Features of privatization of an apartment by military personnel under a social tenancy agreement or through the court

You can find out how long free privatization in Russia has been extended and how much it will cost at the end of this period, as well as who has the right to repeat the participation procedure, from our articles.

Legislative norms

The main regulations of the procedure are contained in the Law “On Privatization...” No. 1541-1 and Government Decree No. 512.

They stipulate the right of the military to take ownership of the premises provided to them, subject to 20 years of service .

This right is reserved for military personnel transferred to the reserve if their total length of service exceeds 10 years.

The apartment can be registered as the property of a military man or members of his family, if there is a refusal from the rest of the registered ones.

Military privatization is carried out taking into account the standard area per resident .

By law, the area per family member cannot exceed 20 square meters. Excess space is available for a fee.

Sample statement of claim for privatization of an apartment for military personnel.

You can find out how to privatize real estate if the warrant for it is lost, and whether this can be done with a dorm room or an apartment with debts on utility bills, on our website.

Description of options

How is an apartment privatized under a social tenancy agreement by military personnel? Military privatization takes place in the same manner as any registration of ownership of living space. There are several options for the procedure:

1. Registration of ownership of an apartment from the Ministry of Defense occupied by a military serviceman’s family under a social tenancy agreement is regulated by the Law “On Privatization...” and is carried out in the same manner as registration of ownership of municipal housing.
   The only difference is that the application is submitted not to municipal authorities, but to a unit of the RF Ministry of Defense (the specific addressee can be found in the contract). An application for consent to privatization is submitted on behalf of all family members.
2. Registration of privatization of official housing by a relative of a serviceman is carried out subject to his written refusal of privatization. Any family member of a military serviceman can act as an applicant. Other family members must submit a notarized refusal of privatization.

The authorities are given a period of 2 months to review the package of documents. Employees evaluate documents, inspect and identify the status of residential premises, request information about privatization participants, including checking compliance with the rights of persons under 18 years of age.

If the decision is positive, a privatization agreement is drawn up, on the basis of which you can obtain a Certificate of Ownership.

Minor military children under 14 years of age must be included in the privatization agreement without fail. To refuse privatization of a citizen from 14 to 18 years of age, permission from the guardianship authorities is required .

Possible obstacles

The complexity of the process mainly lies in the presence of service status for residential areas. Having begun the procedure for registering premises as property, people encounter the following obstacles:

1. The building in which the premises are located does not have an official owner or management company. The reason for this situation is the untimely completion of documentation when transferring departmental apartments to municipal ownership.
2. The owner of the property is the Ministry of Defense. Such real estate is not subject to privatization, since it has departmental status.
3. The apartment buildings have been transferred to the balance of the state, but the residential premises located in them have not received documentation from the BTI and Rosreestr. This fact makes it impossible to issue technical and cadastral passports for residential premises, since such buildings are not registered in the cadastral register.

All these problems delay the process, and in some cases make it impossible . Each specific case has its own characteristics and may have a different procedure for solving the problem.

Find out on our website about the rights and obligations of the owner and those prescribed in a privatized apartment, as well as what the owner of privatized meters will have to pay for out of his own pocket.

So, where to start the procedure?

Cost of registration of real estate ownership

Privatization of living space requires certain financial costs, the amount of which varies depending on the square footage of the premises and the number of participants in the process:

• a certificate stating that free privatization has not been carried out before (200 rubles);
• production of a registration certificate for real estate (5,000 rubles subject to a general queue, for urgency you will have to pay another 10,000-15,000 rubles);
• state duty for registration of property rights (2000 rubles).

Important! Some documents that are necessary for privatization of an apartment have a statute of limitations. Thus, an extract from the Unified State Register and a certificate of personal account are valid for 30 days from the date of receipt, and an extract from the house register is valid for two weeks.

Another cost item when registering privatization may be notary services, tariffs for which are set individually in each office. The average duration of obtaining ownership of an apartment will be about two months. This period also includes registration of property rights in Rosreestr.

The procedure for transferring official housing into ownership does not always go smoothly. There are a number of reasons why a serviceman may be denied privatization:

• The living space does not have an official owner.
• There are no technical documents for the property.
• Debt on personal account. Officials do not have the right to officially refuse privatization of housing with utility debts, but, as practice shows, they are trying in every possible way to delay and complicate the process of registering housing. Read about the privatization of an apartment with utility debts here.
• Housing is located in a building that has dormitory status.
• The apartment or building in which it is located has emergency status (it is written here about whether it is possible to privatize emergency and dilapidated housing).
• The apartment is communal.
• Reluctance of anyone registered in the apartment to privatize it.

Is it possible to privatize housing provided by the Ministry of Defense for a wife? Yes, both relatives and spouses can privatize company housing.

1. In the first case, the serviceman must make a written refusal in favor of any family member. Other relatives living in the premises that are being privatized should do the same.
2. Special bodies review documents within sixty days. At the same time, housing is assessed, the rights to it of possible applicants, and related documents are checked.

Attention! In the event of the death of a military man, all benefits pass to his wife, she has the right to privatize housing in her name. But the right applies only if the widow has not remarried.

Where to begin?

How is privatization carried out under a social employment contract by military personnel?

Despite some features of each procedure, there is an approximate general procedure.

In any case, you need to start by determining the status of housing by contacting the department of the Ministry of Defense.

Permission will not be obtained if the property is located in a gated community. Due to the special strategic purpose of such residential premises, their privatization is prohibited .

If the premises do not have strategic status, you should then submit an application to the municipality. The applicant can be a military serviceman, both active and retired, and his authorized representative.

If the living space is located in a dilapidated building, it will not be possible to privatize it.

Read about the procedure for deprivatization of an apartment, as well as the statute of limitations for invalidating the privatization of residential premises, on our website.

Important nuances

When planning to exercise their right to living space through the privatization of office premises, every serviceman must remember some important nuances:

• the apartment subject to privatization must comply with the requirements and standards imposed by housing legislation and other acts on housing provided to a military personnel as property;
• the privatized living space should not be located on the territory of a closed military camp;
• a military man who wants to remove restrictions from a departmental apartment must, in accordance with the legislation of the Russian Federation, be recognized as in need of improved housing conditions;
• a serviceman must have the legal right to acquire ownership of a home (for example, duration of service - 20 years, dismissal due to general medical conditions, health conditions after 10 years of service, etc.).

Instructions for the procedure

Before submitting an application, all citizens registered for housing must decide on the option for registering property:

• on all registered;
• on several;
• per owner.

In any case, an application must be submitted with the signatures of all registered persons. Each of them must agree or refuse the share due to him.

A minor under 14 years old cannot be excluded from the list of share recipients; he must receive a share in the apartment without fail . If the refusal is issued on behalf of a child aged 14 to 18, permission from the guardianship authorities will be required.

The following must be submitted along with the application:

1. Copies of passports or birth certificates.
2. Notarized waivers (if available).
3. Technical documents.
4. Extract from the personal account.
5. Certificates of non-participation in privatization.
6. Extract from the Unified State Register.
7. Certificate of registration.
8. Power of attorney for privatization (if personal participation is impossible).
9. A copy of the Marriage Certificate.
10. Receipt for state duty (1000 rubles from each party to the contract).

For tenants of apartments provided after 09/01/1991, you will need a certificate of registration in the previous place of residence. Since military personnel often change their registration during their service, this can significantly delay the process.

The difficulties often lie in the fact that many military units where the military family lived and was registered have already been disbanded. Then you will have to look for data in the archives.

No later than 60 days after submitting the package of documents, applicants must be given a response. If a refusal is received, the serviceman can carry out this procedure through the court .

Read on our website about how to determine whether your living space has been privatized, where to start the procedure for registering ownership, and whether you can submit documents through the MFC.

How to privatize housing received from the Russian Ministry of Defense?

First, let's look at the law. In accordance with the Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ, namely with Article 15 of this law “Military personnel - citizens who are provided with official residential premises for the entire period of military service and are recognized as needing residential premises in accordance with Article 51 of the Housing Code of the Russian Federation, upon reaching the total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the maximum age for military service, for health reasons or in connection with organizational and staffing measures for the total duration of military service For 10 years or more, residential premises in federal ownership are provided at the choice of these citizens free of charge on the basis of a decision of the federal executive body that provides for military service, or under a social rental agreement with the specified federal executive body at the chosen permanent place of residence and in accordance with the standards for the provision of residential space provided for in Article 15.1 of this Federal Law.” Privatization of housing for military personnel is a rather complex and time-consuming process. The main problem is this: in most cases, military personnel receive housing owned by the Ministry of Defense by concluding social rental agreements. When starting the privatization process, a person may face a number of problems, for example, the absence of the owner of the house in which a military family lives; or absence of a management company; lack of technical passport. Cadastral passport for an apartment and other problems. All this leads to a halt in the privatization process itself. Privatization of housing involves two options for transferring ownership of residential premises: - each family member participating in privatization receives their own specific share in the apartment; - the residential premises are transferred into the ownership of one family member. You should know that in the application that is being prepared for privatization, it is necessary to put the signatures of all members of the serviceman’s family, not forgetting about minor children. In the event of any problematic situations related to privatization, it should be remembered that it is possible to privatize an apartment for a military personnel and any residential space in federal ownership through the court. Thus, it does not matter whether the serviceman received an apartment from the Ministry of Defense, the federal security service or another federal institution - the decision on privatization for military service apartments is made by the court. To begin with, the serviceman must have in his hands either a decision of the Federal executive body, or a social rental agreement for residential premises with the Ministry of Defense or another federal department, in accordance with which the serviceman and his family members were provided with residential premises - an apartment - for use. If such a document exists, consider half the job done. The state, in accordance with current legislation, is obliged to transfer ownership of service residential premises to the military personnel. The social tenancy agreement must be accompanied by an act of transfer of residential premises or a move-in order, i.e. any document confirming the provision of a “service apartment” (resolution, order). The serviceman also needs to obtain an extract from the Unified State Register of Rights to Real Estate, which proves that the apartment is actually owned by the Russian Federation. The right of operational management may not be secured at all, or belong to a specific government agency (in this case, in the statement of claim it is necessary to ask to terminate this right of operational management).

To undergo military privatization, you must obtain a service record.

The next step is to competently draw up a statement of claim to the court to recognize the serviceman’s right of ownership of the service apartment and, having paid the state fee, submit the application to the court.

The court also needs evidence that the serviceman was unable to resolve the issue of privatization of the service apartment pre-trial. To do this, the serviceman must submit a written application to the authority in charge of the service apartment. A representative of the Ministry of Defense or a federal agency must respond in writing to the serviceman that the privatization procedure can only be carried out through the courts. If the apartment belongs to the Ministry of Defense of the Russian Federation, their response is otherwise called “Refusal of the Ministry of Defense in Privatization.” Also, the response from the Ministry of Defense may indicate whether this body objects to your demands or supports them. If the response to a serviceman’s appeal states that he objects, there is no need to be alarmed; all decisions on the privatization of a service apartment or the refusal of military privatization are still made by the court.

The following documents required to file a claim in court are a copy of the financial personal account indicating the total and living area of ​​the apartment and an extract from the house register. For the court, they will serve as evidence that the serviceman and his family members actually live in the apartment. If a person lives in a service apartment for whom the serviceman will not privatize the apartment, then he must give a notarized “consent to privatize” this residential premises (apartment) for the specified people and his renunciation of the right to privatize the service apartment. A copy of this document must also be attached to the statement of claim to the court. In the case of free privatization, the serviceman will need to prove that he has not previously taken part in free privatization. To do this, you need to obtain “non-privatization certificates” from the passport offices of all the districts in which you have ever lived. Sometimes it is not necessary to provide a “certificate of non-privatization” to the court, because if a social rental agreement was concluded with you, then your participation in free privatization has already been verified by the Ministry of Defense of the Russian Federation.

A technical passport (tracing plan) for a service residential premises (from the Federal State Unitary Enterprise "Rostekhinventarizatsiya" (BTI) - without cadastral registration will serve as proof that no unauthorized redevelopments have been carried out in the service apartment. A cadastral passport for a service residential premises will also be required.

And of course, the serviceman will need to make photocopies of passports and birth certificates of children. The court will consider the serviceman's appeal and make a decision that this apartment can be “disused.” Having received a court decision, the serviceman needs to register ownership of the former service apartment. To do this, he will need a court decision, a cadastral passport of the apartment. The state fee for registration in Rosreestr will be 2,000 rubles.

WHAT ARE THE PROBLEMS OF HOUSING PRIVATIZATION?

1. First stage of privatization To privatize an apartment, a transfer agreement is required. The serviceman applies to the Federal State Institution “Special Territorial Department of Property Relations” with a request to conclude it.

2. Receiving a refusal Concluding an agreement on the transfer of ownership of an apartment with a serviceman is impossible, since the Ministry of Defense has not granted the Federal State Institution “STUIO” of the Ministry of Defense of the Russian Federation the right to privatize service apartments.

3. Going to court The serviceman does not have enough documents to submit to Rosreestr and he cannot obtain a certificate of ownership of the apartment. What to do in this case? The only solution will be to go to court.

What documents need to be collected to file a lawsuit?

1. Copies of passports of all privatization participants 2. Notarized refusal to participate in privatization from those who are registered in the apartment, but refuse to participate in it 3. Form 9 certificate (no later than 10 days before filing a claim in court) 4. Technical passport, technical plan, cadastral passport for the apartment 5. Social tenancy agreement 6. Letter of refusal from the Federal State Institution of the Ministry of Defense from transferring the apartment into the ownership of citizens 7. Extract from the military service record 8. Extract from the Order of the Minister of Defense of the Russian Federation on personnel and combat units (about dismissal from military service) 9. All certificates confirming non-participation in privatization at the place of residence, starting from 1991. These are certificates from the BTI before 1995. Extracts from the Unified State Register of Rosreestr since 1995. 10. Extract in form 3 from the Unified State Register throughout Russia (about the availability of property) 11. Statement of claim (drawed up ourselves based on examples from the Internet) 12. State duty receipt. 13. Copy of the power of attorney (if the application is submitted by a proxy) 14. Extract from the service record + Extract from the Order of the Minister of Defense of the Russian Federation on personnel and combat units (on dismissal from military service) 15. Copies of the Marriage Certificate (since the spouse refused to participate in privatization)

Reasons for refusal

You can get a refusal in the following cases:

1. Illegal redevelopment discovered.
2. The documents do not comply with the standards or there are errors in them.
3. Some of the applicants were previously involved in this.

If the applicant dies after filing the documents, the process stops. The wife of the deceased has the opportunity to renew it after re-registering the social tenancy agreement on legal grounds.

Also find out from our articles whether it is possible to privatize a room in a communal apartment, as well as cooperative or service housing.

Expenses

The procedure itself is free, but this does not mean that there are no associated costs. You will have to pay the state fee twice (for submitting documents to the privatization body and for registration), pay a notary for certifying the refusal, as well as the BTI for producing a registration certificate.

Depending on the region of residence and the number of family members, you will have to spend at least 4-5 thousand rubles . If certificates or registration documents are needed urgently, the payment will be much higher.

Registration through court

In case of refusal or if the housing has departmental status, privatization is possible only through the court.

The subject of the claim will be a demand to remove the official status from the premises .

Before going to court, you must send a request for permission by registered mail to the Housing Department of the Ministry of Defense. The response received will serve as the basis for filing a claim in court.

If the organization has not sent a response, the basis may be a copy of the letter sent to its address and a receipt for its payment. The letter must be sent 60 days before filing a claim with the court.

The rules for drawing up a claim are regulated by Articles 131, 134 of the Code of Civil Procedure. You should contact the courts of military garrisons or districts at the location of the property , or the military board of the Armed Forces of the Russian Federation.

The statement identifies the parties to the trial in court and information about the location of the object. The descriptive part must contain the substance of the dispute and references to the norms of the laws of the Russian Federation. The application must be completed with a requirement to privatize the property.

The application is accompanied by a package of documents identical to those previously listed. Consideration of the claim is scheduled 5 days from the date of its receipt.

The procedure through the court has a number of subtleties and features, so it would be more advisable to enlist the support of an experienced lawyer.

Such cases are quite complex , so their consideration can last about 2-3 months. Delays are most often associated with the need to remove the official status from the premises or difficulties in registering buildings with cadastral registration.

A positive court decision is the basis for completing the process. The court ruling, along with a package of documents, is submitted to Rosreestr or MFC, and the parties to the agreement receive Real Estate Certificates.

to privatize real estate located in a closed military camp even through the courts. However, the family of a serviceman can live in it indefinitely, even after his retirement.

Possible difficulties

The following difficulties may arise with housing for military personnel:

• Regardless of the basis on which the serviceman lives in this premises, he is obliged to notify his command of his current or new address.
• In some situations, service housing can be voluntarily, at the request of a military man, transferred from the balance of the RF Ministry of Defense to the balance of the municipality. This is usually done just so that a person can privatize it. It is recommended that you try to solve the problem this way first.
• Many military personnel retain the right to live in a service apartment even after retirement. However, this does not mean that they automatically receive ownership of it or have the right to privatize this premises.

The procedure for privatizing housing for military personnel is practically not described in the legislation. As a result, one has to be guided by the norms that apply to everyone. As a result, disagreements and numerous problems may arise. You can deal with them with a free consultation from our experienced specialists. In addition, lawyers will help not only directly with privatization, but also with a lawsuit in court.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Privatization for family members of a military personnel

Is it possible to privatize housing from the Ministry of Defense for my wife?

The special status of the military in terms of social protection extends to members of their families.

Benefits provided by the military in the event of their death can be used by close relatives.

First of all, the widow of a serviceman who died in service has the right to housing. However, this benefit has a limitation. The wife of the deceased can privatize official real estate or get a new one only before the registration of a new marriage.

living in housing provided by the Ministry of Defense writes an application and draws it up in her name .

If a rental agreement was not previously concluded with the residents, the wife of the deceased becomes the tenant. The documents will need to be accompanied by a Military Death Certificate and a Marriage Certificate.

You can privatize an apartment in the name of relatives of a military man only with his consent, subject to his refusal of the share, which makes it possible to register the apartment in the name of any family member registered in it.

Where to apply?

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.

In this case, the owner will be the Ministry of Defense represented by the commander of the military unit, to whom it will be necessary to contact with a report. There is no form for this report, but to satisfy it, you must clearly indicate your requirements, supporting this with references to legislation and attaching the necessary documents.

In case of refusal, you will need to go to court to appeal this decision. In this case, it is important not to miss the three-month deadline established by law.

Having decided the question of how to transfer departmental premises to municipal ones, and having completed this process, the serviceman enters into a social rental agreement with the municipality, after which it will be possible to privatize the apartment.

Do I need to become an owner?

The size and condition of apartments provided by enterprises, as a rule, leave much to be desired. Since such housing is temporary, residents move into it for a short time and change frequently.

It is clear that none of the residents invest any significant funds to maintain the satisfactory condition of the apartment , and the owner company does not pay special attention to such apartments. As a result, the condition of the living space is deteriorating every year.

Of course, if you have lived in this living space for a long time and invested in its renovation, it is worth becoming the legal owner of these square meters.

After all, privatization will give you full right to dispose of the apartment at your own discretion.

Privatizing a service apartment is worth it for those citizens who plan to change their place of work. After all, as soon as you terminate the employment contract with the owner organization , the living space will have to be vacated.

But if the condition of the technical equipment of the living space and its general condition are not in order, you need to think about whether it is worth becoming an owner.

After privatization, the maintenance of the apartment will fall entirely on the shoulders of its owner. All internal work, including replacement of the heating system, water supply, sewerage, will need to be done at your own expense, while hiring workers.

If you are in line to receive housing from the state, which will be clearly larger in area than a service apartment, you definitely do not need privatization. Since the presence of official living space does not deprive citizens of the right to improve their living conditions.

If citizens living in a service apartment do not have other housing and are on a waiting list for improved housing conditions, they cannot be evicted without providing alternative housing .

Since in Russia there are practically no residential premises that the authorities can provide for relocation from service apartments, the premises can be occupied virtually indefinitely .

You can also find out what tax owners of privatized apartments must pay on our website.

How can you privatize a service apartment?

Provision of housing under a social tenancy agreement, who is entitled

The Property Management of the local administration acts on behalf of the property owner. Only a citizen of the Russian Federation who has registered and is recognized as in need of living space can be a tenant. Apply for housing since 2005 Only low-income citizens and their family members can use social rent. That is, first a person must be registered as low-income. When considering a citizen’s income, the following are taken into account:

• the total amount of income per family member;
• the value of taxable property owned by family members.

The relevant services make calculations taking into account the needs of the family. The amount of income that was received according to the documents provided during the estimated period (20 years) is calculated, then the value of the property

If the amount of property security is less than the estimated cost of the minimum living space for a family, citizens may be recognized as needing social support. Attention! The family's need for living space is determined by the calculated norm - area per person. There are 2 types of norms - accounting and provision

Living space is not provided less than the accounting norm: it varies by region and can range from 6 to 18 square meters. The second is the social standard. Who is recognized as needy:

• those who do not own living space and are not tenants under social tenancy agreements;
• if the standard for living space does not correspond to the standard for one person in a specific constituent entity of the Russian Federation;
• living in dilapidated/dilapidated houses under rental agreements;
• live in houses that do not meet existing sanitary requirements;
• living together with a patient whose illness is included in the list of the Housing Code of the Russian Federation, who, according to sanitary standards, must have a separate room.

In addition, officials will check information to ensure that the citizen submitting the application has not, over the past years, entered into transactions that deliberately worsened his living conditions. This can be any real estate transaction: allocation of a share, exchange, sale, moving in other persons for permanent residence, including as a result of marriage. Therefore, you need to think about applying for social housing in advance.

In addition, there is a separate list of persons who also have the right to housing on social rent:

• disabled people of groups I and II;
• disabled liquidators of the Chernobyl accident;
• WWII veterans;
• victims of natural disasters who have lost their homes;
• military personnel who have become disabled as a result of their professional activities.

Among them, two categories of citizens can be distinguished:

• those who stand in the general queue;
• those who have the right to regular provision of housing.

Let's start our article with the concept - what is service housing?

In accordance with the housing legislation of the Russian Federation, housing is official housing, in particular, apartments and rooms provided to citizens in connection with work; we are not talking about a social tenancy agreement and transfer to private ownership. Service housing is provided to employees for use under a rental agreement, the validity of which terminates along with the expiration of the employment contract. Accordingly, when the employee’s work activity is completed, he and his family members must vacate the official housing and look for an alternative place to live on their own. However, Russian housing legislation also provides for a number of exceptions that provide for the provision of other housing to citizens after the expiration of the employment contract:

• in the event that family members of a person liable for military service, a firefighter or law enforcement officers who died or went missing in the performance of their official duties live in the official apartment;
• if family members of a deceased employee who entered into an agreement for the use of departmental housing live in the official apartment;
• in the event of the retirement of an employee who received such housing;
• in the event that an employee receives group I or II disability due to the fault of the employer (disability after an injury at work, occupational disease, etc.);
• in the case of orphans or children left without parental care living in a service apartment.

Reasons

The main basis for privatization is the employment contract, which the employee must have. In addition, persons who are not bound by formal labor obligations with the owner company will not be able to begin converting housing owned by the special fund into private ownership.

So, privatization will become possible if:

• you have a rental agreement for office space;
• the owner of the property (department, enterprise, institution) is not against it;
• work experience at this enterprise – 10 or more years;
• duration of actual residence in the apartment – ​​10 years or more;
• You have not previously participated in free privatization.

If, in addition to the owner’s consent, all conditions are met, you have the right to submit a corresponding application to the employer and, if he allows (which happens extremely rarely), begin the procedure.