How to divide bills in a non-privatized apartment: nuances of the procedure

Status of a non-privatized apartment

Any apartment or residential building has its own owner. Such owners may be:

• citizens;
• organizations;
• urban or rural settlement, region or state.

Legal entities have their own housing stock, residential premises from which are distributed among citizens in need of housing. In this case, the residential premises do not become property, but are transferred for indefinite use under a social tenancy agreement.

Previously, citizens could not obtain ownership or buy an apartment; they only had the right to use residential premises provided to them by the state or the organization in which they worked. Now the situation has changed dramatically: the state provides free apartments only to certain categories of citizens:

• for the poor;
• children left without parental care upon reaching adulthood;
• those who lost their housing as a result of natural disasters or catastrophes.

Currently, there remains a small number of residential premises that citizens have not yet privatized for a variety of reasons; in such cases, the state still remains the owner of the housing, giving those registered there the right to indefinite use of apartments in the status of a tenant.

This status allows residents to use the apartment for living, but not to dispose of it in full, as full owners of privatized residential premises.

There is another category of apartments that citizens use under a social tenancy agreement: departmental housing. Such real estate is provided to employees of individual organizations for the duration of their work in the institution that owns the residential premises.

The legal basis for using departmental housing is similar to state housing, but there are differences: a citizen can use an apartment only as long as he works in the institution; after dismissal, he is obliged to leave it.

Non-privatized apartments used under a social tenancy agreement are divided into two different housing stocks:

1. Social housing . The apartment is provided to certain above-mentioned categories of citizens who have the right to do so.
2. Specialized . Such residential premises include departmental apartments, housing for military personnel, as well as those provided to refugees, displaced persons and other categories of citizens.

How is a non-privatized apartment divided during a divorce?

You can try to divide a non-privatized apartment in three ways:

• exchange;
• privatize and then divide;
• obtain the right to use.

Exchange of a non-privatized apartment

What is meant by the words “exchange of living space”? Citizens who have started such an exchange must find two different non-privatized apartments whose residents want to “move in” with each other, obtain consent to such manipulations with housing from these residents, as well as from the owners of all apartments (state or local municipality) and then exchange one , a common apartment for spouses into two separate ones.

Previously, when all apartments were owned by the state, this method was very common, some managed to carry out double or triple exchanges, and entire chains of families were built who wanted to exchange apartments in various ways.

Currently, the problem of exchange is much more difficult to solve, since there are fewer and fewer non-privatized apartments every year, and the number of possible options is decreasing. In addition to the relatively small number of remaining non-privatized apartments, to carry out the exchange it is necessary to obtain the permission of the owner, conclude an exchange agreement, and then conclude a new lease agreement for each apartment participating in the exchange.

But, first of all, the mutual consent of the former spouses is necessary.

So, both spouses agree to the exchange, in which case they must perform the following actions:

1. Find exchange options that suit everyone.
2. Conclude an exchange agreement with counterparties.
3. Obtain the consent of the owners of all apartments participating in the exchange for the exchange.
4. Terminate all social rental agreements on the basis of which all exchange participants use residential premises.
5. Conclude new contracts.

Verbal agreement to exchange is not enough. Each apartment owner must give a written response on consent or refusal to exchange within ten working days from the moment the applicant filed a request.

The grounds for refusing to issue an exchange permit may be:

1. Conflict situation between homeowners and tenants. This could be a change in the conditions of use of the apartment, the tenant’s debt on utility bills, the owner’s intention to evict the tenants, etc.
2. Recognition of one (or more) of the exchanged apartments as unfit for habitation.
3. Any of the tenants or lessors disputes the right to use the residential premises.
4. The building in which any of the exchanged apartments is located will soon be demolished, or a major renovation or redevelopment is planned.
5. As a result of the exchange, a situation will arise where citizens with certain serious illnesses, for which they need a separate room, will have to live together with other residents.

For example, spouses Ekaterina and Nikolai live in a two-room non-privatized apartment. Ekaterina’s mother, a disabled person of the second group, diagnosed with tuberculosis, lives with them. She occupies a separate room, since according to the law, patients with such a diagnosis require a separate isolated room.

The couple decided to get a divorce and exchange the apartment, but the only exchange option they could find was to exchange the two-room apartment for a one-room apartment and a dorm room. Neither option is suitable in the case of this family, since when moving to a one-room apartment or room, Ekaterina will be forced to live with her sick mother in the same room.

Important. If minor children live in one of the residential premises planned for exchange, the consent of the guardianship authorities to such an exchange is required.

Russian legislation specifies a number of requirements that apply to real estate exchanged, namely:

1. It is possible to exchange an apartment used under a social tenancy agreement only for residential premises with the same legal status.
2. All housing participating in the exchange must belong to the same housing stock. For example, exchanging real estate from a social fund for an apartment from a special fund is unacceptable.
3. It is impossible to exchange an apartment or room for part of the premises in another apartment, or for premises that are not recognized as residential (kitchen, bathroom or utility room).
4. Each of the exchanged residential premises must comply with all sanitary standards.
5. The law does not allow exchanging for an adjacent room; any of the rooms intended for exchanging must be isolated.
6. It will not be possible to exchange an apartment if one of the spouses is forced to move to a room or apartment that does not take into account the space standards for each family member.

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For example, if a mother and children have to move to an apartment whose living space per person is less than the standard, guardianship will not allow such an exchange.

Privatization and subsequent partition

A more acceptable option for dividing a non-privatized apartment is its privatization and subsequent division. The conditions under which this is possible are:

• registration of both spouses in a divided apartment;
• participation in the privatization of one and the other, only in this case they will receive the right of common shared ownership of residential premises.

In situations where, in addition to the husband and wife, other relatives are registered in the apartment, they all have the right to participate in the program in equal shares, and if they all agree to privatization, each will receive their share of the property, and the subsequent division will be implemented in proportion to the shares all residents of the apartment.

Important. Privatization is possible only with the consent of everyone registered in the residential premises.

Of course, one of the spouses can refuse privatization (a written, notarized refusal is required), in which case the second spouse will receive the residential premises as their own property.

For example, the K. spouses, living in a two-room non-privatized apartment, decided to get a divorce. Elena K. suggested that her husband privatize the apartment before the divorce in order to divide it after the divorce. Denis K. categorically refused to participate in privatization, and when his wife said that she would then register the apartment in her own name, he replied: “Do what you want.” However, he gave a written refusal to privatize Elena.

Elena K. privatized the apartment, which subsequently became her private property. During the subsequent divorce and division of joint property, Denis K. no longer had any right to either the apartment or its share and was forced to rent housing for a long time.

Right to use the apartment

In accordance with the Housing Code of the Russian Federation, all family members of the responsible tenant have the right to use it after divorce, including the ex-spouse. This means the following:

• he can sublet it;
• demand exchange of living quarters;
• perform any actions with the residential premises that are available to the other spouse.

The only thing that can be changed after a divorce is the procedure for paying utility bills. After the divorce process, the second spouse is responsible for his share of the costs of maintaining the apartment and must comply with them. To do this, he can apply to the owner of the residential premises (landlord) with a request to divide the obligatory payments. In this case, the former spouses will receive two separate bills for payments, each will have to pay their part of the utility bills.

Important. A social tenancy agreement is concluded with one of the residents registered in the apartment, even if the spouses divorce.

Former spouses can enter into an agreement in which they agree on the procedure for using the real estate. In such an agreement, each spouse, if possible, is assigned a separate room, and a schedule or procedure for using utility rooms (bathroom, kitchen, loggia, storage room) is specified.

Division of accounts in a municipal apartment during divorce

If the former spouses decide to continue living under the same roof, there is an option for dividing personal utility bills. The section is possible in two ways:

1. Drawing up an agreement.
2. Contact the management company or the EIRC.

In the first case, the former spouses independently determine the shares in the payment receipts to be paid by each of them.

In the second case, the procedure is structured like this:

1. Citizens apply to the EIRC with an application for separation of accounts, signed by all registered persons. You will need a social rent agreement.
2. The EIRC considers the application for 10-14 days, after which a written decision is issued on splitting the account or refusal with an explanation of the reasons.

If the employer or the other party refuses to divide, the initiator should apply to the magistrate’s court at the location of the property. You must have with you:

• statement of claim;
• certificate of divorce;
• certificate of absence of debt on utility bills.

The result of the division is the separation of one payment account into two equal ones. If this is not done, there is a high probability of a financial burden on housing and communal services payments for one person if the second refuses to pay.

The likelihood that the court will agree to division is low. Judging is becoming less and less likely to agree to such a decision. Therefore, the issue will be considered on an individual basis, taking into account the specifics of judicial practice in the region. But you can try.

In most cases, in 2020, it is proposed that one of the employers make payments for housing and communal services in full, and then collect the debt from the second. Otherwise, the management company will sue, the debt will be withheld from all adult residents of the family in proportion.

Sample statement of claim

The application form to the EIRC is not regulated by law. To fill out you will need the following information:

• name of the management company;
• Full name, passport details, address of the applicant;
• account number;
• petition for separation;
• social rent agreement number;
• Full name, number of registered citizens, their signatures;
• date of application and signature of the applicant.

A statement of claim must be filed when the management company refuses to divide personal accounts. By contacting the EIRC, the citizen will prove that he has taken measures for a voluntary settlement.

The statement of claim must include the following information:

• name of the court at the location of the apartment;
• applicant's details (full name, registration address, passport details, telephone number);
• information about the defendant (full name, registration address, passport details, telephone number);
• third party (management company);
• name of the application;
• information about the termination of marriage;
• information that you applied to the management company to split the accounts, but were refused;
• reference to law;
• request for division of accounts;
• additional requirements (if any);
• list of documents;
• date and signature.

How to divide a non-privatized apartment

In practice, the division of a non-privatized apartment means the division of personal accounts. The new Housing Code prohibits dividing personal accounts, so direct division of such apartments has become impossible. The motivation for this ban is the fact that separate personal accounts make apartments a kind of communal apartment, which was common practice in the early Soviet period.

Therefore, in the event of a divorce between spouses living in a non-privatized apartment, there are three options for division, which were discussed above. Let us dwell in more detail on the most acceptable of them - privatization, further division in shares or through sale and division of funds. The spouses will have to carry out several step-by-step actions before they can share the living space.

The first stage will be privatization. The first thing to be done in the privatization process is to obtain the consent of all family members. For minor children, such consent is given by their legal representatives. Then the remaining documents must be collected and an application for free transfer of ownership of the residential premises must be submitted. The application is submitted to local authorities or the Housing Policy Department. The best option would be to register the residential premises as common property.

Further actions of the spouses can occur in two ways.

1. Allocation of shares in kind. With this option of division, from one residential premises, privatized into common ownership, two (or more) real estate objects are allocated, each of which will have its own owner. In fact, a separate apartment becomes communal, with each owner having his own room (several rooms), and premises that cannot be divided (common areas such as a kitchen, bathroom, hallway, etc.) remain in the common use of each of them owners.
2. Sale of an apartment and division of proceeds. Not every privatized apartment can be divided in kind; for example, when dividing a one-room apartment, this is impossible. The only option remains: to sell the residential premises, subsequently dividing the money received for the apartment equally.

This option is not possible if the family has minor children and the spouses do not have alternative housing. The guardianship authorities will not give permission to sell the apartment.

Before starting the division of a non-privatized apartment, it is advisable for spouses to think about everything and weigh: what result will suit each of them. Then, based on the chosen section option, in order not to make annoying and sometimes irreparable mistakes, it is better to seek advice from a specialized specialist, taking with you the following documents:

• certificate of registration and composition of family members;
• a copy of the social tenancy agreement;
• a detailed plan of the apartment (you can provide a hand-drawn plan, the main thing is that it shows all the available rooms, the location of windows, doors and the area of ​​​​each room).

What you need to know when dividing a non-privatized apartment

When using a non-privatized apartment, a married couple must remember several features of its operation and division:

1. If one of the spouses is not registered in the apartment, regardless of registration or lack thereof of the other spouse, he does not have any rights to this residential premises during a divorce.
2. If a husband or wife refuses to participate in the privatization of real estate, they lose all rights to the apartment.
3. When spouses divorce, they do not have the right to demand an exchange of living space from the owner of the apartment, no matter who he is, no one is obliged to provide them with separate housing. Former spouses look for any option for exchange or division on their own.

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In case of divorce and division of joint property, non-privatized residential premises will in any case remain the property of its owner (state, municipal authorities, etc.) and is not subject to division.

The only acceptable option in the vast majority of cases may be the privatization of the apartment followed by division into shares or sale and division of the proceeds.

The exchange of non-privatized residential premises is unlikely, since the former spouses will have to find such exchange options that would suit both parties, and they can only exchange for the same non-privatized apartments.

Is it possible to divide a non-privatized apartment through the court?

During a divorce, there are often situations where mutual accusations and an already tense atmosphere do not allow spouses to make correct and informed decisions. Nobody wants to give in; there is no agreement on any issue. What remains is an attempt to solve the problem through the courts.

But if when dividing a residential premises that is jointly owned by spouses, everything is more or less clear, then the division or exchange of a non-privatized apartment is a rather long and complex process, since the court must take into account the interests of all family members. This is especially true for families where there are minor children or other incapacitated family members. In such cases, the court involves the guardianship and trusteeship authorities to participate in the process.

Of course, with a certain persistence and desire, it is possible to divide a non-privatized apartment through the court, but most often this division does not happen the way the plaintiff would like; legal proceedings last for years and require the investment of huge funds, effort, time and nerves. As a result, the division will occur according to one of the options described above, since there are no others.

The best way to avoid problems with the division or exchange of a non-privatized apartment is the help of a specialist. Usually, when such or similar situations occur, people who are inexperienced in legal matters are at a loss and do not know where to start, who to contact, or what documents to collect. Sometimes they take many unnecessary and incorrect steps, some of which are subsequently difficult, and sometimes impossible, to correct.

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An experienced lawyer is always ready to offer several options for getting out of this situation; all you have to do is choose the most optimal one for you.

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How to divide a non-privatized apartment

Applicant V.A.P. lives in a 3-room apartment with a total area of ​​66 sq.m. on social rental terms. His sister V.I.P, 46 years old, lives with him with her daughter, 22 years old. The apartment is non-privatized, the rooms are isolated. V.A.P. wants to privatize the apartment and has prepared a technical passport, but the sister does not give consent to privatization and at the same time she does not pay the rent. V.A.P. I heard that it is supposedly possible to divide personal accounts, and then privatize your part for subsequent sale. To do this, he intends to go to the Registration Chamber, where the division (allocation) of personal accounts will be carried out. It is necessary to invite technicians from the BTI and carry out the allocation of personal accounts.

Applicant's question: How can personal accounts in a municipal apartment be divided with the subsequent privatization of one's share?

Lawyer's answer

As a result of the conversation, the circumstances and documents in the case were clarified, in particular, whether the applicant tried to leave or agree with his sister on joint privatization for the subsequent sale and acquisition of a separate residential premises; who is the current tenant in charge, a copy of the apartment card was reviewed.

As can be seen from the content of this rule of law, privatization of residential premises is possible only with the obligatory consent to privatization of all adult members of the tenant’s family, including former members of the tenant’s family (Part 4 of Article 69 of the Housing Code of the Russian Federation). This rule of law does not establish any exceptions for family members living with the tenant, including those who previously participated in the privatization of other residential premises.

According to paragraph 2 of Art. 62 of the Housing Code of the Russian Federation, an independent subject of a contract for the social rental of residential premises cannot be non-isolated residential premises, premises for auxiliary use, as well as common property in an apartment building.

In addition, in paragraph 31 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 02.07. 2009 No. 14 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation” it is said that courts must keep in mind that the Housing Code of the Russian Federation does not contain rules on the right of a family member of a tenant of a residential premises to demand that the landlord change the contract social rental by concluding a separate social rental agreement with him. In this regard, the requirement of a family member of the tenant to conclude a separate rental agreement for residential premises with him (including taking into account the provisions of Article 5 of the Introductory Law and in relation to residential premises provided under a social rental agreement before March 1, 2005), based on the volume of housing The rights of the tenant and members of his family, defined by Article 67 of the Housing Code of the Russian Federation and paragraph 6 of the Model Social Tenancy Agreement for residential premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 No. 315, are not subject to satisfaction.

Thus, from March 1, 2005 (the Housing Code of the Russian Federation came into force), the current housing legislation does not provide for the separation of personal accounts.

Previously Art. 86 of the Housing Code of the RSFSR established the right of an adult family member of the tenant to demand the conclusion of a separate rental agreement with him, if with the consent of the other adult family members living with him and in accordance with his share of the living space or taking into account the agreement on the procedure for using the residential premises. The current Housing Code of the Russian Federation contains Art. 82, which provides for changes to the social tenancy agreement for residential premises. But it has a fundamentally different content. It regulates the possibility of combining several social rental contracts when joining citizens living in the same apartment into one family; and also establishes the principle of replacement of employers.

From the words of V.A.P. It follows that previously his father was the responsible tenant, but after his death no one has yet.

All members of the tenant's family are jointly and severally liable and are required to pay rent for housing and utilities on time (Article 31, paragraph 5, part 3, article 67 of the Housing Code of the Russian Federation, paragraph 3 of Article 682 of the Civil Code of the Russian Federation).

As previously stated, Sister V.A.P. and her daughter do not pay rent or utilities. If payment is not made for more than six months, the tenant and his family members living with him may be evicted in court with the provision of another residential premises under a social tenancy agreement, the size of which corresponds to the size of the residential premises established for moving citizens into a dormitory (Article 90 of the Housing Code RF; clause 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14).

Since the payment in this case cannot be divided, V.A.P. it is necessary to pay housing and communal services in full, and then collect their shares from the sister and her daughter by way of recourse, since the debtor who has fulfilled a joint and several obligation has the right of recourse to the other debtors in equal shares, minus the share falling on himself (clause 1 part 2 article 325 of the Civil Code of the Russian Federation).

There are the following ways out of this situation.

Firstly, this is a housing exchange. According to Part 1 of Art. 72 of the Housing Code of the Russian Federation, the tenant of residential premises under a social tenancy agreement, with the consent in writing 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 employer.

The landlord's refusal to give consent to the exchange of residential premises can be challenged by the tenant and members of his family in court according to the rules of claim proceedings (Part 3 of Article 72 of the RF Housing Code). Thus, V.A.P. You will need to find several options for exchanging housing, and then, if you cannot reach agreement with your sister, file a lawsuit in court, demanding a forced exchange of housing.

Secondly, V.A.P. you need to try to negotiate with your sister to agree to privatize the apartment in equal shares, and then sell your shares and leave. At the same time, it is necessary to remember about the pre-emptive right of purchase by other participants in shared ownership, Art. 250 Civil Code of the Russian Federation. If the sister gives consent to privatization, but in the future disputes arise about the procedure for using the apartment or about who owns this or that room, you can determine the procedure for using the apartment in an agreement, which is concluded in writing (Article 247 of the Civil Code of the Russian Federation). In case of failure to reach agreement on the procedure for using the property of V.A.P. has the right to file a claim in court to determine the procedure for using the property (apartment). Sample statements of claim are printed and handed over to the applicant.

Consultation given in November 2014.

Instructions for dividing a non-privatized apartment between relatives

Let's look at both options for this section in more detail. It should be borne in mind that there are no alternative methods, because in fact a non-privatized apartment belongs to the state and residents only have the right to live in it.

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Voluntarily

If all family members agree, then there is no problem as such, be it exchange or privatization. In the first case, everyone helps as much as they can, in the second, everyone collects money to register the property as private property. There will be virtually no expenses, apart from the obligatory payment to the treasury, to obtain your property. The only expense: for state registration of new owners. It costs 2000 rubles.

Section by agreement

The division of a municipal apartment by agreement of the parties is possible only if all property owners agree to carry out this process. This document must be drawn up in writing and certified by a notary.

What to write?

The voluntary separation agreement must contain the following information:

• Full names of all co-owners;
• information about the subject of the section such as address, total area, etc.;
• technical information;
• the procedure for the privatization of real estate, as well as the further division of its shares;
• information about the encumbrances imposed on the subject of division or their absence;
• determining the procedure for owners to bear costs associated with the privatization process and division of property;
• additional points that are important for the full completion of the division procedure;
• date of document preparation;
• signatures of all parties.

An agreement can also be concluded regarding the procedure for using a municipal apartment and dividing rooms for each tenant. There is no need to register such an agreement, but it is unlikely to be enforced.

How to register?

After the agreement has been drawn up, signed by all parties and certified by a notary, the owners need to contact the Rosreestr authorities, because if the transaction provides for the division of real estate into shares, then these changes must be registered in the manner prescribed by law.

Within one month after contacting the specified government body to make appropriate changes to the register, the owners will be able to receive documents confirming their property rights to the newly formed shares of the disputed apartment.

Important! The procedure is described only for cases when a municipal apartment is privatized by residents. In other cases, it is impossible to register ownership of municipal housing even within the framework of the concluded agreement!

Division through court

The division of municipal housing in court makes sense only if the residents of the disputed apartment could not find common ground in deciding the feasibility of its privatization.

Procedure

In order to resolve the issue of division of residential real estate owned by municipal authorities, it is necessary to go through the following procedure in court.

Sample statement of claim

The application form to the EIRC is not regulated by law. To fill out you will need the following information:

• name of the management company;
• Full name, passport details, address of the applicant;
• account number;
• petition for separation;
• social rent agreement number;
• Full name, number of registered citizens, their signatures;
• date of application and signature of the applicant.

A statement of claim must be filed when the management company refuses to divide personal accounts. By contacting the EIRC, the citizen will prove that he has taken measures for a voluntary settlement.

The statement of claim must include the following information:

• name of the court at the location of the apartment;
• applicant's details (full name, registration address, passport details, telephone number);
• information about the defendant (full name, registration address, passport details, telephone number);
• third party (management company);
• name of the application;
• information about the termination of marriage;
• information that you applied to the management company to split the accounts, but were refused;
• reference to law;
• request for division of accounts;
• additional requirements (if any);
• list of documents;
• date and signature.

Documentation

The court must provide:

• Statement.
• Receipt for payment of state duty.
• The plaintiff's passport or other identity document.
• Documents relating to the privatization or exchange of real estate.

It is recommended to attach as much documentation as possible, even if from your point of view in this case this or that paper is not required. The defendant has the right to do the same.

When drawing up a statement of claim, you should be guided by Article 131 of the Code of Civil Procedure of the Russian Federation. In this case, it is especially important to describe in detail all the features of the planned section, including even small details. We offer a sample statement of claim for a standard division of an apartment, but it is easy to supplement it with the necessary information.

Price

According to paragraphs. 3 clause 1 article 333.19 of the Tax Code of the Russian Federation, the person filing the claim is responsible for paying the state fee, which is 300 rubles. In addition, the plaintiff may incur additional costs for paying for the services of a representative, but this case is individual for each case under consideration.

Separately, the review of the RF Supreme Court on privatization disputes states that claims in this category of cases are not subject to assessment and the value of real estate. subject to privatization, evaluation is not required to file a claim.

What is an order and what does it look like?

An apartment warrant is a document that allows you to inspect the living space and move in. Before the collapse of the USSR, it was the main document giving the right to live in official housing.

Currently, a warrant is issued to a person who has received the right to reside in a municipal or service apartment for occupancy.

The order is an A4 document containing the following information:

• Full name, series and number of the resident’s passport;
• name of the authority that issued the warrant;
• address of the housing location;
• area provided;
• a surname list of the resident's family members;
• date of issue and expiration date.

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The order consists of two parts - the main sheet and the tear-off spine, which remains with the authorized body that issued the document.

Where to get it

A warrant is issued on the basis of a social rental agreement for municipal housing or an employment contract with an organization, as well as upon receipt of the right to a hostel for full-time university students.

Persons who have received the right to social rent are issued a warrant upon signing a tenancy agreement at the housing committee of the local municipality.

For those receiving official housing, employees, career military personnel and university students, warrants are issued before moving in or at the personnel department, commissariat or dean's office of the university, respectively.

Concluding a social tenancy agreement does not always imply immediate occupancy in an apartment. The issuance of warrants and the occupancy of persons who have signed a social tenancy agreement in practice occurs as free rooms or apartments become available.

Receiving an order is carried out without a queue for the following persons:

• disabled people;
• old age pensioners;
• large families;
• military personnel and employees when moving to a new settlement with their families.

To obtain a warrant, military personnel must submit the following documents, in accordance with paragraph 32 of Government Decree No. 1054:

• certificate of delivery of previous official housing;
• certificate confirming the absence of a privatized apartment in the host city;
• military ID;
• copies of passports of all family members (for children - copies of birth certificates).

The received warrant gives the right to move in within the period specified in the document.

Going to court

When people live in government premises and they cannot agree on who should pay for utilities and how much, they need to do the following. It is necessary to file a claim for the allocation of a share and the payment procedure. If you file a claim on how to divide bills in a non-privatized apartment, it will not be accepted.

First of all, you need to fill out the application correctly. You can obtain forms from various law firms. If necessary, you can use their services; they will help you draw up your application correctly. It is also necessary to add to it the passports of everyone who lives in a particular municipal apartment, and a social tenancy agreement.

How to recover

If the warrant is lost, it must be restored in order to use the residential premises legally. To restore, you should contact the authorized service where the tear-off counterfoil of the order is stored, with the following documents:

• Russian passport;
• a copy of the social tenancy agreement;
• certificate from the house management.

Restoring the order takes 2-5 days, depending on the work of the authorized body that issued the residence permit.

If there are no other documents for the apartment besides the warrant, then the document is restored through the courts.

The absence of a social tenancy agreement is possible if you received an apartment in the period before 2001, when the only document for non-privatized housing in many municipalities was a warrant received from the enterprise. When going to court, you must present receipts for payment of utility bills and obtain testimony from neighboring witnesses confirming the plaintiff’s residence in the specified apartment.

Retention of use rights

How a municipal apartment is divided during a divorce and how utility bills are paid is determined individually. Formally, the spouses continue to live in the apartment together, but the method of fulfilling obligations to maintain housing changes, and separate accounts are formed for payment of housing and communal services. The social tenancy agreement is not divided into two, but payment receipts are sent separately in proportion to the occupied part of the total area.

If spouses use housing equally, then each has the right:

• sublease part of the housing;
• move third parties into the designated territory;
• initiate the exchange of non-privatized housing.

If the parties disagree on key issues, then it is possible to make a decision in court regarding residence, territorial division in terms of determining rooms, establishing rules for the use of auxiliary premises (kitchen, bathroom, loggia). Former spouses need to come to terms with their proximity and comply with the established order by the court.

How to divide orders in a privatized apartment

The division of orders into several is often required in municipal apartments during divorce proceedings or if some residents wish to rent housing from the authorities under a separate agreement. This desire may arise due to:

• systematic violation by neighbors of the rules of living in the apartment;
• non-payment of utilities and other mandatory payments by neighbors;
• desires of neighbors to privatize housing according to separate documents.

Splitting the order allows you to separate the activities of your roommates and be responsible only for your own actions.

To divide a collective order into individual ones, you must:

1. apply to the municipal housing committee with an application;
2. wait for a decision to be made (up to 10 days);
3. receive new orders.

When making a decision, municipal authorities evaluate the size of the isolated areas per family after the division of orders. The minimum area per person should not be less than 12 square meters. m.

Military personnel and enterprise employees living in official housing submit an application to the commandant of the military unit or the head of the personnel department, respectively.

The text of the statement states:

• required number of orders instead of one;
• the area per order after division;
• a list of residents assigned to each of the orders;
• the responsible employer of each order;
• grounds for separation.

If the apartment has already been privatized into common ownership, then its division into shares by order allows residents of each isolated area of ​​the apartment to receive separate bills for electricity and other utilities.

After the privatization of the apartment, the orders cease to be valid, but the apartment is divided into shares proportional to the living space indicated in the order.

Features of the division of privatized housing between relatives

Ideally, a partition in kind provides for the allocation of a separate entrance to each resident, but this option is practically impossible in a city apartment. In order not to rebuild your home, it is better to agree on maintaining normal relations after the division and provide your friend with free access to common premises.

• as a percentage. This option is more acceptable, because... To satisfy the rights of each tenant, you can sell the apartment and divide the amount received in accordance with the intended shares, or compensate the required amount with money or property.

We recommend reading: Who can receive an extended extract from the Unified State Register

Obtaining an apartment by order

Checking into residential premises in the presence of a warrant occurs in the following order:

1. presentation of the warrant to the manager of residential premises;
2. payment for accommodation (if necessary);
3. inspection and acceptance of the premises according to the acceptance certificate with an inventory;
4. obtaining a document on the right of residence.

The warrant is presented to the commandant of a service or student dormitory, and in the case of municipal rentals, to the head of the housing management.

Payment for rental housing under an order can be differentiated according to the utilities actually consumed, when moving into municipal housing, or made in advance in the form of a single monthly payment - when moving into a service or student dormitory.

After submitting the warrant to the commandant, the occupant signs the acceptance certificate and 2 copies of the property inventory, keeping one for himself. The inventory contains a list of furniture and equipment in the residential premises being rented, as well as notes on the presence of cosmetic repairs (wallpaper, curtains, etc.).

When moving to another housing due to a move, a warrant for a new living space is not issued until the previous place of residence has been completely handed over according to the inventory. In case of loss or damage of part of the property, it is subject to compensation at the expense of the resident.

How to privatize an apartment without a warrant

Privatization of an apartment occurs on the basis of a decision of the local municipality, which is issued regardless of the presence of a warrant.

Only municipal housing space occupied under a social tenancy agreement can be privatized without a warrant.

Service housing and apartments for military personnel are privatized by order and in the presence of appropriate benefits for length of service.

To privatize an apartment without a warrant you should:

1. prepare documents for the apartment;
2. submit an application to the housing committee of the city administration;
3. obtain permission for privatization;
4. register ownership in Rosreestr.

To privatize an apartment, you will need a social tenancy agreement, a copy of your passport, as well as a purchase and sale agreement if the right to rent was acquired after 1992.

The application for privatization must indicate:

• name of the circulation authority;
• a list of all rights holders for the apartment by name;
• start date of residence;
• the type of law on the basis of which residential premises are occupied - municipal lease;
• address of the apartment location;
• cadastral number;
• living and common areas;
• number of rooms.

If the apartment has not yet been registered with the Unified State Register of Real Estate, then before privatization it is necessary to issue a technical passport.

In the absence of a warrant indicating the exact parameters of the living space, to obtain a technical passport, it is necessary to call specialists from the BTI to take measurements and draw up an explication plan.

After registration of the registration certificate, the apartment is registered with Rosreestr and assigned a permanent cadastral number.

Upon registration of the apartment and the availability of social tenancy rights, municipal authorities issue a permit for privatization. With this document, you must contact Rosreestr again, attaching a receipt for payment of the state duty (350 rubles), as well as the received registration certificate.

Watch the video for step-by-step instructions on how to privatize an apartment:

Rent for non-privatized housing

On the other hand, this apartment can be disposed of at your own discretion without any problems: A privatized apartment can serve as collateral when applying for a loan and even after the death of the owner will remain in the family, passing by right of inheritance. However, various questions often arise, without knowledge of which privatization is not possible, and one of them is whether it is possible to privatize an apartment if there is a debt? The legislation of the Russian Federation does not comment on this issue in any way, and, therefore, the presence of debts should not interfere with this process in any way, but in the process of collecting documents, any problems may arise that will have to be dealt with along the way. Legislation The Federal Law “On the Privatization of Housing Stock in the Russian Federation” states: every adult resident of the Russian Federation can once exercise the right of free privatization.

Bailiffs are carrying out evictions of tenants of non-privatized real estate for housing and communal services debts, with the support of law enforcement officers who help curb the violent behavior of many tenants subject to eviction. They also take the necessary measures to free the property from the tenant’s personal belongings. When evicting tenants from non-privatized apartments, their constitutional rights must be respected, which consist in the legal right to live in equipped residential premises.

IDPs must be provided with comfortable living conditions in another place. If it was not possible to find suitable housing, former tenants will be offered a room in a hostel, the square footage of which will be calculated based on established standards: 6 square meters. m. for 1 person. Frequently asked questions Let's look at the most common questions that citizens ask.

If a homeowners association, residential complex or housing cooperative has been created in the building, then the amount of mandatory payments or contributions associated with the costs of maintaining and repairing common property in an apartment building is determined by the management bodies of the partnership or cooperative. — Does the service organization have the right to set tariffs for housing and communal services before registration of ownership, but after receiving the keys? — This is one of the controversial issues, to clarify which you need to carefully read all the documents for the new building (contracts, deeds, additional agreements, etc.). According to the current legislation (Article 153 of the Housing Code of the Russian Federation), the obligation to pay for the maintenance of residential premises and utilities arises from the moment the ownership right arises, that is, after the state registration of such a right in the Unified State Register. Based on this provision of the law, many believe that they are not obliged to bear the costs of paying for housing and communal services.

However, persons occupying an apartment under a social tenancy agreement pay a fee for the use of residential premises, maintenance and current repairs of common property, and the owners, in addition, also pay for major repairs. Thus, tenants still pay less for housing than owners. — My father died and left me a two-room privatized apartment. Should I pay for utilities if I have not yet entered into inheritance rights? - Yes, we should.

In accordance with Art. 1152 of the Civil Code, property is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the period of state registration of the right.

Is it necessary to pay rent (fee per square meter of area) for a privatized apartment?

I heard that you shouldn’t confuse rent and utility bills. What do you need to pay for a privatized apartment? Thanks for the answer.