Find out on our website how to find out whether an apartment has been privatized or not, where to start the privatization process, whether it is necessary to privatize living space for all registered ones, and also whether it is possible to privatize an apartment with debts on utility bills.
Legal requirements
The privatization of apartments by military personnel is regulated by the main Law “On Privatization...” No. 1541-1 of 07/04/91. and Government Decree No. 512 of June 29, 2011
According to these legislative acts, military personnel who have served 20 years receive the right to privatize departmental housing.
This right also applies to military personnel transferred to the reserve :
- according to the age;
- for health;
- by reduction;
- have served in the Armed Forces for over 10 years.
These categories can register ownership of an apartment, room, house from the municipal housing stock. Privatization of military housing can be carried out for any family member , subject to the renunciation of the share of other persons registered in the apartment.
According to legislative norms, military privatization provides for the possibility of family members of military personnel receiving no more than 20 square meters of living space for free. All surpluses must be purchased from the state according to the rules of paid privatization.
You can learn about how to privatize a cooperative apartment, who has the right to re-privatization, as well as in what cases a refusal may be received from our articles.
Obstacles to the procedure
In the process of registering housing ownership, military personnel may encounter a number of problems related to the status of housing . These include:
- The building in which the apartment is located does not have an official owner or management company . This is due to the fact that departmental housing of the Ministry of Defense is not always transferred to municipal ownership in a timely manner with documented documents.
The apartment belongs to the Ministry of Defense , and its transfer to the ownership of the municipality is not expected.
However, housing in this status is not subject to privatization.- Apartments in houses for military personnel do not have floor plans, technical and cadastral passports .
Such problems can delay the privatization process indefinitely or even make it impossible. The problem should be solved in each specific case in a certain way.
Read on our website about how to privatize an apartment if the order is lost, how to restore the agreement on the transfer of living space into ownership, as well as how to carry out the process of deprivatization of the apartment.
Military privatization of an apartment: where to start?
First steps
The family of a serviceman who has decided to register ownership of housing should first of all determine the status of the apartment it occupies in the management of the relevant body of the Ministry of Defense.
The process cannot be carried out if the housing is located in a closed military camp. This type of residential premises is of particular strategic defense importance and cannot be transferred to private ownership.
In addition, according to general rules, the privatization of apartments in buildings that have the status of emergency and subject to demolition .
If the apartment does not have such status, the process should begin by contacting the privatization department of a certain municipality to determine the package of documents. In this case, the applicant must be the military man himself or his authorized representative (read about privatization through a realtor).
Sample application for privatization of an apartment for military personnel.
You can find out whether it is possible to privatize a share in an apartment from our article.
Order of conduct
Privatization of housing by military personnel is carried out on a shared basis; all family members registered in the living space participate in the process. The application must contain the signatures of all registered persons , including children over 14 years of age.
A share must also be allocated for minor citizens under 14 years of age ; parents express consent on their behalf.
The following documents are attached to the application:
- originals and copies of identification documents;
- consent or refusal of privatization of all registered;
- certificate of registration;
- technical and cadastral passports, floor plan;
- rental agreement;
- copy of personal account;
- extract from the Unified State Register;
- an extract from the military service record or an extract from the order of his dismissal;
- a copy of the Marriage Certificate;
- certificates of non-participation in the process earlier for all parties to the agreement;
- receipt for state duty (1000 rubles).
If housing was provided to a military family after 09/01/1991, for its privatization you will need additional certificates of registration in the previous place of residence for all family members.
This moment is the most difficult in the process of preparing documents, since during their service military personnel change more than one address , and a certificate must be provided from each one.
Due to the fact that some military units have been disbanded during this time and certificates can only be obtained by contacting the relevant territorial archives , the task becomes the most difficult in terms of time expenditure.
The unfinished privatization process may be suspended due to the death of the applicant or his transfer to a new place of service and residence.
Find out how to privatize an apartment through the MFC from our article.
Refusal to privatize
Among the main reasons leading to judicial refusal to privatize residential premises for military personnel are the following:
- the presence of illegal alterations in the privatized residential premises;
- the applicant lacks rights to privatized housing. This is possible if the residential premises were allocated to a serviceman and his family without signing a social rental agreement with the owner (the municipality, the Ministry of Defense or another owner);
- identification by authorized organizations when considering the issue of privatization of housing forged documentation containing incorrect information;
- lack of required documents for privatized housing (in case of loss or loss). In this case, the applicant serviceman is given time to restore the lost documentation;
- use by military personnel of their right to free privatization of social housing in the past. As you know, each citizen can exercise this right only once in his life.
Consideration of the issue of privatization of an apartment may also be stopped by the judge in connection with the death of the plaintiff or his move to a new place of military service and, accordingly, a new place of residence.
To complete privatization, a serviceman who has a positive court decision must register his emerging right to residential premises in the Unified Register . The documents confirming privatization will be the privatization agreement and the registration certificate.
Description of options
How is an apartment privatized under a social tenancy agreement by military personnel? Military privatization takes place in the same manner as any registration of ownership of living space. There are several options for the procedure:
- Registration of ownership of an apartment from the Ministry of Defense occupied by a military serviceman’s family under a social tenancy agreement is regulated by the Law “On Privatization...” and is carried out in the same manner as registration of ownership of municipal housing.
The only difference is that the application is submitted not to municipal authorities, but to a unit of the RF Ministry of Defense (the specific addressee can be found in the contract). An application for consent to privatization is submitted on behalf of all family members. - Registration of privatization of official housing by a relative of a serviceman is carried out subject to his written refusal of privatization. Any family member of a military serviceman can act as an applicant. Other family members must submit a notarized refusal of privatization.
The authorities are given a period of 2 months to review the package of documents. Employees evaluate documents, inspect and identify the status of residential premises, request information about privatization participants, including checking compliance with the rights of persons under 18 years of age.
If the decision is positive, a privatization agreement is drawn up, on the basis of which you can obtain a Certificate of Ownership.
Minor military children under 14 years of age must be included in the privatization agreement without fail. To refuse privatization of a citizen from 14 to 18 years of age, permission from the guardianship authorities is required .
Privatization by court
Privatization of “military” housing does not always go without problems. Such apartments are sometimes not registered with technical and cadastral records, or are not registered at all in the name of the resident tenant. Sometimes the housing is in extremely dilapidated or dilapidated buildings, and sometimes the military unit management refuses to transfer departmental housing to the municipal fund. All this creates obstacles to the implementation of privatization in the generally established manner. The issue of transfer of ownership rights when these situations arise can only be resolved through the court.
Jurisdiction
Claims for the privatization of housing by military personnel are considered at the plaintiff’s place of residence - by city or garrison courts, as well as by judicial panels under the Ministry of Defense of the Russian Federation. A claim can be filed only if there is a written refusal to carry out privatization from the owner of the property.
Package of documents
The following are attached to the statement of claim:
- a copy of the passport of the plaintiff and all adult family members;
- birth certificates of minor participants in privatization;
- residential lease agreement;
- extracts of personal account and house register;
- a certificate confirming the transfer of housing from a departmental to a municipal fund (if available);
- a written refusal by a unit of the RF Ministry of Defense or a local municipality to carry out privatization (the refusal must be motivated);
- receipt of payment of state duty - 300 rubles.
This list is not exhaustive. The applicant may present to the court any documents that, in his opinion, may be relevant to the case.
How to file a claim
The statement of claim is drawn up in accordance with the requirements of Articles 134 and 131 of the Code of Civil Procedure of the Russian Federation. Requirements can be written by hand or on a computer. A “header” is written in the upper right corner of the form. It indicates the name of the court, the full name of the plaintiff, his address, passport details, the name and location of the defendant organization and the full name of its director.
The title “Statement of Claim” is written in the center of the form. The contents of the claim include the following information:
- the grounds on which the dwelling was transferred for the use of the plaintiff, the date on which such grounds arose;
- references to the norms of legislation regulating the issue under consideration;
- an indication that the refusal of the authorized body violates the legal rights and interests of the plaintiff in terms of obtaining ownership of the home;
- circumstances preventing privatization;
- direct claim requirement.
Claim requirements
The pleading part of the claim is worth mentioning separately. There are three options for claims - recognition of the plaintiff’s right to privatization, recognition of the refusal of the authorized body as illegal, recognition of the right of ownership within the framework of privatization. The first and second requirements are most often specified together.
The legal consequences of these petitions are the same - the transfer of ownership of the home to the serviceman. The only difference is what actions he must take after the trial.
So, if the judge recognizes the plaintiff’s right to privatization, as well as the refusal of the authorized person to be illegal, the plaintiff must apply with the decision to the local municipality. However, to do this, you must wait until the resolution comes into force. After this, the authorities will be obliged to transfer the housing into the serviceman’s ownership.
If the court has recognized the right of ownership through privatization, its decision in itself is a document of title confirming the plaintiff’s right of ownership. After entering into force, the resolution can be immediately submitted to Rosreestr for registration. In this case, there is no need to waste time communicating with municipal authorities and signing a privatization agreement.
Consideration of the claim
Within 5 days after receipt of the claim, if there are no shortcomings in it, the judge accepts it for proceedings. The review lasts 2 months, in particularly complex cases – up to six months. All parties are called to each hearing - the serviceman himself, representatives of the RF Ministry of Defense and local municipalities, guardianship authorities (if children are involved in privatization), notaries, etc.
The court decision comes into force 30 days after it is made. At the end of this period, the officer can begin to exercise his legal rights.
If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.
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Special cases
Is it possible to privatize an apartment from the Ministry of Defense for my wife? Military personnel in Russia enjoy support and social protection, which also extends to their family members. In the event of the death of a military man, close relatives have the opportunity to use his benefits .
This measure concerns, among other things, the provision and privatization of housing. The wife of a serviceman, in the event of the death of her husband while on duty, enjoys his benefits in full.
The exception is the housing benefit.
A military spouse can use this right only before entering into a new marriage .
If a military spouse lived with him in living space provided by the Ministry of Defense, then in the event of the loss of her husband, she can privatize the housing in her own name .
The widow writes an application to the appropriate unit of the RF Ministry of Defense and formalizes privatization in the usual manner.
If a social rental agreement for an apartment has not been concluded , after his death it is concluded with his wife.
When registering an apartment as shared ownership, when submitting an application for privatization and obtaining Certificates, all owners must be present .
Privatization of a service apartment for military personnel - legislation
The above examples are one of the few in our judicial practice when clients who contacted us not only did not “end up on the street”, but also received ownership of the occupied housing. The competence and experience of a lawyer in this case is the most important criterion for achieving success. Unfortunately, it is impossible to cope on your own, without proper experience and understanding of the specifics of legislation in this area.
Privatization of official residential premises is complex and specific. Its peculiarity is that there is no normative act that would regulate its aspects. Currently, more than 15 regulations provide for the provision of special fund apartments for use. For citizens undergoing military service under a contract, their “own” sectoral legislative act is the Federal Law “On the Status of Military Personnel,” which states that service housing is provided to military personnel and members of their families only for the period of military service under a contract, after the end of military service is obliged to vacate this apartment (Articles 103,104 of the Housing Code of the Russian Federation).
Service housing stock
This is considered to be a housing stock intended for the residence of citizens associated with labor relations with an organization or government structure. It is managed by the owner - in our case, the Ministry of Defense of the Russian Federation, providing apartments for use temporarily, for the period of military service.
The Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” does not allow the privatization of “service buildings” (Part 1, Article 4 of the Law). At the same time, the real estate belongs to the managing body on the right of ownership. And if so, then the owner, on the basis of the Civil Code of the Russian Federation, can dispose of the property belonging to him at his own discretion, including alienating it. This authority is recognized for organizations and institutions that have their own housing stock under “operational management.” Its disposal ensures that the interests of the enterprise, organization, and department are respected.
