How to privatize an office apartment: procedure, documents, nuances. Service housing

The room that is allocated to the employee for the period of his performance of labor obligations is called service. This dwelling is not owned by the municipality, but by a specific organization. According to the law, service housing cannot be privatized. This can only be done if its status is changed and it is put on the balance of local authorities. state power.

Is it possible in 2019

Housing legislation divides premises into certain categories. One of them is specialized housing: houses of a flexible fund, service apartments. The latter are provided to citizens in connection with work on the basis of an agreement, the term of which does not exceed the term of the labor contract. After the end of the labor activity, the person, together with members of her family, must leave the premises.

There are exceptions to this rule, and the following categories are not evicted from an apartment without providing another place of residence:

an employee who has retired;

family members of a military man, a fire brigade or law enforcement officer who died or disappeared, performing their official duties;

an employee who has received a 1 or 2 disability group due to the fault of the employer;

family members of workers who have passed away;

if orphans live in the dwelling.

As for the possibility of privatizing office premises, the law prohibits such a procedure on general grounds. In this case, contacting the local municipality is useless, since the housing does not belong to local authorities, but is owned by a certain department or enterprise.

But there is a way out of this situation: it is necessary to obtain the consent of the owner-organization for the privatization of the service apartment. This is the main difference between obtaining ownership of service housing from municipal housing. In the second case, the local authorities cannot refuse to privatize a person if his documents are in order.

If the leadership of the department agrees to the privatization of a service apartment, it must be transferred to the balance of the municipality and only after that it will be possible to carry out the privatization procedure

Foundations

The privatization of service housing has only a few reasons legal nature, which are enshrined in legislative acts. Thus, the main law on privatization contains provisions prohibiting the privatization of such premises. This law reserves the right to make decisions on the granting of the right to privatize an office dwelling for the owner.

It is important to define the concepts and figure out which dwellings belong to the office, and as a result cannot be privatized. The Supreme Court has provided clarifications on this matter. In the government decree No. 1301 of 1997, it is stated that hostels, shelters, hotels, offices and other premises that are suitable for people to live in should be registered.

Considering the above, after making a decision to include a certain premises in the category of office premises, it must be registered as such with the state registration authorities.

The ban, which is established for the privatization of such housing, has some conditions for its application. They were developed on the basis of law enforcement practice.

The decisions of the Supreme Court of Russia stipulate that the restriction of the rights of individuals to privatize official housing should be justified by legislative norms. The courts have the ability to decide how justified the restriction of the human rights to privatization was.

Arbitrage practice

The Constitutional Court in its decision of April 18, 2006 No. 119-0 determined that the right to participate in privatization should be ensured by the possibility of observing certain human guarantees during the transfer of property to open joint stock companies. Among such guarantees is the right to housing, which is enshrined in the Constitution, which allows individuals to privatize it.

Based on this, it can be concluded that the transfer of office premises to the ownership of commercial structures cannot restrict the right of individuals who live in them to privatize such premises. In the event of the transfer of ownership rights from the state or municipality to a commercial organization, this cannot lead to an adjustment or termination of housing lease contracts.

In this case, the indication in the documents of the status of the premises "office" is a formal factor that cannot limit the rights of citizens to privatization. This statement is confirmed by the court decision of August 26, 2010 under No. 33-9579. The dispute in the case consisted in the fact that the citizen Parkhomenko received a refusal from the OJSC to transfer the apartment to him under the privatization procedure.

The defendant justified his refusal by the fact that the plaintiff had been moved into an office building, which, according to the law, cannot be privatized. The applicant, on the other hand, argued that the apartment had been provided to him under a social rent contract and that he did not know anything about the fact that it had official status.

The case file contains information that this apartment was registered on the Open Joint-stock company, about which an entry was made in the Unified State Register of Real Estate Rights.

The court ruled in favor of the plaintiff, justifying this by the fact that the certificate of state registration of the apartment confirms that it does not belong to either state or municipal property. The proprietary rights to it belong to the OJSC, and therefore the applicant cannot privatize it in accordance with the norms of the law on privatization.

However, at the time when the dwelling was provided to the applicant, it was located in state property... After the transfer to the ownership of the OJSC, no document was signed that would secure its official status. Taking into account the position on this issue of the Supreme and Constitutional Court, the fact of transfer of ownership rights cannot lead to a change or termination of the employment contract. In this regard, the terms of the old contract apply to the new renter.

There is another possibility for the privatization of service housing, which is described in the decision of the Judicial Collegium on Civil Issues of the Supreme Court of Russia dated March 26, 2013 No. 5-KG13-14. It says that the service housing, which was previously owned by the state, and that which is assigned to the department on the basis of operational management or economic management, and later transferred to the ownership of the municipality, can be acquired by a person into ownership under the privatization procedure.

Procedure

The privatization of a service apartment can only be carried out in a permissive manner. It means that given opportunity is not assigned to a person, as his right, this is a step towards meeting that the employer makes. There is no need to treat this procedure as unrealistic: many enterprises operate social program, according to which to attract qualified workers after 10 years housing is provided for work.

The first step that an employee should take to carry out privatization is to submit an application addressed to the head of the organization that owns the service apartment. Usually, such an application is considered no more than two months. The decision can be made both in favor of the employee and contrary to his interests.

To privatize the service housing stock, it is necessary to make the housing lose its status as a service one.

What steps need to be taken to become the owner of such an apartment:

The organization must transfer the premises to the balance of the local municipality. Transfer issues should be resolved on the basis of an agreement between the two structures, which is drawn up taking into account all legal and regulatory requirements.

After the end of the procedure for the transfer of the apartment and the registration of all documents, the person who wants to privatize the apartment applies to the municipality with a corresponding application.

The application and the documents submitted with it are considered in the manner prescribed by federal legislation. Based on the results of the consideration, the authority makes a decision on the possibility of privatization.

If a citizen received a refusal to privatize for the reason that he submitted an incomplete package of documents or some inaccuracy was found in them, he has the right to eliminate all problem points by March 1, 2019 and reapply.

If a person has received the go-ahead for privatization, he or she enters into an agreement with the local administration, which is then registered with Rosreestr.

Features of the privatization of service housing

When privatizing service housing, some features of the process should be taken into account. For example, if the administration of an organization refuses to privatize housing, you can sue the management, demanding to apply to the municipal authorities for the transfer of housing, or to the municipality, demanding that housing be transferred to the citizen on the basis of privatization rights. This path will not be easy, moreover, not all citizens who want to protect their rights are able to achieve a decision in their favor.

In addition, translate service apartment private ownership is possible not only through the privatization procedure. The law does not prohibit the conclusion of contracts of donation or purchase and sale.

It will not be possible to privatize an office space if a person has already used his right and privatized housing earlier. For example, he lived in municipal apartment under the contract social recruitment and privatized it, then got another job, where he received service housing.

For military personnel

The following categories of military personnel can get free housing:

dismissed as a result of the reorganization of the state;

those who were dismissed due to seniority;

transferred to the reserve for health reasons;

family members.

The dwelling obtained in this way can be privatized on the general basis provided for by the privatization procedure. The situation is different with service housing. Such a right is not enshrined in direct legislative norms, however, there is an exception to each rule.

Service housing provided to the military belongs to the housing stock of the Russian Ministry of Defense and is intended for those persons who protect security the Russian state, and such an apartment can be privatized with the consent of its owner, which is the Ministry of Defense.

A soldier cannot privatize a home that:

recognized as emergency;

is in a hostel;

is located in a closed military town.

It is possible to privatize an apartment from which the service status has been removed.

To this end, you need:

Submit a report to the commander of the unit about the transfer of the apartment to the balance sheet of the municipality. This document does not have a specific form, the main thing is that the requirements are clearly stated and there are references to the current legislation.

If a refusal is received, the decision can be appealed to judicial procedure... The claim must state the grounds, requirements and list the documents that are attached to it. Do not neglect the need to pay the state fee.

If a positive decision is made and the apartment is transferred to the balance of the municipality, a social tenancy contract should be signed.

After that, you can carry out privatization on a general basis.

A soldier must provide the following documents for privatization:

a statement about the transfer of housing to ownership;

a document confirming the tenant's right to live in the property;

information about other real estate that a person owns;

certificate of non-participation in privatization earlier for the employer and his family members;

passport;

excerpt from the house book;

cadastral passport;

social employment contract;

an extract from the order about dismissal from service.

For housing to be deprived of service status, it must be recognized that the soldier needs improvement housing conditions.

For state employees

A draft law was submitted to the State Duma of Russia, which provides for the possibility indefinite privatization service apartments by state employees. Many employees who work in this area have only one option permanent residence- service housing.

Persons who work in the interests of society are entitled to receive ownership of office premises. housing stock however, not everyone will have this right. The draft law introduces a restriction on the categories of applicants who can carry out the privatization of service housing.

It is necessary to remove the status of service housing from an apartment in order to conclude a social tenancy agreement with respect to this apartment and (or) to privatize it in the future.

Service dwellings are dwellings of specialized housing stock, which are used as dwellings of the state and municipal housing stock. They are intended for residence of citizens who are in labor relations with state and local authorities, state and municipal enterprises and institutions, or appointed to an elective position in state and local authorities (clause 2, part 2 of article 19, clause 1 Part 1 of Art. 92, Art. 93 of the LC RF). It is possible to use a dwelling as a service one only after it has been classified as a specialized housing stock.

Service living quarters include separate apartments(Clause 5 of the Rules, approved by the Decree of the Government of the Russian Federation of 26.01.2006 N 42).

To remove the status of service housing from an apartment, we recommend adhering to the following algorithm.

Step 1. Make sure that your apartment belongs to service housing.

We recommend that you clarify whether your apartment is really a service apartment and whether it is legally assigned to this category. Keep in mind: A warrant stating that the apartment is a service apartment, or an indication of this in your lease, is not proof that the apartment is classified as a service apartment.

Until 03/01/2005, the executive committees of regional and city councils of people's deputies were vested with the authority to classify residential premises as office premises (Article 101 of the RSFSR ZhK; Article 1 of the Law of December 29, 2004 N 189-FZ).

From 01.03.2005, the authorities managing the state or municipal housing stock are vested with the authority to include residential premises in a specialized housing stock with the assignment of such premises to a certain type and to exclude residential premises from the specified fund (part 2 of article 92 of the RF LC; article 1 Law of 29.12.2004 N 189-FZ; clause 12 of the Rules; clause 1 of the Decree of the Government of the Russian Federation of 25.03.2010 N 179).

In this regard, you should ask the owner of archival documents for the appropriate decision and familiarize yourself with it.

The decision to classify the apartment as an office housing could be made only during the period when no one lived in it (part 2 of article 92 of the RF LC; paragraph 3 of the Rules). Accordingly, the date of the decision to classify the apartment as a service housing must be earlier than the date of granting this apartment to citizens as a service one.

In addition, you can make a request to the territorial division of Rosreestr and get an extract from the Unified State Register. The decision to classify the apartment as official housing was to be sent to the Rosreestr department within three days from the date of its adoption (clause 14 of the Rules). This message is of a notification nature and is not legally significant for the purpose of giving or not giving the apartment the status of a service apartment, therefore, the absence in the Unified State Register of Registers of information about the assignment of the status of an office living space to the apartment cannot indicate the invalidity of its assignment.

If the territorial division of Rosreestr does not have the necessary information or the ownership of the apartment arose before 01/31/1998 and was not subsequently registered with the Rosreestr administration, residents of Moscow should contact the Moscow City Property Department, residents of other regions - to the territorial division of the BTI ( clauses 2.1.1, 2.3.1 of the Administrative Regulations approved by the Decree of the Moscow Government dated 10.09.2014 N 521-PP).

If all of the above conditions are met, we can say that the apartment is legally classified as an office housing.

Step 2. Make sure that you belong to the category of citizens who have the right to enter into a social employment contract in relation to the office housing provided to them.

Such citizens include citizens who live in office premises and residential premises in hostels provided to them before 03/01/2005, are registered as needing residential premises provided under social employment contracts, or have the right to be on this account (Art Art. 1, 13 of the Law of December 29, 2004 N 189-FZ).

In Moscow, in particular, the rules for the use of residential premises owned by the city of Moscow, previously provided to citizens as office premises, have been approved (clause 1.1 of the Decree of the Moscow Government dated 05.08.2008 N 711-PP).

In accordance with the above rules, social tenancy agreements in Moscow are concluded with citizens in relation to the residential premises they occupy, if following conditions(Clause 4 of the Regulations approved by the Decree of the Moscow Government dated 05.08.2008 N 711-PP):

- Citizens live in residential premises previously provided to them as office premises;

- citizens have worked in organizations (enterprises) that provided living quarters, or in total in organizations financed from the budget of the city of Moscow, for 10 years;

- the occupied living quarters and the total area of all living quarters or their parts, in respect of which any of the family members has an independent right to use or ownership, does not exceed the established norm for providing the area of the living quarters.

Note. In Moscow, the norm for the provision of living space per person is 18 square meters. m (Art. twentyLaw of 14.06.2006 N 29).

In addition, social employment contracts can be concluded with citizens who have worked in the above organizations for less than 10 years, but only in the following cases (clause 3 of the Regulations, approved by the Decree of the Moscow Government dated 05.08.2008 N 711-PP):

- dismissal of an employee due to his retirement on an old age pension;

- the employee receiving disability of groups I and II, which occurred as a result of work injury due to the fault of the employer or an occupational disease in connection with the performance of work duties;

- death of an employee of a public authority or organization (enterprise), to whom the dwelling was provided as an office dwelling;

- dismissal of an employee in connection with the liquidation of this government body or organization (enterprise) or to reduce the number or staff of employees.

Note. The specified rules for concluding a social employment contract in Moscow apply to office premises provided before 03/01/2005 (p. 5Resolution of the Moscow Government dated 05.08.2008 N 711-PP;Art. 1Law of 29.12.2004 N 189-FZ).

Step 3. Contact the owner of the apartment to conclude a social tenancy agreement with you (or an agreement on the transfer of an apartment into ownership by way of privatization).

By general rule it is not possible to privatize the office dwelling. However, the owner of the housing stock or his authorized body, with the consent of the owner, has the right to make a decision on the privatization of office premises (Article 4 of the Law of 04.07.1991 N 1541-1).

If the apartment has the status of service housing, submit an application to the apartment owner for the conclusion of a social tenancy agreement with you or an agreement on the transfer of the apartment into ownership by way of privatization and Required documents.

Reference. List of documents to be submitted to the owner

When filing an application, you may be required to submit the following documents:

- copies of passports of all persons registered in the apartment;

- a copy of the personal financial account;

- an extract from the house book;

- certificate of absence of arrears on payment for housing and communal services;

- a single housing document;

- BTI documents ( floor plan, explication);

- a copy of the employment record of the tenant of the premises (who was provided with housing), and in case of his death, an additional copy of the death certificate;

- a copy of the order on registration as needing improvement in living conditions (h. 1 tbsp. 52LCD RF);

- certificates from the Moscow City Property Department (or BTI for residents of the regions) on the registered rights as of 12/31/1998 for all family members;

- extracts from Rosreestr on the rights registered after 31.12.1998;

- a copy of the power of attorney and a copy of the passport of the person representing your interests by power of attorney;

- a copy of the marriage / divorce certificate (if any).

In addition, it is possible to privatize office housing that was voluntarily transferred to local government (for example, in connection with the liquidation of an organization, reorganization or the inability to bear the costs of its maintenance). In this case, the dwelling loses its official status and it can be privatized as housing provided under a social tenancy agreement (Article 18 of the Law of 04.07.1991 N 1541-1; question 21 in the Review of Legislation and judicial practice Of the Supreme Court of the Russian Federation for the first quarter of 2006, approved by Resolution of the Presidium of the Supreme Court of the Russian Federation of June 7 and 14, 2006).

If the apartment has lost the status of a service dwelling, contact your local government with an application to conclude a social tenancy agreement with you in the general manner.

To conclude a social employment contract, residents of Moscow should contact the Moscow City Property Department (clause 4.2.56 of the Regulations, approved by the Decree of the Moscow Government dated 20.02.2013 N 99-PP).

Wait for the consideration of the application and documents requested from you by the local government, and come on the appointed day to conclude a social employment contract.

Local self-government bodies do not always meet the needs of citizens, in connection with which they have to go to court. In such cases, judges, as a rule, take the side of citizens (Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of 05/14/2013 N 5-KG13-18).

Step 4. In case of refusal to conclude a social tenancy agreement or finding out the fact that it is illegal to classify an apartment as an official housing, apply to the court with a statement on the obligation to conclude a social tenancy agreement with you or to recognize ownership by way of privatization.

Prepare the appropriate statement of claim with references to the rules of law and attach to it all the documents you have on the disputed residential premises, including the owner's responses to your appeals (if any) (Articles 131, 132 of the Code of Civil Procedure of the Russian Federation).

To date, the housing legislation of the Russian Federation provides for the possibility of providing service housing to the needy categories of citizens. The rules for such a division are clearly regulated by Art. 104 LCD RF. In most cases, residential premises in multi-apartment buildings are allocated under this category. Moreover, most often this type of housing is located on the first floor of the building. Similar immovable objects have a limited legal regime of use, as they are classified as specialized housing stock.

Conditions for the provision of office living quarters

So, the provision of office premises is one of the most recent legal mechanisms in the territory of the Russian Federation. It allows some working citizens to provide comfortable apartments, which is necessary to fulfill their professional duty. In other words, apartments are provided not in order to satisfy the needs of certain subjects of legal relations, which are recognized as needing to improve living conditions, but so that persons can carry out their official and professional duties.

The provision of official housing, in addition to the RF Housing Code, is also regulated by other regulatory legal acts, the effect of which applies to the territory of the Russian state. In particular, federal laws and regulatory legal acts of the constituent entities of Russia, as well as decisions and regulations adopted at the local level. In particular, these legislative acts relate to the establishment of a certain category of citizens who have the right to receive an apartment.

The contract for the lease of office premises provides for a specific list of conditions that must be met when allocating real estate in connection with the performance of professional duty.

In particular, only separate apartments are suitable for specialized housing, which is regulated by Art. 104 LCD RF. Employees cannot be allocated, for example, rooms in communal apartments, the rest of the living quarters of which are occupied by citizens on the basis of ownership.

In addition, service apartments must meet all the requirements prescribed in the housing legislation of the Russian Federation, which relate to both the comfort of the premises and their convenience and technical support. Only if all technical and sanitary standards are observed, an employment contract is concluded with professional workers.

Features of the contract for the lease of office living quarters

The contract for renting a service apartment has several key differences from the usual social rent contract:

only state or municipal authorities, which, in particular, can be considered the employers of the employer, can act as lessors under the contract.

Contracted employers can be anyone individuals... However, unlike the social rent agreement, the allocation of housing is possible for both citizens of the Russian Federation and residents of other countries and stateless persons who are on the territory of Russia in order to fulfill their professional duty.

The procedure for the provision of office living quarters implies a certain period, for which a contract is concluded between the landlord and the tenant. In most cases, the time period for the operation of an apartment is equal to the duration of an employment contract or a contract signed for the performance of specific professional tasks.

Unlike a social tenancy contract, a contract for the allocation of specialized housing does not imply the emergence of the authority on the part of the tenant to privatize real estate... This is also due to the unique legal regime for the use of such buildings.

Termination of the contract for the hiring of special housing is also provided for by the RF LC. All the grounds for the termination to be recognized as legitimate are spelled out in Article 101 of the said Code. In addition, it should be noted that termination of the contract can be carried out both on a voluntary and compulsory basis. In the first case it comes about those situations when the term of the employment contract expires, in the second - about legal proceedings.

Grounds for providing service housing

If we turn to the theory of legal science in the housing sector, then the basis for the provision of comfortable housing for official purposes is such life situations that cause the emergence of certain rights and obligations on the part of the participants in legal relations. In other words, these are circumstances that determine the emergence, prolongation, termination or dissolution of the subject legal relationship.

If you refer to Art. 10 of the RF LC, we can come to the conclusion that the main reason for the emergence, termination or dissolution of legal relations are state acts - decisions.

But at the same time, it should be remembered that only the presence of two circumstances, that is, the decision and the contract on the rental of special housing is not enough for the emergence, termination or termination of legal relations. In other words, the grounds for such actions are a whole set of reasons and determinants that are provided by the legislator. In particular, termination, termination or vice versa, the emergence of legal relations is possible if:

there is the subject of legal relations, which can be both directly employers and members of his family, with whom both the signing and termination of the contract on the provision of housing to them can occur.

There is an expression of will on the part of the employee, which is concluded in a strictly defined legal form. The document confirms that a particular person has the right to allocate office space. In this case, the application must be drawn up according to type sample, which will not entail termination of the contract in court.

There are no reasons and circumstances that may prevent the provision of specialized housing for employees under an employment contract.

In the specialized housing stock of a municipality or state, there is real estate that is responsible for all legal requirements for its equipment and comfort.

An apartment provided as a service apartment must meet the legal requirements for living space per employee's family member.

Thus, the grounds for the provision of office space are clearly regulated by the legislator in regulatory legal acts that apply to the housing sector. It all makes the contract of employment specialized premises unique and unparalleled in the legal field.

Everything in life is done as it should be. Quite recently, during the times of the USSR, there was a situation in accordance with which almost any young specialist who came to work at some enterprise located in a city different from the place of residence of the specialist could be guaranteed to receive a small, but quite comfortable and suitable for apartment living. And the most interesting thing is that all this will happen absolutely free of charge.
Surprisingly, even today the practice of allocating a so-called service apartment has been preserved to this day. All the best that came before continued. however, it is worth noting that you have to wait a very long time to get free housing, and the housing stock allocated for these purposes is really not the best, but taking into account the current cost of apartments, such an action gives someone a chance to have their own housing, albeit a long wait ... The reality is that the line is moving too slowly, but at least no one is deprived of the opportunity to hope for an apartment.
And now you need to understand, or rather, you need to understand modern conditions by apartment to know who can count on service apartments, what is the selection criterion for candidates. And it is also interesting to know if there are still enterprises in our country that can afford to provide their employees with not just apartments, but also then not cost obstacles and help in the privatization of these apartments, after which the inhabitants will be able to count them completely their own.
Not everything is as simple and smooth as we would like, so let's try to figure it out right now.
The concept of service housing and the conditions for its provision.
So, let's figure out what can be called a service apartment. In general, a service apartment can be called a special category of housing. The main thing here is to understand that this category provides clear justifications, namely, the provision is possible only to a person-employee of the enterprise, directly on the basis of the fact that he carries out his labor activity in this enterprise, including in a specific position. After all, not every job position provides for the allocation of office living space.
Well, what else is important in this regard is the fact that the apartment in this case does not belong to the municipal fund, but just to the specialized housing fund.
This gradation and affiliation just determine that in order to obtain such an apartment it is not important to be on the waiting list for an apartment to improve living conditions, you do not need to be with the status of poor for this. In addition, it will not be the basis for the allocation of the apartment status a large family, including those with the status of socially unprotected, as well as taking into account other available benefits, which in general civil and housing law would give certain preferences in resolving the issue of housing. Here main criterion- work at the enterprise and the need for housing in connection with the performance of official duties.
Very interesting is the fact, or rather a confirmation of the status of a service apartment, is that it can be allocated even to an employee who already has his own accommodation, but located in another city or region, from where it is simply unrealistic to go to work every day. It is in this case that the organization or enterprise where the employee carries out his job duties provides him with service housing. At the same time, the main criterion for providing a service apartment is the inability to fulfill official duties due to the lack of housing in the immediate vicinity of the place of work.
Generally in accordance with Article 92 Housing Code In Russia, residential premises from specialized housing stock are office living quarters, living quarters in dormitories, living quarters of the mobile fund, living quarters in houses of the social service system, living quarters of the fund for the temporary settlement of forced migrants, the living quarters of the fund for the temporary settlement of persons, recognized as refugees, living quarters for social protection selected categories citizens, as well as living quarters for orphans and children left without parental care, persons from among orphans and children left without parental care. At the same time, residential premises of the state and municipal housing stock are used as specialized residential premises.
Article 93 of the Housing Code of Russia has very limited the meaning of the concept of service housing, so now, according to the current rules, only those apartments that are primarily provided to citizens who carry out their activities in the state body can be attributed to this. authorities, a state unitary enterprise or a state treasury enterprise, a representative office of local self-government, a municipal, as well as a state institution. In addition, such a possibility exists when the passage military service takes place outside the region of permanent residence. Also, preference is given to everyone who is appointed to a public position in the top management of Russia or the same position in a constituent entity of the Russian Federation. The service apartment will be allocated in connection with the election to elective positions in all self-government bodies or public authorities.

So it becomes clear the list of those persons who can be provided with such service housing. At least, only civil servants and municipal employees are allowed to apply for office housing. A worker of a private enterprise will definitely not be able to get such an apartment. Nevertheless, there is still such a practice where non-governmental companies or organizations are already helping their employees to get housing, because such premises are not called otherwise than office premises. Nevertheless, many lawyers and experts note the fact that Article 93 of the RF LC has not reflected reality for a long time and does not take into account the trends that have developed in the direction of providing service apartments. Moreover, it is a negative fact that a very wide range of interpretations of the provisions is allowed, there is no way to get an unambiguous answer, and comments from different lawyers sometimes only add fuel to the fire.
Where to go to work in order to get service housing?
So, in order to get a chance, often very real, for settling in an office apartment, it is worth choosing such specialties, professions and areas of activity as:
People's deputies of all levels. There are no distinctions in status. Everyone has the right to official housing, but only for the duration of their duties. This provision is also contained in the Federal Law “On the Status of Deputies of the State Duma and Members of the Council of Federations”. This document contains the norm and defines the procedure for the allocation of apartments for deputies and senators from the state service fund.
Civil servants of a certain rank. These are employees of numerous ministries, departments and government agencies... They can also qualify for service housing if they do not have it in the city where they arrived to work. Sometimes ministries and departments provide subsidies for the purchase of housing. But this practice is no longer related to the topic of this article, here we are already talking about the system of concessional lending and other actions that are not related to the practice of providing service apartments.
Servicemen. Well, everything is very clear here. Since the military over the years of service can change several cities and towns, the lonely military is given a place in the hostel, and the family in mandatory service housing is already allocated.
Employees of the internal affairs bodies, the prosecutor's office and other law enforcement officers quite often go to the duty station in another locality... In this case, employees with their families are also primarily provided with service housing.
Workers and employees of housing and communal services. But everything is very clear here. The job, let's say, is not the most prestigious and highly paid, that's why here service apartments are offered at the place of work. This practice is connected with production necessity. Let's say the janitors start working early, and as a result, there is no way to get there without using a taxi. Also, other employees of the housing and communal services system, for example, locksmiths or foremen, can get service apartments.
Rescue personnel such as firefighters. Well, everything is clear enough, and there is no need to make explanations.
Foresters, gamekeepers, fishing workers. The work of representatives of this category of specialists is almost always conditioned by trips to the most difficult-to-access areas, which are very far from the big cities of the region, therefore, for the duration of their duties, such workers are provided with official housing.
Customs and tax services, judges.
Teachers and doctors. Ideally, after several years of work, service housing should be provided to all medical staff and teachers who are state employees, that is, they work in ordinary public hospitals and schools, but not in private gymnasiums and elite clinics. It is well known that teachers and doctors can obtain service apartments practically only if they agree to go to work in countryside, and you will have to work for a certain period of time for housing.

The result here is predictable from the selection. Let's say the deputy will definitely get housing quickly, which cannot be said about the janitor, because the former are guaranteed by the relevant law. Nevertheless, no one in principle prohibits all of the above categories from claiming free apartments while working in a particular organization.
It is also safe to say that many large enterprises, including city-forming ones, for example, factories and metallurgical plants, provide their especially valuable specialists with apartments at their place of service or pay rent for housing, which can also be considered one of the varieties of obtaining office living space.
The procedure for the provision of service housing
Based on the provisions of the LCD of Russia, in order to organize the receipt of official housing, those who need such a living space exactly at the place of their new job first write the appropriate application form, where they ask for an apartment, which is located in a local specialized housing stock.
The application must be written very carefully and accurately, because it is important in it to indicate the number of family members who will live with the applicant. This is also important because there are already approved norms, which stipulate the minimum living space per person living in a service apartment. So, for example, if there are two different-sex children in a family over the age of 9, then you can apply for three-room apartment... Another important indicator is that each family member should have at least 6 square meters. m. of living space, but no more than 15, because this is no longer allowed.
But the situation also lies in the fact that such norms do not apply everywhere. In many cities and regions, the principle of taking what is, works instead of norms. And the most interesting thing is that there are no violations in this approach, since the only thing that regulates the RF Housing Code is that they must be residential, and the norms and standards are not spelled out.
In addition, municipal specialized housing stock often consists of so-called "escheat" housing. These are the apartments that were previously privatized, but no heirs were found at the death of the sole owner. Such apartments are usually abandoned for a long time, because the search for possible heirs is underway. All of them are in disrepair, while, as a rule, funds are not provided for at least cosmetic repairs. So it turns out that, for example, a new precinct officer who arrived at his place of service in the regional center received service housing “without windows, without doors” and could not believe his “happiness”, refusing to move into such an apartment.
After the application for service housing is written, endorsed by an authorized official, between the organization providing housing and the employee, a full-fledged contract for the lease of office premises is concluded, which is concluded for the duration of military service, or the presence of an employment relationship or performance job responsibilities... In this case, the tenant receives a warrant, which gives him the right to move into the specified apartment.
Residents of the service apartment pay utilities exactly the same and the same size as the owners privatized apartments... At the same time, it is imperative to maintain the premises in due order, delay in utility bills and so on are not allowed.
Do not forget that the rights of the occupants of office premises are very limited. They are not allowed to rent out the provided apartment, book or exchange for another accommodation. The tenant can move all his household members, dependents and relatives into the service apartment only on condition that the other adult tenants do not mind, but have given their written consent.
The office lease contract shall be terminated in the event of termination of employment, expiration of the term of office or dismissal from the relevant post.
Is it possible to privatize a service apartment?
In the list of residential premises that are not subject to privatization, established by the Federal Law "On the privatization of the housing stock in Russian Federation"There is also official housing.
That is, it is impossible to privatize it within the framework of the law, but there are cases when tenants of service housing manage to draw up all the necessary documents and achieve a positive decision from the authorities and heads of a company or organization.
An important nuance that must be taken into account is that in each region of Russia, local authorities are in charge of the privatization of office premises, which means that the conditions and procedure for privatization can be very different.
For example, in Moscow there is a Resolution of the Moscow Government, according to which tenants who have lived in this residential area can privatize an office apartment, and therefore, accordingly, have worked in the providing living space organization for over ten years.
Employees who fall under this document can write a statement on the basis of which the termination of the service contract will be made in order to conclude a social rental contract for an apartment. Thus, before starting the process of privatizing office housing, it must first be removed from the specialized office housing stock in order to be included in the state or municipal social housing stock.
What might be needed for this? First of all, the consent of the organization, enterprise or institution that owns the apartment.
In individual, specially stipulated cases, it is possible to privatize office housing by tenants who have not yet worked for 10 years in the organization. These special cases include:
retirement retirement of an employer who was provided with service housing, if he leaves in connection with reaching retirement age from the organization that provided the apartment;
getting disability of groups 1 and 2, which occurred in connection with an injury due to the fault of the employing organization or an occupational disease received during the service. In this case, the organization can “atone for its guilt” by allowing the privatization of a service apartment;
in the event of the death of the employer of official housing, his family may also further privatize the apartment provided to him at the place of work;
restructuring or liquidation of the enterprise, which led to the dismissal of the employer from the workplace.

The list of documents required for the privatization of a service apartment includes:
the permission of the owner of the official housing stock is the most important document, without which it is almost impossible to privatize official housing;
the original of the order for the apartment or the original extract from the decision with the social contract;
an extract from all house books without exception, from all addresses where the employer previously lived and was registered, starting from July 1, 1991;
explication issued by BTI and cadastral passport;
originals and copies of passports of all family members of the tenant registered in this residential area;
if the passport was issued after July 1, 1991, a certificate of passport replacement is also required;
a notarized power of attorney for an employee of the single window service;
statements from all family members registered in the apartment, as well as their personal presence during the paperwork;
a receipt confirming the payment of the state fee.

It should be noted that the transfer of service housing from a specialized fund to a municipal or state social fund, giving the right to privatize an apartment, can take from several months to several years. To speed up this process and privatize a service apartment, it may be necessary to go to court with a claim containing a requirement to recognize the tenant's right to privatize housing. It is also worth going to court if the employer, the organization that owns the apartment, does not give its consent to privatization, despite having ten years of experience. Unfortunately, court proceedings can also take a long time, and knowing our judicial system, it is almost impossible to count on a positive decision in such cases.
Thus, in order to privatize an office apartment, it is necessary to negotiate with the employer by any means and still obtain permission from the organization that provided the housing. In this case, it is quite possible to privatize the office space, although the process of collecting documents, especially extracts from all house books in places of previous residence, may be delayed.
The only consolation for those tenants of office premises, who, despite ten years of experience in one organization, were denied the right to privatize an apartment and the owner, and the court, may be the fact that it is impossible to evict such families without providing other housing.
In conclusion, I would like to especially emphasize that every seemingly good action can be strongly opposed. Unfortunately, those who, by the nature of their activities, on the contrary, must protect us, in fact go to elections and to power, so that they can completely legal grounds to receive benefits and privileges that are not available to an ordinary citizen who performs socially significant work, for example, teaches or heals, but for such groups there are no additional laws that would help him to exercise his rights. It's time to think about improving the system.

a rather acute topic that worries citizens who still live in departmental apartments and dormitories - "small families". On the one hand, the timing privatization of service housing once again extended, moving the borders to March 1, 2017, on the other - there is no guarantee that the new transfer will take place. Therefore, in order to be in time for the remaining months and not make mistakes in the process, you need to take some measures. Let's try to figure out which ones.

Service housing - what is it?

According to the housing legislation, all premises used for housing are divided into several categories. One of them is the so-called specialized housing, which includes hostels, a maneuverable fund (houses used for temporary residence of citizens from resettled houses) and office space... The latter include apartments and rooms that are provided to citizens not in ownership or under social employment contracts, but in connection with work.

This kind of housing is transferred to citizens for use under an agreement, while the term of this agreement does not exceed the term of the employment agreement. After the end of employment, the tenant and family members must leave the office and look for new housing on their own.

The exceptions are cases:

if family members of a military, firefighter or an employee of one of the law enforcement agencies who died or disappeared during execution live in the apartment;

family members of ordinary workers who have died are not evicted;

if the employee who received housing has retired on an old-age pension;

if the employee became disabled of I or II group due to the fault of the employer (due to an accident at work, received Occupational Illness etc.);

if orphans live in the apartment.

Can corporate housing be privatized?

It is necessary to say right away: due to the special legal status, it is almost impossible to privatize office premises. Moreover, the law explicitly prohibits the privatization of such housing on general grounds, therefore, it is useless to apply to the housing department of the local municipality with statements: this housing does not belong to the municipality, but to a department or enterprise, so that the local government cannot dispose of it.

However, the law leaves a way out for citizens. can be carried out if the organization, in whose ownership the dwelling is located, agrees to this procedure. This is the main difference from the privatization of ordinary municipal housing: there citizens have the right to privatization, and the local government only formalizes the procedure, but cannot prohibit this step.

How to privatize service housing?

As stated above, privatization of service housing produced only in a permissive manner. That is, this is not a citizen's right, but a step that the employer takes to meet him. However, the likelihood of such privatization is by no means zero: an enterprise, for example, may have a program to attract workers with high qualifications and rare professions (actions such as “Work with us for 10 years and you will get an apartment”). In addition, some businesses may go to meet the employee in order to simply remove living quarters from their balance sheets.

In any case, the first step towards this type of privatization will be to submit an application to the administration of the enterprise or department that owns the housing. The term for consideration of such applications is usually no more than 2 months. Based on the results of the consideration, the administration either refuses to transfer the ownership of the housing to the employee, or agrees to this step. If a refusal is received, the procedure ends there: according to the law, there is no possibility to force the administration to privatize, since it depends entirely on its goodwill. If consent is obtained, you can proceed further.

Privatization procedure

To take place privatization of service housing, it is necessary that before this housing ceases to be official. For this, the following procedure is used:

The company or department transfers the dwelling into the ownership of the local municipality. Specific transfer issues are decided on the basis of agreements between the two organizations and local regulations.

After the transfer is made and all the necessary documents are drawn up, a citizen who wants to privatize housing, submits an application to the appropriate municipal service.

The application together with the accompanying documents (copies of passports, extracts from the registration certificate for the apartment, etc.) is considered in the manner prescribed by federal laws and local acts. Then the municipal authority decides either to conclude a privatization agreement, or (if the documents contain any obstacles to the privatization of housing) to refuse to privatize.

If privatization is denied, the citizen must, by March 1, 2016 (that is, before the end of the all-Russian privatization of the housing stock), correct the shortcomings and reapply.

If there are no obstacles, the citizen and the housing department of the local administration conclude an agreement, which is then registered with the local authority of Rosreestr. From this point on, the privatization has been completed.

Some features of the privatization of service housing

With regard to service housing, there are some nuances related to privatization. For example, if the administration of an enterprise or department does not agree to privatization, you can try to force it to do so through the courts. In this case, claims are filed:

to the administration of the enterprise - with the requirement to apply to the municipality with an application for the transfer of housing;

to the municipality - with the requirement to transfer housing to the ownership of a citizen.

However, this path is extremely difficult and in most cases does not bring any result. It is extremely rare that circumstances develop in such a way that there are grounds for satisfying such a claim.

In addition, it is possible to transfer housing from official to private, not only through privatization. The law does not prohibit the conclusion of either a donation agreement in relation to apartments, or purchase and sale at a minimum cost. However, such methods can no longer be regarded as privatization.

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Finally, it is impossible to privatize office housing if the citizen has already spent his right to privatization (for example, if he previously lived in municipal housing under a social rent agreement, privatized it, then got a job at new job and got a service apartment there).


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