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The right of all citizens to housing, enshrined in the Basic Law of the country (Constitution), is implemented in several directions. One of them is the possibility of obtaining municipal (or state) housing for use. The relevant municipal and, in some cases, state bodies are engaged in their provision. Therefore, in order to obtain the desired square meters for use, you need to contact the municipality or other authorized body of the subject or the Russian Federation.
Document types
According to their content and purpose, documents for an apartment can be divided into three groups: title-establishing, confirming ownership and technical.
Legal
The documents on the basis of which the owner’s right to real estate is established include:
- transaction agreement (purchase and sale, gift, etc.);
- an agreement with the municipality on the transfer of ownership of the apartment through privatization;
- equity participation agreement in case of purchasing housing at the construction stage;
- certificate of entry into inheritance rights.
A court decision, when the right of ownership is established in court, makes it possible to subsequently register the property in Rosreestr.
All of the listed documents confirm the legal basis for ownership of living space.
Copyright-certifying (title-certifying)
You can certify the state registration of property with an extract from the Unified State Register of Real Estate - it contains all the necessary information about the object registered in Rosreestr.
Technical
This group includes documents that describe in detail the parameters of the apartment, including important technical indicators, schematic representations of rooms and other premises. These include:
- technical plan of the residential premises;
- technical passport of the apartment.
To obtain a duplicate of any of these documents, you will need to contact the authority that issued the original version.
With the opening of multifunctional centers, which act as an intermediary between the population and all government agencies, documents for an apartment can be restored by contacting the MFC only.
Where to get a social tenancy agreement, where to apply?
The conclusion of an agreement for free housing is carried out in the established order of priority. To directly conclude an agreement, you need to submit an application and the required package of documents to the relevant department of the city administration or through the MFC. You can pick up the contract on the appointed day after it has been completed and signed.
Procedure
To sign a document on social When hiring, it is important to go through the entire procedure for providing municipal housing for use. It consists of several stages. The first of these is the recognition of the applicant as needing free housing.
After the applicant for an apartment is included in the lists, he has to wait his turn. Having decided to allocate premises, the local administration, based on the citizen’s application and the documents provided by him, draws up an agreement. On the appointed day, the parties sign a document, where the employer can receive it in his hands.
Restoration of the certificate of ownership
Ownership of real estate must undergo state registration with Rosreestr. Until July 2021, the procedure was confirmed by a certificate. Then, instead of a certificate, they began to issue an extract from the Unified State Register of Real Estate.
Accordingly, it is no longer possible to restore the certificate, but you can only obtain an extract from the Unified State Register of Real Estate.
To receive an extract containing all the information about the apartment, you must submit a request by filling out an electronic application and pay a fee. The answer will be ready within one to three working days.
Order an extract from the Unified State Register of Real Estate
Statement
Innings
How can you get an agreement to resolve your housing issue? Before accepting the application, specialists will check its correctness and the presence of all documents. Then the applicant will be registered in a special database.
He will receive an extract in his hands. There must be the signature of the employee and the date when the application was accepted. In addition, the submitter of documents should be advised about the timing of the decision and given contact details of department employees .
Terms of consideration
According to the law, the administration is given no more than a month to consider the application. However, this period may be extended if the commission requests additional documents. By the way, there is no fee for submitting an application and placing in a queue.
What information must be provided in the application?
The application is written in free form . It must contain the following information:
- Full name of the official.
- Full name and place of residence of the applicant.
- Address of the rented apartment (room).
- Reason for issuing living space.
- Full name and date of birth of all family members.
- Room area.
- Date and signature.
How to restore the purchase and sale agreement for an apartment?
All real estate transactions completed after 1998 must be formalized in an agreement with a number of copies, providing for one copy for storage in Rosreestr. Consequently, one of the originals with personal signatures of the parties to the transaction is located in this government agency.
To restore the purchase and sale agreement, you will need to contact the Rosreestr department or the MFC with the following documents:
- present an identity card (of the owner of the apartment);
- pay the state fee.
Production time is 5 working days.
For a treaty concluded before 1998, the situation will be more complicated. You can find a copy of it from the second party to the transaction or from the BTI. In the first case, if you manage to find the document, you should not only make a copy of it, but also go to a notary with the original and certify the authenticity of the copy.
If the agreement was drawn up by a notary, then one copy of it must be kept by the notary where the transaction was made. At your request, a duplicate will be issued.
What is a duplicate? Is it possible to restore the original social tenancy agreement?
In accordance with GOST R 7.0.8-2013 “National Standard of the Russian Federation.
System of standards on information, librarianship and publishing. Record keeping and archiving. Terms and definitions" (approved by order of Rosstandart dated October 17, 2013 No. 1185-st), the original of the document is its first or only copy (clause 21, article 3.1). Accordingly, a duplicate is a re-issued copy of the original documentation (clause 22 of GOST), which is issued in place of the original. Only one original or one duplicate can exist at a time. However, situations are possible when the original was lost, a duplicate was issued, but then the original was found. In this situation, the original and the duplicate have equal legal force.
In this case, a duplicate should be distinguished from a copy of a document. A copy is a copy that fully reproduces the content and format of the original documentation (clause 23, article 3.1 of GOST). It can be simple and certified, but it has the force of an original only if it is certified by a notary, a judge (during the consideration of the case) or the head of the colony where the convicted person is serving his sentence.
In accordance with established judicial practice, the employer has the right to receive a duplicate of the social tenancy agreement in the following cases:
- loss of the original;
- the unsuitability of the first copy of the documentation (ruling of the Moscow City Court dated October 26, 2010 in case No. 33-31189/2010).
If the document is preserved to such an extent that its content allows the obligations of the parties to be determined, it does not lose its force. However, an old document should not contain additions, corrections, or blurred text (appeal ruling of the Stavropol Regional Court dated May 14, 2015 in case No. 33-2025-2015).
Restoration of technical documentation
Technical documents for the apartment are issued by the BTI; they can issue the necessary papers to the owner upon the appropriate application. In this case, the owner will need to present an identity card and pay a fee.
The validity period of a technical passport is limited to five years. If it has passed, you will need to apply for a new one. To do this, you will have to invite a cadastral engineer who will take measurements of the premises and note all the characteristics of the apartment. It will take ten working days to draw up a new document.
All lost technical documentation can be requested through the MFC. This is the most convenient way to recover the necessary papers. Production time will take 10 working days.
Moscow lawyers
Quite often, management companies profit from the complexity of calculations when residents are unwilling to deal with the payment document. For example, the entry “Major repairs” suddenly appears on the payroll, although the existing column “Payment for the maintenance and repair of residential premises” already implies it.
The State Duma of the Russian Federation is considering a bill on forest amnesty. In fact, the name of the project is longer and less clear: the law “On amendments to legislative acts of the Russian Federation in order to eliminate contradictions in the information of state registers.” We are talking about contradictions between the information of the State Forest Register and the Unified State Register of Real Estate, because of which thousands of Russians risk losing their property.
Cost of document restoration
Restoring all the papers in the apartment will require not only time, but also money for the following activities:
- The state fee for an extract from the Unified State Register for an individual is 300 rubles in electronic form and 750 rubles in paper form;
- state duty for issuing a copy of the contract from Rosreestr is 300 rubles;
- The notary's fee for issuing a duplicate of the contract, if the transaction was executed in his presence, is 100 rubles; you will additionally need to pay for the service according to the tariff;
- for issuing a cadastral passport, the state duty is 200 rubles, a technical plan - 800 rubles, and a technical passport will be issued after the necessary work is completed, depending on the cost of the services of a cadastral engineer (on average 1,500 rubles);
- a copy of the social tenancy agreement is issued upon request of the employer free of charge.
Where is it being restored?
There are several options where you can go to restore and obtain a warrant for a municipal apartment:
- Repair and Operations Department - submitting a written request to issue a copy of the tear-off coupon or to issue a certificate stating that there is no tear-off part in the REU;
- Local administration - filing a request to draw up a social tenancy agreement, refusal of which will lead to court action for further proceedings;
- Real Estate Department - an application with a request to restore the order if it is lost, but this is not always possible;
- Territorial housing organization - here they will issue a list of required documents in order to conclude a social tenancy agreement;
- Migration Service (FMS, also known as the passport office) – you won’t be able to get the original order, but a copy is quite possible.
In accordance with the current Housing Code of the Russian Federation, it is impossible to restore the original order. Now it looks like an artifact from the past. This means that paper is simply replaced by analogues - contracts. It is they who today give citizens the right to privatize a municipal residential apartment.
Privatization of housing without a warrant
Before starting privatization, it is important to make sure that you have all the necessary papers for this, as well as that there are no restrictions on this procedure.
Procedure:
- Visit BTI and receive a step-by-step plan, the production of which is given five working days.
- Restore a lost order or draw up a social rental agreement.
- Next, you need to visit the housing commission to make sure that privatization is possible. If a negative answer was received, then it is necessary to provide the employees with all the required papers.
The document has long been abolished by Russian legislation, but it may still be required. Therefore, the question arises: how to restore a lost warrant for an apartment?
The need to present it arises when it is necessary to carry out the privatization procedure. There are documents that allow you to replace it, but this may be difficult.
Is it possible to privatize an apartment if the order has been lost:
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Is it possible to receive more than 1 order?
The legislation allows you to conclude either one certificate for an apartment or several. To do this, a citizen will need to allocate a part of the living space to each family member, dividing the bills. After this, the apartment will become communal. This procedure is carried out only through the court, and also takes a considerable amount of time.
If the living space is privatized, then a share is issued for each family member. After which each of them must register ownership of it and receive the necessary documents, including a warrant.
In what cases may it be necessary?
The order is needed only to carry out privatization, but given the fact that there are analogues, some citizens consider it useless. However, this is not so, the presence of this certificate will allow you not to waste a lot of time on privatization, and the applicant will not be refused the procedure.
If a citizen is the owner of a Soviet non-privatized apartment, then he must keep the document. Its absence will significantly complicate the privatization procedure. Important! If the tenant has died, a copy of the document will be given to his next of kin.
