Is it possible to transfer housing from commercial rental to social rental through the court?

Service housing is living space provided to a citizen in connection with his direct work. Housing is provided by the employer if such an employee does not have a home in the locality where he will carry out his work activities. Privatization of such an apartment is possible if the owner agrees, or if such a dwelling loses its departmental status. You can find out this status by sending a request to the owner or to Rosreestr .

Privatization is formalized by sending an application from the citizen to the owner. In case of consent to privatization, a corresponding agreement . After this, the citizen submits the specified agreement with a package of documents to Rosreestr. Next, Rosreestr makes a note in the register about the new owner of such an apartment.

What is service housing?

Office housing refers to premises that are provided to an employee due to the nature of his employment relationship. Such residential premises are provided under a lease agreement for specialized residential premises. This means the provision of such housing for the duration of work in the organization that provided housing, or for another period stipulated by the contract. Residential premises may be provided if the citizen does not have any other housing in the specified locality.

Issues related to the provision of such housing are regulated by Ch. 10 of the Housing Code of the Russian Federation (LC RF). The above residential premises are provided on the basis of a decision of the owner of such housing, who act on behalf of authorized state authorities or local governments. According to Art. 100 of the Housing Code of the Russian Federation, the right to use office premises arises on the basis of a concluded rental agreement .

In accordance with Art. 104 of the Housing Code of the Russian Federation, such premises are provided in the form of :

residential building;
separate apartment.

In addition, living quarters can be provided in a dormitory. In this case, the specified housing is provided at a rate of six square meters per person.

Conditions for transfer of ownership

The privatization of official housing, except for the clear prohibition set out in Law No. 1541-1, is not regulated in any way. But in recent years, cases of litigation over the right to privatize such objects have become more frequent, so by 2021, some practice has developed, which is explained by the decisions of the Supreme Court and clarifications from it. When deciding on the possibility of residents of departmental premises obtaining property rights, one should be guided by the articles of the Housing Code of the Russian Federation and take into account the constitutional rights of citizens. These regulatory documents allow you to coordinate controversial relationships and make the right decisions in difficult situations.

Privatization of departmental housing can be carried out by those persons who live there under a lease agreement concluded with the tenant and have not lost the right to use it. You can become the owner of office premises in two cases:

The tenant who legally owns the allocated square meters agrees to the procedure.
For a number of reasons, the living space lost its official status.

The variability of situations in each individual case allows us to expand the range of opportunities for those wishing to privatize departmental housing.

Owner's consent

Municipal housing can be privatized on a general basis; the administration can deny this right only based on the prohibitions set out in Law No. 1541-1. Departmental premises are privatized according to a different principle – licensing.

An employee of the Ministry of Defense or any other organization living in official housing has the right to submit an application for privatization, but only the employer himself decides whether to approve it or not. The absence of federal regulations in this area allows owners to set their own rules. Some enterprises regulate these procedures with internal local acts, which may contain information about who, when and under what conditions can obtain ownership rights to departmental square meters.

In some cases, you can do without the owner’s consent. Thus, military personnel receive the right to free square meters, which can be privatized in the following cases:

The serviceman was transferred to the reserve due to length of service.
The dismissal was made earlier due to health reasons.
Family members of a soldier who died in the line of duty.
The premature transfer to the reserve took place due to organizational and staffing measures.

Long-term cooperation with the employer is a good reason to obtain ownership rights, but does not guarantee it.

Removing service status

Employers had to submit an application to Rosreestr, supported by documents, with a request to assign the facility departmental status. Not everyone has taken advantage of this right, and today there are many residential premises that, although they were issued by tenants, are currently not listed as either departmental housing or municipal housing. Often such confusion was caused by enterprise reorganizations, bankruptcy and liquidation.

The absence of any official status gives the right to residents living in such living space to carry out privatization. This is legally regulated by Article 7 of the Housing Code of the Russian Federation, which clearly states that relations that do not fall under any regulatory document are regulated by housing standards that are suitable in this situation. Citizens file a lawsuit to recognize their right to the privatization procedure in relation to the disputed object.

Tenants have the right to independently transfer residential properties to the municipal fund. As soon as the transition has been documented, Law No. 1541-1 comes into force in relation to housing and it becomes possible to privatize it on a general basis.

Is it possible to privatize a service apartment?

The possibility of privatization of official housing is provided for in Art. 4 of the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation.” According to the above law, the decision on the privatization of such residential premises can be made by :

owners of housing stock;
bodies authorized by the owner;
enterprises to which such housing stock is assigned the right of economic management;
institutions that have the right of operational management of such residential premises.

Moreover, such a decision can be made only with the consent of the owner of the specified housing stock.

It is worth considering that in this case the owner only has the right to transfer such an apartment, but not the obligation.

In addition, service residential premises can be transferred to local government bodies by a state or municipal unitary enterprise. In this case, housing will be provided not as departmental housing, but under a social rental agreement . That is, in such a situation, the home loses its official status . Therefore, a citizen living there can participate in privatization without the above restrictions related to status.

Thus, a service apartment can be privatized . There are at least two ways:

Owner's permission for privatization;
Conclusion of a social tenancy agreement for an apartment, which, due to its transfer to a unitary enterprise, has lost its departmental status.

How to find out whether a service apartment or a municipal one

The key point in resolving the issue of privatization is understanding the status of housing . It is extremely important to understand whether the residential premises are classified as official premises or are deprived of such status. The easiest way to obtain information about the status of the property is by sending a request to the relevant authority, that is, the owner of the property (the one who provided the premises). It is important to request copies of documents according to which this or that housing was endowed with a certain status.

It is also necessary to determine the date of assignment of service status. Such status should be assigned to housing only before such property is provided to the tenant. This will mean that the residential premises were provided as departmental ones .

It should be noted that if such a dwelling was not registered as official, the citizen has the right to privatize it, despite the fact that the apartment was provided on the basis of labor relations that arose between the employee and the employer.

In this regard, the easiest way to clarify the issue of status is to send a request to the owner. Usually, in practice, there are no problems in obtaining a response to the specified request from the relevant authority. In addition, you can contact the territorial body of Rosreestr , where you can also find out information of interest on the status of the apartment .

Example

Lugashov V.A. turned to his employer with a request for information about the status of the apartment he occupied. Having not received a response to his request, Lugashov turned to the territorial body of Rosreestr, where he requested the above information. From the response provided by the said body, Lugashov learned about the lack of official status of his housing and initiated the privatization process.

List of documents for transferring official housing to municipal housing

It is enough to write an application to the organization on whose balance sheet the apartment is located, and they, in turn, will give you the rights to the apartment! But there are many pitfalls in this procedure - Firstly, it largely depends on the region in which the housing is located - since different regions may have their own decrees and resolutions on this matter, such as in Moscow dated 08/05/2008 No. 711-PP. Secondly, it is natural for you at each level of signature, officials will talk about the enormous complexity of this process and, to put it mildly, hint at a bribe, so it can be very financially expensive, but it also depends on the region and on the officials themselves on whose balance sheet the apartment is located.

Is it possible to privatize service housing?

The bill limited the applicants who can privatize office space.

Important! In addition, an employee of this category must live in this official residential premises for at least ten years. Moreover, the right to become owners of a service apartment will be possible only for conscientious employees who have not previously been brought to disciplinary and financial liability.

Is it possible to privatize service housing and how?

The transfer of official housing to social rent is carried out if the enterprise that owns the residential space agrees to this procedure.

This is the main difference from the privatization of ordinary municipal residential premises: citizens can privatize an apartment and local authorities only formalize the procedure, but cannot prohibit this step.

How to transfer a service apartment into ownership? As already indicated, the privatization of official housing is carried out only by permit.

Attention This is not a citizen’s right, but a step that the employer provides him. However, the probability of such privatization is not zero: an organization, for example, may have a program to attract employees with high qualifications and rare professions. In addition, some enterprises accommodate the employee halfway in order to simply remove living space from their balance sheet.

Privatization of service housing after March 1, 2021

Then the employee can file a lawsuit again and the decision will be made as quickly as possible with a positive outcome.

Thus, if the legal right to obtain housing ownership based on a court decision is not fulfilled for any reason, then the state must ensure the implementation of this right.

The owner will be required to change the status of the service apartment and transfer it to the municipality.

Registration of property rights takes place in the bodies that carry out state registration of rights to real estate on the basis of a decision of the judicial authorities. : Advice from a lawyer on how to privatize official housing. Summing up

To privatize a service apartment, it is necessary to change its status from service to municipal.

Therefore, a citizen living there can participate in privatization without the above restrictions related to status. Thus, the service apartment can be privatized. There are at least two ways:

Owner's permission for privatization;
Conclusion of a social tenancy agreement for an apartment, which, due to its transfer to a unitary enterprise, has lost its departmental status.

How to find out whether a service apartment or a municipal one The key point in resolving the issue of privatization is understanding the status of housing. It is extremely important to understand whether the residential premises are classified as official premises or are deprived of such status.

The easiest way to obtain information about the status of the property is by sending a request to the relevant authority, that is, the owner of the property (the one who provided the premises). This procedure, with a number of exceptions, is available to everyone - this means that it is possible and necessary to privatize office premises.

Who is eligible In the section above, we found out that the employee must work in the organization for at least 10 years. Then and only then will he receive the right to privatize housing from a special fund for free.

It remains to figure out who has the right to apply for the privatization of departmental housing. The list of persons is as follows:

public sector employees (deputies, officials, teachers, doctors, etc.);
employees of law enforcement agencies (Ministry of Emergency Situations, Ministry of Internal Affairs, FSB);
others (customs officers, judges);
agricultural specialists and environmental protection workers (forestry and fishing industries).

Special mention should be made of highly specialized specialists. As a rule, all conditions for productive activity are created for them.

Considering that the transfer of such property for privatization is the right and not the obligation of the owner, legal claims to change the status of the apartment are not satisfied.

A judicial perspective is possible only in case of obvious violations when changing the status of housing, and also if such property is not registered in Rosreestr as official property.

Such residential premises must be transferred to a state or municipal unitary enterprise, that is, its status must change. In this case, it is no longer official, and a social rental agreement must be concluded with the citizen living in the apartment. After this, a citizen may be more likely to privatize such a home.

The list of papers for transferring housing into private ownership in 2018 includes:

A normative act confirming the transfer of housing into municipal ownership.
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.
Copies of passports of all residents. For children under 14 years of age, a copy of their birth certificate must be provided.
Social rent agreement.
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 an 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. Reasons for refusal Privatization may be refused at the very beginning.

Even when submitting an application to the employer. In this case, you can safely forget about your ambitions to obtain housing. In addition, the municipality can also prohibit the transition to private ownership. This kind of refusal can be made due to the apartment not meeting the proper conditions or the presence of errors in the documents.

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.

Source: https://departamentsud.ru/spisok-dokumentov-dlya-perevoda-sluzhebnogo-zhilya-v-munitsipalnoe-2/

How to register a service apartment as property

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).

After submitting the application, the relevant authority reviews it and, if the answer is positive, privatization agreement is concluded After its registration, the citizen must contact Rosreestr to register ownership of the apartment. After submitting the application to the above authority (with a package of documents attached), Rosreestr issues an extract from the Unified State Register of Rights to Real Estate and Transactions with It, which confirms ownership.

It is also worth noting that if the owner of the residential premises refuses to satisfy the application for privatization, it is necessary to require the authority to provide such a refusal in writing .

Considering that the transfer of such property for privatization is the right and not the obligation of the owner, legal claims to change the status of the apartment are not satisfied . A judicial perspective is possible only in case of obvious violations when changing the status of housing, and also if such property is not registered as official property.

Transfer of official housing to social rent

It is possible to transfer housing provided to a citizen in connection with the performance of his work duties into social rental only if its owner changes . Such residential premises must be transferred to a state or municipal unitary enterprise, that is, its status must change . a social rental agreement must be concluded with the citizen living in the apartment . After this, a citizen may be more likely to privatize such a home.

It is worth recalling that such a transfer does not depend on the citizen and it is often impossible to influence this process. In this situation, the user of the home needs to carefully monitor the situation and not miss the moment of changing the status of the property. Otherwise, you may lose the opportunity to privatize the apartment.

Privatization procedure

The privatization procedure consists of several stages. At the very first stage, the citizen should have the opportunity for such privatization . To do this, the owner of such an apartment, in accordance with his decision, must allow the citizen to carry out privatization, or the housing must be transferred to the municipality, and therefore will lose its official status .

After the housing has lost this status, the citizen must submit an application to the owner of the apartment, reflecting his intention to privatize the housing . After this, the owner considers the specified application and makes a negative or positive decision . The consideration takes place in accordance with the legislation of the Russian Federation (including regulations at the local level). If the owner agrees to carry out such a procedure, a privatization agreement .

If the authority made a negative decision, then it is necessary to require such a refusal to be provided in writing . In this case, if possible, the citizen eliminates the shortcomings and resubmits the application .

With the above agreement signed by the authorized body, the citizen must contact Rosreestr, attaching the necessary package of documents, with a corresponding application. After its consideration, the citizen is granted ownership of the apartment, and a corresponding note is made in the register. After this, the privatization procedure ends.

The procedure for transferring municipal housing into official housing

Terentyev Bogdan

Categories
Civil law
Good night, dear jurists! Please answer the question, the apartment in which I live and am permanently registered with all 4 members of my family was provided to me under an official rental agreement for the period of my official duties (district inspector), the apartment has official status. The owner of the apartment, the local administration, is not against transferring it to me, that is, first removing it from the official category, with further transfer under a social contract. hiring, but with the condition of observing the law, so as not to have any troubles from the prosecutor’s office later. The lawyer of the local administration, after discussing this issue (my application), informed me that the administration has no legal grounds for transferring, dispossessing the apartment and transferring social benefits to me under the contract. hiring

How to privatize a service apartment

When state or municipal enterprises or institutions transfer to another form of ownership or during their liquidation, the housing stock that is under the economic management of enterprises or the operational management of institutions must be transferred to the economic management or operational management of the legal successors of these enterprises, institutions (if they are identified) or to management of local self-government bodies of settlements in the prescribed manner while preserving all housing rights of citizens, including the right to privatize residential premises. Good afternoon! In order to conclude a social rental agreement with you, it is necessary to transfer this apartment from a specialized housing stock to a municipal housing stock.

The procedure for transferring official housing to municipal housing

Attention After submitting the application, the relevant authority reviews it and, if the answer is positive, a privatization agreement is concluded between the parties. After its registration, the citizen must contact Rosreestr to register ownership of the apartment.

Features of privatization of official housing

The result of the privatization process is the acquisition of a service apartment. Question After how many years can a service apartment be privatized? I have been living in a service apartment provided to me by my employer for more than 5 years.

Features of the privatization of official housing Attention The bill has limited the applicants who can privatize official premises.

We are talking about scientific and medical workers, teachers, employees of social welfare institutions, employees of cultural institutions, physical education and sports organizations, rescuers of emergency services, fire service personnel, etc. Important! In addition, an employee of this category must live in this official residential premises for at least ten years.

How to transfer a service apartment to a municipal one?

Important Considering that the transfer of such property for privatization is the right and not the obligation of the owner, legal claims to change the status of the apartment are not satisfied.

A judicial perspective is possible only in case of obvious violations when changing the status of housing, and also if such property is not registered in Rosreestr as official property.

Transfer of official housing to social rental It is possible to transfer housing provided to a citizen in connection with the performance of his work duties to social rental only if its owner changes. Such residential premises must be transferred to a state or municipal unitary enterprise, that is, its status must change.

In this case, it is no longer official, and a social rental agreement must be concluded with the citizen living in the apartment. After this, a citizen may be more likely to privatize such a home.

The procedure for transferring municipal housing to service housing

How to transfer a service apartment to a municipal one? In this case, it is necessary to clarify this information in Rosreestr and, if such status really does not exist, go to court (if the owner does not agree to privatization). In such a situation, the courts also satisfy the claims.

Conclusion Service housing provided by various organizations is a temporary way to solve the housing problem. However, in this situation there is the possibility of privatizing such an apartment, which would be a solution to the above issue. To obtain this opportunity, several conditions must be met.

Privatization can be either voluntary or by filing a claim in court.

How to transfer a service apartment to the social category. hiring

Service housing is living space provided to a citizen in connection with his direct work. Housing is provided by the employer if such an employee does not have a home in the locality where he will carry out his work activities.

Privatization of such an apartment is possible if the owner agrees, or if such a dwelling loses its departmental status. You can find out this status by sending a request to the owner or to Rosreestr.

Privatization is formalized by sending an application from the citizen to the owner. In case of consent to privatization, a corresponding agreement is concluded between the owner of such property and the citizen. After this, the citizen submits the specified agreement with a package of documents to Rosreestr. Next, Rosreestr makes a note in the register about the new owner of such an apartment.

Privatization of service housing

Claim (sample) The claim is submitted to the district court at the location of the service apartment. The claim is addressed to:

to the employer with the requirement to transfer the house to the city balance;
addressed to the head of the municipality, with the requirement to accept the transferred premises on the balance sheet of the city.

Or the claim should indicate that, despite the fact that this premises has been transferred to the municipal fund, the authorities are making it difficult to privatize it. Here you can file a claim for the privatization of official housing.

Court decision If there are proper grounds, the court will rule in favor of citizens wishing to privatize the office premises they occupy. However, the court will not force the owner to enter into such agreements. This would be a violation of civil rights.

The Privatization Law does not contain provisions allowing the status of residential premises to be changed at the request of their residents.

articles Service housing - what is it? Transferring service housing to social rent How can a service apartment be converted into private ownership? The procedure for the privatization of official housing. Privatization of official housing by state employees. Privatization of official housing is quite a hot topic that worries many citizens living in dormitories and departmental apartments. On the one hand, the deadline for the privatization of a service apartment was extended again, pushing it back to March 1, 2021, but on the other hand, there are no guarantees that another postponement will be possible.

In order to complete the remaining time and not make mistakes in the process, it is necessary to take appropriate measures. Let's look at which ones exactly. Who is eligible? The right to receive ownership of office premises, if such a decision is made by their owner, has the citizens who occupy them under a lease agreement and registered in the prescribed manner.

That is, the subjects of privatization of service housing are practically the same as those of municipal housing. The difference is that the owner and tenants, in addition to the relationship under the housing tenancy agreement, are also connected by labor or service relations.

Privatization of official housing after March 1, 2021 Since the period for free privatization has once again been extended, it is now expected to end on March 1, 2021.

Consequently, the privatization of service housing after March 1, 2018 occurs under the same conditions as before. That is, their privatization is possible only by the owner’s decision to provide such an opportunity.

Orphans live in the apartment.

These categories of citizens can be evicted from official housing only if they are provided with other premises, which must be located in the same area.

Transferring service housing to social rent How to transfer a service apartment to social rent? We must warn you right away: due to the special legal status, it is almost impossible to privatize official residential premises.

In addition, the legislation directly prohibits the privatization of such premises on general grounds, so visiting the housing department of the local municipality on this problem is useless: this living space does not belong to the municipality, but to an organization or department, so the local government does not have the right to dispose of it. However, there is a way out for citizens in legislation.

Housing Code of the Russian Federation, the right to use office premises arises on the basis of a concluded rental agreement. In accordance with Art. 104 of the Housing Code of the Russian Federation, such premises are provided in the form of:

residential building;
separate apartment.

In addition, living quarters can be provided in a dormitory.

In this case, the specified housing is provided at a rate of six square meters per person. Is it possible to privatize a service apartment? The possibility of privatizing service housing is provided for in Art.

4 of the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation.”

Source: https://alishavalenko.ru/poryadok-perevoda-munitsipalnogo-zhilya-v-sluzhebnoe/

Judicial practice of privatization of official housing

There are several cases related to the privatization of official housing, when a citizen has a real chance to achieve privatization through the court:

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.

In addition, in practice there is often a situation where an employer can provide housing, calling it official, but in fact the apartment does not have such status . In this case, it is necessary to clarify this information in Rosreestr and, if such status really does not exist, go to court (if the owner does not agree to privatization). In such a situation, the courts also satisfy the claims.

Restrictions on privatization

Privatization as a procedure cannot be applied in every case. To carry it out, certain conditions must be present. According to the law, every citizen has the right to privatize living space, but only those who live in social premises legally, that is, have registration and a social tenancy agreement concluded with the local administration, can use it. Office premises do not fit into these categories because:

They are provided not by the state, but by a specific employer.
Between the parties there is simply a rental agreement, not a social lease agreement.

Read more: Is it possible to renew insurance if it is expired
? And the object itself is on the balance sheet of the enterprise, not the municipality, which does not allow it to be classified as real estate subject to privatization.

All these restrictions and conditions do not deny the very possibility of privatization. But unlike municipal property, office premises can be transferred to the category of private property only by permitting.

Many enterprises establish certain criteria, after fulfilling which the employee can privatize the allocated housing. This may be an additional measure to reward its employees for long and responsible work or a way to attract qualified personnel. Sometimes the privatization of official housing is carried out not thanks to, but in spite of, if the enterprise needs to get rid of the housing stock and responsibility for its maintenance.

Procedure for transfer of ownership

If you want to privatize departmental residential premises, you should be prepared for the fact that the process itself will differ from the standard procedure and take longer. If there are grounds for transfer of rights or the owner’s consent to this procedure, step by step it will look like this:

An application is written addressed to the tenant with a request to allow the privatization of the living space.
Permission is obtained from the employer.
A package of documents is being collected for the local administration. Its completeness should be clarified in advance, as it may differ from the standard one.
An application is being written for the privatization of the specified premises.
The papers are transferred to the Housing Department of the locality where the property is located.
Documents are reviewed for the allotted time, as a result of which a decision is made to allow or deny the procedure. The refusal must be motivated.
Approval of the application allows you to conclude a privatization agreement, which actually confirms the transfer of ownership rights to the housing.

Having received an agreement on the transfer of ownership rights, it is necessary to register them in the prescribed manner - through Rosreestr.

Submitting an application

Preparing an application begins with collecting documents. This stage is extremely important, since papers should be collected for all persons living in the premises. This list must include:

Passports of all residents over 14 years of age.
Birth certificate for children under 14 years of age.
Consent to privatization or refusal of it.
The tenant's permission to transfer ownership.
Rental agreement for living space.
Cadastral and technical passport of the premises.
Certificates stating that citizens have not previously privatized municipal or official housing.
Extract from the Unified State Register of Real Estate.

The list may be supplemented with other forms.

The application is written on specially designed forms. They can be obtained from the housing department or downloaded on the Internet. The application form contains a large amount of information. In particular, the following data is entered into it:

About the property owner.
Participants in the privatization process.
Residential property.
About the desire to become private owners of square meters.

The correctness of filling out the application, as well as the complete set of documents for it, is checked by the specialist accepting the application. After registering the application, you must wait for the final verdict, which will be announced within a month.

Read more: How to write a letter to Sobyan by email

Owner's decision

Privatization of service housing begins with the decision of the owner. You can get it by submitting an application to your employer. This document is written arbitrarily, the main thing is that it contains the following points:

On what basis and when was the residential premises allocated?
Information about the premises.
The number of persons living in the apartment, including all registered family members.
What reasons, in the applicant’s opinion, are decisive for issuing permission to transfer ownership.

The statement must fully explain the employee's position. It would be a good idea to support what has been said with references to internal regulations or state legislation.

The owner of the living space makes a decision not based on his personal opinion and preferences. He must take into account whether there are justified reasons for refusal or, conversely, approval. For example, the organization’s Charter may stipulate that after serving a certain continuous period, an employee has the right to privatize living space or other conditions.

The owner issues a decision in writing, regardless of whether it is positive or negative. The paper is certified by the manager’s signature and a round seal and must be registered as an outgoing document.

Conclusion of an agreement

A positive outcome of privatization is expressed in the conclusion of an agreement on the transfer of ownership rights. This document is concluded between the current and future owner of the residential premises. The agreement is drawn up according to the rules established by the Code of Civil Procedure of the Russian Federation. It must contain comprehensive information about the procedure being carried out, the rights and obligations of the new owner after taking possession.

The privatization agreement is proof that the office premises have passed into the possession of these citizens. It is filled out as follows:

Information about the residential premises is entered - address, size of the total and living area, number of rooms, etc.
Information about each participant in the agreement. Please note that the agreement includes information about all residents who receive their share of the premises.
The size of the shares is determined for each.
Information about the rental agreement, which allowed move-in and gives the right to stay.
Grounds for transfer of property.
Responsibilities assigned to new owners.

The agreement is signed by all participants in the privatization and by the representative of the municipal government responsible for the privatization of residential properties.

Is it possible to switch from commercial hiring to social hiring?

Housing provided under a social rental agreement is, in fact, free living space for you - an apartment, part of an apartment, a room, etc., which the city transfers to you for use for an unlimited period. In return, you must pay rent and utilities on time.

You can If new tenants are registered at their place of residence, the social tenancy agreement will be re-signed. However, the landlord, the Department of City Property, has the right to refuse to move in if the living space per each family member after the new tenant moves in is less than the norm for one person.

Since you do not own such a home, you do not have to pay property taxes on it, but you cannot, for example, sell it. At the same time, housing provided under a social rental agreement can be privatized, after which it will be transferred to your ownership.

Low-income citizens are residents of Moscow whose property security is less than the cost of the total living space, which must be purchased by family members to ensure the provision of living space per person according to the norm. Property security is defined as the sum of the value of property owned by family members and subject to taxation, and the monetary value of the income of all family members for the billing period.

In this case, the value of residential premises or parts thereof owned by family members is not taken into account. Housing is provided in You can find out your place in the queue by sending a request through the one-window service of the Moscow City Property Department. You will be provided with a response in writing within 30 days. Information about the waiting list can also be obtained online at mos. To do this, you need to indicate your last name, first name, patronymic, registration file number, year, district and area of registration.

Under a social rental agreement, residential premises located within the boundaries of Moscow are provided from the city housing stock. The size of housing that you can get is calculated based on the number of square meters per person - as a result, for each family member indicated in the registration file, there should be 18 square meters.

Moreover, if you already have housing on the right of use or ownership, its area will be deducted from the total area of the housing provided. That is, a family of four can get an apartment with an area of 72 square meters, provided that they vacate their own.

Or she can get an apartment with an area of 36 square meters, provided that she keeps her own, with an area of the same 36 square meters. Moreover, if there is a patient in the family who suffers from severe forms of certain chronic diseases, there should be a separate isolated room in the apartment or house.

The placement of different-sex family members, with the exception of spouses, in the same room is allowed only with their consent. Documents that the Department receives in the course of interdepartmental interaction. If they are not in the base register, you may be asked to provide them:. Any request you make to the City Property Department is registered, as a result of which a number is assigned to it.

With it, you can check the status of your request on mos. A social tenancy agreement is concluded by only one of the family members, but all the others are indicated in the document and have joint rights and obligations with him. The tenant, without the written permission of the remaining family members, cannot exchange housing or register other residents in the residential premises, either permanently or temporarily, with the exception of cases where one of the family members has minor children - no one’s consent is required for their permanent registration.

At the same time, family members, by common decision and with the consent of the landlord of the Department of City Property, can renew the social rental agreement, indicating in it as the employer any of the family members listed in the previous agreement. The contract must also be renegotiated in the event of the death of the employer. In all these cases, if the cohabitation of citizens deprived of parental rights with children in respect of whom they are deprived of parental rights is recognized by the court as impossible, such citizens, at the request of the legal representatives of minors, the guardianship and trusteeship authority or the prosecutor, may be evicted from residential premises without providing other residential premises, unless otherwise provided by the law of the subject of the Russian Federation.

In addition, you can be evicted by court if you fail to pay rent and utilities for more than 6 months without good reason. In return, you will be provided with housing under a social rental agreement, the size of which corresponds to the size of the living space established for moving citizens into a hostel.

The instructions are for reference only and are intended for most users. To find out what to do specifically in your situation, seek advice from: To determine how you can improve your living conditions, you can also use the online service of the Moscow City Property Department.

You can also read other mos instructions. How to get housing in social rent Who is given housing for social rent. What kind of housing can you get on social rent? How to draw up a social tenancy agreement.

What is social hiring? Who can receive housing under a social tenancy agreement? The following can apply for housing in social security: those who are registered as needing improved housing conditions, that is, everyone who registered for housing before March 1 of the year; those who registered as those in need of residential premises, that is, everyone who registered for housing after March 1 and was recognized as low-income citizens are residents of Moscow whose property security is less than the cost of the total area of living space, which must be purchased by family members to provide for the standard providing living space for one person.

At the same time, those in need of improved living conditions are first provided with housing, then those in need of residential premises. The following have the right to priority receipt of housing under a social tenancy agreement: Muscovites whose houses are duly recognized as unfit for habitation and are not subject to repair or reconstruction, including residents of five-story buildings being demolished in Moscow; citizens living in an apartment occupied by several families, suffering from severe forms of chronic diseases, in which living together with them in the same apartment is impossible; residents of communal apartments after the vacancy of the living space occupied by their neighbors, provided that they are on the housing register or have every reason to be accepted on it.

They are given vacated premises in their apartment. What kind of housing is provided in social housing? How to get housing for social rent? Submit an application and documents to make changes to the accounting file. In the application, you need to choose the method of providing housing - social rent. All Applicants must sign it - this is everyone who is listed in your accounting file. If necessary, provide documents for re-registration. This procedure is carried out at least once every 5 years.

It must also be carried out at least a year before the decision to provide housing is made and immediately before such a decision is made. This is necessary to make sure that you still have reasons to be on the housing register. Usually the procedure is carried out without the participation of a waiting list.

But if necessary, you may be asked to provide missing documents. Wait for the Department's decision. As soon as it is your turn to receive housing under a social tenancy agreement, while maintaining the grounds that allow you to apply for improved housing conditions, the City Property Department will issue an order confirming the possibility of concluding a social tenancy agreement with you, of which you will be notified by mail or by telephone.

Select accommodation. You will be offered a choice of 3 living spaces. You will have to inspect them at the appointed time and within five days notify the Department employees of your consent or disagreement to conclude a social tenancy agreement. If you are not satisfied with the residential premises, the selection of residential premises will be postponed until next year. Conclude a social rental agreement. If you agree to move into the housing offered to you, you and all members of your family will need to enter into a social rental agreement.

If they are not in the basic register, you may be asked to present them: a birth certificate if the birth certificate was drawn up and issued by the Moscow Civil Registry Office after March 31 of the year. Do all family members have equal rights after concluding a social tenancy agreement?

Is it possible to keep the old living space? Housing under a social rental agreement is provided: with the release of previously occupied space; in addition to the existing living space. Can they be evicted from such housing?

I still have questions. Where to go? In order to find out what to do exactly in your situation, seek advice: an appointment with the one-stop service of the Moscow City Property Department.

You can pre-register for a consultation at mos. Specialists advise citizens on housing issues in accordance with the schedule. Help desk specialists answer general questions daily. Tell your friends. See also. How to get help in improving your living conditions. How to get housing for free use.