Service apartments are provided to categories of workers and employees specifically specified in the legislation for the period of their employment relationship (janitors, district police officers, deputies, etc.).
Both service housing and dormitory are types of state or municipal specialized housing stock, premises in which are provided to citizens who do not have housing in the corresponding locality.
An employee can receive a service apartment in accordance with the nature of his employment relationship with the employer, and residential premises in a dormitory are provided regardless of the nature of the employment relationship.
Only an apartment or an individual house can be a service apartment, and the subject of a tenancy agreement in a hostel can be a room, or even part of a room with a living area of at least 6 square meters. m per person.
A dormitory is, first of all, a type of residential building specially adapted for the temporary residence of any employees of the employer.
For more information about what kind of housing is official, to whom it is provided and for how long, see our video.
2. Limitations of specialized housing status
As a general rule, residential premises for office purposes and in dormitories are not subject to privatization, exchange, sale or other alienation, because do not belong to the housing stock for social use.
But the law gives owners of service housing the right to transfer them to social rent and allow privatization.
And dormitory buildings transferred to municipal ownership automatically lose their dormitory status and social rental agreements with the right of privatization are concluded with all residents. Read more about this in our material “Conditions for recognition of housing rights.”
Also for your attention is a video consultation by Evgeniy Bobrov on how to privatize a service apartment or dorm room.
What is service housing?
The concept of “official housing” includes residential premises intended for the residence of citizens while performing certain work activities, but who do not have other living space in a given region. In accordance with Article 92 of the Housing Code of the Russian Federation, it must be included in a specialized housing stock based on a decision of state authorities or local government (you will learn more about hiring specialized residential premises from this article).
Requirements for living space
Official housing is designed to create normal living conditions for employees of a number of organizations in order to fully perform their work duties when they do not have the opportunity to purchase their own housing. To do this, he is subject to the appropriate requirements regulated by the Housing Code of the Russian Federation:
- An apartment or a house can be considered official housing (Article 104 of the Housing Code of the Russian Federation). It cannot be considered a part of an apartment or a room in it. The specialized fund may also include a dormitory.
- The housing provided must comply with the standards of Article 15 of the Housing Code of the Russian Federation, which establishes mandatory compliance of the area (sq.m.) with technical and sanitary standards adopted for citizens of the Russian Federation.
- The improvement of service housing must correspond to the living conditions in their own apartments (houses) of a given locality, taking into account regional specifics, i.e. water supply, gas, sewerage, heating.
In office premises, citizens can live with their family (including children), elderly parents and incapacitated close relatives under their care.
Who manages the property?
In accordance with the Housing Code of the Russian Federation (Article 104), landlords of official housing can be:
- government bodies of the Russian Federation when appointing citizens to government or elected positions from the housing stock of the Russian Federation;
- public authorities of the constituent entities of the Russian Federation from their housing stock;
- local government bodies, within the framework of their powers, from the municipal fund;
- home owners (state, municipal, private enterprises and organizations).
The decision to provide official housing can be made by authorized persons who are granted such a right by state or local authorities. This could be the command of military units, the Ministry of Internal Affairs, the management of enterprises and organizations.
Who can receive it and on what grounds?
The list of positions to whom official housing is provided is determined by Article 93 of the Housing Code of the Russian Federation.
It includes:
- deputies of all levels who arrived from another region;
- civil servants (officials);
- contract military personnel (read about the conditions for renting housing for military personnel here);
- law enforcement officials - police, investigators, etc.;
- employees of the Ministry of Emergency Situations and emergency rescue services, incl. firefighters;
- forest protection workers (rangers, foresters) and fisheries;
- employees of customs, tax and judicial services;
- teachers;
- housing and communal services workers (for example, janitors);
- medical workers, doctors.
Service housing is transferred for use under a lease agreement. It is valid during the period of execution of the employment contract or performance of assigned duties. Upon termination of the employment relationship, the contract is terminated.
Housing owners (companies, organizations) can provide official housing to their employees of any profession and position at their own discretion. At the same time, they have the right to transfer ownership of real estate to employees on agreed terms.
How to register a service apartment as property
of the possibility of privatizing an apartment is positively resolved (either with the consent of the owner upon its transfer, or if it is no longer official and the corresponding social tenancy agreement has been concluded), it is necessary to decide on further actions , the purpose of which will be to obtain such housing as your own. In any case, you need to start with an application for privatization, which is addressed to the owner of the residential premises (the one with whom the contract was concluded).
After submitting the application, the relevant authority reviews it and, if the answer is positive, privatization agreement is concluded After its registration, the citizen must contact Rosreestr to register ownership of the apartment. After submitting the application to the above authority (with a package of documents attached), Rosreestr issues an extract from the Unified State Register of Rights to Real Estate and Transactions with It, which confirms ownership.
It is also worth noting that if the owner of the residential premises refuses to satisfy the application for privatization, it is necessary to require the authority to provide such a refusal in writing .
Considering that the transfer of such property for privatization is the right and not the obligation of the owner, legal claims 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.
Transfer of official housing to social rent
It is possible to transfer housing provided to a citizen in connection with the performance of his work duties into social rental only if its owner changes . Such residential premises must be transferred to a state or municipal unitary enterprise, that is, its status must change . a social rental agreement must be concluded with the citizen living in the apartment . After this, a citizen may be more likely to privatize such a home.
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 home needs to 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 opportunity for such privatization . To do this, the owner of such an apartment, in accordance with his decision, must allow the citizen to carry out privatization, or the housing must be transferred to the municipality, and therefore will lose its official status .
After the housing has lost this status, the citizen must submit an application to the owner of the apartment, reflecting his intention to privatize the housing . After this, the owner considers the specified application and makes a negative or positive decision . The consideration takes place in accordance with the legislation of the Russian Federation (including regulations at the local level). If the owner agrees to carry out such a procedure, a privatization agreement .
If the authority made a negative decision, then it is necessary to require such a refusal to be provided in writing . In this case, if possible, the citizen eliminates the shortcomings and resubmits the application .
With the above agreement signed by the authorized body, the citizen must contact Rosreestr, attaching the necessary package of documents, with a corresponding application. After its consideration, the citizen is granted ownership of the apartment, and a corresponding note is made in the register. After this, the privatization procedure ends.
Rights and obligations of the parties
The conditions for renting office housing are specified in detail in the agreement between the landlord and the tenant. The document sets out in writing the rights and obligations of the parties regarding the provision, maintenance and operation of premises. They are based on the provisions of Articles 65 and 67 of the RF Housing Code.
Employer
At the legislative level, the tenant, i.e. The tenant (employee or employee) is charged with the following responsibilities:
- Use of the premises strictly for its intended purpose, namely for living, without involvement in business activities, etc.
- Timely payment of utility bills and operating costs.
- Maintaining the transferred property in proper condition. Carrying out routine maintenance inside the premises as necessary. Taking measures to identify and eliminate faults and violations by notifying the lessor.
When carrying out planned major repairs, the tenant must temporarily vacate the premises and not interfere with their implementation. The tenant bears full responsibility for the safety of the transferred property. The following rights of the employer and his family members are protected by law:
- Residence with the family for the entire period stipulated by the contract, subject to the fulfillment of its terms, as well as the use of the transferred property.
- Use of all housing and communal services on a general basis.
- Use of benefits and subsidies provided by law.
The tenant has the right to early termination of the contract on his own initiative. Its order is specified in a separate paragraph.
Owner
The owner of official housing is obliged:
- Transfer the premises to the tenant, free from any rights of third parties. It must fully comply with technical, sanitary and fire standards.
- Conduct housing renovations. Participation in events to improve the surrounding area.
- Provide the tenant with the opportunity to use all utilities. Conclude agreements with relevant organizations.
- Respond to messages from the employer regarding identified malfunctions and violations.
The lessor has the following rights:
- Presentation of requirements for compliance with the law and community standards. Warning the tenant about the possibility of taking action in case of repeated violations.
- Monitoring the condition of premises and transferred property.
- Presentation of demands for timely payment of services and agreed rent.
The lessor has the right to early termination of contractual obligations if the terms of the agreement are violated by the lessee.
Features of official hiring
In addition to the employer himself, members of his family also have the right to use official housing. Therefore, the provision of service living quarters is carried out in accordance with the number of family members of the employer, based on the social norm adopted in a particular locality, but not less than 6 m2 for each family member, taking into account the mixed-sex residence of children.
The degree of improvement of housing is determined by the characteristics of the area in which the housing is located. That is, if there is no sewerage system, centralized water supply, etc. in the locality, the landlord cannot be assigned the obligation to equip the living space with these benefits.
Submission procedure
The issue of providing official housing is decided by its owner, which is formalized by a decision in the form of an order, resolution or regulation. The basis is an employment contract and a citizen’s application. After the decision is made, a rental agreement is concluded. Based on the agreement, a housing order is issued.
An application for the provision of official housing is written to the head of its owner (state, regional or local government body, organization that owns the housing). It indicates: the basis for the request, a reference to the citizen’s lack of housing of his own, information about the number of family members and the presence of persons under guardianship (preferably indicating age).
The necessary documents are attached, and consent is given to check personal data and data on family members to determine the accuracy of the information.
The transfer of the premises is carried out according to the acceptance certificate and the technical condition report . These documents must reflect all noticed deficiencies and malfunctions.
It is important for the tenant to take into account that when vacating housing in the future, its acceptance will be based on the specified acts, taking into account natural physical wear and tear.
Procedure for drawing up a standard agreement
The Housing Code of the Russian Federation quite clearly regulates the procedure for concluding and the content of a contract for the rental of office premises (Articles 100-102, 104). Decree of the Government of the Russian Federation dated January 26, 2006 No. 42 approved the form of a standard agreement, which is recommended to be followed when drawing up an agreement.
The document is signed by the employer and the head of the organization, who is designated by the owner as an authorized person. It should be noted that the employer can be not only a Russian citizen, but also a foreigner who has entered into an appropriate employment agreement (more information about renting an apartment to foreigners can be found in our material).
The contract includes the following main points:
- necessary information about the employer, lessor and authorized organization, incl. composition of the tenant’s family and information about other persons who will live with him;
- address, area and main characteristics of the housing provided;
- conditions of transfer for use and delivery at the end of the contract;
- rights and obligations of the parties;
- responsibilities for carrying out current and major repairs, the procedure for payment;
- conditions for early termination of the contract at the initiative of both parties;
- force majeure conditions;
- amount of rent (if any);
- contract time.
A separate paragraph highlights the possibility (impossibility) of privatization and transfer of office premises into the ownership of the employer. Particular attention should be paid to eligibility and duration of residence after termination of the employment agreement.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
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Validity
The validity period of the contract corresponds to the duration of the employment agreement (contract) or tenure in an elected position (Part 3 of Article 104 of the RF Housing Code). The landlord can set a specific, temporary period for renting housing, but in this case the conditions and procedure for its extension must be prescribed.
A mandatory requirement is to maintain or extend the employment relationship with the employer. The employer must notify the owner of the property in a timely manner about the extension of the employment contract.
What documents should I attach?
To provide official housing, the following documents will be required:
- ID card (passport);
- an extract from the work book with a record of the place of work and position held;
- an extract from the Unified State Register or other document proving the absence of other housing in the property;
- Marriage certificate;
- certificate of family composition, guardianship documents;
- an employment contract with a term of employment relationship;
- employer's request for office housing.
All attached copies and extracts must be certified by a notary or the employer's seal. The property owner may ask for additional documents depending on the type of activity of the applicant.
Doctors and teachers
Doctors and teachers are another socially significant category of employees. There is no federal housing distribution program for them, so it is necessary to seek clarification:
- to the regional health department - doctors;
- to the regional Department of Education - to teachers.
As a rule, service housing is provided as part of health and education development programs in the region. The Department for State Property Management can also handle the distribution of premises, but specific conditions are developed by the relevant departments.
Some Russian Railways employees need to live close to work - and the company provides them with this opportunity.
The procedure for providing office housing:
- When concluding an employment contract, Russian Railways undertakes to provide an apartment.
- Based on the contract, the employee is entered into the internal accounting database of those in need of residential space.
- Next, the available apartments are distributed among the registered employees, and rental agreements are concluded.
- After termination of the contract, the employee vacates housing within a month.
Special norms have been laid down for the provision of accommodation to Railway employees, which can be downloaded here.
Termination of contract
The rental agreement is terminated in the following cases:
- expiration of the employment contract or employment contract;
- termination of labor relations between the employer and the employer;
- purchase by the tenant of his own housing;
- ahead of schedule, at the initiative of one of the parties.
The tenant can terminate the contract and vacate the premises at any time due to moving to another place of residence, change in marital status and for other reasons. He must notify the landlord about this.
Termination of the contract at the initiative of the lessor on the basis of Art. 83, 101 LC RF by court decision. The following circumstances may serve as a basis:
- evasion of the employer from making payments for utilities and rent;
- damage to real estate or property due to the fault of the tenant or members of his family;
- use of the premises for other purposes;
- numerous claims from neighbors, other citizens and legal entities.
The contract may be terminated due to force majeure circumstances when further operation of the premises becomes dangerous. If the agreement is terminated by the court, the tenant must vacate the living space within 3 days.
Privatization of official living space
In order for official housing allocated to military personnel during military service to be privatized, it is necessary to contact the owner with an application for its transfer from specialized, departmental premises to municipal premises, that is, to document the status of the occupied living space.
At the same time, it is difficult to count on a positive outcome in resolving this issue after studying the content of the Resolution of the Constitutional Court of the Russian Federation No. 13-P of October 24, 2000.
Transfer of a departmental apartment to a social one and further privatization
Law No. 1541-1 of 07/04/91 (Article 4) deprives official housing of the right to privatization. It is possible only when real estate is transferred from a special fund to municipal ownership. It is produced only with the consent of the owner. To carry out such an action, the tenant must submit a corresponding application to the landlord, who reviews it within a month.
If a positive decision is made, then the necessary documents are submitted to government authorities and the status of the housing changes. After its transfer to municipal ownership, privatization is carried out in the usual manner prescribed by law.
Another option is to buy out an apartment (house). This possibility must be provided for in the lease agreement. An important condition is to live in the office premises for at least 10 years and have proof of the need for housing. Read more about the nuances and procedure for renting with subsequent purchase here.
There are categories of citizens who cannot be evicted from office premises upon expiration of the tenancy agreement. These include:
- disabled people and participants of the Second World War, as well as disabled people from other military operations;
- disabled workers;
- families of people who died in the line of duty;
- single citizens with young children.
In such cases, office premises are transferred to the social housing fund and a social rental agreement is drawn up.
Legal costs
Even when a residential property transferred from a service fund becomes open for privatization, one must remember that, by law, each citizen has the opportunity to become a participant in free privatization only once.
If this right has already been used previously, the apartment can only be redeemed or privatized in the name of one of the relatives who have not yet exhausted their right. In the case of children, this is an excellent option, since upon reaching eighteen years of age, their right to participate in privatization is returned, and they can use it again. It often happens that the organization that is the owner of the official living space refuses to transfer it to another fund, and this is its legal right. A citizen cannot turn to the local administration with the same request, but can try to resolve the issue through the court. The claim is filed against the employer, but practice shows that such claims are extremely rarely satisfied. The plaintiff must have very compelling reasons for a positive decision. These may be extremely difficult circumstances or a violation of his rights.
Restrictions for the employee
The tenant of service housing must use it only for residential purposes. It is prohibited to use it:
- in business activities;
- for organizing business, warehouses, hotels;
- other use not for its intended purpose.
Is it possible to rent?
You cannot transfer the premises for rent or lease to another person (sublease) . If these violations are detected, the lessor goes to court. They are considered a valid reason for termination of the contract and eviction of the tenant. The court may impose other penalties in the form of a fine provided by law. Read more about penalties for illegal housing rentals here.
You will find more information about the procedure for registering a rental property on our website. In addition, you may need information about problems that may arise with tenants and ways to solve them, and about fraudulent rental schemes. Learn about the nuances of renting housing for long and short-term periods and how to organize a business renting apartments by the day.
Service rental housing is intended to create favorable living conditions for a certain category of citizens who have entered into employment contracts, but do not have their own housing. It is strictly regulated by the Housing Code of the Russian Federation and other legislative acts. All conditions, rights and obligations of the parties are stipulated in the Agreement. Compliance with it and hostel standards provides the opportunity to perform work duties without worrying about housing.
When can a military man privatize housing?
Such a question as the transfer of official housing to social rent may become relevant already because the privatization law excludes the possibility of transferring any official premises into the ownership of a person, also noting that such decisions can only be made by the owners.
That is, it is the owner who disposes of the service housing. And only he decides whether it will be possible to transfer it into ownership in the future. Is it possible to transfer official housing to social rent, and how can it be privatized? What difficulties may lie in wait along this path? In fact, it will not be at all difficult to understand all the nuances of such issues.
Upon retirement
The Housing Code protects the rights of pensioners who rent housing provided by their service. Even if the tenancy agreement has terminated, it will not be possible to forcibly evict a pensioner.
To evict him, he must be provided with other housing, which must:
- be located on the same territory;
- be well-maintained;
- comply with technical standards.
At the same time, it is legal to ignore the size of the alternative apartment, as noted by the Plenum of the Supreme Court of the Russian Federation in paragraph 42 of Resolution No. 14 of July 2, 2009. A pensioner may be provided with a smaller apartment in exchange.
State and municipal civil servants
Civil servants receive the right to premises from the moment of concluding a contract for service and appointment to a position. Methodological issues regarding the distribution of premises are decided by the relevant department. The lease agreement is signed by the department authorized to dispose of state or municipal property.
Additionally, a civil servant may qualify for a one-time subsidy for the purchase of housing. It is provided for by the Law on Civil Service and Decree of the Government of the Russian Federation of January 27, 2009 N 63.
