All the intricacies of obtaining municipal housing

Despite the scale of the process of privatization of residential real estate, at this time there are still apartments belonging to the municipal authorities or service ones. Accommodation in them is carried out on social rental terms, but this does not mean that residents do not have any rights in relation to their housing.

A non-privatized apartment becomes a home for residents for a long time; many issues need to be resolved in it, for which registration is required. Those who live in municipal housing and have signed a rental agreement can register here, as well as register other people, their relatives, there.

But the issue of registration in municipal housing should be decided by all residents, with their consent. Registration is carried out taking into account the norms of the law; violation can lead to punishment for the perpetrator and a fine.

The question of whether it is possible to register a person in a non-privatized apartment has a positive answer. But you must complete the entire process sequentially. If you have any problems, you should seek help from a good lawyer and look for information on legal websites.

Consent of all residents

In order to register in non-privatized housing, you must have the consent of everyone living in it. Therefore, if you need to register a stranger in a municipal apartment, you should first talk with family members, discuss this problem, perhaps someone living in the house is not happy with the situation. Who can be registered without the consent of the residents?

A minor child has this right; the law protects his rights and allows registration without any conditions. It is only important that one of his parents is already registered here . But registering an adult daughter in a municipal apartment will require discussion and consent of other people registered here and the landlord.

Why do those who are not poor live in council houses?

The wonderful neighbor Elena was talking about, as it turned out, is Sergei Zapalov. For a long time he was also the manager of houses on Raadiku from the ISS company. At first the thought arose that perhaps he had been given a council apartment to make it easier for him to manage the houses. However, when studying the regulations by which the city issues housing, it turns out that municipal apartments in Raadiku are provided mainly to police officers, firefighters, doctors and teachers. That is, the workers the city needs. However, there is no mention of managers in the act.

Municipal housing is also provided to young families and forced tenants - that is, those who live in a rented apartment and whose income is low. However, according to the above-mentioned act, if a person has his own home, he is no longer in need in the understanding of the law. This is also stated in the concluded rental agreement for municipal housing: if your circumstances on the basis of which you were given an apartment change, you are obliged to immediately notify the City Planning Department.

An oversight or a privilege?

Elena’s words are confirmed by the Land Register: Sergei Zapalov actually owns an apartment. And Elena actually doubts that he let his friends live there: “Imagine, you buy an apartment on credit, for which you have to pay every month, and let your friends live there for free? The people I talked to said they were renting.”

She notes that she has nothing personally against Zapalov - as a member of the board, he copes with his duties quite well.

“But when I hear another advertising and hypocritical nonsense from the city, I want to scream,” says the woman. “At first he said that he lives on Raadiku, then I came across an article that talked about this city housing program, where an official clearly told how they help the poor. And I, as an ordinary city resident and taxpayer, would like to know why a city official says one thing for the newspaper, but in reality I find out something else?”

Elena emphasizes that, apparently, this is just a discrepancy in the scheme for concluding a rental agreement, which Zapalov simply took advantage of.

“By the way, he knew - he simply cannot help but know, because he concluded all these agreements - that this was not legal. Or is this a privilege for him, as for a person associated with this system?” – the woman asks questions.

Sergei Zapalov refused to shed light on this situation. When MK-Estonia contacted him, when asked whether he lived in a municipal apartment, he said:

“Do I have to answer you something? I won’t answer anything.”

The ISS company told our newspaper that Sergei Zapalov no longer works for them. But they did not answer when the employment relationship ended and for what reason.

Nevertheless, according to neighbors, Sergei Zapalov continues to live in a municipal apartment.

If you have your own, you can’t!

In this regard, a reasonable question arises: how can this be and really don’t officials check whether the applicant for municipal housing meets the requirements? And are the rumors that it’s enough to move in there, and in the future they will calmly renew the contract, without really controlling anything, have the circumstances changed, are they true?

The City Property Department assured MK-Estonia that no. And that they carefully control everything - both at the conclusion of the first contract and in the future.

“According to Resolution No. 17 of 02.22.2010, which establishes the procedure for applying the second housing program on Raadiku Street and renting it out, those who own the property and their family members do not have residential premises or membership in an association can apply for a municipal apartment building (hooneühistu) in Harju County, which gives the right to use this residential space, officials explain. “The availability of real estate is checked when renting out an apartment.”

The availability of real estate is also checked when renewing the contract. The contract is concluded for a maximum of five years. And it can be extended if there are still reasons why the person or family was given a municipal apartment.

In other words, if a person was given an apartment to rent five years ago, then, in principle, he can sleep relatively peacefully. There are hundreds and thousands of residents in municipal apartments; theoretically, officials cannot check all of them using real estate registers every month.

“But we check the availability of real estate randomly or closely if specific information is received,”

- officials emphasize.

In the case of Zapalov, they promised to find out and sort everything out. But they couldn’t comment more specifically - the Personal Data Protection Law prohibits them from doing so.

Cunning inventions

For the purpose of the experiment, MK-Estonia decided to conduct a survey on Raadiku Street near municipal houses and find out if anyone knows someone who knows someone who is renting a municipal apartment in the same way, without actually having the right to do so. And they came to the conclusion that this is not happening to Zapalov alone.

One “need” has been living in England for many years, and quietly rents out his apartment to friends. He comes here only when he needs to renew his contract. He doesn’t want to give up the apartment - because it’s some kind of income, and in general it’s good to have a place to return to if something happens. And although he has his own house in England, a municipal apartment in Tallinn also warms his soul well.

Another “need” received housing from the city several years ago as a single parent. But he had been dreaming of his own apartment for a long time, and two years ago he figured out how to extend the contract for three years and buy his own apartment the next month. The second generation now lives in a municipal apartment - a daughter and her husband, they have no children, they are not the specialists needed by the city, but since the rest of the children in need are minors, the apartment is actually listed as issued to a young family.

The third “need” once worked in an institution whose employees were given municipal apartments as employees needed by the city. But the teaching profession is a difficult one, and he has not worked there for several years. Nevertheless, he continues to live in a municipal apartment with his other half, and his contract was extended several times after that.

The fourth “need” received housing a little less than ten years ago, when he still had a minor daughter. But the daughter has grown up, has already bought her own apartment, and the man continues to live in the municipal one. This year, by the way, I inherited a 3-room apartment from my mother. But in order not to lose municipal housing, he quickly transferred it to his daughter, and continues to live as a needy person and without a roof over his head in a municipal apartment.

How is registration carried out?

Who can register in a non-privatized apartment belonging to the municipal housing stock? This can be done by the landlord and his family members. If you then need to assign someone else, you will need written consent from everyone already assigned:

• First, you should go to the local administration and write a statement regarding the registration of one more person.
• If the local administration has no objections, it gives permission, and other family members also sign such a statement.
• The next step is for the person who needs registration in a municipal apartment to submit a passport for registration.

Concept and purpose of a social tenancy agreement

A social tenancy agreement is a bilateral agreement that determines the employer's employer. In this case, the landlord transfers the residential property to the tenant for use (from the housing stock (state or municipal).

Have you received maternity capital and don’t know whether you can use it to build a house? The answer is here.

The lessor can only be the state or municipality. Any adult capable person who is a citizen of the Russian Federation can act as an employer.

The Housing Code establishes the grounds on which a DSA can be concluded with a citizen:

1. Establishing the fact that a citizen needs housing;
2. Establishing a citizen as a low-income person.

An example of a contract for municipal housing.

In order to recognize the difficult financial situation of a citizen, certain conditions must be met:

1. The applicant's family does not have living quarters;
2. The actual unsuitability of the applicant’s existing housing for living;
3. The presence of diseases in the applicant’s family members that may pose a certain danger to others;
4. Insufficient living space.

Type of residential property provided under a rental agreement

There are no restrictions on real estate; it can be a residential building or an apartment. It is even possible to transfer part of the house.

The main thing is the isolation of the room, suitable for living. The facility must be technically sound and also have the minimum area required by law. The requirement is also the minimum area established by law.

What kind of housing is recognized as unsafe and how it can be recognized as such, read this article.

Who acts on behalf of the lessor when transferring municipal property

A social rental agreement can be concluded with the administration of a municipality or with the housing department of a locality.

Documents for concluding an agreement

1. Passports or other documents identifying the employer and his family members, as well as their copies;
2. Application for provision of residential premises;
3. Certificate of family composition and other documents confirming relationship;
4. Documents confirming low-income status;
5. Other documents established by a specific municipality.

The municipality will review the submitted documents for up to thirty days, after which it is obliged to provide the employer with a decision within three days. Further, in case of a positive decision, the tenant and his family members get in line for the provision of living quarters.

You have been accused of intentionally worsening living conditions, but you do not know what it is and what you may face in this case - read the article at the link.

The length of the queue depends on the state of the housing stock of a particular municipality. It is possible to receive housing out of turn if the person in need lives in a building that cannot be repaired, as well as if one of his family members suffers from an acute form of a dangerous disease (the list of diseases is established by the state). Priority provision is also provided for disabled people.

A sample social tenancy agreement can be downloaded here.

Reasons for refusal to provide housing may be:

1. Lack of the required list of documents.
2. Committing actions that resulted in intentional deterioration of property status. That is, a citizen deliberately tries to present himself as low-income in order to obtain social housing.

The legislator does not provide for other conditions for refusal.

Rights and responsibilities when living in a municipal apartment.

Essential terms of the agreement

1. Data of the parties, that is, the municipality and the employer;
2. An indication of a positive decision on the provision of housing, details of such a decision;
3. Passport and other data of family members living together;
4. Information about the property;
5. Conditions for termination of the contract;
6. Mutual responsibilities as well as rights;

How to exchange a municipal apartment, watch this video:

It is worth remembering that state registration of DSN is not provided for by current legislation!

The employer can terminate the contract unilaterally. However, he will need the signatures and consent of all persons living with him who have the legal right to such residence!

What is the standard living space and how is it determined - details here.

The contract is terminated in the event of actual destruction of the residential premises, as well as in the event of the death of the tenant. In the event of death, members of his family may demand that the contract be re-signed with one of them.

Check-in

Only those people who have the right to live in it can register in an apartment. Therefore, it is important to separately consider the occupancy of family members and the occupancy of strangers.

ATTENTION! In order for someone from strangers, not family members, to settle here, you will need permission from the municipal government, whose property is the apartment. The authorities do not always give such permission; sometimes legal difficulties arise.

Temporary and permanent registration

If you need to register someone in an apartment, you need to take into account different types of registration. Permanent registration gives many rights to housing. In particular, the registered person will in the future be able to claim part of the housing and participate in privatization. Related to this is the legal requirement for the consent of all residents.

What rights does temporary registration give and what rights do permanent ones are considered by several legislative documents:

1. This is the Housing Code of the Russian Federation.
2. Constitution of the Russian Federation.
3. Administrative regulations of the FMS.
4. Government Decree No. 173 of July 17, 1995 “On approval of registration rules.”

Temporary registration at a new place of residence is also permitted for a period of up to 90 days. But it must be real, with the permission of the property owner. The Housing Code defines fictitious registration as a violation of the law, for which penalties are imposed under administrative liability.

What rights does the main employer have?

Since the tenant and his family members act as equal participants in civil transactions, this means that they have equal rights to a state apartment. They are presented in the provisions of Article No. 67, No. 69 of the Housing Code of the Russian Federation.

Rights of residents renting a non-privatized apartment

In this situation, citizens have the following rights:

Tenants also have other rights, including:

And at the same time, the tenant does not have the right to perform any of the above actions on behalf of his family members without a notarized power of attorney.

Such actions may be classified as illegal from a legal point of view.

In a municipal apartment

Municipal housing, in fact, is the same non-privatized state residential premises.

Accordingly, the rights of tenants are similar.

Without signing a contract

It is prohibited to live in a state or municipal apartment without concluding an agreement.

In privatized housing

Article No. 30 of the Housing Code of the Russian Federation regulates the rights of the owner of privatized residential premises.

Among them are:

- The right to use, dispose and own an apartment - if the tenant has the right to exclusively use the state premises provided to him, then the owner can fully own it and dispose of it, including:

• bequeath to both strangers and close relatives;
• register an apartment for rent or as collateral;
• donate housing to a stranger or close relative;
• sell housing.

— The right to rent out premises to both legal entities and individuals.

For a responsible tenant in a municipal apartment, see the article: responsible tenant.

In communal housing

Neighbors have the following rights:

In case of demolition of a residential building

An apartment in a dilapidated building can be occupied by tenants on the right of ownership or under a social tenancy agreement.

The tenant, as well as members of his family, have the right to count on receiving other public housing under a social tenancy agreement, based on the total number of registered persons, the standard for the provision of living space for all registered persons.

However, if the living space is located in a building that is subject to demolition and belongs to the owner, this means that the residents will be provided with another apartment of similar size.

In case of sale of an apartment

It may happen that the state decides to sell its property, in other words, an apartment building in which citizens live on the basis of a social tenancy agreement.

In the described situation, the state undertakes to provide each person living in such a house with new housing.

It is noteworthy that the area of ​​the apartment must be proportional to the number of registered persons in each room.

Property owners have the right to dispose of their property at their own discretion.

If an apartment belongs to several owners, this means that they have a pre-emptive right to purchase the living space being sold.

If one of the owners (if there are several of them) decides to sell his part in the residential premises, first he is obliged to notify all other property owners about this.

Obligations of the tenant under the contract, see here.

Video: Is it worth temporarily registering a tenant?

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Procedure

This process has fewer complications, but it also depends on the degree of relationship assigned to the tenants of the apartment.

ATTENTION! You can register children, spouses, and parents without consent.

A more distant relative (brother, grandmother, others) is registered with the written consent of other residents. By law, spouses must financially support each other. If one of them moves into municipal housing, he can register the other of the pair there; an application from one person is sufficient for registration.
When the apartment is privatized in the future, both husband and wife will receive equal rights to it. This rule also applies to minors.
It is enough for one of the parents to submit an application to the FMS service. When mom and dad live at different addresses, the child can be assigned to any of them. The important question here is how to deregister a registered relative from a non-privatized apartment if this relative is a minor child? In this case, the child will be discharged with the permission of the guardianship council and only on the condition that his parents immediately register him in a new apartment with good living conditions.

How can I register a non-relative?

If there is permission for such registration, then the process will be standard, only with some features.

IMPORTANT! The main condition is the consent of other relatives. It must be in writing.

It is important that when another person is registered in the apartment, each of the residents receives the required number of square meters. Living space standards may vary in different regions, but not significantly. FMS, service workers, will check the area of ​​the apartment, how much is allocated to each person. If the norm is violated, registration of another person will be denied.

When no one is registered in the apartment

If someone is not registered in the apartment, it is considered unoccupied. You can live in it only after signing a social tenancy agreement.

Such an agreement is signed by one of the family members, and then children and a spouse can register.

After registering at the apartment’s address, as indicated by the law on non-privatized apartments, they also automatically become parties to the agreement to live in this housing.

Such registered citizens can live for the prescribed period and use their other rights in relation to real estate . If the tenant who signed the agreement dies, the rights of other members of his family to live in the apartment are not lost.

What is a municipal apartment?

Advice from lawyers:

1. Municipal apartment with non-payment, is exchange possible in this case?

1.1. There is no direct prohibition by law. The written consent of the landlord is required.

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2. My question is: can my ex-husband sign me out of my municipal apartment?

2.1. The ex-husband has the right to expel his ex-wife from the municipal apartment - provided that he is the tenant of this apartment.

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2.2. If you lived in an apartment under a social tenancy agreement, you can only be evicted from the apartment by a court decision. But it's not easy. He will need to prove that you have moved out and do not intend to live in the apartment anymore, you don’t have your things, you have no interest in using them...

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2.3. Good afternoon Olga, maybe, if there is a reason for it. The temporary absence of a residential tenant under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement. (Article 71 of the Housing Code of the Russian Federation) If a person is constantly absent from a municipal apartment and does not fulfill his duties, then he can be discharged in court if there are grounds for this.

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2.4. Olga, good afternoon. Maybe, if you do not live in an apartment and do not pay utilities, but have moved to another residential premises for permanent residence. If you want to avoid this, you need to take a number of actions - pay your share of utility costs, at a minimum.

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3. Is it possible to exchange a social rent apartment for the same municipal one?

3.1. The tenant of a residential premises under a social tenancy agreement, with the written consent of the landlord and members of his family living with him, including temporarily absent members of his family, has the right to exchange the residential premises occupied by them for residential premises provided under a social tenancy agreement to another tenant. Good luck.

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3.2. Hello, if you find a suitable option for exchange, then you can exchange a municipal apartment. Best regards, Stanislav Pichuev.

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4. Please tell me whether it is legal that, by order in 1997, the head of the administration of the city of Zheleznodorozhny M.O. divided personal accounts in a municipal apartment, without trial. Does the head of administration have the authority to issue such orders? Thank you.

4.1. Good afternoon Yes, the Head has the right to split the personal account, since those living in municipal housing are considered not owners, but tenants

, they have several options for solving the problem: not only the responsible tenant, but also all tenants can pay the bills.

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5. I have the following question. I live in a council apartment. And we are forced to enter into a contract for servicing gas equipment; if I don’t do this, the gas is turned off. I have the right to refuse to enter into this agreement.

5.1. Dear Natalia! Before doing or not doing anything regarding utilities and payment, servicing gas equipment, etc., you need to familiarize yourself with the current Russian legislation that regulates all these issues. In this case, you need to familiarize yourself with the Decree of the Government of the Russian Federation dated May 14, 2013 N 410 (as amended on March 19, 2020) “On measures to ensure safety when using and maintaining indoor and indoor gas equipment” (together with the “Rules for the use of gas in terms of ensuring safety when using and maintaining intra-house and intra-apartment gas equipment when providing public gas supply services"), if you do not want the gas supply to be turned off in your apartment. Do you think that the danger of a gas explosion when a tenant of a municipal apartment uses gas equipment that has not been checked in a timely manner by gas workers cannot occur? Good luck to you.

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6. This is the situation. My mother and I are registered in a municipal apartment. I want to privatize the apartment for myself, my mother agrees, all the documents are ready. All that remains is to fill out an application at the MFC and wait for the contract. Due to the coronavirus, they won’t accept them anywhere, and I’m due to give birth in a month. What do i do?

6.1. The MFC in Khabarovsk will accept people from June 22, and now you can send documents to the MFC through the State Services portal.

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7. Due to new circumstances, I am filing a second claim to legalize the conversion in a municipal apartment - this is in the district court. You also need to file a claim against the administration for reimbursement of costs - I know that such claims are filed in the magistrate’s court. Is it possible to combine these 2 claims into one and file them in the district court, because... I'm afraid I won't meet the statute of limitations (3 years). Amount 60 thousand rubles. Previously, claims up to 50 thousand rubles were filed in the magistrate's court. , and over 50 tr. - to the regional one.

7.1. If the costs are associated with re-equipment and the need for them is caused by the action of the defendant, then you can "Civil Procedure Code of the Russian Federation" dated November 14, 2002 N 138-FZ (as amended on April 24, 2020) "" Code of Civil Procedure of the Russian Federation Article 151. Connection and separation of several claims claims 1. The plaintiff has the right to combine in one application several related claims, except for the cases established by this Code. (as amended by Federal Law No. 126-FZ dated 05.05.2014) (see the text in the previous “edition”) 2. The judge separates one or more connected claims into separate proceedings if he recognizes that separate consideration of the claims would be advisable. 3. When claims are made by several plaintiffs or against several defendants, the judge has the right to separate one or more claims into separate proceedings if he recognizes that separate consideration of the claims will contribute to the correct and timely consideration and resolution of the case. 4. The judge, having established that there are several homogeneous cases in the proceedings of this court in which the same parties are involved, or several cases on claims of one plaintiff against different defendants or different plaintiffs against one defendant, taking into account the opinions of the parties, has the right to combine these cases into one proceeding for joint consideration and resolution, if it recognizes that such consolidation will contribute to the correct and timely consideration and resolution of the case.

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8. What should I do? They refuse to issue me (the main tenant) with a personal account for a municipal apartment, citing debts on the apartment. Is this legal and what to do in such a situation?

8.1. This is illegal, the presence of debts does not give the right not to issue documents, request the necessary documents in writing through an appeal and they will issue them to you.

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9. We need a consultation, we live in a municipal apartment, three rubles, all relatives, I have 2 rooms, they have one, we want to leave, because it’s unbearable to live with them, besides, my uncle has tuberculosis, and his wife has epilepsy, and something with memory, and they all have 2 children, 3 and 4 years old, who still don’t speak, but just scream all day long. What to do in such a situation?

9.1. If you have any questions about exchange, please contact your local administration.

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10. There is a boxing club in the basement below my apartment in an apartment building. As a result, the floor in my apartment began to crack in the hallway, and the tiles in the bathroom began to crack. Who will compensate me for the damage? Are such organizations allowed to be located in apartment buildings? Is it possible to close a boxing club if it is municipal?

10.1. Hello, there is no direct ban. To compensate for damage, it is necessary to establish a cause-and-effect relationship, i.e. to prove that these damages arose precisely as a result of the club’s activities; for this purpose, an appropriate examination is carried out. In your case, most likely through the court, and that is not a fact, since the result will depend on the examination. Talk to other residents, perhaps they have similar problems, in which case you will fight together, but if you want to recover damages, I strongly recommend contacting a lawyer, as there are many nuances.

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11. I have the following question. Today the card was seized due to a debt for rent. Such a problem, a municipal apartment, is in the social contract in her name. Mom is in prison. My card was seized, why is this and what can be done?

11.1. Request a court decision. Dispute. You did not indicate that you are registered at this address.

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12. A large family with four children live in a one-room apartment in a two-apartment building. The housing is municipal, there are no neighbors. Does such a family have the right to expand the space in this house?

12.1. To expand the area, you need to file a claim to expel your neighbors. This can only be done by the local administration. Therefore, resolve the issue with her. Call. I'll help. 89115986911 Grebtsovskaya Elena Yurievna.

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12.2. You can apply for the specified residential premises if you are recognized as needy and are in line to improve your living conditions.

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13. — MK, there are municipal apartments, they bear the same responsibilities for paying for housing and communal services and can also participate in the program for repairing entrances (at the expense of the state) Or does something else apply to them? Thanks in advance for your answer!

13.1. They also bear all rights and responsibilities for the apartments.

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13.2. The only difference is that major repairs for the owners of municipal apartments are paid for by their owner, the municipality. Other housing payments rights and obligations are the same.

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14. The question is this. Municipal apartment. My husband and I are registered. My father also lives with us. The father brought his partner. Constant drinking, swearing. They don't let me sleep at night. She doesn't want to leave. Can she be forcibly evicted? How to do it?

14.1. Victor, you can evict her through the courts.

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14.2. Call the police next time at night, they have no right to be in the apartment.

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14.3. You can evict your father's partner through a court procedure. But in order to protect your rights, you can simply not let her into the apartment. If the father is not registered in the apartment, then you can also evict him. If citizens violate public order or your rights, then contact the police.

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15. My father and I were registered in the municipal apartment. I didn’t live there; my father had accumulated large debts. Now he has checked out and only I am left in the apartment. the father gave a receipt that he would pay off the debts, but alas. what to do in such a situation? He lives elsewhere, doesn’t work, and my accounts are all frozen.

15.1. Go to court to collect part of the debt for housing and communal services from the father, since both the employer and his family members have equal responsibilities for paying for housing and communal services.

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16. This is the situation... a man was discharged from his father’s apartment in 2020 and has nothing to do with it to this day. The apartment is municipal, not privatized.. he still receives enforcement proceedings regarding the debt for the apartment.. why is this and is it legal?

16.1. Was there a court decision on it? Have enforcement proceedings been initiated? Give the dates.

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16.2. Hello. If the debt was formed during the registration period of a person, it is legal. You must pay off your portion of the debt during registration.

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17. Please received a municipal apartment as an orphan left without parents, a social apartment. rental of free use, the contract was concluded for a period of 5 years, and this year it is being canceled. And I have a question from my brother, can I exchange apartments from a one-room apartment to a two-room apartment. And the question is, can I privatize the apartment after 5 years and sell it? Thank you.

17.1. Yes, you can privatize an apartment at any time after concluding a social tenancy agreement and exchange the apartment.

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17.2. Hello! While the apartment is in free use, exchange is not possible. When, after five years, you conclude a social rental agreement, it will be possible, but on the basis of Art. 72 of the Housing Code of the Russian Federation with the written consent of the landlord and family members living with you, and only if your brother’s apartment is also in social rent. But if you, five years after the conclusion of the social security rent, privatize an apartment, even trade with your brother, even give as a gift, even sell - you will become a full owner.

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18. The question is this. I have a mortgage on part of my residential building. Previously, it was divided into 4 apartments, now most of it is mine, but there is an ownerless, dilapidated part in the middle, and an apartment on the edge. It's an apartment. I have it decorated as a house and a plot of land. My neighbor and I want to dismantle this apartment in the middle so that our walls don’t collapse. How to do this correctly and where to go? The municipal apartment was declared unfit for habitation.

18.1. Invite a cadastral engineer who specializes in buildings, if it is possible to formally “reconstruct” the house, submit a notification about the reconstruction of the house to the relevant department of administration and carry out the work. After which this cadastral engineer will prepare a technical plan for you. It will have to be submitted to the MFC. If all is well, then you will have a building with new characteristics.

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19. My son divorced my daughter-in-law!, my daughter-in-law continues to live with my grandchildren in my municipal apartment (it is not privatized), my grandchildren and my son are registered in it!, I want to sign my son out of the apartment!, how can I sign my grandchildren out in this case?, my daughter-in-law has an apartment in property!, can children be automatically registered with it? (they stayed with her after the divorce) and she also demands money for repairs for which I did not give permission!?

19.1. Hello Svetlana. Deregistration (which until 1993 was called “extract”) can only be done by a court decision, if there are grounds and evidence, in accordance with Art. 83 Housing Code of the Russian Federation. Automatic “extract” and “registration” at the registered address of the children’s mother is impossible. As for collecting funds for repairs to an apartment where you are a tenant, there is not enough information. You can submit a new request for a free consultation, describing the situation in more detail, or get a detailed personal (paid) consultation from me or from other site lawyers specializing in housing law.

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20. If no one is registered in the apartment, and the owner lives in a nursing home, then who should be paid in such cases, and do they have the right to take the apartment into municipal ownership?

20.1. Good afternoon According to the law, the owner must pay for the apartment; this is his so-called “burden of maintaining the property.” They cannot “take an apartment into municipal ownership” if it has an owner. But to take a penalty on her - i.e. selling at auction, for example, for debts to pay utility bills, is quite possible. Then the remainder received from the sale after repayment of the debt will be transferred to the owner, or another home will be purchased for the amount of the balance. But this is only in court if there is a significant debt.

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20.2. If the apartment is owned, then the owner bears the burden of maintenance costs and it is impossible to take the apartment from the owner.

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Below is a communal apartment. 2 owners, the third room is municipal, an alcoholic pensioner lives in it.

Please what to do in such a situation. I have a village. a three-apartment house and on one side a Municipal apartment registered in it.

This question is there is a municipal apartment, it was given to my mother in,

The situation is this: the apartment is municipal. I got it from my grandmother. I want to privatize it with further sale.

I have the following situation. My daughter is 6 years old and is registered in her husband’s apartment. My husband died 5 years ago

We are planning to expand to 2 adults and 2 children, we live in a one-room apartment, with the investment of mat capital.

I have a question for you. My mother has 2 rooms. The apartment is registered in the apartment

I live in Crimea and recently I started receiving payments for the use of residential premises (rental fees)

This is the situation: we lived in a municipal apartment, then bought our own house and moved there,

This is the situation. My minor daughter is registered in a municipal apartment, together with my ex-husband, her father, and some third parties (former relatives of her husband)

My question is this: a mother and daughter are registered in a municipal apartment. They want to privatize the apartment.

Residents' rights

Without the help of an experienced lawyer, it is sometimes difficult to figure out what rights there are to a privatized apartment without ownership rights to it, and what rights there are to a municipal apartment when living under a social tenancy agreement. Registration allows you to:

1. Use the living space for an unlimited time and without obstacles.
2. Move in close relatives.
3. Register minors if you have the right to represent them.
4. Receive housing if this apartment is alienated.
5. Participate in the privatization process.

Participation in privatization is the main point that obliges other residents to responsibly agree to registration. After all, then it will be difficult to prove that this person should not receive a share in the apartment. In addition, the shares of all other family members will be reduced with the arrival of a new tenant.

Who can get public housing?

The grounds for the possibility of accepting applications for the queue from citizens of the Russian Federation are clearly stated in Art. 51 of the Housing Code of the Russian Federation and indicate the following categories of persons:

• Citizens who are not yet renting housing under a social contract. hiring This condition also applies to family members of the applicant. In addition, the applicant must not own real estate or be a member of a family that owns any housing.
• Citizens living in an area calculated to be less than 10 square meters per resident.
• Citizens who own real estate (or rent it under a social tenancy agreement), provided that this premises does not meet the requirements of human sanitary safety standards. A separate requirement is the inability to repair or reconstruct such housing to bring it into proper condition. Typically, these categories include houses that are in disrepair or those that were damaged due to natural disasters (earthquake, flood, massive fire).

Separately, there are types of persons who have the opportunity to apply for space and can receive a municipal apartment out of turn:

• Orphans or those left without care, if the duration allotted by law and regulations for staying in special care. educational institutions, passed.
• Families with many children.
• Persons who lost their home or apartment while in prison.
• Persons who live in a communal apartment.
• Citizens living in an apartment with more than one family, in addition, if one of these families has a seriously ill person. A separate condition is a particularly dangerous disease that makes it impossible for him to live near other people due to the risk of infection (this includes AIDS, tuberculosis, etc.). A detailed list of diseases is approved at the federal level by authorized authorities.
• Liquidators of the consequences of the Chernobyl accident.
• Persons falling under the category of forced migrants.
• Persons who have served in military service for more than 20 years.
• Veterans of the Second World War (by the way, at the moment they are given priority when determining priority).

Documentation

What documents are needed for a room or apartment for registration in non-privatized real estate? The tenant of such housing does not have any documents for it, except for the social tenancy agreement on the basis of which he lives here.

Therefore, he submits to the FMS the passport of the potential new tenant, this agreement, an application with the signatures of other tenants. Also included is the written consent of all family members to register one more person.

The service has 3 days to consider the application, after which the passport must be returned with the existing registration. The registration stamp contains the following information: apartment address, authority that performed the registration, date.

Reasons for refusal

It will not be possible to register a person in the following cases:

• If the residents of a non-privatized apartment have not given their consent to registration.
• If you register one more person the living space does not allow.
• The citizen already has registration and has not been discharged to his previous place of residence.
• If a citizen violates the migration regime.

Registration in a non-privatized apartment is possible even for non-family members. But for this you need to obtain the consent of all residents. If a minor child is registered, consent will not be required provided that one of his parents is already registered in the living space.