Types of specialized residential premises. What is a specialized housing stock? Grounds for providing specialized living quarters

Everything real estate on the territory of the Russian Federation is divided into certain categories, which are enshrined in the Housing Code of the Russian Federation. One of these varieties are specialized residential premises, which is established by Art. nineteen.

The concept of "specialized living quarters"

Before proceeding to the classification of this narrowly focused housing stock, it should be understood what the LCD invests in the concept of "specialized living quarters"? So, in Art. 19 ZhK RF given next concept. A specialized housing stock is a set of property that is administered by the state or municipality, intended for a specific category of citizens to live on their territory. The provision of such housing is subject to the procedure for allocating housing, prescribed in Section IV of the Housing Code of the Russian Federation.

It should be noted that this legal concept, is quite important for all housing legislation, and for Russia as a state as a whole. Thanks to such apartments, which are included in a specialized fund, citizens are endowed with comfortable housing, either free of charge or for a small fee.

Types of residential premises of specialized housing stock

After we have defined the concept of "specialized living quarters", it makes sense to consider a more detailed classification of the variety of such buildings. Thus, the types of residential premises of specialized housing stock include:

Service apartments. This type housing is provided only to those citizens who, in accordance with the specifics of the profession, are required to live in close proximity to the place of work.
Living quarters in the hostel. The allocation of such a dwelling occurs for a certain time. In most cases, it is provided to citizens for training, retraining, or, for example, a business trip.
Maneuvering houses. In this case, we are talking about the provision of housing to those citizens who are forced to leave apartments under a social tenancy agreement due to major repairs or reconstruction work, loss of ownership of the only housing due to non-fulfillment of their obligations (for example, non-payment mortgage loan), or destruction of housing as a result of an emergency.
Residential premises, which are classified as houses for social services for citizens of the Russian Federation. It's about about those citizens who need social or medical care.
Apartments that are operated for the purpose of accommodating temporary residents, including those who are classified as refugees.
Houses that are used to provide social protection to citizens who do not require additional medical or social assistance.

Such a classification is enshrined in the legislation of the Russian Federation, namely, Art. 92 LCD RF.

Use of a dwelling as a specialized dwelling

As we indicated above, one of the features of housing included in the special fund is that it belongs to either the state or the municipality on the basis of ownership. However, before the operation of a residential building as a specialized one becomes real, any real estate must be assigned to this category of houses. In this case, all the conditions and the legislative procedure for this procedure, enshrined in the Decrees of the Government of the Russian Federation, must be taken into account.

In particular, the assignment or, conversely, the removal of a dwelling from the category of a specialized fund can only be carried out by an authorized state or municipal body. For this, an official decision is made, which fully complies with the legislative norms of law.

The operation of specialized residential premises takes place with the strictest observance of their intended purpose. Such houses have a limited legal status, in other words, they are not subject to alienation, rent or commercial lease.

Article 92

1. Residential premises of specialized housing stock (hereinafter referred to as specialized residential premises) include:

1) service living quarters;

2) living quarters in dormitories;

3) living quarters of the mobile fund;

4) living quarters in the houses of the system of social services for the population;

5) living quarters of the fund for temporary settlement of forced migrants;

6) residential premises of the fund for temporary accommodation of persons, recognized as refugees;

7) living quarters for social protection certain categories citizens.

2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as a specialized residential premises is allowed only after such premises are classified as a specialized housing stock in compliance with the requirements and in the manner established by the Government Russian Federation. The inclusion of a dwelling in a specialized housing stock with the assignment of such a premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund are carried out on the basis of decisions of the body managing the state or municipal housing stock.

3. Specialized living quarters are not subject to alienation, lease, lease, except for the transfer of such premises under the lease agreements provided for in this section.

Article 93

Service living quarters are intended for the residence of citizens in connection with the nature of their labor relations with the body state power, a local self-government body, a state unitary enterprise, a state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation, or in connection with the election to elective positions in public authorities or local authorities self-government.

Article 94

1. Residential premises in dormitories are intended for temporary residence of citizens during their work, service or education.

2. Houses or parts of houses specially built or converted for these purposes are provided for dormitories.

3. Residential premises in dormitories are equipped with furniture and other items necessary for the residence of citizens.

Article 95

Residential premises of the maneuverable fund are intended for temporary residence:

1) citizens in connection with overhaul or reconstruction of the house in which there are residential premises occupied by them under social tenancy agreements;

2) citizens who have lost residential premises as a result of foreclosure on these residential premises, which were acquired at the expense of a bank loan or other credit institution or funds target loan provided legal entity for the purchase of residential premises, and are pledged as security for the repayment of a loan or a targeted loan, if at the time of foreclosure such residential premises are the only ones for them;

3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;

4) other citizens in cases stipulated by the legislation.

Article 96

Article 97

Residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees are intended for temporary residence of citizens recognized in the established federal law order, respectively, internally displaced persons and refugees.

Article 98

1. Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection.

Article 99

1. Specialized residential premises are provided on the basis of decisions of the owners of such premises (acting on their behalf authorized bodies state authorities or authorized bodies of local self-government) or persons authorized by them under contracts for the rental of specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens, which are provided under contracts free use.

2. Specialized residential premises are provided on the grounds established by this Code to citizens who are not provided with residential premises in the corresponding settlement.

32. Ownership of residential premises.

Ownership of a dwelling is the right to own, use and dispose of a dwelling (Article 209 of the Civil Code of the Russian Federation).

Ownership is the actual (real) possession of a dwelling.

Use is the derivation by the owner of the benefit, income from the living quarters belonging to him.

At the same time, it must be taken into account that residential premises have a strictly designated purpose and are intended exclusively for the residence of citizens - individuals. The placement of organizations and enterprises in residential premises by the owner is allowed only after the transfer of such premises to non-residential premises.

An order is the right of the owner of a dwelling to determine its legal fate. Thus, the owner has the right, at his own discretion, to perform any actions in relation to the residential premises belonging to him that do not contradict legal acts and not violating the rights of other persons, including alienating the premises into the ownership of other persons, giving the premises as a pledge, lease, loan, as well as encumbering it in other ways and disposing of it in another way.

The powers of the owner may be limited only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.

The number and cost of housing that may be owned by citizens or legal entities are not limited.

The object of ownership of a residential premises is a premises intended for permanent residence(apartment, room, residential building, etc.).

The owner of the apartment apartment building along with the premises belonging to him, occupied by an apartment, also belongs

share in the ownership of common property Houses ( common areas houses, mechanical, electrical and other equipment outside the same apartment, etc.).

The residence may be:

Privately owned;

V state property;

In municipal property.

Private property is the property of individuals and legal entities

State property is the property of the Russian Federation (federal property) and the property of the subjects of the Russian Federation.

Municipal property is the property of municipalities of the Russian Federation (cities, villages, settlements, etc.).

The rights of all owners of residential premises are protected in an equal way.

The subjects of private ownership of residential premises are individuals and legal entities.

Current legislature does not establish "age" or any other restrictions on property rights for either citizens or organizations.

At the same time, the volume of a citizen's legal capacity depends on age, that is, his ability to acquire and implement civil rights. Thus, citizens under the age of 14 do not have the right to make any transactions in relation to their residential premises, and at the age of 14 to 18 - only with the consent of their legal representatives.

The legal capacity of a citizen in full arises from the age of eighteen.

Subjects of state ownership of residential premises - the Russian Federation and the subjects of the Russian Federation.

Subjects of municipal ownership of residential premises - municipalities Russian Federation.

The specialized housing stock includes premises that are provided from the state or municipal housing stock in accordance with certain rules provided for by the Housing Code of the Russian Federation.

Types of premises of specialized housing stock

Residential premises of specialized housing stock include:

service living quarters;
living quarters in hostels;
living quarters of the mobile fund;
living quarters in the houses of social service of citizens;
living quarters for temporary settlement of internally displaced persons;
living quarters for temporary accommodation of refugees;
residential premises for social protection of certain categories of citizens;
living quarters for orphans and children left without parental care.

Residential premises may be classified as a specialized housing stock only by order of either the federal executive body (for public housing) or the local authority (for municipal housing). But if residential premises are assigned to ministries and departments, then the procedure for including such premises in a specialized housing stock may also be regulated by the regulations of these ministries and departments.

Housing classified as a specialized housing stock can be used for its intended purpose only after the decision of the relevant authority. Such living quarters must be suitable for habitation of citizens and be comfortable.

At the same time, a dwelling cannot be classified as a specialized housing stock if it is occupied under a social tenancy agreement, a housing rental agreement, a state or municipally owned housing stock for commercial use, a lease agreement, and also, the premises have an encumbrance of rights.

Rules for classifying residential premises as specialized housing stock

Each type of residential premises has its own rules for classifying them as specialized housing stock. Let's take a closer look at these rules.

Service living quarters

Only individual apartments are classified as service living quarters. Individual rooms in apartments occupied by other owners and (or) tenants cannot be official housing. In an apartment building, both all living quarters and some of them can be used as office buildings.

Only citizens who have labor relations with state authorities, local self-government, state or municipal enterprises and institutions can live in service residential premises of a specialized housing stock.

Living quarters in hostels

Dormitories include specially built or converted houses or parts of houses that have rooms with furniture and other necessary items.

Citizens may temporarily reside in residential premises in dormitories during the period of their work, service or study. For one person living in a hostel, there must be at least 6 square meters. m of living space.

So, for example, an employee government agency who does not have a living quarters at the place of service, and members of his family are provided with official living quarters (when he is transferred to a new duty station in another locality) or living quarters in a hostel.

Living quarters of the maneuverable fund

Residential premises of the maneuverable fund include premises intended for temporary accommodation:

citizens living under social tenancy agreements in houses subject to major repairs;
citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;
citizens who have lost their only living quarters, acquired at the expense of a loan or a targeted loan, as a result of foreclosure.

Residential premises of the mobile fund are provided to citizens at the rate of at least 6 sq. m of living space per person.

Residential premises in the houses of the social service system

Social service houses include specially constructed or converted buildings equipped with everything necessary to ensure the life and safety of citizens. They have special premises for medical, psychological and social events, as well as labor activities.

Citizens who are provided with social services and are recognized as in need of special social protection live in these residential premises.

Residential premises of this type are provided to citizens of these categories under contracts for gratuitous use.

Residential premises for temporary accommodation of internally displaced persons and refugees

These premises are under operational control. territorial bodies Ministry of Internal Affairs of Russia and are provided to internally displaced persons and refugees on a first-come, first-served basis at the rate of at least 6 sq. m of living space per person.

Living quarters for orphans and children left without parental care

Such residential premises are provided to persons of this category who have reached the age of 18 under contracts for the rental of specialized residential premises. Housing is provided by local authorities.

According to the provisions of the Housing Code of the Russian Federation, several categories of residential premises are distinguished on the territory of our country.

For example, housing for rent social recruitment needy citizens, this is a social housing. And the rooms owned individuals on the rights of private property - to individual housing stock, and so on.

In today's material, our resource will consider specialized living quarters, highlighting in detail this concept from all sides.

What is a specialized housing stock?

The concept of a specialized housing stock (hereinafter referred to as the SZHF) is interpreted by the legislator in the 19th article of the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code).

In accordance with the provisions normative act, SZhF is a complex of living space on the territory of Russia, which is transferred for use by citizens of specific categories.

The grounds, procedure for providing and registration of contractual relations between the tenant and the landlord of specialized housing are established by the Housing Code of the Russian Federation.

Specialized accommodations include:

service housing (provided by the employer to his subordinates);
rooms in dormitories, the Maneuvers Fund, social service centers for citizens, housing funds for the provision of housing for internally displaced persons and refugees (provided by the state of citizens of the Russian Federation).

The commissioning of residential premises in the SZhF is carried out by authorized organizations in this regard. That is, at its discretion, some organization or state (municipality) have full right transfer their existing form of ownership to a specialized housing stock. The main thing in this procedure is the observance of the basic rules for the formation of the SZhF, which are established by the RF LC.

In particular, they include:

full compliance of the dwelling transferred to a specialized fund with the types of premises described earlier;
the existence of ownership rights to the premises transferred to the SFJ, or the availability of an appropriate power of attorney from the persons conducting the procedure for its entry into a specialized housing stock;
compliance of the residential premises transferred to the SZhF with the housing standards in force in Russia (defined by the Housing Code of the Russian Federation).

Failure to comply with these conditions makes it impossible to enter some residential premises into a specialized fund and, accordingly, use it as a unit of this category of housing.
You can consider the concept of SZHF in more detail by referring to the relevant paragraphs of the RF LC.

Grounds for providing specialized living quarters

Who can get specialized housing?

As noted earlier, SZhF is a complex of residential premises on the territory of our country, allocated to certain categories of citizens.

In fact, there is only one basis for obtaining such housing - belonging to a specific category of citizens.

The list of groups of persons to whom SZhF objects are provided for temporary use is regulated Housing Code and Federal Laws of the Russian Federation, and is also established directly by the owner of specialized residential premises (organizations, municipalities, etc.).

in dormitories, rooms are provided upon service in state structures, work in state structures, study in some educational institutions and other similar activities. In addition, specialized living quarters in dormitories can be provided to the memory-impaired, young families, out-of-town study tours, refugees and similar categories of persons, if they need to receive square meters will be proven;
in the Maneuver Fund, social service centers for citizens and housing funds for the provision of housing for internally displaced persons and refugees, the provision of SZhF units is associated with a temporary difficult life situation of a particular person. An example of such circumstances is an escape from a country due to a military coup in it, the loss of housing due to a flood that has occurred, and similar difficulties;
in the service segment of the NWF, housing is provided to groups of citizens working in any place where the practice of providing these premises to employees is actively used. Such employers can be both individual private organizations and public entities(police authorities, Ministry of Internal Affairs, Ministry of Emergency Situations, etc.).

The final list of grounds under which it is possible to receive housing from the SZhF in the territory of your residence is specified in the bodies of the corresponding designation.

The procedure for providing specialized accommodation for living

How to get specialized housing?

Suppose you specifically belong to the category of persons who can receive an object from the SZhF for their personal use, what should be done in such a situation?

First of all, it is important to understand that specialized facilities are provided on three main conditions:

The use of the received premises solely for its intended purpose, that is, for living.
Compliance with all terms of the contract for the provision of this housing.
Accommodation in the received SZhF facility for the period specified in the relevant agreement, or no more than that, which limits the tenant's stay in a specific group of citizens who can count on receiving specialized residential premises. Simply put, if the room was received due to studying at a university, then, after studying at it, the student must vacate the room (unless otherwise provided by his agreement with the owner of this room).

The procedure for providing housing from SZhF to standard version is:

First of all, the citizen determines and, if necessary, proves that he has the appropriate grounds for obtaining a specialized residential facility. All documents confirming the need for a person to receive housing for temporary use can serve as evidence - a certificate of repair of an MKD with his apartment, a certificate of obtaining refugee status, and the like.
After that, the citizen negotiates all the subtleties of the future contract for hiring specialized housing.
At the last stage of the procedure, this agreement is concluded, the norms and terms of which are considered in the LC RF. Most important aspect in the matter of the contract for the rental of specialized housing is concluded in the period of its validity. In relation to this type of agreement, it can be as follows:

or until the end of the period of time that limits the tenant's stay in a specific group of citizens who can count on receiving specialized residential premises;
or until a person is provided with a new living space (in cases of loss of a dwelling on his part due to natural disasters and similar phenomena).

Upon completion of the contract of employment, both parties to the transaction undertake to comply with its terms. Otherwise, disputes will have to be dealt with in court, in accordance with the civil legislation of the Russian Federation.

Opportunities for privatization of objects from the specialized housing stock

Is it possible to privatize specialized housing?

The possibility of privatization of the SZhF facility is determined taking into account its owner and type of premises. More precisely:

if specialized housing belongs to a non-governmental organization, then privatization is possible only with the consent of its owner;
if the housing is owned by the state (including the municipality), then privatization is carried out with the consent of the owner, if the premises have the status of a specialized facility or were put into operation after March 1, 2005. Otherwise, it is applicable in the Russian Federation.

The privatization procedure itself is no different from the similar procedure for obtaining ownership of housing from social fund. In order for the room you will need:

Prove or simply confirm your right to it (the procedure is carried out in accordance with the provisions described above).
Conclude with the owner of the property.
Register housing in Rosreestr.

Privatization of this kind does not have any subtleties, features.

On this, the most important provisions on today's topic have come to an end. We hope you found today's article helpful. Good luck in getting SZhF premises!

You can find out whether it is worth using the maneuvering fund if you need to move out of emergency housing by watching the video.

Residential premises of specialized housing stock. Concept, types, purpose

Part 2 Art. 92 of the LCD defines the concept of specialized residential premises, and part 1 of the same article defines their types.

Residential premises of specialized housing stock include:

Service living quarters; living quarters in hostels;

Residential premises of the maneuverable fund;

Residential premises in the houses of the system of social services for the population;

Residential premises of the Fund for the temporary settlement of internally displaced persons;

Residential premises of the Foundation for the temporary settlement of persons recognized as refugees;

Residential premises intended for social protection of certain categories of citizens.

Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is allowed only after such premises are classified as specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of a dwelling in a specialized housing stock with the attribution of such premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund is carried out on the basis of decisions of the body that manages the state or municipal housing stock.

Specialized living quarters are not subject to alienation, lease, lease (with the exception of the transfer of such premises under lease agreements provided for in this section).

Residential premises of specialized housing stock belong to the state and municipal bodies.

The housing legislation provides special order provision and release of residential premises of specialized housing stock. They are provided for a certain time under a contract of employment. The provision of these premises is possible under conditions such as need, recognition of a citizen as a poor person, etc.

The Government of the Russian Federation has established the procedure for classifying residential premises as premises of a specialized housing stock. In accordance with Part 3 of Art. 92 of the Housing Code, persons occupying specialized residential premises do not have the right to privatize, exchange, lease, or divide them.

The provision of residential premises of specialized housing stock to citizens is carried out without observing the norms for the provision and requirements for their well-being.

Purpose various kinds residential premises of specialized housing stock is disclosed in Art. 93-98 LCD. Service living quarters are intended for the residence of citizens in connection with the nature of their labor relations with a state authority, local government, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or a public position of a subject Russian Federation or in connection with the election to elective positions in public authorities or local governments.

The grounds for providing such premises are: an employment contract with municipal or state enterprises or institutions; service contract; document on appointment to a public position; a document on election to an elective position in state authorities or local self-government. The term for the provision of residential premises is determined by the term of labor or other relations.

Mode certain types office space regulated by special regulations.

The procedure for the provision and release of official residential premises is regulated by federal laws and other regulatory legal acts.

Service living quarters are provided to citizens in the form of separate apartment(Article 104 of the LCD).

Residential premises in dormitories are intended for temporary residence of citizens during their work, service or training. Under hostels, houses or parts of houses specially built or converted for this purpose are provided. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live. Dormitories are intended for temporary residence of workers, employees, students, students, and other citizens during work or study (single citizens or young families).

In Art. 7 of the Law on the Housing Code of the Russian Federation, it is determined that legal regulation relations related to the provision and use of residential premises located in residential buildings owned by state or municipal enterprises and institutions and used as hostels, if they are transferred to the jurisdiction of local governments, is carried out in accordance with the norms of the LCD on a social contract of employment.

Residential premises in hostels are provided at the rate of at least 6 sq. m per person (art. 105 of the LCD).

Residential premises of the maneuverable fund are intended for temporary residence:

1) citizens in connection with the overhaul or reconstruction of the house in which there are residential premises occupied by them under social tenancy agreements;

2) citizens who have lost residential premises as a result of foreclosure on these residential premises, which were acquired at the expense of a bank loan or other credit organization or funds of a target loan provided by a legal entity for the purchase of residential premises, and are pledged as security for the repayment of a loan or target loan, if at the time of foreclosure such residential premises are the only ones for them;

3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;

4) other citizens, in cases provided for by law. Owners of housing and members of their families, as well as persons living in specialized residential premises are not entitled to receive housing in the mobile fund. The latter should be provided with other specialized living quarters.

In accordance with the law (clause 2, article 95 of the LC), citizens have the right to receive housing in a mobile fund if the following four conditions are met:

Housing purchased with bank loan or funds of a targeted loan provided by a legal entity for the purchase of residential premises;

Acquired housing was pledged to secure the repayment of a loan or special purpose loan (mortgage);

Citizens have lost housing as a result of foreclosure on it due to their failure to fulfill the conditions loan agreement(or loan agreement) under which this housing was purchased (according to the Mortgage Law);

Citizens had no other housing at the time of foreclosure on the mortgaged dwelling.

The JK does not disclose the concept of "extraordinary circumstances". It is likely that the content of this term will be refined as the relevant judicial practice accumulates.

Residential premises in the houses of the system of social services for the population are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services to them (Article 96ZhK). Such residential premises are under the jurisdiction of the social protection authorities and are intended for:

Disabled;

the elderly;

Orphans, children left without parental care, disabled children in need of medical care, etc.

Residential premises in the houses of the system of social services for the population may refer to both the state (federal or constituent entities of the Russian Federation) housing stock, and to the municipal housing stock.

Law of the Russian Federation of August 2, 1995 No. 122-FZ "On social services for elderly citizens and disabled people" (hereinafter - the Law on social services) and Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation » determine the volume of social services for these persons, medical and social services.

Social services for elderly and disabled citizens are carried out by decision of the social protection authorities.

Residential premises occupied by them under a contract of employment or lease in the houses of the state, municipal or public housing stock within six months from the date of admission to the hospital, and in cases where members of their families remained in the living quarters, during the entire time of stay in the institution.

Residential premises of funds for the temporary settlement of forced migrants and persons recognized as refugees are intended for temporary residence of citizens recognized in accordance with the procedure established by federal law, respectively, as forced migrants and refugees (Article 97 of the LC).

The Agreement on Assistance to Refugees and Forced Migrants of September 24, 1983 defines the concept of a refugee and a forced migrant.

A refugee is a person who is not a citizen of the Party (signatory of the Agreement and granted asylum) who was forced to leave his last place of residence in the territory of the other Party as a result of violence or other forms of persecution committed against him or his family members, or a real risk of being persecuted on grounds of race or nationality, religion, language, political opinion, or membership in a particular social group in connection with armed and interethnic conflicts.

Forced migrant - a person, a citizen of the Party that granted asylum, who was forced to leave his place of permanent residence in the territory of the Party as a result of violence committed against him or his family members or other forms of persecution, or a real danger of being persecuted on the basis of race or nationality, religion , language, political beliefs, as well as belonging to a certain social group in connection with armed and ethnic conflicts.

In accordance with the Convention relating to the Status of Refugees, signed in Geneva in 1951, the member states of the Convention are obliged to guarantee to refugees lawfully residing in their territory favorable legal status, no less favorable than that usually used by foreigners under the same circumstances.

Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection.

These categories include socially unprotected citizens: minors, the elderly, etc. An agreement is concluded with these citizens for free use without the provision of medical and social services (in contrast to the norms of Article 96 of the LC).