for these purposes. In the event of a refusal by the territorial body of the Pension Fund of the Russian Federation to satisfy an application for the disposal of maternal (family) capital funds or in the event of non-receipt of maternal capital funds by bank transfer to the bank account of the Department specified in the purchase and sale agreement for residential premises within two months from the date of receipt by citizens a contract for the purchase and sale of residential premises with a mark on state registration of the transfer of ownership; the contract for the purchase and sale of residential premises is subject to termination (except in the case of repayment by the buyer of such debt within the same period from other sources). From the date of transfer of ownership of the residential premises to the buyer and until the date of full payment of the cost of the residential premises under the contract for the sale and purchase of residential premises, the specified property is pledged to the seller.

Is it possible to transfer official housing into ownership?

It is necessary to point out that the norms of the Housing Code of the Russian Federation do not provide for such a procedure as the privatization of a service apartment. And Art. 4 of Law No. 1541-1 “On the privatization of housing stock in the Russian Federation” establishes a ban on the transfer of office premises into the ownership of citizens.

Such premises can be privatized only after they become municipal property (if the owner is different). After this, there must be the consent of the owner of the property for privatization to be carried out by another person.

Further, the official housing is considered no longer official. Consequently, it can be transferred for the use of citizens under a social tenancy agreement . When these measures have been carried out, privatization is possible in accordance with housing legislation.

So, the tenant of office housing needs to contact the management of the enterprise that owns the premises with a request to transfer it into ownership. The application is reviewed within a month. Next, a positive or negative decision is made on this issue.

If a positive decision is made, then it is necessary to agree on the transfer of the apartment to municipal ownership and the removal of its official status. Only after these nuances have been resolved can we proceed to the standard privatization procedure.

There is an option when you can buy out office housing. You need to work in an organization and live in this apartment for at least 10 years . In addition, there must be official recognition of those in need of housing.

Service housing: how to get ownership

Service housing is a private house, apartment, dorm room or other living space that is provided for an employee to live during the entire period of his employment. For example, a person gets a government job and immediately receives an apartment, works for 15 years and lives in it all the time.

An employee who has received official housing and his family can register at their place of residence, but only temporarily. The period of temporary registration is usually equal to the period at which the employment contract is concluded: that is, if the employee quits or his contract ends, the registration is canceled. The hiring period also directly depends on the contract or employment agreement: as soon as the employee quits, the employment agreement is terminated, and the former employee has to look for another oe housing.

Is it possible to buy a service apartment?

Good afternoon I received official housing in Moscow in connection with my work in the organization of the Education Department of the South-Western Administrative District in 2007 for a period of 5 years for myself (the employer) of my husband and son. The contract was extended for 5 years. After that, no one called us to renew the contract. We were not registered or registered in the apartment, they only gave us a copy of the order. We were all registered in another apartment in Moscow. During this time, our living conditions changed, we managed to buy our own apartment using a housing certificate. which the city provided to us. Now my husband and son and I own one third of this apartment. Is it possible to buy out a service apartment under such conditions?

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Thanks a lot. That is, I have to add up the areas of all three apartments and divide it by the number of people, including the three of us and those who are registered in the first apartment (my mother, my daughter and her two children). If it turns out to be less than 18 m2 for everyone, then I can buy Or is it enough for each person to have a separate room? Or did I understand everything wrong?

dormitories;
flexible housing stock;
residential premises intended for temporary accommodation of citizens;
for social protection of the population;
service housing;
residential premises intended for social services of citizens;
premises for orphans or children left without parental care, etc.

A service apartment is a residential premises that is provided to a citizen in connection with the fulfillment of certain labor relations.

The main reason for eviction from such housing is the termination of employment relations with the organization that provided the official living space. When spouses divorce, the second spouse loses the right to reside in the apartment and is subject to deregistration and eviction.

Can I be evicted from a service apartment?

If a person does not quit and continues to work, the reason that he will be asked to vacate his official housing may lie in the fact that he has received a mortgage. The man became the owner of the apartment, although it was pledged to the bank, but still his own. Accordingly, the provision of square meters per family member increases - they begin to take into account the area of the office and the area of the purchased apartment. And it may happen that in total, each family member will have more than the norm for the provision of living space (it varies in different regions).

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If the organization has other employees without their own housing and with worse living conditions, the likelihood that the company apartment will be taken away increases. If there are none, most likely, the official housing will be left for the use of those living there, because they pay rent for their stay.

How to buy a service rental apartment from the municipality or privatize it

I live in a municipal apartment under a service lease agreement, I made a request to Rosreestr, the apartment does not have official status, how can I buy it from the municipality or privatize it. Experience in the budget for 10 years. I have been living in an apartment with 2 minor children since 2021.

You need to submit a corresponding application to the municipality (housing policy department). When applying, you fill out an application of the established form, which indicates: the surname, first name and patronymic of the applicant, his passport details, the essence of the appeal and statement of rights, a description of the living quarters and a list of attached documents.

This is quite important, since in 2004 one decision was made requiring the registration of office residential premises in a certain Register. If the official housing is not included there, then the effect of Article Four, indicated above, does not apply to them.

identify the owner of the premises at the time of check-in. To do this, an appeal is written to the archive to retrieve the relevant documentation;
have an agreement on the basis of which the settlement was made. This document is important because before privatizing land, a house or an apartment, you need to figure out whether the property was provided under a service or social tenancy agreement. And if a social rental contract was concluded, then there is a high probability of privatization of property in pre-trial or judicial proceedings;
check the legality of the apartment’s status if the housing is not listed among those transferred to municipal ownership;
find out the conditions for including an object in the service list. This status can be assigned only by authorized bodies (state, municipal or departmental housing stock);
check the object in the Registry.

How to buy a service apartment

Official housing is provided for use by employees of government agencies under a rental agreement. You can transfer ownership of an apartment by registering for free privatization, but this right can only be exercised by citizens who are registered for the improvement of housing conditions or in line for social housing.

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The disposal of such property and the prospects for its acquisition are regulated by relevant regulations. The adjustment is made on the basis of regulatory requirements from various branches of law, including housing legislation.

Privatization of office residential premises is prohibited. It is very difficult to exclude such a residential premises from the list of official premises in court, since it has an owner, and the property is protected by law and its inviolability is guaranteed by the basic law of the Russian Federation. However, there is one loophole. If you want to change your housing status through the courts, find out:

Redemption of a service apartment 1. With citizens living in residential premises owned by the city of Moscow, previously provided to them on conditions. How to get a service apartment: the right to receive it, an apartment for the military, privatization of real estate, purchase of housing

of the possibility of privatizing an apartment is positively resolved (either with the consent of the owner upon its transfer, or if it is no longer official and the corresponding social tenancy agreement has been concluded), it is necessary to decide on further actions , the purpose of which will be to obtain such housing as your own. In any case, you need to start with an application for privatization, which is addressed to the owner of the residential premises (the one with whom the contract was concluded).

Service housing is a private house, apartment, dorm room or other living space that is provided for an employee to live during the entire period of his employment. For example, a person gets a job in the civil service and immediately gets an apartment, works for 15 years and lives in it all the time.

How to get company housing

Accepting applications around the clock Online legal consultation - free legal assistance 24 hours a day » Questions for lawyers » Housing disputes » Real estate transactions » How can you buy out official housing? How can I buy service housing? Since 2004, I have been working as a surgeon at the clinic of the Moscow City Health Department. In 2011, a commission under the prefect of the northeastern district made a decision to provide me and my family with official housing. At the beginning of 2021, I turned to the city property department with a request to buy this apartment under a purchase and sale agreement with installment payment, to which the department refused. How legal is this? October 07, 2015 Ivan Grigorievich Markov Alexey Yuryevich Lawyer, Moscow Official housing is provided to an employee from an organization or institution for the duration of his work activity.

How to buy a service apartment

Such premises are subject to transfer according to the acceptance certificate and the technical condition certificate . These documents indicate all the shortcomings of the housing provided, so you should carefully consider these documents. This is also due to the fact that the reverse procedure for transferring the premises is the same. Therefore, if malfunctions are noticed, they must be corrected at your own expense.

After the tenant has not taken action to evict the property, the owner has the right to file a lawsuit. After the decision is made in favor of the owner of the residential premises and it comes into force, you need to contact the bailiff service . Next, the bailiff will execute the court decision.

In 2010 we received a service apartment. It belongs to the Department of Housing Policy and Housing Fund of Moscow. No contract was drawn up for it, there is only an extract from the protocol, where, according to the lease agreement, this premises was allocated to us for 5 years with the right to re-sign. 3 years have passed, we are being forced to buy the apartment. There will be a contract with an encumbrance, and we will not be registered for 5 years. What if tomorrow I get laid off or I can’t work due to health reasons, and then what? Money down the drain and no apartment. And along with utility bills, we have to pay 20,000 rubles, and so on for 5 years every month. What should we do, we could be evicted?

A situation where a citizen received an apartment under a social tenancy agreement, and subsequently such an apartment was transferred to official status . In this case, the court may side with the citizen and satisfy his claim. If the change of status was made before the conclusion of the contract, court proceedings are not required.
Claims are also satisfied in the event of various types of errors being discovered when changing the status of housing.

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1. With citizens living in residential premises owned by the city of Moscow, previously provided to them on a sublease basis or as official residential premises, who have worked in organizations (enterprises) that provided residential premises, or in total in organizations financed by funds from the budget of the city of Moscow, 10 years or more, are concluded for the residential premises they occupy:

Taking into account the above circumstances, the court of first instance made a decision which declared illegal the refusal of the Department of Housing Policy and Housing Fund of the City of Moscow dated July 25, 2012 to grant Shilova the right to purchase residential premises under the Purchase and Sale Agreement with installment payment and obliged the Department of Housing Policy and housing stock of the city of Moscow to conclude with Shilova a purchase and sale agreement with installment payment for the residential premises occupied by her. The Moscow Department of Housing Policy and Housing Fund did not agree with this court decision and filed an appeal. By the appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court dated December 10, 2014, the above court decision was left unchanged, and the appeal filed by the Department of Housing Policy and Housing Fund of Moscow was not satisfied.

Providing official housing

In accordance with Art. 93 of the Housing Code of the Russian Federation, service housing is supposed to be provided only to those citizens who are in an employment relationship with:

public authorities;
local government bodies;
state or municipal enterprises.

Also, such housing is available to persons appointed to government positions in the Russian Federation or a constituent entity of the Russian Federation, or elected to elective positions.

Accordingly, the apartment is provided under
a rental agreement for office space for the period of validity of the employment agreement or contract. Termination of the employment relationship also entails termination of the employment contract.
So, a service apartment will be given to citizens holding positions :

Deputy. At the same time, you can be a deputy at any level (state, subject or local).
A military man.
Law enforcement officers (police officers, investigators, etc.) who are sent to serve in another city or town.
Firefighter in the Ministry of Emergency Situations.
Teacher and doctor. This applies to those who wish to go to work in rural areas.
Civil servant. For example, judges, officials, employees of ministries and departments, etc.

Currently, the provision of official housing is also practiced by private organizations - employers .

Procedure for obtaining official residential premises

Service housing is allocated by decision of the owner of the premises, namely by the authorities of the subject or municipality. The decision is made in the form of an order or resolution of the authority.

, a rental agreement for office residential premises is concluded between the person authorized to carry out such actions and the citizen to whom the living space is provided for use This procedure is regulated by regulations of the relevant authority.

The conclusion of a rental agreement entails for both parties the rights and obligations associated with the use of the premises. The main responsibilities of the tenant are payment for the use of the premises and payment of utilities. In addition, the citizen is obliged to carry out routine repairs . Major repairs are paid for by the owner of the premises.

Service housing should not be used by citizens
to make a profit , namely, they cannot be rented out, sold, exchanged, etc.
This prohibition is due to the fact that housing does not belong to a person by right of ownership and he cannot dispose of it at his own discretion.

The contract must indicate all
family members of the citizen who will live with him. As the number of family members increases, this list should be updated.

What documents are needed to apply for official housing?

When applying for official housing and for its consideration, you must attach a number of documents. These primarily include:

passport;
work book as confirmation of employment in a given organization and in the corresponding position;
a document indicating the absence of living space in the property (extract from the Unified State Register of Real Estate or other);
certificate of marriage (or divorce);
certificate of the employee’s family composition;
an employment agreement or contract - it specifies the period during which the employment relationship will continue;
a petition or statement from the employer.

All documents are attached in copies, which must be certified by a notary or employer.

The specified list of documentation for obtaining a service apartment is not exhaustive . It may be replenished depending on the situation and conditions for providing housing.

Application for provision of official residential premises

To obtain official housing for use, you must write an application addressed to the head of the government authority. It indicates the number of people who will live with the tenant. If there are children, their age is indicated.

This document also indicates all residential premises owned by the employee, if any.

With this application, the citizen
consents to the processing of personal data. He also signs that he provides reliable information about himself and his family members.
If the information provided changes, the citizen undertakes to report it.

Using the example of providing official housing to military personnel, a sample application looks like this:

Purchase of a Service Apartment in Moscow in 2021

When a citizen is simply recognized as in need of improved housing conditions, he will receive housing on a first-come, first-served basis. Important! Article 53 of the Housing Code of the Russian Federation establishes that persons who deliberately worsen the condition of their housing in order to obtain an apartment from the state are recognized as needing to improve their living conditions only after five years from the date of the violation. In general, to receive social housing, a citizen must live in the same locality/region for at least ten years. At the same time, he must maintain the existing housing in good condition to the best of his ability. In addition, it is prohibited to register other persons in your home in order to reduce the accounting standard for living space per person. What documents may be needed Registration for the purpose of obtaining housing is carried out not according to the words of the applicant, but on the basis of documents. Moreover, you will have to submit documents twice.

Waiting for housing to be provided.
Contacting the authorized body and providing the required package of documents.
Registration as a person in need of housing.
Moving into the received housing and registering.
Waiting for a decision from a government agency and obtaining consent or refusal.
Submission of necessary documents.
Obtaining a written decision from a government agency on the provision of housing.
Conclusion of an agreement.

May 12, 2021 klasterlaw 26
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