Residential premises of specialized housing stock

Pravozhil.com > Real estate registration > Specialized residential premises - what category of housing is this, we understand the issue

According to the provisions of the Housing Code of the Russian Federation, there are several categories of residential premises on the territory of our country.

So, for example, housing that is socially rented to needy citizens is social housing. And rooms owned by individuals as private property - individual housing stock, and so on.

In today’s material, our resource will consider specialized residential premises, covering this concept in detail from all sides.

Specialized residential premises - what is it, concept and types

What is specialized housing stock?

The concept of specialized housing stock (hereinafter referred to as SHF) is interpreted by the legislator in Article 19 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation).

In accordance with the provisions of the regulatory act, SZhF is a complex of residential space on the territory of Russia, which is transferred for use to citizens of specific categories.

The grounds, procedure for the provision and execution of contractual relations between the tenant and the landlord of specialized housing are established by the Housing Code of the Russian Federation.

Specialized residential premises include:

• service housing (provided by the employer to his subordinates);
• rooms in dormitories, the Maneuverable Fund, social service centers for citizens, housing funds for the provision of housing to internally displaced persons and refugees (provided by the state to citizens of the Russian Federation).

The commissioning of residential premises into the SZhF is carried out by organizations authorized in this regard. That is, at their discretion, some organization or state (municipality) has the full right to transfer their existing form of ownership into a specialized housing stock. The main thing in this procedure is compliance with the basic rules for the formation of the SLF, which are established by the Housing Code of the Russian Federation.

In particular, these include:

• full compliance of the dwelling transferred to a specialized fund with the previously described types of premises;
• the presence of ownership rights to the premises being transferred to the housing estate, or the presence of a corresponding power of attorney for the persons carrying out the procedure for its entry into a specialized housing stock;
• compliance of the residential premises transferred to SZhF with the housing standards in force in Russia (defined by the Housing Code of the Russian Federation).

Failure to comply with these conditions makes it impossible to introduce some residential premises into a specialized fund and, accordingly, use it as a unit of this category of housing.

You can consider the concept of SLF in more detail by referring to the relevant paragraphs of the Housing Code of the Russian Federation.

Types of premises of specialized housing stock

Residential premises of specialized housing stock include:

1. service living quarters;
2. residential premises in dormitories;
3. residential premises of a flexible stock;
4. residential premises in social service houses for citizens;
5. residential premises for temporary settlement of internally displaced persons;
6. living quarters for temporary settlement of refugees;
7. residential premises for social protection of certain categories of citizens;
8. residential premises for orphans and children left without parental care.

Residential premises can be classified as a specialized housing stock only by order of either the federal executive body (for public housing) or the local government body (for municipal housing). But if residential premises are assigned to ministries and departments, then the procedure for including such premises in a specialized housing stock may also be regulated by regulations of these ministries and departments.

Housing classified as a specialized housing stock can be used for its intended purpose only after a decision by the relevant authority. Such residential premises must be suitable for citizens to live in and be well equipped.

At the same time, a residential premises cannot be classified as a specialized housing stock if it is occupied under a social tenancy agreement, a rental agreement for housing, a state or municipally owned housing stock for commercial use, a lease agreement, and also, the premises have an encumbrance of rights.

Possibilities for privatization of objects from a specialized housing stock

Is it possible to privatize specialized housing?

The possibility of privatizing an SLF facility is determined taking into account its owner and the type of premises. More precisely:

• if specialized housing belongs to a non-governmental organization, then privatization is possible only with the consent of its owner;
• if the housing belongs to the state (including the municipality), then privatization is carried out with the consent of the owner, if the premises have the status of a specialized facility or were put into operation after March 1, 2005. Otherwise, the legal procedure for privatization in the Russian Federation will apply.

The procedure for providing residential premises under social tenancy agreements

The legislator regulated the fundamental rules of how the ownership right to use living space under a social tenancy agreement is transferred to an individual. The sequence of supply of residential premises is fixed in Art. 57-59 Housing Code of the Russian Federation. These rules are mandatory for execution at all levels of government, both federal, regional and municipal.

The procedure for providing citizens with residential premises implies observing the priority after an individual registers with the housing stock. However, modern legal acts also provide for exceptions to the general rule according to which housing is allocated for use by citizens of the Russian Federation out of turn. According to Art.

• individuals whose apartment is in disrepair, which is supported by relevant decisions of the authorized bodies;
• orphans, as well as children left without parental care;
• citizens who suffer from severe chronic diseases (their list is enshrined in Article 51 of the RF Housing Code).

After the tenant of the residential premises under the social tenancy agreement is registered and writes an application, the authorized persons of the housing stock must decide whether to allocate the subject of legal relations with property for use for residential purposes or to issue a refusal. Such a decision must be made within the time limit established by the legal acts.

The tenant of a residential premises under a social tenancy agreement has the right to receive housing in the exact place where he lives. Information about such an expression of will of the subject must be included in the application. In this case, the landlord is obliged to provide property on the specified territory, and the apartment must have all the technical and sanitary conditions for comfortable living.

We invite you to read: What taxes are paid under a contract?

Requirements for social rented residential premises

https://www.youtube.com/watch?v=https:accounts.google.comServiceLogin

We invite you to read: Registration of preschool education in Rosreestr - online check

According to the social tenancy agreement, living space is allocated not for commercial use, but for everyday living. Accordingly, the apartment must meet certain requirements, the absence of which is also the basis for official and even judicial proceedings. In other words, the tenant of a residential premises under a social tenancy agreement is given the right to receive property that meets a number of characteristics.

Firstly, it is livability. This basis implies that an apartment allocated from the housing stock for private use must be located in a building that falls under the category of capital construction.

Secondly, property for private use by ordinary citizens must fully comply with sanitary, epidemiological, technical and fire safety requirements. A conclusion on this is issued by specially authorized bodies. Art. 23 Federal Law No. 52-FZ gives the right to subjects of legal relations to claim housing, which is provided for use as a result of signing an agreement on the social rental of office or residential premises that meets the requirements:

• ensuring sleep and rest;
• catering;
• soundproofing and noise insulation;
• naturalness of lighting (light transmission);
• fire safety;
• ventilation and air circulation;
• proper heat transfer.

In the event that housing for official or residential purposes does not meet the above conditions, then this is a determinant for recognizing it as unsuitable for commercial or residential use. As a result, such property, intended not for commercial, but for residential use, will be exchanged from the housing stock for a more acceptable object.

Residential premises for private use must be provided within the limits established in a particular municipality within the legally established period after the person in need has registered with the housing stock. The content of this norm is fixed in Art. 50 Housing Code of the Russian Federation. In addition, obtaining an apartment under a social tenancy agreement implies that citizens of different sexes will be accommodated in different rooms, unless their consent to live together has been obtained.

The content of this requirement is specified in Art. 58 Housing Code of the Russian Federation. An exception to this rule is married couples sharing the same premises. Also the content of Art. 58 of the RF Housing Code also implies that the landlord, when providing residential office space that is not suitable for commercial use, must take into account the health status of the citizen registered with the housing stock.

It is worth noting that if old housing is exchanged after the conclusion of recognizing it as unsafe for a new living space, then the landlord must take into account the area of ​​the previously occupied premises. In addition, after receiving service-type real estate, an individual who is registered as needy can apply for other property from the housing stock that is not suitable for commercial use.

GENERAL CHARACTERISTICS OF THE AGREEMENT

From the above definition, as well as other provisions of the law, it is possible to draw up a general description of the lease agreement for specialized residential premises. Thus, it should be noted that it is bilaterally binding, mutual, consensual, compensated, urgent.

The Housing Code of the Russian Federation (Part 3 and Part 5 of Article 100) and standard contracts provide for the rights and obligations of the tenant, which correspond with the rights and obligations of the landlord (Resolution of the Government of the Russian Federation of January 26, 2006 N 42 “On approval of the Rules for the classification of residential premises to a specialized housing stock and standard rental agreements for specialized residential premises" // Rossiyskaya Gazeta. N 34. 02.17.2006).

The reciprocity of the agreement follows from the fact that the tenant’s right to use residential premises corresponds with the landlord’s obligation to provide residential premises for use, and the tenant’s obligation to pay for residential premises corresponds with the landlord’s right to demand such payment. The consideration of the contract is evidenced by the fact that the residential premises are transferred for a fee (Part 1 of Article 100 of the Housing Code of the Russian Federation).

The contract is urgent, since in accordance with Part 1 of Art. 100 of the Housing Code of the Russian Federation and clause 1 of standard contracts, residential premises are provided for temporary residence. However, in legal science, the opinion was expressed that in “the legal relationship for the use of official living quarters and living space in a dormitory, when it is provided to permanent employees, the housing legal relationship can only be terminated if the employment contract is terminated. Under such conditions, legal relations for the use of residential premises can hardly be classified as urgent, because the limit established for their existence is rather conditional in nature" (Svit Yu.P. Contract for the rental of specialized residential premises // Housing Law. 2005. N 3. P. 4; Petrov A.N. On the procedure for applying the norms of the Housing Code of the Russian Federation on eviction // Housing Law. 2007. N 1. P. 36).

Without denying the temporary nature of the legal relationship arising in connection with specialized residential premises, the authors discuss the special case of the provision and use of specialized residential premises. Indeed, some tenants may, under certain conditions, actually live their entire lives in company or dormitory living quarters. But nevertheless, based on the concept of a rental agreement for specialized residential premises, enshrined in Part 1 of Art. 100 of the Housing Code of the Russian Federation, it must be concluded that the legislator establishes the temporary nature of residence in specialized residential premises. The length of stay of employers is limited by the duration of the employment contract. In addition, the norms of the Housing Code of the Russian Federation establish a presumption of eviction of citizens upon termination and termination of a rental agreement for specialized residential premises. Therefore, a contract for the use of residential premises can be considered indefinite only after such a tenant retires, when his status as an employer will not depend on the presence (absence) of an employment relationship, provided that he will not be evicted with the provision of another residential premises after the termination of the employment contract ( since in this case there is no automatic transformation of temporary (urgency) residence into permanent residence. For comparison: in a social tenancy agreement, which many authors traditionally consider as indefinite, the term of the agreement is not limited by any conditions).

Apartment for refugees and internally displaced persons

The right for refugees and temporary migrants to receive an apartment for temporary use is enshrined in paragraph 6 of Art. 8 of the Federal Law “On Refugees” dated February 19, 1993 No. 4528-1-FZ and paragraphs. 2 p. 1 art. 6 Federal Law “On Forced Migrants” dated December 20, 1995 No. 202-FZ, respectively. Such housing is allocated to people in need from the appropriate housing funds, which, in accordance with paragraphs. 5, pp. 6 clause 1 art. 92 of the Housing Code of the Russian Federation are included in the premises of the specialized housing stock.

Apartments from these funds are provided to refugees and internally displaced persons in order of priority , on the basis of a rental agreement with the owner of such housing, concluded for a period not exceeding the period of validity of their status.

The procedure for providing apartments from the appropriate funds is determined by the Regulations on the housing stock for temporary settlement of persons recognized as refugees, approved by Government Decree No. 275 dated 04/09/2001, as well as the Regulations on housing arrangements for temporary migrants in the Russian Federation (Government Decree No. 845 dated 08.11.2000) respectively.

According to the content of the above regulations:

• Comfortable residential apartments are provided to forced migrants and refugees in cases where they do not have the opportunity to independently determine their place of residence in the territory of the Russian Federation, and also when such a person and none of his family members have residential premises in the territory of the Russian Federation in ownership or under a lease agreement .
• The allocation of apartments for temporary settlement to refugees and temporary migrants is carried out on the basis of a decision of a special commission for the distribution of housing created to register such persons, on the basis of the territorial body of the Ministry of Federation Affairs, National and Migration Policy, at the place where these persons are registered.
• To be allocated housing, refugees and displaced persons must submit an application in the prescribed form to the commission. When registering them as persons in need of housing, family members of the applicants and their minor children are also taken into account.
• Payment for residential premises allocated to refugees and displaced persons, as well as utilities, is carried out by such persons independently. Upon expiration of the lease agreement, these entities are obliged to vacate the apartments allocated to them within a month.

Providing specialized housing

Move-in to designated institutions is carried out by special order of state-owned institutions or the owners of the relevant institutions, acting in accordance with a special order of the federal or regional government body supervising their activities.

The grounds for the provision of premises in these institutions are regulated by the provisions of Article 99 of the RF Housing Code.

The main rule for applicants for these areas is actual need, confirmed by documents.