✋🏽 🥑 🧘🏽 An apartment order: a sample of how to recover 🚣🏻 😎 🤚🏼

The only title document for an apartment in Soviet times was a warrant. Subsequently, he was recognized as the basis for obtaining property in the property. Currently, a warrant for an apartment is not issued. Nevertheless, some citizens have to use it when deciding on the housing problem. Let us further consider what constitutes a warrant for an apartment, how to restore it in case of loss.

General information

Warrants for apartments were issued to citizens before March 1, 2005. The order was a title document, that is, it confirmed the right of the subject to use specific housing. After the housing reform, instead of warrants, commercial contracts, social rent and gratuitous use contracts began to take shape . The specific type of agreement depends on the area of the facility and the basis for the transfer of real estate to the property of a citizen.

A citizen received a warrant for an apartment when moving into state or municipal housing. During privatization, the document was replaced by a certificate of ownership. To get it to the authorized body, it was necessary to submit a previously issued warrant for a municipal apartment. It indicated information about the tenant of housing, as well as information about all persons registered in it. As a rule, one citizen was the main employer, and the rest of the family fit in with him.

The difficulties of privatization

I must say that far from all citizens have registered ownership of housing or entered into a social loan agreement. Accordingly, the property in which they live remains municipal (or state). Current legislation allows you to privatize an apartment by order. However, for many, this document has been lost or has become unusable. This is what creates a lot of problems.

The previous procedure for obtaining housing

In Soviet times, every employed citizen knew where to get an apartment warrant. This document was drawn up in the executive committee at the location of the object. At the same time, a viewing order was issued at first. It was a document with a tear-off coupon that remained in the executive committee. Within five days, the citizen was to inspect the living space and write a statement of consent to move in or refusal to do so.

When making a positive decision, the executive committee executed the main order. It also looked like a one-page tear-off document. The following information was present in the apartment warrant:

The name of the employer.
The number of persons moving with the employer, their F.I.O., date of birth. The degree of kinship was also indicated here.
Information about the living space.
Date of check-in.

The tear-off ticket remained in the executive committee, and the rest of the warrant for the apartment was kept by the tenant. The duration of this document was not limited by law.

Features of legal regulation

According to the previously operating LCD of the USSR, the warrant was considered the only basis for settling in the apartment provided by the municipality. According to the provisions of Article 13 of the Federal Law governing the foundations of the federal housing policy, this document is provided by citizens who move into premises under a contract of employment.

The Decree of the USSR Armed Forces of 1987 (as amended in 1990) states that a social loan agreement can be declared invalid if the check-in was carried out without a warrant.

By its legal nature, an order is an administrative act of a regulatory nature on the provision of a specific housing space to a citizen. In the LCD, which entered into force in 2005, the order is not indicated as a binding document.

The document lost its legal significance due to the fact that today all housing can be divided into private and state (municipal).

A warrant for state (municipal) housing is not needed, since when providing it to citizens a social loan agreement is concluded. He actually replaced the warrant for the apartment. Privatized housing, that is, transferred to the ownership of citizens, is registered in the Unified State Register of Real Estate. An extract is generated for each such object. The basis for making an entry in the register, in turn, is different documents: certificate of inheritance, deed of gift, privatization agreement, etc.

An apartment warrant has been lost - how to restore a document?

Firstly, it must be said that the loss of a document does not mean that it is impossible to formalize the privatization of housing. The applicant, of course, will have to submit to the registering authority a confirmation of the right to housing. Since you can’t get a warrant for an apartment again, you need to write an application for a copy of it. An interested person may also draw up another document confirming the right to this housing.

If a warrant for an apartment provided by a cooperative is lost, you must contact the HOA board. There should be archives with all documents issued.

You can write an application for a copy of an apartment warrant at the local administration. As a rule, property committees or departments operate in municipalities. It is necessary to write in the application that the warrant for the apartment has been lost, and its privatization requires a duplicate.

Another option is to contact the MFC. But here it should be noted that the period for issuing a duplicate may be delayed.

Another authority that can help solve the problem is the passport office. The fact is that when registering at the place of residence, information about this was entered into the apartment warrant (a sample document is presented in the article).

Privatization Features

Since it is quite difficult to restore a warrant for an apartment today, you can try to register a property without it. It should also be noted that the absence of this document will not affect the right to reside in the premises, since the citizen has a residence permit.

If the apartment needs to be privatized, but there is no warrant for it, you can contact the administration of the municipality to draw up a social hiring agreement. To do this, collect the following documents:

Statement of loss of warrant. It is written in free form. The statement should indicate the reason for the loss of the document.
Extract from the house book. It should contain information about all citizens registered in the premises.
Copies of passports of persons registered in the apartment.
Documents confirming the fact of living in the room. As them, for example, may be utility bills.

According to general rules, a social loan agreement is drawn up within a month. In case of refusal of the administration in its conclusion, the decision can be challenged in court.

Is it possible to divide the housing area received by the warrant?

Quite often, several people live in the same apartment, ceasing to be members of the family. For example, it can be a former husband and wife. After a divorce, they do not always have a friendly relationship. Often, former spouses want to divide the living space. Firstly, it is possible if it is privatized. Secondly, the section is allowed if there are technical conditions for this. What if they are missing?

In court, the so-called section of the warrant can be implemented. In fact, the personal account will be divided. Each citizen registered in the apartment will be assigned a part of it. He will be responsible for its maintenance and payment of part of the services. In the division, the court will establish the procedure for making mandatory payments.

It should be noted that entities, although registered in the apartment, but not the owners, can only use the living space, but not dispose of it. Nevertheless, the use of the apartment involves the fulfillment of obligations for the maintenance of real estate.

Errors in the order

They are common enough. Errors are very different: the owner’s initials are incorrectly indicated, a typo in the surname, etc. Meanwhile, an incorrectly executed order may well cause a refusal to satisfy the application for housing privatization. In such a situation, it is quite difficult to defend your rights, as well as restore an order for an apartment with the correct data. Moreover, even in court to apply in this case is impractical. The court cannot decide on the basis of which a citizen could receive a new order, since such a document has not been issued since 2005.

As mentioned above, one of the grounds for living in an apartment is a social security agreement or a certificate of ownership. An agreement will be enough to formalize privatization. If the living space is already in the property, then the warrant is not needed at all.

An error in the document may prevent a social loan agreement from being concluded if the citizen is not registered in the apartment. In such a situation, it is necessary through the court to establish the fact of living in the living space. In this case, the court decision will become the basis for registration at the place of residence. After that, you can already conclude a social loan agreement, and then - draw up the ownership of the apartment.

Legal value of an order

Some lawyers believe that the warrant should be considered a title document. This opinion is very controversial today. Of course, in Soviet times, the warrant was of great legal importance. But since 2005, it can no longer act as a basis for housing.

Warrants for apartments have been preserved by many citizens living in municipal housing. These individuals have the opportunity to privatize apartments or enter into a social security agreement. Accordingly, the warrant today constitutes the basis for obtaining a title document. With privatization, it greatly simplifies the process.

Exchange order

As mentioned above, this document used to act as a basis for settling in housing received through exchange. Such an order was drawn up in the housing committee under the administration of the district in which one of the premises was located.

Upon actual check-in, the document was provided at the house administration on receipt. In the event of the conclusion of a social loan agreement, a note was put in the exchange order that the participants in the transaction transferred to each other the rights to housing occupied earlier, and also assumed all obligations to maintain the new housing.

The exchange of apartments allocated by the municipality was allowed only with the permission of the authorized structure (housing committee, as a rule), which, in fact, was confirmed by the issuance of an exchange order.

FAQ

Quite often, people who want to privatize an apartment on the basis of a warrant are denied this. The reasons for this decision may be:

Lack of registration of a citizen at the place of residence. This is an obstacle to privatization even when it is indicated in the warrant. You can conclude a social loan agreement only if you have a residence permit. If it is absent, a person cannot legally claim ownership or use of housing.
Lack of warrant. A document may be lost for a variety of reasons. This may be the carelessness of the owner, and the negligence of the government officials. In the latter case, the guilty persons are obliged to propose the execution of a social loan agreement. For this, the citizen will need to submit an extract from the house book, an apartment card, as well as an extract from the personal account.
The presence in the warrant of information about the deceased person. This circumstance cannot be a reason for refusing privatization if citizens registered in the apartment have a social loan agreement.

Conclusion

In the USSR, all housing was owned by departments. Organizations that provided their employees with apartments concluded social security agreements with the relevant ministries. To move specific citizens to specific premises, warrants were issued. Executive committees were engaged in their extradition. Orders acted as the only confirmation of the fact of settling in the apartment. After the housing reform, all non-privatized premises are the property of municipalities, and the practice of providing housing under warrants has long been discontinued.

Currently, only employees can receive apartments and only under a social contract of employment. After 2005, the issuance of orders ceased. However, documents executed before the entry into force of the modern LCD have legal force. In this regard, experts recommend retaining the order, if available.

If a document is lost, you can try to restore it. Some citizens succeed quickly, while others fail at all. The procedure is complicated by the fact that today the agencies involved in the execution of orders earlier ceased to exist or were transformed into other structures. Some authorities did not keep archives, so it will be extremely difficult to restore information.

However, it should be remembered that citizens can always defend their rights in court. If the order is lost, there is no registration in the apartment, but the person lives in it for a long time, you just need to establish the fact of permanent residence in the room. The evidence may be receipts for utility bills, testimonies of neighbors, etc. The more documents of this kind, the more likely it is to win the case. In particularly difficult cases, it is advisable to seek the help of a qualified lawyer. Today, there are a lot of specialists involved in housing issues. Of course, you will have to pay for the services. But this is better than losing housing. And the likelihood of asserting your rights with the help of a lawyer is much higher than with an independent appeal to a court or other authority.

In general, as practice shows, citizens do not often encounter problems with the privatization of housing. Usually, people who received apartments on warrants issued social security agreements or certificates of ownership.

Many experts agree that it used to be easier to get housing and register your right to it. Today, people no longer have the capabilities that were in Soviet times. However, in modern conditions there are many other ways to find housing. Currently, there are federal and regional programs to provide housing for those in need, the state provides housing certificates, banks offer reduced rates on mortgages.

An apartment order: a sample of how to recover