Office housing. Privatization of service housing by law

Office housing, privatization of official housing - a topic that affects those who received the coveted meters, working at the enterprise or holding a bureaucratic position. Is it possible to obtain the right of ownership, in what way, and is the time limit for making a decision on this account limited?

What is meant by official housing

Office housing, privatization of official housing - phrases, often appearing in conversations, in the media. What is it?

The law refers to objects that are transferred to an employee or civil servant in connection with his activities in the organization or at the enterprise. This applies to servicemen, and to persons who received a post by election.

If you look for The law on the privatization of official housing, then this does not exist. The country has a general law on the privatization of housing and a list of regulations.

In the section on the status of the military, in Art. 15, provides a list of persons who have the right to service housing, and in addition, the Ministry of Defense approved additional regulations in this regard. True, they in the sense of reproducing the acts against civilians and contain particulars relating to the status of the military.

The provisions of the legislation on this type of housing are extended to state and municipal bodies and organizations that have the opportunity to allocate a living space.

Private companies are excluded from the scope of legislative acts in this part. If the housing was previously on the balance of the state organization, which was later transferred to private ownership, the tenants retain their right to privatization on general grounds. But housing in this case should not initially have an official status.

It is under such a scheme that the privatization of office accommodation by state employees is largely ensured.

Registration of employment

In order to obtain the right of accommodation in official housing, first of all, a decision is made by the state or municipal authority to transfer it to the employee of the organization or enterprise for use. The act of the authority is a key document, without it further steps do not make sense. His absence in the process of registration will lead to the fact that the introduction of an apartment or a house is considered illegal.

Prior to this,

• statement;
• Extract from Rosreest about the lack of real estate;
• Documents confirming the existence of family members living with the applicant.

A tenant contract is concluded with the tenant. Only after this, the tenant is considered to have acquired the legal right to service housing. Privatization of official housing is the next step.

Duration of hiring is determined by the time spent in the service or work activity. There are cases when the dwelling remains with the previous owner:

• Obtaining disability (I, II group) through the fault of the employer;
• An apartment or a house is occupied by family members of a person who was killed or disappeared in a military or equivalent service (MVD, MES, FSB);
• In the apartment or the house the family members of the employee who after the conclusion of the contract of hiring have died;
• The employee - the landlord retired;
• The right of residence remains for orphans or those who have not lived.

For them, privatization of service housing is also possible.

Check the status of the apartment

It is known that often documents on the objects either were not drawn up, or mistakes were made in the process of their registration. In addition, houses were repeatedly transferred from one organization to another, there was confusion.

Therefore, it is necessary, first of all, to understand the status of housing - whether it really is official. It may turn out that it does not really belong to such. According to the established jurisprudence, the main proof of this status is the entry in the register of rights to real estate records of the official status of the living space.

The marking after housing is provided is not possible. This is also related to the need to terminate the contract of social hiring, which without the consent of the tenant without legal grounds is difficult to do.

Is privatization realistic?

The law on the transfer of property to citizens of housing excludes from the list of objects that are transferred to citizens in a general manner, office accommodation. Privatization of service housing, it would seem, is impossible.

Why is this happening? Formally, such objects do not belong to the state. It does not own the property of enterprises and authorities, and it does not answer for their debts, unless otherwise provided by law. The prohibition on obtaining the right of private property is not absolute at the same time.

Article 4, part 2 of the Law, the enterprises responsible for the objects have the right, with the consent of the supervisory authority, to transfer to the tenant the house or apartment. 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. Through a certain period of time this work activity is permitted and privatization of service housing.

Algorithm of actions and list of documents

What should happen in this case:

• Housing is transferred to the balance of the municipality;
• A tenant with a package of documents applies to the authorities;
• A contract of privatization of a house or apartment is drawn up;
• Registration of ownership.

The package of documents is standard:

• copy of the passport;
• An act of the authority that gives the right to move in, or a copy of the contract of employment signed upon arrival.
• Technical passport for an apartment or a house;
• Certificate of family composition;
• Application for privatization from each member of the family;
• Refusal to privatize one of the residents if he does not want to take part in it.

The papers are deposited through the MFC. Privatization for today is unlimited, therefore, having received a refusal, the citizen has the right to re-apply the documents, eliminating the shortcomings. Privatization of office accommodation by state employees is no exception.

Sometimes there are no primary documents on the allocation of housing. Because of this, people are forced to go to court for recognition of the right to use housing on the basis of social or official hiring.

Some nuances

Appeal to the court in order to obtain consent to transfer to the tenant's ownership of official housing is unlikely to be successful. It makes sense to appeal the refusal, if only the apartment was illegally brought into the category of official housing. Privatization is not available to those who previously used this right.

It is interesting that a draft law on the privatization of official housing was introduced earlier and more than once. Attempts were unsuccessful. Yet the state does not want to completely withdraw the fund from its subordination. Whether the issue 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.