Law Club Conference
and if the subject does not in any way regulate the grounds and conditions for the privatization of these residential premises, then what?
Is it simply impossible or can it be transferred into ownership without privatization? ok, but if this is my expression of will, while I submitted an application and the organization petitioned for removal from the official category. We recommend reading: Article 166 of the Criminal Code of the Russian Federation with comments. After all, I can now submit an additional application for transfer of ownership.
and in social hiring?
It seems to me that this does not fit with the housing code, namely with articles 49, 51 and 52.
Vladelets.ru - real estate transactions
After its registration, the citizen must contact Rosreestr to register ownership of the apartment.
Attention
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.
How to transfer official housing to social rent through the court
Based on the foregoing, taking into account the fact that the exercise by participants in civil proceedings of their rights should not violate the rights and legally protected interests of other persons, the court, in accordance with Art.
Law Club Conference
and if the subject does not in any way regulate the grounds and conditions for the privatization of these residential premises, then what?
Is it simply impossible or can it be transferred into ownership without privatization? ok, but if this is my expression of will, while I submitted an application and the organization petitioned for removal from the official category. I can now submit an additional application for transfer of ownership.
and in social hiring? It seems to me that this does not fit with the housing code, namely with articles 49, 51 and 52.
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: Documents for a notary to certify form 14001
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.
Privatization of service housing
The latter include apartments and rooms that citizens receive not under social tenancy agreements and not as property, but in connection with work.
Housing of this kind is transferred to citizens for use by agreement, and the validity of this document does not exceed the term of the employment contract. As soon as the work activity ends, the tenant and his family members must leave the service housing and look for a new apartment on their own. The exception is the following cases: family members of a firefighter, military man or an employee of one of the law enforcement agencies who died or went missing while on duty live in the house; family members of ordinary deceased employees; the employee who received the housing has retired due to old age; The employee has a class I or II disability.
We recommend reading: Notarization of an apartment purchase and sale agreement
Service apartment... what can you expect?
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 of a service apartment
What should this category of residents do? Do they have a chance to transfer the departmental apartment into private ownership?
Lawyers at the law firm Mirzoev Group note that judicial practice on official housing knows more negative examples than positive ones: many employees were denied privatization due to the end of their employment contract or due to the unilateral termination of the rental contract by the owner (enterprise). What is this - a departmental apartment? The concepts of housing on social rent and housing under a rental agreement should not be confused, although they sound almost the same to the average person.
Conversion of office space into social rental. impossible?
- 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.
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. If this is done, then privatization is carried out in accordance with the general procedure, since such housing is considered to be provided under the right of social rent. A number of legislators have proposed a draft law according to which the right of public sector employees to privatize official rental housing allocated to them from the municipal fund should be considered unlimited. This is about:
- doctors;
- teachers;
- scientific workers;
- employees of cultural and social protection institutions;
- employees of federal services.
In rural areas Establishing a ban on the privatization of official housing, Article 4 of the privatization law makes one exception.
How to transfer a service apartment to social rent
Khimki, st.
Engelsa, 2 (direction. opening hours: Mon.–Thu.
9:00-18:00; Fri.
9:00-16:45; Sat.
9:00-13:00). The cost of a technical passport depends on the preparation period: 30 days 4000 rubles.
14 days 7000 rub. can be done within a week for 10 thousand (I don’t remember exactly).
Payment is made there, through the terminal, but with a commission of 3%, so it is better to take money with a small margin. Please note that the terminal does not give out change, but offers to transfer the balance to your mobile phone balance, and regularly freezes.
