Housing disputes in judicial practice in civil cases rank first. All other property and non-property disputes occupy the second and subsequent places.
Source of problem
Why do housing disputes take precedence in civil litigation? The reason is that housing or real estate has become one of the most valuable assets at the disposal of citizens. And in our time, having lost it, you can get into a catastrophic situation. Units buy it, lease is getting more expensive every year.
Knowing how to deal with cases that affect one of the basic human rights, a citizen will see what awaits him in court.
Legislative regulation
What article in judicial practice in civil disputes and housing are they based on, filing lawsuits and examining them?
There are many points, and they are scattered over many regulatory acts:
- LCD RF;
- Civil Code of the Russian Federation;
- by-laws issued by the government and central authorities.
Regional authorities also contribute to regulation. For example, they adopt regulations for receiving documents for social hiring or privatization. Partly they combine existing norms, partly introduce new ones.
The peculiarity is the receipt of housing or military compensation payments.
What disputes are considered?
Housing disputes in judicial practice in civil cases can be divided into several categories. Systematization is based on claims that are submitted to the courts. Most often, the following disputes can be found:
- on ownership;
- the right to use the premises;
- conflicts related to privatization;
- on the right to obtain living space from the municipality or state;
- Allocation of a share from the common property;
- housing rights of the military.
Why so?
Any division is a conditional thing, especially when it comes to legal reality. Branches of law, despite the division of norms, intersect. And the same norm belongs to several of them. There is no purity here. Only the specifics of regulation are observed.
Proof of this fact are claims. Their requirements, the norms referred to by the plaintiffs, sometimes relate to several branches of law. For example, a request for recognition of ownership and determination of the procedure for using the property.
The first request is governed by civil law, the second by both civil and housing. A mixture of legal norms is one of the features of housing disputes in judicial practice in civil cases.
Property rights
A common problem is the sale of real estate by a person who does not have such a right and its further resale to a third party. As a result, someone will be left without housing, and without money, and it is unlikely that they will be able to recover them from the culprit. Often, such disputes are complicated by criminal investigations. Fraud with apartments and houses is not uncommon.
Part of the disputes is based on the refusal of the second party to register the transfer of rights under the transaction. Sometimes a lawsuit in court is the only way to formalize property rights, for example, filing an application for the recognition of property rights by inheritance.
Right of use
All disputes are conditionally divided into two types, this is the use of residential premises:
- provided by the state;
- owned by a private person.
A significant part of housing disputes from judicial practice in civil cases is about eviction.
When are they deprived of the right to public housing?
- Legislation violated during the execution of documents;
- the rights of citizens residing in adjacent or the same premises are violated (committing domestic violence, violation of the rules for using the premises).
The first cases include obtaining housing by people who do not have a legal right to it. Violations of the rights of other residents must be systematic (as a rule, several administrative decisions within one year are sufficient).
It is easier to lose the rights to someone else’s private housing - the user terminates family relations with the owner. There are exceptions: thanks to children, ex-wives stay with their children in the apartment or house of the ex-spouse.
A person who voluntarily changes his place of residence loses all rights to his former housing.
Housing privatization disputes
Authorities rarely enter processes. The return of the apartments to state ownership is made through the court, if the transfer to citizens is carried out with serious violations. Such a reason may be the provision of an incomplete set of documents or their transfer by a person who does not have rights to privatization.
More often there are disputes about the rights of those who refused it. Claims are also being filed with a request to redistribute shares in the common property. A significant role in the court decision is played by the presence of children.
If there is a dispute between individuals, then the legitimacy of privatization is still checked, even if such a question is not raised initially.
What is the basis for judicial practice in civil and housing disputes? On article 246 of the Civil Code and on similar provisions of the LC.
State or departmental housing
Officials are ready to provide housing to citizens who fall under a number of criteria (poor, large families, families with children with disabilities). Such criteria are described in federal and regional legislation. A set of documents is submitted according to the list, and citizens are placed in the queue.
Subject of disputes - illegal refusal to register. Citizens also ask the courts to set a deadline during which the local administration or other defendant body is required to provide housing. Today, the practice of issuing funds for the purchase instead of providing housing is being formed.
The issuance of housing for the period of work in the organization is also practiced. The peculiarity of official housing is that the right to it terminates as soon as a person leaves the relevant post or is evicted. And office space cannot be privatized.
Disputes over shared real estate
What cases do courts face here:
- realization of the right to sell a share;
- allocation of shares from the common property.
It is around this that judicial practice in civil cases in housing disputes is built. Art. 246 of the Civil Code is the basic element on which plaintiffs and defendants must rely.
If it is proved in court that the co-owner was not informed of the transaction, the buyer’s rights are transferred to the plaintiff and he pays compensation to the buyer. The whole difficulty is how to inform other owners of the future transaction, provided that they do not agree with it.
When allocating a share, the house is divided into two independent possessions. Each room is supposed to have its own bathroom, kitchen. The minimum area of each of the new houses must meet construction and sanitary standards. There are both general federal and regional standards.
The court resolves the division dispute based on the forensic examination options.
If housing cannot be divided, the order of use is determined. Basically, the section is carried out in separate houses, in apartments - much less often due to the technical features of an apartment building.
Military disputes
How is judicial practice in civil cases formed? Housing disputes of military personnel are somewhat different.
There is a government decree regulating the recognition of military personnel and equal persons (firefighters, police officers) in need of housing.
The minimum service life is 10 years if a person is dismissed from the ranks of the corresponding service due to the achievement of the maximum age. All others are required to serve 20 years, and then they are given a choice - to register ownership of the property or receive a certificate for the issuance of cash.
Disputes arise regarding the accounting of service lives, the availability of grounds for issuing a certificate, and obtaining official housing. Recently, cases on the implementation of the mortgage subsidy program have been added. Claims are filed with military courts.
A fair amount of applications are submitted in connection with the reluctance of authorities to fulfill their obligations.