Office housing, privatization of office housing - a topic that affects those who received the cherished meters, working in an enterprise or holding an official position. Is it possible to obtain a property right, in what way, and is there a limited time for making a decision on this account?
What is meant by official housing
Service housing, privatization of service housing - phrases that often appear in conversations in the media. What is it?
The law refers to objects that are transferred to an employee or public servant in connection with his activities in an organization or enterprise. This applies to military personnel as well as to persons who have been elected by election.
If you look for it The law on the privatization of official housing does not exist. The country has a general Housing Privatization Act and a list of regulations.
In the section on the status of the military, in Art. 15, a list of persons who are entitled to official housing is provided, and in addition, the Ministry of Defense approved additional regulatory acts in this regard. True, they, within the meaning of reproduce acts against civilians and contain particulars relating to the status of the military.
The provisions of the legislation on this type of housing apply to state and municipal bodies and organizations that have the ability to allocate living space.
Private companies are excluded from the scope of legislation in this part. If housing was previously on the balance sheet of a state organization, which was then transferred to private ownership, tenants retain their right to privatize on a common basis. But housing should not initially have official status.
It is under such a scheme that privatization of official housing by state employees is ensured to a large extent.
Hiring
In order to obtain the right to move into official housing, first of all, a decision is made by a state or municipal authority on transferring it for use to an employee of an organization or enterprise. An act of an authority is a key document; without it, further steps do not make sense. Its absence in the process of registration will lead to the fact that the introduction of an apartment or house is considered illegal.
Before this are served:
- statement;
- extract from Rosreestr about the lack of real estate;
- documents confirming the presence of family members living with the applicant.
An agreement is signed with the tenant for the rental of official housing. Only after this, the tenant is considered to have received the legal right to official housing. Privatization of official housing is the next step.
Duration of employment is determined by the time spent in the service or work. There are cases when housing remains with the previous owner:
- disability (group I, II) due to the fault of the employer;
- the apartment or house is occupied by family members of a person who died or disappeared in military or equivalent service (employees of the Ministry of Internal Affairs, Ministry of Emergencies, FSB);
- family members of an employee reside in an apartment or house who, after concluding a contract of employment, has died;
- the landlord has retired;
- the right of residence remains with orphans or those without a place of residence.
The privatization of official housing also remains possible for them.
Checking the status of the apartment
It is known that often documents for objects were either not executed, or mistakes were made in the process of their execution. In addition, houses were repeatedly transferred from one organization to another, and confusion arose.
Therefore, it is necessary, first of all, to deal with the status of housing - whether it is really official. It may turn out that it is in fact not related to it. According to the established judicial practice, the main evidence of this status is the entry in the register of rights to real estate records on the official status of the housing.
Marking after housing has been provided is not possible. This is also due to the need to terminate the social contract of employment, which without the consent of the tenant without legal grounds is difficult to do.
Is privatization real
The law on transferring ownership of housing by citizens excludes official housing from the list of objects that are transferred to citizens in a general manner. Privatization of office housing would seem to be impossible.
Why it happens? Formally, such objects do not belong to the state. He does not own property of enterprises and authorities, and it is not liable for their debts, unless otherwise provided by law. The ban on obtaining private property rights is not absolute.
Article 4, part 2 of the Law, the enterprises responsible for the objects, with the consent of the supervisory authority, may transfer the house or apartment to the tenant. How feasible is this provision?
Organizations are trying to attract specialists to work in those areas where they are sorely lacking, offering, in particular, the provision of housing. After a certain period of time of this labor activity, the privatization of official housing is also permitted.
Algorithm of actions and list of documents
What should happen in this case:
- housing is transferred to the balance of the municipality;
- the tenant applies to the authorities with a package of documents;
- a privatization contract for a house or apartment is drawn up;
- ownership is recorded.
Standard package of documents:
- copy of the passport;
- an act of the authority giving the right to move in, or a copy of the contract of employment signed at check-in.
- registration certificate for an apartment or house;
- certificate of family composition;
- application for privatization from each family member;
- refusal to privatize one of the residents if he does not want to participate in it.
Papers are handed over through the MFC. Privatization today is already unlimited, therefore, having been refused, a citizen has the right to submit documents again, eliminating the shortcomings. Privatization of official housing by state employees is no exception.
Sometimes primary documents on the allocation of housing are missing. Because of this, people are forced to go to court for recognition of the right to use housing on social or official terms of employment.
Some nuances
Appeal to the court in order to obtain consent to transfer ownership of a tenant of official housing is unlikely to be successful. It makes sense to appeal the refusal, if only the apartment was illegally included in the category of official housing. Privatization is not available to those who previously used this right.
Interestingly, the bill on the privatization of official housing has been introduced more than once. Attempts were unsuccessful. Nevertheless, the state does not want to completely withdraw the fund from its subordination. Whether the question of this will be raised again depends on the deputies and the point of view of the state. The latter changes from time to time, but nothing can be said for sure.