In order to provide citizens in need of housing and their families, in accordance with housing legislation, specialized housing stock.
service apartment provided by state or local authorities to persons performing labor functions in these structures. Citizen and his family should not have their own living quarters in the region where he is to work.
The Housing Code of the Russian Federation provides for an employee to have a service apartment, which is provided for employment contract for the duration of the employee's employment relationship. On such a living space is provided.
The law protects certain categories of citizens and prohibits them without providing them with alternative housing.
Forced eviction of persons who do not want to voluntary leave office space. It is important to follow the order prescribed by law.
In spite of prohibition of privatization office accommodation, there are legal ways.
Service apartment as a dwelling of a specialized housing stock
Citizens in need of housing shall be provided by the state or municipality with residential premises provided for such purposes. The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):
- hostels;
- housing maneuverable fund;
- residential premises intended for temporary resettlement of citizens;
- for social protection of the population;
- service housing;
- residential premises intended for social services for citizens;
- premises for orphans or children left without parental care, etc.
service apartment is a dwelling that is provided to a citizen in connection with the performance by him of certain labor relations.
The list of persons entitled to official housing is determined by separate legislation (depending on the area of activity of the person).
As a rule, such accommodation is provided to those who must be inseparably present in the immediate vicinity of the workplace. Another condition is the absence of one's own in this locality.
Service housing can be:
- apartments;
- hostels;
- private houses.
However, in order for an apartment to be provided to a citizen and his family as a service apartment, it must be included in a specialized housing stock. as a service dwelling. This provision is adopted by the decision of state authorities or local self-government - depending on who owns the living space.
Provision of service housing
In accordance with Art. 93 of the Housing Code of the Russian Federation, service housing is supposed to be provided only to those citizens who are in labor relations With:
- public authorities;
- local authorities;
- state or municipal enterprises.
Also, such housing is provided for persons appointed to public positions of the Russian Federation or a constituent entity of the Russian Federation, or elected to elective positions.
Accordingly, the apartment is provided by office space rental agreement for the duration of the employment contract or contract. Termination of employment entails the termination of the contract of employment.
So, a service apartment will be given to citizens occupying positions:
- Deputy. At the same time, one can be a deputy at any level (state, subject or local).
- Serviceman.
- Law enforcement officers (police officers, investigators, etc.) who are sent to serve in another city or town.
- Firefighter in the Ministry of Emergency Situations.
- Teacher and doctor. This applies to those who wish to go to work in the countryside.
- civil servant. For example, judges, officials, employees of ministries and departments, etc.
Currently, the provision of corporate housing is practiced and private organizations - employers .
The procedure for obtaining office accommodation
Service housing is allocated according to decision the owner of the premises, namely the authorities of the subject or municipality. The decision is made in the form orders or orders organ.
After a decision is made between the person authorized to carry out such actions and the citizen who is provided with living space for use, a lease agreement for office space. This procedure is regulated by the regulations of the relevant authority.
Such premises are subject to transfer by act of acceptance and technical condition report. These documents spell out all the shortcomings of the provided housing, so you should carefully consider the content of these documents. This is also due to the fact that the reverse procedure for transferring the premises is the same. Therefore, if malfunctions are noticed, they must be eliminated at your own expense.
The conclusion of a lease agreement entails for both parties rights and obligations associated with the use of the premises. The main responsibilities of an employer are room use fee and paying utility bills. In addition, the citizen is obliged at his own expense make current repairs. paid by the owner of the premises.
Service housing should not be used by citizens for profit, namely, you can not rent them, sell, change, etc.
This ban is due to the fact that housing does not belong to a person on the right of ownership and he cannot dispose of it at his own discretion.
The contract must specify all family members citizen who will live with him. As the number of family members increases, this list should be updated.
What documents are needed to apply for office accommodation?
When submitting an application for the provision of service housing and for its consideration, it is necessary to attach a number of documents. These primarily include:
- the passport;
- work book as confirmation of employment in this organization and in the corresponding position;
- a document that indicates the lack of housing in the property (or other);
- certificate of conclusion (or dissolution) of marriage;
- information about the composition of the employee's family;
- employment contract or contract - it specifies the period during which the employment relationship will last;
- petition or application from the employer.
All documents are attached in copies, which must be assured with a notary or employer.
The specified list of documents for obtaining a service apartment is not exhaustive. It can be replenished depending on the situation and conditions for providing housing.
Application for the provision of office space
To receive official housing for use, you must write statement in the name of the head of the authority. It indicates the number of people who will live with the tenant. If there are children, their age is indicated.
Also, this document indicates all residential premises available to the employee on the right of ownership, if any.
The citizen hereby gives agreement for the processing of personal data. He also subscribes to what he provides reliable data about yourself and your family members.
In the event of a change in the information provided, the citizen undertakes to report it.
On the example of the provision of service housing to military personnel sample application as follows:
Is it possible to register in a service apartment
As a rule, a citizen and members of his family are temporarily registered in official housing. This can only be done with the permission of the owner. will be valid for a specified period. Usually, registration in service housing is valid for the period for which the contract of employment is concluded.
Registration at the place of residence in a service apartment does not give the right to register ownership of it.
The main reason for eviction from such housing is the termination of labor relations with the organization that provided the service housing. In the event of a divorce, the second spouse loses the right to live in this apartment and is subject to deregistration and eviction.
Eviction from corporate housing
Eviction from the service housing is possible voluntarily and involuntarily. FROM voluntarily everything is quite simple. At the end of the contract or fixed-term employment contract, the employee (employee) is obliged to vacate the premises occupied by him.
In the event that a citizen does not wish to voluntarily move out of a service apartment, then this can be done in compulsory order, namely by the decision of the court.
There are several grounds for forced eviction:
- arrears in payment of utility bills;
- damage to housing;
- the rights of third parties are violated;
- the property is used for commercial purposes;
- other.
The eviction process takes quite a long period of time. Before applying for a forced eviction in court, the owner must take steps to peaceful resolution of the situation.
The owner of the premises must send the tenant notification with a request to leave the house. The notice must offer a specific period after which it is possible to apply to the courts. It is 5 days.
If the tenant has not taken action to evict the property, the owner has the right to file a lawsuit in court. After the decision is made in favor of the owner of the residential premises and it comes into force, you need to contact bailiff service. The bailiff will then enforce the judgment.
Who can't be evicted from their housing?
There are categories of citizens who cannot be evicted from service housing without providing them with an alternative, that is, in exchange for another housing unit. To such persons, in accordance with Art. 103 LCD RF include:
- family members of military personnel, internal affairs officers and other employees of state bodies who died or went missing in the line of duty;
- pensioners who have worked in the organization until old age;
- family members of the deceased employee;
- disabled persons of groups 1 or 2 who became disabled through the fault of the employer, who received occupational diseases, were injured while performing their duty, and others;
- orphans and children left without parental care;
- citizens left with young children.
In order for such citizens not to be evicted, they should not have their own housing, as well as housing provided to them under a social contract of employment.
Renting an apartment upon eviction
When evicting from a service apartment, it is necessary to properly pass owner. The fact that the housing is accepted by the owner and handed over by the tenant is signed by the act of acceptance and transfer of the residential premises.
An authorized representative of the owner must make a full inspection of the service apartment and fix the existing shortcomings (if any). In this case, the employee has the right to disagree and indicate his comments on the act.
The apartment must be in a condition no worse than it was transferred to the tenant. In this case, its normal wear and tear must be taken into account.
If a forced eviction is carried out, then a act of eviction. It must be drawn up in the presence of two witnesses.
Do I need to make repairs before renting a service apartment
Usually, the tenant's obligations are specified in the contract of employment. duty to do redecorating included in the main list. The frequency of its holding is also directly reflected in the contract.
If a housing provided with renovation and this fact is described in the contract of employment and the act of acceptance and transfer, then upon delivery, repairs must be made. Otherwise, the tenant will be charged the amount for cosmetic repairs of the premises, calculated at the market price.
In the event that, in accordance with the terms of the contract for the rental of official housing, the deadline for making repairs has not yet come, then the tenant has the right refuse do it when you check out.
Can corporate housing be transferred to ownership?
It must be pointed out that the norms of the LC RF do not provide for such a procedure as. And Art. 4 Law of 04.07.1991 No. 1541-1 "On the privatization of the housing stock in the Russian Federation" establishes ban to transfer office premises to the property of citizens.
Such premises can be privatized only after they are transferred to municipal property(if the owner is different). After that, there must be the consent of the owner of the housing for the implementation of privatization by another person.
Further, service housing is no longer considered service housing. Therefore, it can be transferred to the use of citizens by. When these activities are carried out, privatization is possible in accordance with housing legislation.
So, the tenant of service housing needs to apply to the management of the enterprise that owns the premises, with a request to transfer it to ownership. The application is considered within a month. Further, a positive or negative decision is made on this issue.
If a positive decision is made, then it will be necessary to agree on the transfer of the apartment to municipal ownership and the removal of the official status from it. Only after resolving these nuances, you can proceed to the standard privatization procedure.
There is an option when you can buy service housing. You need to work in an organization and live in this apartment at least 10 years old. In addition, there should be official recognition of those in need of housing.
Conclusion
An important feature of the provision of service housing is that a person does not need housing as such. He has the right to it in connection with the performance of certain labor duties in state or municipal authorities.
This suggests that housing is provided temporarily and for a certain period. After the expiration of the term, I have the right to evict tenants even if they have nowhere to live.
Despite the ban on the privatization of corporate housing, it is possible to bypass it. To register the ownership of office housing, you need to change its status. This can be done only with the consent of the owner of municipal (state) housing.
Question
Office housing regulations
Are there norms for the area when providing service housing?
Answer
Yes, there are. There must be at least 6 square meters per person. m of living space. If there are children of different sexes over the age of 9 in the family, then they must live in separate rooms. Consequently, a family with two children of different sexes is entitled to a three-room apartment. But in practice, these norms are often not observed, since there are a lot of people who need a service apartment.To date, we can note a fairly large number of citizens and families who live in service housing. Sometimes it is not possible to privatize such real estate, but often many people do not deal with the registration of official housing as personal property only because they do not know how to do it.
The service apartment is owned by the state, municipality or a specific organization and is provided to employees along with their families. This property is classified as a specialized housing stock and before receiving it, a lease agreement is concluded between the owner of the object and the employee. The term of this employment is equal to the term of service. Accordingly, upon dismissal, a person and his family must move out. The only exception is a certain category of persons, which can be found later in the article. As with any employment, an employee has the right only to live in a departmental apartment and register himself and his family members living with him in it.
Every person, regardless of their status, should be aware of their rights, especially when it comes to such a controversial issue as the registration of office housing in the property.
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How relevant is the question
Even taking into account the fact that in comparison with previous years the number of service apartments has noticeably decreased, they do not lose their relevance. Departmental housing is intended for the residence of persons who have bound themselves by labor obligations with its owner. This means that such employees do not have a personal living space for any reason. Such real estate is provided to military personnel, employees of public utilities, emergency services, foresters and fisheries, as well as for state and tax officials. All criteria, conditions and requirements for persons wishing to receive official housing are fixed by the Housing Code of the Russian Federation.
Often, service housing is not communal in nature, that is, separate apartments are issued for one person or one family. Decisions on the transfer of residential property to the category of specialized are made by the local council after the owner of this property submits a corresponding application there. According to Russian legislation, after the transfer, the privatization of such objects becomes impossible, which is due to the protection against the abuse of citizens' rights. But there are usually exceptions to the rules.
Reality of privatization
In fact, the law prohibits the transfer of corporate housing into the ownership of the tenant, but the Housing Code of the Russian Federation does not provide for anything of the kind. However, at the same time, in Article 4 of the first part of the law regarding the possibility of privatizing the housing stock, it is said that objects related to service housing are not privatized. That is, you can hire them, but you can’t issue them as personal property.
Usually, this is where many people end their search for answers about the possibility of privatization, which is a mistake and a hasty conclusion. The law is not perfect, therefore, in this case, there were loopholes. The same law prohibiting the privatization of a service fund, in its second part, does not prohibit its owners from transferring housing to other persons. That is, the initiators of privatization in the end can be exactly the owners of real estate, who provided it to their employee for hire.
In addition, the Constitution allows each individual region to adopt its own rules and conditions regarding the privatization of real estate. In any case, the final decision is made by the owner of service housing. He can do this at his own request or at the request of the employee, if he decides to give a positive answer.
Who has that right
Making official housing into personal property is allowed for those categories of employees who are associated with the owner of the property by labor obligations, namely:
| Who has the right | Notes |
|---|---|
| Deputy | Without restrictions, in any locality, including when transferring from one region to another, regardless of its significance. At the same time, the improvement of housing will be the better, the larger the administrative entity to which the deputy belongs. |
| Official | Only in the case when he does not have personal living space at the place of work. |
| Serviceman | A single employee can be given a room or one apartment can be given to two colleagues, but only a separate living space is issued to family soldiers. |
| Employee | Ministry of emergency situations and law enforcement agencies. |
| Public service worker | Often we are talking about janitors, whose working day starts at five in the morning, which significantly complicates the way to work from another part of the city. |
| Government worker | Forestry and fisheries, the Federal Tax Service, courts, customs. |
| teacher, doctor | If they don't have their own home. |
How to implement the plan
Based on the foregoing, it should be noted that the transfer of office housing to is the only option to register such property in personal ownership. That is, in fact, it is necessary to remove the status of a service object from the object, transferring it to municipal ownership, so that privatization becomes real. The following is a standard procedure.
Before transferring a service apartment to a municipal one, such a decision must be agreed with the organization that provided the employee with housing. What happens next depends on her answer. However, there are times when office real estate can be transferred to a state or municipal fund, regardless of the circumstances. At the same time, privatization is possible only when the status of real estate changes, and not when the owner changes. If this status has changed in the right direction, it is not worth delaying privatization, since the picture can quickly change back.
If no changes are expected, an application should be submitted with a request to transfer the apartment to a different status. Such a request is submitted at the place of work. Further, with a positive answer, the employer, who is also the owner of the housing, submits a corresponding request to the local executive committee.
Legal costs
Even when a residential facility transferred from the service fund becomes open for privatization, it must be remembered that, according to the law, each citizen has the opportunity to become a participant in free privatization only once. If this right has already been used before, the apartment can only be redeemed or privatized for one of the relatives who have not yet exhausted their right. In the case of children, this is an excellent option, since upon reaching the age of eighteen, they return the right to participate in privatization, and they can use it again.
It often happens that the organization that owns the office space refuses to transfer it to another fund, and this is its legal right. A citizen cannot apply to the local administration with the same request, but can try to resolve the issue through the courts. The lawsuit is filed against the employer, while practice shows that such requirements are extremely rarely satisfied. The plaintiff must have very strong grounds for a positive decision. It can be extremely difficult circumstances or a violation of his rights.
Dismissal and housing status
Despite the fact that upon dismissal a person is obliged to vacate office housing, some categories of employees fall under the exception and they are given another living space upon dismissal. The category of exceptions includes:
Before starting any action, it is important to clarify what status housing has. There are two options available, namely:
- The residential area remains municipal if the organization has not registered it as an office space with the state registration authority for immovable objects;
- The residential area remains serviceable if it is registered in the Unified State Register of Rights to Real Estate and Transactions Therewith (Rosreestr).
It is worth paying attention to the type of contract under which the citizen moved into the apartment. If the apartment is not registered with Rosreestr as a service apartment, and the settlement took place under a social tenancy agreement, the issue of privatization is greatly facilitated. If the apartment acquired the status of a service apartment after the settlement, then it is not valid. Moreover, only the bodies managing the housing stock can assign housing the status of a service building. The decision of any other instances is illegal.
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Therefore, a citizen living in it can participate in privatization without the above restrictions related to status. Thus, the service apartment can be privatized. There are at least two ways:
- Owner's permission for privatization;
- The conclusion of a social tenancy agreement for an apartment, which, in connection with the transfer to a unitary enterprise, has lost the status of a departmental one.
How to find out a service apartment or a municipal one The key point in resolving the issue of privatization is understanding the status of housing. It is extremely important to understand whether the residential premises are categorized as service premises or are deprived of such status. The easiest way to get information about the status of property is by sending a request to the appropriate authority, that is, the owner of the property (the one who provided the living quarters).
How to privatize a service apartment
How the privatization of corporate housing is carried out It is important to request copies of the documents, according to which this or that housing was endowed with a certain status. It is also necessary to determine the date of assignment of official status.
Such a status of housing should be assigned only before the provision of such property to the tenant. This will mean that the housing was provided as a departmental one. It should be noted that if such a dwelling was not registered as a service dwelling, a citizen has the right to privatize it, despite the fact that the provision of the apartment was carried out on the basis of labor relations that arose between the employee and the employer.
In this regard, the easiest way to clarify the issue of status is to send a request to the owner.
How to transfer a service apartment to a municipal one?
Moscow and a month later they receive an answer that it is not possible to formalize the privatization of the apartment, because. this apartment has not been transferred to the ownership of the city (it may be federal property) and it is advised to contact the housing authorities of the Ministry of Defense of the Russian Federation. It turns out a dead end! On the one hand, citizens have the right to privatization, on the other hand, there is no authorized body or organization that would take the necessary measures to formalize the right of ownership in the order of privatization of residential premises.
LJ magazine There is a service apartment that my father received in 86. Worked for her for over 10 years. Last year, we tried to collect documents in order to “serve” her, but we were refused, because.
We are not on the waiting list for the improvement of living conditions. We were not put on the waiting list, because I and my children have been registered there for less than 5 years.
The procedure for the transfer of municipal housing to service housing.
Service housing is housing provided to a citizen in connection with his direct work. An employer provides housing if such an employee does not have a home in the locality where he will be working.
Privatization of such an apartment is possible if the owner agrees, or if such a dwelling loses the status of a departmental one. You can find out this status by sending a request to the owner or to Rosreestr.
Important
Privatization is formalized by sending an application by a citizen to the owner. In case of consent to privatization, an appropriate agreement is concluded between the owner of such property and the citizen.
After that, the citizen submits the specified agreement with a package of documents to the Rosreestr. Next, Rosreestr makes a note in the register about the new owner of such an apartment.
Conversion of service housing to municipal housing
Housing transferred to the official Attention After that, the owner considers the specified application and a negative or positive decision is made. Consideration takes place in accordance with the legislation of the Russian Federation (including regulatory legal acts of the local level).
If the owner agrees to perform such a procedure, an agreement on privatization is concluded between the applicant and the authorized body. If the body made a negative decision, then it is necessary to demand the provision of such a refusal in writing.
At the same time, if possible, the citizen eliminates the shortcomings and sends the application again. With the above agreement, signed by the authorized body, the citizen must apply to Rosreestr, attaching the necessary package of documents, with the appropriate application.
Features of the privatization of service housing
After that, the citizen submits the specified agreement with a package of documents to the Rosreestr. Next, Rosreestr makes a note in the register about the new owner of such an apartment.
Attention
If the refusal occurred due to shortcomings in the documents, the citizen has the right to correct them. After that, he again has the right to apply for the service.
Possibility of privatization of service housing Privatization of service housing, despite the prohibition in the law, is possible. This happens in strictly defined cases. This is a rarity, however, the law left this opportunity for the population.
When is it allowed Privatization is allowed when the department where the citizen works has agreed to transfer the residential premises to his ownership. For this, first of all, it is necessary to remove the residential premises from the service category.
State employees Privatization of office premises is carried out in a permissive manner.
Can public service housing be converted to private housing?
Considering that the transfer of such property for privatization is the right, and not the obligation of the owner, lawsuits to change the status of the apartment are not satisfied. A judicial perspective is possible only in case of obvious violations when changing the status of housing, and also if such property is not registered as official property in Rosreestr. Transfer of service housing to social tenancy It is possible to transfer housing provided to a citizen in connection with the performance of his labor duties to social tenancy only in the event of a change of its owner. Such a dwelling must be transferred to a state or municipal unitary enterprise, that is, its status must change.
In this case, it is no longer official, and a social contract of employment must be concluded with a citizen living in an apartment. After that, a citizen may be more likely to privatize such a dwelling.
Conversion of public housing to service housing
BTI In Moscow there is a resolution dated August 5, 2008 No. 771-PP. Read if interested. likes: You need to contact the organization that provided you with housing and resolve this issue with its management. The organization must apply to the municipal authorities for the transfer of rights to property by writing an application. After carrying out this procedure, you need to conclude an agreement with the municipality on the right to use this property (social tenancy), which is concluded without setting a period of validity.
Having written the application, it is necessary to add the following documents to this application (order for extract, copies of the house book, passports of those living in this property, financial and personal account). I like it: In fact, it is not difficult to transfer an apartment from a service apartment to a municipal one.
It is worth recalling that such a transfer does not depend on the citizen and it is often impossible to influence this process. In this situation, the user of the dwelling must carefully monitor the situation and not miss the moment of changing the status of the property.
Otherwise, you may lose the opportunity to privatize the apartment. Privatization procedure The privatization procedure consists of several stages.
At the very first stage, the citizen should have the very possibility of such privatization. To do this, the owner of such an apartment, in accordance with his decision, must allow the citizen to privatize, or the housing must be transferred to the municipality, in connection with which it will lose its official status. After the housing has lost such status, the citizen must submit an application to the owner of the apartment, which reflects his intention to privatize the housing.
In this case, it is necessary to clarify this information in Rosreestr, and if such a status is really absent, go to court (if the owner does not agree to privatization). In such a situation, the courts also satisfy claims. Conclusion Service housing provided by various organizations is a temporary solution to the housing problem. However, in this situation, there is the possibility of privatizing such an apartment, which would be the solution to the above issue. To obtain this possibility, several conditions must be met. Privatization can be both voluntary and by filing a claim with the court. The result of the privatization process is the acquisition of a service apartment in the property. Question After how many years can a service apartment be privatized? I have been living in a service apartment provided by my employer for more than 5 years.
In accordance with Part 3 of Art. 104 of the Housing Code of the Russian Federation, the period of hiring office premises should not exceed the period of service (work) of the employee specified in the contract (employment contract). Dismissal from the service is the basis for terminating the contract of employment of office accommodation.
Those who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement, or owners of residential premises or members of the family of the owner of residential premises and who are registration as those in need of residential premises: - family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities of the Russian Federation, state fire service authorities, authorities for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies penitentiary system, dead (deceased) or missing in the performance of military service or official duties; - old-age pensioners; - family members of an employee who was provided with official housing or housing in a hostel and who died; - disabled people of group I or II, whose disability occurred as a result of a labor injury due to the fault of the employer, disabled people of group I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled from among military personnel who became disabled of group I or II due to injury, concussions or injuries received in the performance of military service duties or as a result of an illness associated with the performance of military service duties. Citizens specified in Part 2 of Art. 103 of the Housing Code of the Russian Federation, other residential premises are provided, which should be located within the boundaries of the corresponding settlement.
The law does not say anything about the fact that a service apartment can be privatized after 5 years of work.
Part 1 Art. 4 of the Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" states that official residential premises are not subject to privatization, in part 2 of this article it is determined that the owner of the housing stock and the bodies authorized by him, as well as enterprises and institutions in charge of residential the fund has the right to make decisions on the privatization of official residential premises. Making a decision on the privatization of service housing is the right, and not the obligation, of the owner (manager) of the service housing stock. In practice, decisions on privatization are made in the case when citizens have worked at an enterprise, institution, organization that provided them with official housing for at least 10 years or have lived in this residential area for at least 10 years. To make such a decision, the administration of the enterprise (institution), on the balance sheet of which the office premises are located, has a 2-month period from the date the employee submits the application. If the application is satisfied, a contract for the transfer of housing into ownership is drawn up, concluded between the employee and the head of the enterprise (institution).
There is another option: at the request of the administration of the enterprise (institution) to the local administration, the service dwelling is transferred to non-service and privatized by the persons occupying it in the usual manner. However, the implementation of this variant of privatization is also at the discretion of the enterprise administration; a citizen does not have the right to oblige the administration to transfer to him the office space occupied by him.
All citizens registered in this apartment have the right to privatization. Minor citizens participate in privatization without fail. An apartment acquired as a result of a gratuitous transaction is not a jointly acquired property, because not acquired by the spouses during the marriage.
In case of privatization of the apartment, you will have shared ownership.