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

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

What is service housing?

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

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

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

• residential building;
• separate apartment.

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

Is it possible to privatize a service apartment?

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

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

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

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

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

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

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

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

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

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

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

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

Example

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

How to transfer a service apartment to the social category

According to paragraph 2 of Art. 4 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation”, the owners of the housing stock or bodies authorized by them, as well as enterprises to which the housing stock is assigned with the right of economic management or operational management, with the consent of the owners, can decide on privatization on their own initiative .

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If this housing previously belonged to state or municipal enterprises, by which it was recognized as official, and then was transferred to local authorities, in such cases the residential premises lose the status of “official” and are subject to privatization as housing provided under a social tenancy agreement.

How to register a service apartment as property

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

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

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

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

Transfer of official housing to social rent

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

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

Privatization procedure

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

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

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

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

How to transfer an apartment to social rent

Contents of the article Service housing - what is it? Transferring service housing to social rent How can a service apartment be converted into private ownership? The procedure for the privatization of official housing. Privatization of official housing by state employees. Privatization of official housing is quite a hot topic that worries many citizens living in dormitories and departmental apartments. On the one hand, the deadline for the privatization of a service apartment was extended again, pushing it back to March 1, 2020, but on the other hand, there are no guarantees that another postponement will be possible. In order to complete the remaining time and not make mistakes in the process, it is necessary to take appropriate measures.

Legal 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. How to transfer a service apartment to social rent Conference of YurClub, 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.

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Judicial practice of privatization of official housing

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

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

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