Pravozhil.com > Real estate registration > How to restore a warrant for an apartment and is it necessary to do this
Previously, there was only one document that confirmed the right to occupy a specific living space, and this was a warrant. If a citizen has lost it, he must immediately report this to the appropriate authority. This raises the question of how to restore a warrant for an apartment?
This is done in several ways, but there are also analogues of the document. Not every citizen is familiar with all the intricacies of the procedure for restoring a warrant. Therefore, it is worth analyzing this process in more detail, focusing on all the intricacies of the procedure.
What is an apartment warrant and how to get one
No authorized institution has been processing this certificate for a long time. At the moment, it has practically no legal force, but it will be difficult to carry out the privatization procedure without it.
The tenant is usually understood as a person who is responsible for the premises and also has the right to use it. Only a warrant can be issued for him.
There are different types of orders, but there are four in total:
- Temporary. On its basis, it is possible to privatize property, but it is issued only for a short period.
- Exchange. It could only be received by those citizens who wished to exchange their property with the permission of the executive committee.
- Official. Such a document is issued for the period of stay in any part of the country for work, and privatization cannot be carried out on its basis. If a citizen stopped working, this certificate was confiscated from him.
- Lookout. It could be obtained by citizens inspecting the living space for its further use.
Form
Let's look at the two main forms that apply when moving into a home. An inspection warrant is issued before moving in. It is a one-page document with a tear-off coupon. The coupon remains in the executive committee. The document itself says that it was issued to a citizen (F.I.0) for inspection of an apartment located at such and such an address, its area, number of rooms, etc. are indicated.
It is valid for five days. After this, the person must either refuse in writing or accept the offered living space. If the citizen agrees, then the main order or the currently required documents, rental agreement, etc. are drawn up.
The occupancy order is also a one-page document with a tear-off coupon.
The order indicates the tenant, last name, first name, patronymic in full, the number of people moving in, their last name, first name, patronymic, year of birth, relationship with the tenant, information about the apartment, number of rooms, living space.
One part of it remains with the residents. The second is kept in the executive committee, now the mayor's office.
What documents replace a warrant for an apartment?
The presence of a warrant will significantly reduce the time allotted for the privatization procedure. If the citizen has lost the certificate, the process will require additional actions.
A social rent agreement serves as an analogue of an order and to execute it you will need to submit:
- A statement describing the circumstances that led to the loss of the order.
- Passports of family members. If there are children under fourteen years of age, their birth certificates will be required.
How to restore a warrant for an apartment?
When contacting the relevant authority with the necessary package of papers, the applicant will only be able to claim a copy of the order.
It is impossible to obtain the original due to the fact that the document is no longer issued. If your home has already been privatized, then you will not need this document, but if not, then the problem can be solved.
How to restore a warrant for an apartment:
- An application with a corresponding request is drawn up, and then it is submitted to the authorized body. Information should have been preserved that the applicant had previously received a warrant.
- Drawing up a social tenancy agreement. To do this, the citizen must visit the district administration. If the applicant is unreasonably denied registration, he can go to court.
Where can I get a warrant for an apartment?
If a claim is filed, you will need to make copies of the passports of all members of the applicant’s family who have the right to live in a specific living space. As well as copies of receipts for utility bills.
Authorized bodies do not always accommodate applicants, so problems may arise with concluding an agreement. In this case, it is necessary to provide the employees with the papers they require.
If the applicant believes that the refusal was given unlawfully, then he can prepare a statement of claim to the court or re-issue the order.
Where is it being restored?
Several bodies are authorized to restore the document:
- Administration, according to the location of the apartment. The applicant may enter into a social tenancy agreement. But if the employees wrongfully refused this, then you can file a claim in court. The main thing is to ask the employees to prepare a written refusal so that the citizen has evidence.
- Department of Real Estate. It is necessary to prepare a corresponding application, as well as the necessary package of papers.
- REU. First, you will need to ask for a coupon for the order; if it has not been saved, then you need to request the appropriate certificate.
- TZO. Here they are drawing up a social tenancy agreement, but for this you will need to submit the necessary package of papers.
- The Federal Migration Service. The applicant will not be able to restore the original warrant for the apartment, but it is possible to obtain a copy of it.
What is really needed
To conclude an agreement giving the right to an apartment, you must visit the Office of the Housing Policy Department with a list of ready-made documents:
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- Personal passport and identification code (of the applicant and his family members who will live with him);
- Papers certifying the family relationship between the above-mentioned citizens who will eventually receive registration in the apartment;
- A warrant for living space as a basis for applying is not required, but it speeds up the registration process.
After checking the submitted documents, information about the applicant will be entered into the electronic database. The applicant should expect a formal response, which will be sent in writing. At
This advantage will be given to individuals who do not have their own housing or real estate. The income received by the applicant's family will also be taken into account.
If the application is approved, a social tenancy agreement is signed with the person, after which it will be possible to privatize the apartment. In this case, the order is surrendered irrevocably. If citizens use an apartment under an official rental agreement, they do not have rights to privatization.
Restoration of documents for a cooperative apartment
If the documents have been lost, you will need to contact the Chairman of the Housing Committee. To do this, you need to draw up a statement indicating the circumstances that led to the loss of documentation.
After the applicant submits an application, the appeal will be considered at a general meeting. If the outcome is positive, preparation of an application for the issuance of new documentation will begin.
Important! The cooperative will approve the application only if the citizen has submitted certificates of payment of share contributions. If they were lost, then you need to contact the accountant of the housing cooperative.
Are duplicates of technical documentation necessary?
If you have lost your technical or cadastral passport or other technical information, do not panic.
These types of documents have a limited shelf life. Therefore, if you lost technical documentation a year or later after the transaction, then the lost document will be invalid anyway. There are no established deadlines for replacing technical passports. But as an unspoken rule, specialists at technical inventory enterprises consider the period to be from one to five years. Most likely, to complete the transaction you will need a new passport, and not the one according to which the object became your property. Therefore, do not rush to replace a lost or damaged document. If necessary, it is better to take a new one, with fresh technical data.
Since 2021, such a document as a cadastral passport has been abolished altogether. Information from the state cadastre was combined with the Unified State Register of Real Estate databases. And now all the necessary information is available in Rosreestr; there is no need to order it separately.
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.
The essence of the document
During the times of mass provision of free housing, move-in was carried out on the basis of a warrant .
It was a small document containing the data of those being moved in, the address of the facility, and the name of the issuing organization.
In those years, the distribution of housing , so it was their seal that was on the document.
This document lost its legal status with the adoption of the new Housing Code of the Russian Federation in 2005. Therefore, today there is no such name on the privatization lists. However, the presence of this paper is necessary for drawing up a rental agreement , which means that without it, registration in the property is not possible.
Find out on our website whether it is possible to privatize a cooperative or service apartment, military personnel’s housing, a share, a room in a communal apartment or dormitory, as well as an apartment with debts.
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.
Registration in the registry
As soon as the privatization agreement is signed with citizens, they will need to register ownership of the apartment. To do this, you will need to go to Rosreestr and write a corresponding application. The owners will be given an analogue of a warrant - an extract from the Unified State Register with new data about the owners.
To obtain this certificate you need:
- passport;
- privatization agreement;
- receipt with paid duty (sometimes);
- cadastral passport of property.
In approximately 5 days (working days), the citizen will be given the document we are interested in. Everything is much simpler than it seems!
Privatization and warrant
How to restore a warrant for a municipal apartment if it is lost?
Before carrying out the privatization procedure, it is important to familiarize yourself with all its limitations:
- If a person who has the right to live in a particular apartment does not want to take part in the privatization procedure, this can cause problems. Therefore, it is best to discuss this point in advance.
- The right to privatization has already been used.
- Bailiffs seized the living space.
- The house is soon to be demolished.
As mentioned above, a warrant is required only when carrying out this procedure. Even if a citizen has lost it, he can still privatize the premises.
Reasons for refusal
Refusal to provide a copy of the order must have compelling reasons. Based on them, actions are determined in each specific case. Why citizens may be refused:
- The applicant does not have registration in the apartment indicated in the application. In this case, it is impossible to conclude an agreement with a person who is not registered in this living space.
- If the order is lost by the owner himself or a government agency. If the culprit is a government agency, then a social rental agreement must be concluded without fail. Since in this case the document cannot be restored.
- They do not have the right to refuse to issue a copy if the warrant was issued for a person who has already died, since all his rights are transferred to the relatives specified in the warrant if they still have registration in this apartment.
Lack of registration is equivalent to the lack of the right to live in a municipal apartment. In this situation, the privatization procedure does not provide for the provision of a share of property to the discharged citizen.
IMPORTANT! To draw up an agreement, it will be sufficient to have a personal passport, as well as passports of all registered persons living in a municipal apartment, an extract from the house register and a certificate from a personal personal account.
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:
See also Phone numbers for consultation January 14, 2021 kasjanenko 1110
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About waiting
How long should I wait for an order to be restored? What about privatization?
There are no clear answers. It all depends on the situation. Restoring an order usually takes several months. Conclusion of a rental agreement - up to 60 days. But with privatization everything is much more complicated.
Ideally, the request should be answered within 1 month after submitting the application in the established form. But it can take up to 3 months to check the attached papers. In general, it takes about six months to convert a state apartment into private ownership.
