Privatization of service housing (de-service)

The privatization of official housing began after the collapse of the Soviet Union: in the first half of the nineties. To this day, not all property in official use has the status of private property. About 80 percent of the housing that was at the disposal of residents under the terms of a service lease agreement has already been privatized.

There are certain categories of the population for whom it is not so easy to go through the procedure of denationalization of real estate, since it is official property. According to the regulations of the Housing Code, such property is not subject to nationalization. However, subject to certain standards, it becomes possible to become its full owner.

General rules

Departmental or office premises of the residential category are intended to provide shelter for employees of certain companies. When receiving this type of apartment, citizens do not enter into rental agreements and do not become home owners.

The office space is at the disposal of the citizen as long as he is an employee of the organization that provided him with the apartment.

Therefore, after the termination or expiration of the employment contract, the former employee must vacate the existing living space together with his family members.

But there are exceptions, and tenants can stay if:

1. The worker who received the apartment died or went missing due to the performance of his duties. In this case, the family has the right to remain in housing.
2. If an employee was injured at the enterprise, resulting in the assignment of disability group I or II.
3. If the employee who received the apartment retired.

Also, residents may not be evicted if there are orphans among them. However, it is worth noting that such citizens can still be evicted, but only if housing is provided with equivalent conditions in the same locality.

Conditions

If we talk about the privatization of official housing, then everything is quite complicated. The fact is that, according to the law, such apartments have a separate legal status, which makes it quite difficult to convert them into private property.

Unlike municipal housing, departmental apartments are on the balance sheet of the company that provides them. Because of this, general grounds for privatization cannot be presented to them.

But there is still an opportunity to get such an apartment into the ownership of an employee. To do this, the employer, who is the owner of the housing, must agree to privatization.

Through the court

If the administration of a department or enterprise refuses to consent to privatization, you can try to force it to do so. To do this, you must file a claim in court.

However, this is quite difficult and quite often does not bring much results. In rare cases, there are grounds to satisfy such a claim. But as a last resort, it's still worth a try.

Statement of claim

Claims when filed in court can be addressed to the municipality or to the administration of the enterprise that owns the housing.

In the latter case, it is necessary to indicate the requirement that the administration must contact the municipality and submit an application for the transfer of housing.

When filing a claim directly with the municipality, the requirement changes, and according to it, the housing must be transferred to the ownership of the citizen.

A sample statement of claim for the privatization of official housing is here.

The likelihood that everything will be decided in favor of the person filing the claim is, of course, low.

Read how to privatize an apartment in 2020 in the MFC. What is needed to privatize a summer cottage in 2020? Information here.

What is the cost of privatizing a land plot? Details in this article.

The legislative framework

The main legislative document regulating all types of privatization is Law No. 1541-1. The exact definition of the term “service housing” can be found in Article 93 of the Housing Code.

Also, when considering the issue of transferring official residences to private property, you will need to familiarize yourself with the Civil Code. It contains several articles regulating the transfer of real rights.

Features of privatization of housing for military personnel

The resolution of the situation regarding the privatization of housing by the military depends on the legal status of the military camp where the apartment is located.

So, if the military camp is closed, then:

• privatization cannot be carried out due to the special status of such entities;
• housing must be vacated after the end of military service or transfer to another place of service.

In other cases, the right to give consent for privatization is reserved to the Ministry of Defense. If the department gives permission, then the apartment is removed from the specialized fund and transferred into the ownership of the serviceman.

Privatization of service housing

Privatization of official housing can only be carried out if strictly defined conditions are met.

It is also worth noting that there are additional nuances for different categories of workers. They can either facilitate or significantly complicate the procedure for transferring housing into private ownership.

Apartments

When working remotely, employees may be presented with several types of housing. Depending on the situation, they can get a room in a dormitory or a full-fledged apartment.

Privatization of official housing is possible only in the second option, but not in all cases, but only with the consent of the employer.

Read where to start privatizing your garage. Interested in privatizing the land under your house? See here.

For military personnel

Military personnel move quite often due to their duties. At each new place they are required to provide housing if the employee does not have his own premises in the given area.

Moreover, if a military man does not have a family, then he can be allocated a room. Those who are married and have children are provided with a separate apartment. An interesting fact is that the number of children and their gender affect how many rooms there will be in the housing.

The military can privatize the apartment they receive if it is provided to them under a social tenancy agreement.

If the document refers to the hiring of official housing, then privatization will be difficult even upon retirement. As a result, the issue of housing problems among former military personnel is quite acute.

State employees

State employees are the same employees as those who work in non-governmental organizations.

The housing provided to them is also listed on the balance sheet of enterprises, not the state. Therefore, they are subject to the same rules for privatization of premises as other employees.

Stages of the privatization procedure

Privatization of a service apartment takes longer than regular housing. To undergo the procedure, you will need to obtain the consent of the owner:

1. First, the organization must transfer the residential premises to the disposal of the municipality.
2. Then the citizen, eager to privatize the apartment, writes an application with a package of documents to the municipal service responsible for the housing stock to grant him permission to alienate the property.
3. Papers are reviewed for compliance with legal standards.
4. A contract is concluded between the citizen and the municipality, indicating the transfer of ownership from the first to the second.
5. The next stage will require registration of the contract with Rosreestr.
6. Rosreestr subsequently issues a certificate of registration of ownership.

Papers and an application for nationalization are also submitted through centers for the provision of state and municipal services, if they are available in your city.

Registration procedure

As mentioned above, privatization of company housing cannot be carried out until the employer agrees to it. At the same time, cases of such transactions are not so rare. After all, quite often companies, in order to attract valuable employees, are willing to provide housing as a reward for their work.

The first step to get an apartment is to contact the administration of the organization. To do this, a corresponding application is submitted, the consideration of which can be carried out within two months.

If the answer is positive, privatization can begin. To complete the transaction you will need:

1. Rent an apartment from the company's balance sheet. After that it will go to the municipality.
2. Submit an application for privatization of an apartment to the administration of your locality.
3. Wait for an answer. The municipality may refuse to provide an apartment if there are inconsistencies in the documents.
4. If the answer is positive, draw up an agreement with the housing department and register it in the State Register.
5. After this procedure, the housing will become the property of the citizen.

List of documents

In order to avoid any hiccups during the privatization of a service apartment, you should prepare in advance and collect the documents that will be required during this process.

The list of papers for transferring housing into private ownership in 2020 includes:

1. A normative act confirming the transfer of housing into municipal ownership.
2. 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.
3. Copies of passports of all residents. For children under 14 years of age, a copy of their birth certificate must be provided.
4. Social rent agreement.
5. 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 the 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.

Finding an apartment in Moscow - nuances

In Moscow, Government Resolution No. 1056 of 1993 is in force, which provides for the possibility of using official housing for citizens who have worked at an enterprise that owns special housing for more than ten years.

Similar requirements are enshrined in the Federal Law “On the Status of Military Personnel,” which notes that obtaining home ownership is possible if:

• 20 years - the total duration of military service under a contract;
• 10 years or more - term of service under a contract, upon dismissal: upon reaching the age limit for military service, state of health, and for organizational reasons.

At the same time, there is a paradox in industry legislation, which nowhere says that upon dismissal, a serviceman receives ownership of the exact apartment in which he lived before. In addition, another law directly regulating the sphere of privatization in the Russian Federation notes that housing classified as:

• dormitories;
• military camps;
• service housing stock;
• emergency fund.

Obviously, it is possible to secure an apartment through the court. The law allows this to be done if it does not belong to the housing stock of a military camp or is transferred from the category of service to municipal property, which a citizen can receive on the basis of a social tenancy agreement. There is also a practice according to which the housing authority can conclude a social tenancy agreement for official housing. But this is the owner’s right, not an obligation.

What documents are needed to register a room or apartment?

In theory, we can start from the fact that the transfer of housing from official use is carried out by decision of the owner - the Ministry of Defense. The serviceman has the right to submit a statement to the owner, in which he substantiates the request for such a transfer of the occupied living space. There is no established form for such an application, and there is no established procedure for action in case of refusal. But today, the Russian Ministry of Defense has begun to enter into social rental agreements with military personnel for official housing, and this is a fact.

Therefore, the basic aspects of the question of how to manage housing are the following:

• It is impossible to privatize service housing against the owner's decision. Under current legislation, the disposal of such a fund, including alienation, is transferred to the competence of the Russian Ministry of Defense.
• You can privatize an apartment that is not a service apartment. It is important to clearly understand its legal status: who is the owner, who provided it (what order) and in whose jurisdiction it is located.
• It is possible to become the owner of an apartment only by a court decision (rarely by the decision of the owner).
• Current judicial practice shows that the courts are initially inclined to reject a claim for recognition of property rights through privatization. Therefore, it is important to involve a competent lawyer who is knowledgeable and versed in these issues.

Contact us to receive clear, specific advice on the procedure. Consultation by phone +7 (925) 772-49-22 and email is free! We successfully defend the interests of military personnel and their family members in the courts, helping to obtain housing ownership, and provide positive judicial practice. Use the services of a competent lawyer to avoid losing your apartment. And, it’s important, don’t sit idly by when you receive an eviction notice!

If you have any questions, call us at 8 (968) 663-91-63 and get a free consultation. In the Order a service section, you can ask us a written question, or request a free call back. We will call you back right away. You can count on competent advice from an experienced military lawyer, which is always specific and understandable for our clients. You can find the list of legal services we provide in the “Services” section.

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. Some of them are in relation to the company with the requirement to transfer the apartment to the municipality. The second contains a requirement for the administration to provide the opportunity to privatize housing.

But it is worth noting that Russian legislation does not provide for legislative acts that could protect an employee in such a situation.

Privatization of a summer cottage has its own characteristics. What is the list of documents required for privatization of an apartment? Information here.

Where to start privatizing an apartment? Details in this article.

Procedure

Ownership of office premises can be achieved either through pre-trial or judicial resolution of the issue.

The likelihood of a positive outcome increases if:

• find out who originally owned the housing provided for official use (to do this, you need to visit the territorial division of the archive and request the necessary documents);
• clarify on the basis of which agreement the move-in was made (social rent or service lease, in the first case everything is much simpler);
• find out whether the subject of the dispute has been transferred to municipal ownership (if so, it is likely that the court will be won);
• check the legality of assigning the status of a service apartment;
• find out when the apartment became a service apartment.

The last two points require special attention. The stamp on the order does not yet indicate the legality of the status.

First of all, you need to find out who and how made the verdict on including the apartment in the departmental category. Assignment of this status is carried out only by authorized bodies exercising control over the state, municipal or departmental housing stock.

An apartment can be recognized as a service apartment only in the period before it is provided to the employee for use. In addition, departmental premises must undergo a mandatory registration procedure with the Registration Chamber.

If at least one of the above conditions is not met, the apartment is considered to be occupied under a social tenancy agreement (even if in fact a service tenancy agreement was concluded between the parties). Thus, there is a chance to privatize the apartment through the court.

Arbitrage practice

Due to the fact that there is no law on the protection of employee rights during the privatization of official housing, most cases end in favor of the organization. It is rare that during the proceedings the court supports the plaintiff's side.

That is why, if you receive a refusal from your employer, you should not make such decisions. Otherwise, you may be left not only without an apartment, but also without a job.

Here is presented judicial practice on the privatization of official housing.

Legal basis

There is no separate law on the privatization of official housing, but the legal basis is disclosed in other regulatory documents.

So, in Art. 4 of Law No. 1541-1 specifies a direct ban on the acquisition of official housing.

Such regulatory regulation is aimed at ensuring that employees of departments and members of their families do not abuse the opportunity of privatization, because the provision of official housing is not related to the problem of improving living conditions, but only to the interests of a particular enterprise (service, department).

If every employee were given the right to privatization, the specialized fund would simply disappear and cease to perform its functions.

However, the issuance of departmental apartments as a way of social security for needy workers is not excluded.

Employees who have given most of their lives to work in a particular company and do not have their own housing can be encouraged by management with such a “gift”.

In general, in order to privatize office residential premises, it is necessary to transfer them to the status of municipal (state) ones.

This is achieved by transferring from specialized housing stock to the municipal (state) category. For this procedure, the consent of the owner is sufficient - in this case, the company that provided the departmental apartment.

Of course, in most cases, organizations are not interested in privatizing office apartments for their employees. And this right is used everywhere - the employee is simply denied a change in housing status without explanation.

The only way out if the landlord refuses to change the status of the housing is to go to court with a corresponding application.

A statement of claim is filed in the name of the owner of the premises, which indicates a request to exclude the apartment from the number of departmental ones.

Achieving a positive verdict is not so easy - most of the court decisions on this matter are not in favor of the applicant. However, there are exceptions. Often, the courts rule in favor of the plaintiffs if a departmental apartment is provided to a military personnel who has the right to receive permanent housing.

Privatization of apartments and houses in military camps through the court

Above we cited Art. 4 of the Law “On Privatization...”, which provides for a ban on the transfer of such objects into the ownership of citizens. But people were still looking for a way to transfer their official housing into their own property.

By order of the Rights. RF No. 349-r dated March 17, 2010 provided for the simplification of the privatization procedure in military camps . But today, military personnel can only obtain ownership of such apartments through the courts. If you come to the One Window service with an application, you will receive a refusal.

By 2020, a unified mechanism had not been created to ensure the process of transferring real estate in a pre-trial manner. So get ready for the meetings.

Documents for privatization of an apartment through the court

Will come in handy:

• extract from the house register;
• claim (statement of claim);
• photocopies of passports of all participants in the privatization of the apartment (birth certificates are provided for minors);
• photocopy of the social tenancy agreement;
• certificates from place of residence;
• extracts from ERGN;
• certificates from their BTI, EIRTS, KECH, JO, KEU, JP and other institutions.

Service apartment of a military man

Advice from lawyers:

1. Is it possible not to pay housing and communal services to a serviceman for a service apartment in a military camp?

1.1. Hello, I explain that according to clause 3, part 2, art. 153 of the Housing Code of the Russian Federation, the obligation to pay for residential premises and utilities arises from the tenant of residential premises under a lease agreement for residential premises of the state or municipal housing stock from the moment of conclusion of such an agreement. Thus, the serviceman you indicated, as the tenant of the residential premises of the specialized housing stock of the RF Ministry of Defense, is obliged to pay for the residential premises, as well as utilities

.

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2. We live in a service apartment, military personnel. Do I need to pay for major repairs?

2.1. Hello! You are not required to pay for major repairs, since you are not the owner of the provided housing. Your housing is for work purposes.

Did the answer help you?YesNo

2.2. The owner, that is, the Ministry of Defense, pays for major repairs. You have no such obligation. Article 169,170 of the Housing Code of the Russian Federation. Good luck!

Did the answer help you?YesNo

2.3. Hello! Only the owner of a residential premises in an apartment building is required to pay contributions for major repairs. You are not required to pay.

Did the answer help you?YesNo

2.4. Good afternoon. Major repairs are paid only by apartment owners. Therefore, you do not have to pay for major repairs, but you may have to reimburse the owner for these costs, if the contract provides for this.

Did the answer help you?YesNo

2.5. No, you are not required to pay for major repairs, since the obligation to pay for major repairs can only be assigned to the owners of residential premises, and you are not such owners.

Did the answer help you?YesNo

3. I am a military serviceman, when do I have the right to get a service apartment?

3.1. Upon arrival at a new place of military service, you have the right to receive official living quarters in accordance with Art. 15 Federal Law On the status of military personnel and Appendix No. 2 to the order of the Ministry of Defense of the Russian Federation of 2010 No. 1280.

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3.2. Depends on the rank and composition of the family. If you are single and have the rank of soldier-sergeant, then you are provided with a soldier’s dormitory. If it’s a family job, then submit a report and receive the official one in order of priority, if you don’t have any other housing at your place of service.

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4. I live in a service apartment, issued to me as a military man, with my wife and 2 children. He filed a claim for divorce, determination of the children’s place of residence, and collection of alimony. Please leave the children with me. After divorce, in accordance with Part 4 of Art. 31 of the Housing Code of the Russian Federation, the wife does not retain the right to use this residential premises. Can I combine the claim for divorce and eviction of my ex-wife from the company apartment.

4.1. No, this is a separate lawsuit.

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4.2. The right to claim the eviction of a former family member from a service apartment arises as soon as the status changes, i.e. after divorce. One thing follows another. First divorce, then eviction...

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5. I lived with my husband and two children in a service apartment from the Russian Defense Ministry, because he is a military serviceman. We are all registered at this apartment. Now I divorced him because he beat me and kicked me out into the street with my sick children in February. Now he tells me to leave this apartment on good terms. He does not communicate with children, because he immediately brought another woman with a child. Can I live in this apartment with my children, or do I need to fit in, since I am no longer the spouse of a military man?

5.1. As long as you have registration at your place of residence in a service apartment, you have the right of residence.

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5.2. Unless you are in the military. If you have nothing to do with military service, you will be discharged from official housing on the basis of this. That you are no longer a member of the family! However, in the event of beatings, you have the right to contact the military prosecutor's office or the military investigative department. (you can just go to the police, undergo an examination and give evidence) You can come and evict those who are not registered, you can and you can’t! You can. But then you will have to use force. And this will work against you... and you will still be evicted.

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6. Military person. Two years ago I got an apartment. I registered it for myself, my wife, and my daughter in equal shares. Now divorced. I transferred my share to my wife. Checked out of the apartment. There is no intrigue either. Do I have the right to register with the unit? Do I have the right to receive official housing?

6.1. If the apartment was received at your place of service and you were no longer transferred, then you cannot register or receive a service apartment. In this situation, it is necessary that you be transferred to another garrison, then the above rights will arise.

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7. Divorced from a military man 5 years ago. Registered with the child in a service apartment. We have no other housing. Is it possible to privatize the apartment?

7.1. Without the consent of that party to the rental agreement for office housing - no. Law of the Russian Federation dated July 4, 1991 N 1541-1 (as amended on December 20, 2017) “On the privatization of housing stock in the Russian Federation” Article 4 Article 4. Residential premises are not subject to privatization

, located in disrepair, in dormitories, in houses of closed military camps,
as well as office residential premises,
with the exception of the housing stock of state farms and other agricultural enterprises equated to them, and the housing stock of stationary institutions for social protection of the population located in rural areas. The owners of the housing stock or bodies authorized by them, as well as enterprises to which the housing stock is assigned the right of economic management, and institutions to whose operational management the housing stock is transferred, with the consent of the owners, have the right to make decisions on the privatization of service residential premises and housing located in rural areas fund of stationary institutions for social protection of the population.

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7.2. Service housing is not subject to privatization.

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8. We are a family of military personnel, we have a minor child. All three are registered in the unit. We have a social tenancy agreement for an apartment (service housing). Now we need to rent out this apartment, providing certificates of no debt for housing and communal services. In TGK 14 (heat generating company), in addition to the meter data, we were asked for a certificate from the passport office stating that the child was not registered in a service apartment. How legitimate is such a demand?

8.1. Good afternoon, Ekaterina! This requirement is lawful, due to the fact that a minor child cannot be deregistered without the consent of the parents and (or) “nowhere”.

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9. Husband of military personnel, housing on social rent. The window has become unusable and you have to replace it yourself. Are we entitled to a partial refund? The apartment is a service apartment and is owned by the Ministry of Defense.

9.1. Yes, it should be, but you must have an agreement and the conditions are spelled out there, hence the further actions.

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10. I am a military man, 24 calendar years of service, a combat veteran, I am leaving at the end of my contract, I am recognized as in need of housing and am in line to receive a subsidy, I am currently provided with a service apartment. Question: will I be evicted from the service apartment after my dismissal before receiving a subsidy? How to argue if they are forced to rent out housing. 'Information from the legal social network https://www.9111.ru was used'

10.1. How to argue if they are forced to rent out housing. The provisions of Part 1 of Article 40 of the Constitution of the Russian Federation: “Everyone has the right to housing. No one may be arbitrarily deprived of their home

«,

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10.2. Until the right to permanent housing is exercised, you do not have the right to be evicted from the occupied office premises. Send all dissatisfied people to court. See the Decision of the Judicial Collegium for the Cases of Military Personnel of the Supreme Court of the Russian Federation dated September 14, 2016 N KOPI 16-44

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11. I am a military man. 24 years of service. Declared to be in need of housing. I live in a service apartment, where I am registered with family members. The contract has ended, I'm waiting to be fired. They are starting to put pressure on me to rent out housing.

11.1. The contract has ended, I'm waiting to be fired. They are starting to put pressure on me to rent out housing. Why give it up? Live until you are evicted by the court.

Did the answer help you?YesNo

11.2. You do not have the right to evict you from the occupied residential premises until you exercise your right to permanent housing. Send all dissatisfied people to court. See the Decision of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated September 14, 2016 N KOPI 16-44.

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12. Is the serviceman entitled to housing? Previously, he received housing under a social tenancy agreement for himself and family members; he did not participate in privatization; family members privatized the housing; in the event of a divorce, the apartment went to family members, and the serviceman himself was left without housing; he had never been privatized anywhere before. did not participate; he is registered in official housing, which he must vacate upon completion of his service.

12.1. It's no longer allowed. Housing is provided to military personnel once.

Art. 15 Federal Law - 76. Why didn’t you participate in privatization? Then you would have your share.

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12.2. If more than five years have passed since privatization, an ACTIVE serviceman is entitled to housing.

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13. I am a military servicewoman, I move into a service apartment, the previous residents demand money from me for windows, doors, radiators, etc. Am I obligated to pay for all this, if so, what%? Thank you)

13.1. Hello) No, you don't have to. The owner of the property is the Ministry of Defense of the Russian Federation, so all claims should be against them.

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13.2. Tatiana! You receive an apartment not from the previous residents, but from a government agency, in your case, apparently, the Ministry of Defense of the Russian Federation. Former residents should discuss all issues of current repairs with the Housing Department of the Ministry of Defense of the Russian Federation. Service housing was provided to you in accordance with Article 104. Provision of office premises

Housing Code of the Russian Federation 1. Service residential premises are provided to citizens in the form of a residential building or a separate apartment. 2. The categories of citizens who are provided with office living quarters are established: 1) by the government body of the Russian Federation - in the housing stock of the Russian Federation; 2) by a government body of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation; 3) local government - in the municipal housing stock. 3. The contract for the rental of office residential premises is concluded for the period of employment, service or holding a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation or in an elected position. Termination of employment relations or tenure in a government position of the Russian Federation, a government position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service is grounds for termination of the contract for the rental of office residential premises.

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14. I am a military man. I live in a service residential building; at the moment there are defects in the apartment that did not appear due to our activities (settlement of the walls, deformation of the wallpaper, cracks in the finishing coating). I would like to make a statement to the Landlord. I need a sample. Thanks in advance.

14.1. Drawing up claims in the personal messages section, if the housing is official, who is your landlord, you need clarification on the specific situation.

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15. Mom got married 5 years ago, now she is 70 years old, her husband is a military serviceman (retired), they currently live in a service apartment of the Ministry of Defense, my mother wants to register for a living space with her husband, is it possible to do this, there is a warrant from the documents, where Only her husband is registered.

15.1. Maybe of course. I just don’t understand why this apartment is still a “service” apartment?

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16. I have the following problem: my husband, a military man, found out a week ago that he was being transferred to a new duty station in Kazakhstan, etc. Now that we are in quarantine, we are being sent on a military flight on June 16th. We started renting out a service apartment and faced the problem of getting out of it. The thing is that we have a son (17 years old) studying in Irkutsk, and we are required to have his personal presence in order to check out of the apartment; at the moment there is no way to bring him. Please tell me how we can register it remotely?

16.1. To deregister a child over 14 years old, his personal participation is really required. A child can apply for de-registration by contacting the multifunctional center at his/her location. There is no way you can discharge him without your son, even by proxy.

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16.2. Good afternoon If a citizen in another city registers at his place of residence (registers), he will accordingly be automatically deregistered in the first city.

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17. My husband’s contract ends on June 18, 2020. We have been in line for a subsidy since August 2020. In RUZHE they are threatening to kick me out of my official apartment in the very first days after my dismissal. Registration is permanent for all family members; the child is a minor. We have a new microdistrict, specially built for military personnel, that does not belong to the administration, but directly to the Ministry of Defense. Mirny, Arkhangelsk region.

17.1. Hello, until your spouse exercises the right to housing in the C form, RUZHE does not have the right to evict you from the occupied residential premises; the court will have to refuse to satisfy these requirements. Moreover, RUGE usually enters into obligations with military personnel to vacate the occupied residential premises within 4 months from the date of transfer to the account. See the Decision of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated September 14, 2016 N KOPI 16-44.

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18. My husband’s contract (military) was terminated. We live in a service apartment and are registered with the unit. We have two underage children. What is the deadline for vacating a service apartment? And how will the discharge take place?

18.1. You have the right to evict in court. As a rule, the period for vacating a residential premises is 3 months.

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19. For how long can a foreign citizen be registered with an indefinite residence permit if the apartment is official housing for military personnel?

19.1. Hello Maxim. In this situation, a foreign citizen can be registered for the duration of the residence permit, i.e. the registration period is equal to the validity period of the residence permit. The only residence permit needs to be changed like a passport, at 14, 20, 45 years old, and therefore during the period of changing the residence permit, it will not be possible to register a foreign citizen in the apartment. Thank you for your time, with respect, Alexander Vladimirovich.

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20. Is a housing contract required when renting out official housing to military personnel? There is a permanent residence permit in this apartment.

20.1. An unclear question: why is there an agreement in such a procedure? The procedure itself is formalized in an act, unless you make sure of this once again by looking at the terms of the contract.

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20.2. The delivery of service residential premises is formalized by an act of acceptance and transfer with the participation of members of the commission of the military unit, after which this document is sent to the RUGE MO for issuing a certificate of delivery of the residential premises.

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After receiving a housing subsidy, a serviceman purchased housing in another region (2000 km from his place of service).

I am a military serviceman, and I have a share in a privatized apartment at my place of service, do I have the right to be recognized as needy and receive official housing?

I am a military woman and I live with my husband and son (they are civilians) in a service apartment (my son and I are registered in the service apartment, my husband is in another place)

I'm a soldier! When I was married and the Semite consisted of 3 people (me, wife, child)

My husband, a military man, submitted documents to recognize us as needing service housing.

I am a military serviceman, 20 years of service, recognized as in need of improved living conditions, I live with my family in a service apartment, I want to terminate my contract.

I am a military man, married, have a daughter. 21 years of service. We live in a service apartment and have been recognized as in need of permanent housing.

I am a military man, married, have a daughter. We live in a two-room service apartment.

I myself am a military serviceman; from June 2013 to January 2020 I lived in a service apartment under a social security contract.

I am a military man, I live in a 2-room service apartment and a child was born.

My husband is a military man, 20 years of service. We submitted documents for a subsidy, only he was approved, but not me.

What is the complexity of the procedure?

A person using service residential premises from a specialized housing stock must remember some of his responsibilities:

1. Use it for its intended purpose;
2. Treat it with care;
3. Pay due payments on time;
4. Carry out routine repairs at your own expense;
5. Without obtaining special permits, do not carry out redevelopment.
6. 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.

What happens if you don’t privatize the apartment? Can they be evicted from official housing?

The general basis is simple: when the employer-employee relationship ends, you can pack your bags. But there are categories of citizens who are protected by law from eviction. Those. they can remain in the owner's association even after the severance of official legal relations with the owner.

Art. 2 of the RF Housing Code lists these categories:

• citizens who have worked at this enterprise for more than 10 years;
• people who receive an old-age pension (and whose status is confirmed by the corresponding pension certificate);
• disabled people of the first two groups who lost their ability to work for one of the reasons: 1) occupational disease; 2) in the performance of official duties; 3) due to the employer’s failure to comply with labor safety conditions;
• family members of an employee killed/missing in the line of duty;
• family members of an employee who died due to a work-related injury/illness;
• family members of the deceased employee.

The above categories of citizens can leave official housing . But this can only be done if equivalent real estate is provided in the same locality. The corresponding requirements are prescribed by clause 3 of Art. 103 LCD.

What can we say as a result? The general rule is that military personnel, officials, officers, and employees of the Ministry of Emergency Situations cannot privatize official housing.

But at the same time, the legislation provides for 2 loopholes that still allow the procedure to be carried out (judicially or non-judicially) . But get ready for the fact that you will have to collect documents and defend your interests.

Video: Privatization of official housing

Privatization opportunities

It is still possible to privatize the desired square meters. Here are three options.

1. Option 1: If the service residential premises were built or acquired by a commercial organization at its own expense, and then were transferred to the residents, the right to use the apartment under a social tenancy agreement is not recognized.
2. Option 2: If the official residential premises belonged in the past to a state enterprise that voluntarily transferred the housing stock to local authorities. In such a situation, residents, if they wish, may be recognized with the right to use housing on social rental terms with the possibility of changing status if the state enterprise has not been privatized, corporatized, or reorganized. The time of transfer of the housing stock by the state enterprise to the municipality (before or after the approval of the Housing Code of the Russian Federation) does not play a role in this issue. If the enterprise continues to remain state-owned and does not transfer the housing stock to the municipality, then the official housing retains the same status, and its residents cannot count on privatization.
3. Option 3: according to the privatization law, privatized housing is transferred to the state. But if service residential properties hang on the balance sheet of former state-owned enterprises long ago reorganized into commercial ones and are never transferred to municipal ownership, then in such a situation the reluctance of the municipality to accept the housing stock into its ownership makes it possible for residents of service apartments to enter into agreements with the further privatization of service housing.

Legislative norms

On July 4, 1991, a regulatory act was introduced - Law No. 1541-1, which regulates all issues of privatization.

The law highlights the specifics of the procedure:

1. There is no privatization fee;
2. a person makes a decision to carry out privatization on a voluntary basis at his own discretion;
3. Each person has the right to carry out privatization no more than once in his life.

At the same time, there are a lot of other related actions that you will need to pay for. For example, issuing an extract from the Unified State Register will cost 200 rubles, a housing technical plan will cost 1 thousand rubles, and carrying out cadastral work will cost several thousand rubles. Notary agencies independently set prices for their services.

You can exercise your right to privatization at any convenient time. Previously, there was a restriction regarding the deadline for exercising the right, but at the beginning of 2020 it was canceled.

The legislation establishes a list of real estate objects that are not allowed to be privatized:

• objects with emergency status;
• dorm rooms;
• living space located within closed military camps;
• service housing.

If the applicant for privatization was refused on other grounds, then he has the right to challenge the negative decision.

The right to privatization is available to people who have worked for at least 10 years in the following areas: