Is it possible to privatize office housing? We analyze the nuances of registering ownership of a departmental apartment

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One of the conditions for concluding an employment contract between an organization and an employee may be the provision of official living space to the latter. As a rule, square meters are issued for the period of work and after dismissal the employee is required to leave the premises. No one wants to lose their home, especially when there is nowhere to move. Therefore, many are interested in the question of whether it is possible to retain a service apartment through privatization, and if so, how to do this correctly? Let's figure it out.

New law on the privatization of departmental housing

Office premises are residential premises provided to employees of organizations on the basis of employment contracts.

There are two types of housing:

• which belongs directly to the enterprise;
• which belongs to the state, and the enterprise only manages it (departmental).

In the first case, the decision on the possibility or impossibility of privatization is made by the management of the enterprise alone, in the second, the employer will only be an intermediary between you and the actual owner, so it will be much more difficult to obtain consent.

According to current legislation, upon termination of the contract, tenants must voluntarily leave the premises.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The exceptions are:

• close relatives of deceased or missing employees of the Ministry of Emergency Situations, the Ministry of Internal Affairs and other law enforcement agencies;
• close relatives of employees who died while performing work duties on the employer’s premises;
• citizens who retired due to old age while working at the enterprise that provided the apartment;
• disabled people of the first and second groups who lost their ability to work due to the fault of the employer;
• the poor.

These categories cannot be evicted from departmental housing, even forcibly, although they cannot privatize it without the consent of the owner.

Price

The legislation defines the privatization of official housing as a free procedure. But for the actions of Rosreestr employees you will have to pay a state duty. Now it is 2,000 rubles per person . Veterans of the Great Patriotic War and low-income categories of the population are exempt from payment. Other costs may be associated with notary services, obtaining BTI certificates and other requests.

Read more about prices in the article “How much does it cost to privatize an apartment?”

Is it possible to privatize a service apartment?

According to statistics provided by employees of the special fund of the Russian Federation, it is clear that the privatization of official housing is carried out very rarely, but if there are compelling reasons, it is still possible to transfer it into ownership.

Only employees who have worked for a long time in the organization that provided them with a roof over their heads can apply for office apartments.

Moreover, according to current legislation, only municipal or state housing is subject to privatization. Therefore, before starting the procedure, it is necessary, with the consent of the owner of the residential property, to transfer it from “official” to “municipal”.

Nuances and pitfalls

If you go through court

If it is not possible to obtain the right to ownership of departmental housing in a simple way, then you should contact the city or district court. The claim form does not have specific standards, but it must comply with Articles 130 and 131 of the Code of Civil Procedure of the Russian Federation.

All documents collected for privatization must be attached to the application . Judicial practice shows that quite often the justice authorities are on the side of the plaintiff and allow privatization.

It is important that the plaintiff does not use the free privatization service until this moment. Also, when filing a claim, you need to pay a state fee of 200 rubles. The processing time for such cases usually takes 2-3 months.

Other difficulties

In some cases, even the court cannot help with the privatization of official housing, namely:

1. If illegal actions were identified during the privatization procedure.
2. If the administration does not have the authority to carry out this procedure regarding specific housing.
3. If the housing belongs to a category that is prohibited from privatization, for example, emergency buildings.
4. If the remaining residents of the apartment have not given their consent to such a procedure, all persons over 14 years of age are taken into account.

Despite all the difficulties that may be encountered during privatization, this procedure is very beneficial for the future owner . Therefore, if an organization agrees to transfer the rights to real estate to an employee, then it is necessary to collect all documents and submit an application to the municipality.

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.

Required Documentation

The list of papers provided to the municipality does not differ from the standard package of documents required when carrying out the privatization of municipal housing. In other words, the main list includes:

• identity cards of all privatization participants;
• office rental agreement for premises;
• cadastral and technical passports for housing;
• an application requesting a privatization procedure;
• an extract from the house register about persons registered at the address;
• certificate of absence of debts on the apartment;
• a document confirming that the citizen has not yet participated in the state program;
• etc.

It is possible to clarify the full list of documents provided depending on the specific situation (for example, if the applicant has children).

Who is eligible

The right to privatization arises for people who have worked for 10 or more years in one of the following areas:

• budgetary (doctors, teachers, deputies and others);
• law enforcement agencies (employees of the Ministry of Emergency Situations, FSB, Ministry of Internal Affairs);
• in the public service (judges, customs officers);
• agricultural or environmental (fishermen, foresters, etc.).

Narrow-profile specialists have an advantage, for whom they try to create all the conditions to increase productivity, so these people can privatize a service apartment after 5 years of work at the company that issued it.

This is how government agencies are trying to attract valuable, promising personnel to work in the regions.

Arbitrage practice

The consideration of such cases is based on how strong the plaintiff’s grounds are. The first thing the courts pay attention to is the consent of the apartment owner. Considering that no one has the right to force a government agency to agree, the property owner must voluntarily transfer the housing to the balance of the local authorities.

What contributes to a positive court decision in favor of citizens:

1. The housing is not registered in Rosreestr as official housing.
2. Applicants for an apartment are classified as low-income people (orphans, disabled people, single mothers, etc.).
3. Execution of the apartment rental agreement.
4. Lack of other living space for people.

The main difficulties are weak legislative regulation and a small number of recommendations from the Supreme Court. This is partly compensated by accumulated judicial practice. But it is also contradictory - there are many more denials of claims than their satisfaction.

Example: A disabled person of group II, who was injured due to gross violations of safety regulations by his employer, contacted the department with the aim of privatizing a service apartment. The man received housing under a special tenancy agreement and lived there with his daughter and her son. The family did not have a second home, much less the opportunity to rent one - most of the expenses were spent on medicines. However, the department made a negative decision. The disabled person was forced to go to court with a request to grant him the right to privatize a service apartment. Reasons: disability due to the fault of the employer, living in an apartment for over 17 years, timely payment of utility bills, lack of alternative housing, status as “in need.” The demands were satisfied in full - the court ordered the employer to transfer the special apartment to the balance of the municipality and allow the family to complete the privatization. The apartment became the property of a disabled person and his daughter.

What's the result? Privatization of official (departmental) housing is possible only if the status of the object in Rosreestr is changed. Permission to transfer to the municipal category is issued by a department, organization or enterprise. The further procedure coincides with the usual privatization of an apartment. Without obtaining the owner's consent, a person has the right to go to court. But only if there are good reasons!

Is it worth getting official housing? Will the organization approve the application? Will the municipality meet halfway? Will all residents agree to participate in privatization? There are a lot of questions, and you have to look for the answers yourself. Any mistake can delay privatization, and in some cases make it impossible. For example, if applicants do not apply to the department, they will not have the minimum work experience or if they already have separate housing. Refusal to transfer official housing to municipal housing occurs in approximately 90% of cases. But practice also knows successful cases. Lawyers participated almost everywhere. If you have a similar situation, take advantage of a free consultation with lawyers on our website. They will explain unclear points and help with reasons, applications, and documents. By contacting a lawyer, you will know what the chances are, what to do, where to go and what to expect.

Watch a video about the privatization of official housing in Russia:
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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Office rental agreement

Only an officially registered employee can enter specialized housing for permanent residence and only after signing a contract for the rental of office premises (warrant). This is the only document on the basis of which the employee and his family have the right to live in a company apartment.

The rental agreement must be in writing; oral agreements on the provision of housing have no legal force. All such documents are urgent, so they must indicate the period of validity (either a specific date or the period while the citizen works at the enterprise).

Upon expiration of the period, the employee and his family must move out of the occupied living space, unless otherwise stated in the conditions.

The rental agreement must contain the following information:

• about the subject of rental (address, total area and other technical characteristics of housing)
• on the rights and obligations of the parties
• on the number of residents (tenant plus all members of his family, including those born in the apartment).
• about the terms of the contract and the grounds for its termination.

Improper fulfillment of the terms of the employment contract by employees or members of his family gives the employer the right to unilaterally terminate the agreement early and demand eviction from the tenants.

Timing of the privatization procedure

At the moment, tenants who have entered into a rental agreement can apply for service housing in private ownership until the first of March next year. Despite the periodic extension of this period by the state, citizens are advised to hurry up in submitting the application and the necessary documents.

In total, privatization takes no more than 4 months if a citizen initially provides the municipality with a complete package of documentation containing correct information (2 months are required to consider the application in the organization or department that owns the housing, 2 months are required for the administration to check the papers provided for privatization and conclude with citizens of an agreement on the transfer of property).

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Procedure and procedure for privatization of official housing, apartments

Privatization of service housing should begin with its transfer from special to municipal, therefore, first of all, it is necessary to obtain the consent of the apartment owner.

If the management of the enterprise does not want to satisfy the demands of the employee (which is logical - rarely is anyone ready to just voluntarily part with real estate), the latter can try to obtain permission for privatization through the courts (the chances are small, but if there are good reasons, they still exist).

Order

If you decide to re-register a service apartment as your property, be patient and begin to act in the following order:

• Step 1. Obtain permission from the property owner;
• Step 2. Change the status of the apartment from “special” to “municipal”;
• Step 3. We prepare technical and cadastral documentation for the property;
• Step 4. We draw up a request and submit it directly to the local administration or through employees of the State Budgetary Institution “My Documents”;
• Step 5. Contact Rosreestr to re-register ownership rights and obtain a certificate.

After the service apartment is transferred to municipal housing, privatization will be carried out in accordance with the general procedure.

Procedure

The transfer of official housing into private ownership is a complex and energy-intensive process, so each stage should be approached with the utmost care and responsibility.

Statement

The application for privatization (for the administration) must indicate:

• full name of the registration authority;
• last name, first name, patronymic and his passport details;
• contact details of the applicant (address, telephone);
• characteristics of the property and its exact address;
• a request for permission to privatize an apartment that was successfully transferred from a service apartment to a municipal one;
• number of residents.

Required documents

To transfer housing into municipal ownership and then privatize it, you will need the following documents:

• application for change of housing status (to the employer);
• a local document stating that the official residential premises have been transferred to municipal ones (issued by the employer);
• one application for privatization or refusal from each apartment tenant (for the local administration);
• passports of all participants;
• extract from the house/apartment register (extended version);
• certificates stating that none of the residents had previously participated in privatization as an adult;
• an extract from the Unified State Register of Real Estate about other residential real estate owned by the applicants;
• rental agreement;
• cadastral documentation (technical plan, housing passport).

This is an approximate list of documents; in some cases, administration or Rosrestr employees may require additional certificates, for example, consent to the privatization of housing from the guardianship and trusteeship authority.

Expenses

Privatization itself is carried out by the state free of charge, that is, you will not have to pay anything for departmental housing, but the work of employees of government agencies must be paid in a strictly defined amount:

• state duty for the privatization of housing in the local administration - 2000 rubles per person;
• extract from the Unified State Register of Real Estate – 200 rubles for each;
• carrying out cadastral work from 10,000 rubles;
• issuance of a technical housing plan – 1000 rubles;
• Notary services - according to the price list of the office.

Deadlines

After the Government made privatization permanent, there was no longer any need for haste; now you can re-register an apartment at any convenient time.

But keep in mind that you can sell, donate, exchange and carry out other transactions only with your own housing, and the approximate period for privatization of service apartments is 5-6 months, provided that there are no problems with obtaining consent and everything will be done without trial.

Therefore, it is better to resolve all issues regarding changing the status of housing in advance, namely:

• the department will consider applications for 2 months;
• The translation will take another 15-30 days to be agreed upon;
• It will take a month for the application to be reviewed by the administration;
• Property rights will be registered in Rosreestr for 14 days.

Legislative norms

On July 4, 1991, a regulatory act was introduced - Law No. 1541-1, which regulates all issues of privatization.

The law highlights the specifics of the procedure:

1. There is no privatization fee;
2. a person makes a decision to carry out privatization on a voluntary basis at his own discretion;
3. Each person has the right to carry out privatization no more than once in his life.

At the same time, there are a lot of other related actions that you will need to pay for. For example, issuing an extract from the Unified State Register will cost 200 rubles, a housing technical plan will cost 1 thousand rubles, and carrying out cadastral work will cost several thousand rubles. Notary agencies independently set prices for their services.

You can exercise your right to privatization at any convenient time. Previously, there was a restriction regarding the deadline for exercising the right, but at the beginning of 2021 it was canceled.

The legislation establishes a list of real estate objects that are not allowed to be privatized:

• objects with emergency status;
• dorm rooms;
• living space located within closed military camps;
• service housing.

If the applicant for privatization was refused on other grounds, then he has the right to challenge the negative decision.

The right to privatization is available to people who have worked for at least 10 years in the following areas:

Reasons for going to court.

The main reason for going to court when privatizing service apartments is the employer’s refusal to part with his own real estate and transfer it from the special fund to the balance of the municipality.

As judicial practice shows, in most cases, judges take the side of home owners when considering such cases. Therefore, if you understand that you do not have serious grounds for retaining your rights to real estate at the end of the lease agreement for office space, you don’t even have to try to sue the employer.

Advantages and disadvantages

Now, immediately after privatization, you will have many significant advantages. But it won't be without its downsides . Let's consider all possible options.

The advantages include:

• own real estate will appear;
• there is no significant amount for receiving it;
• You have already lived in this apartment for a long time and have adjusted the whole life to suit yourself.

A plus can be considered the convenient location of the real estate , because predominantly office living space is located in the central areas of the city, has access to transport interchanges and is located close to the department to which it belongs.

The disadvantages include the length of registration - this procedure is very lengthy. Also, a significant disadvantage is the collection of a huge number of documents and a long journey through authorities.

The disadvantage is also that you cannot always get exactly the apartment in which you lived; they may offer something similar due to the fact that the property you are using already belongs to someone else.

Read about whether it is possible to privatize a cooperative apartment or a room in a communal apartment on our website.