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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.
Conditions
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Housing can be privatized only after all citizens living in an apartment or private house provide written consent to the procedure. This is necessary to protect the housing rights of every citizen.
Sometimes it is beneficial for housing to continue to remain on the balance sheet of the municipality, which exempts citizens from paying for major repairs of the building.
When expressing his consent to privatization, a citizen must either be a participant in the procedure or not interfere with the transfer of the apartment into private ownership. The person who refuses retains the right to live in the living space for life.
Consent to privatize an apartment is necessary before contacting the administration with an application. If for some reason a citizen does not live in the apartment, but has the right to use the housing, then he must provide permission in a separate document and certified by a notary’s seal.
Permission for the commercial privatization of certain types of property provided for by the Federal Law on the privatization of commercial real estate should be distinguished from consent. To transfer it into private ownership, the consent of a public legal entity is required. Property is transferred only through public auction.
Residential premises are privatized free of charge. All that is needed is a unanimous decision of all property owners. Acquiring ownership rights places an additional burden on residents to maintain it.
Consent to the deal means that the residents are ready to independently bear responsibility for the condition of the premises and pay the necessary expenses to maintain the apartment building in proper condition.
The main condition for granting consent is the legally formalized and confirmed right of citizens to live in residential premises. They must be permanently registered in an apartment, private house or dorm room.
Citizens who have reserved departmental housing or received it under a warrant have the right to living space. Temporary residents do not have the right to participate in privatization and, therefore, do not consent to its implementation.
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.
The legislative framework
The main regulatory act regulating the privatization procedure and establishing the requirement to provide consent to the transaction from all its participants is the Law of the Russian Federation of July 4, 1991 “On the privatization of housing stock” No. 1541-1.
Issues of judicial practice of privatization are resolved in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated August 24, 1993.
Registration procedure
Privatization involves several essential stages:
- obtaining consent from all participants, collecting the necessary documents;
- filing an application with the local administration;
- transaction execution;
- registration of ownership of real estate in Rosreestr.
State authorities cannot refuse privatization if all documents have been collected from citizens. Residents have the right to demand the transfer of an apartment into private ownership when they have completed the application properly and attached the necessary documentation to it.
Documentation
To formalize privatization, you must provide consent in simple written form. The law does not provide for the obligation to draw up a consent form from a notary, but in practice it may be required when a person who has the right to live in an apartment is absent from his place of residence.
Notarized consent can be sent by mail.
In addition to consent, in 2021 to register privatization you must provide:
- Title documents for the apartment - social tenancy agreement, warrant.
- Passports of all persons participating in privatization.
- Information about the place of residence of citizens before 1991, if they moved into the apartment after the adoption of Law No. 1541-1.
- Extract from the house register.
- A document on non-participation in privatization is drawn up in the BTI.
- A copy of the personal account.
- Certificate of absence of debt on payment for utilities.
- Birth certificates of children.
- Marriage certificates of spouses.
The application is submitted and signed personally by all citizens. They also sign the application. The period for reviewing the document and making a decision on it should not be more than two months.
A sample application for privatization of an apartment is here,
A sample certificate of non-participation in privatization is here.
Price
The concept of “free privatization” exclusively means the absence of payment for square meters (read about paid privatization), but for each document you must pay a certain amount.
The cost of an application for privatization of residential premises is set by specific organizations in each region, so the specific amount must be clarified with the local administration .
You will find a sample written refusal to participate in privatization on our website.
Consent to privatization
Permission for privatization is required from all participants. If someone did not agree to participate in the transaction and at the same time does not approve of it, then it will be difficult to privatize an apartment or other housing assistance.
Apartments
Privatization of an apartment requires the consent of all citizens, including those temporarily absent from the living space.
The exception is minor children under 14 years of age, on whose behalf parents or other legal representatives act. The responsibility to agree among themselves to initiate the transaction procedure rests with the residents themselves.
All residents
All residents must give permission for privatization, regardless of their status, age, or property status.
Consent on behalf of adult incapacitated residents is given by their guardians, with prior notification of the guardianship authority and obtaining permission from them for the transaction.
Find out whether it is possible to privatize the basement in an apartment building. Do I need to pay a state duty to privatize a land plot? See here.
Minors
Minors 14 years of age and older give consent independently. They participate in the transaction on an equal basis with adults and sign the privatization application, contract and other documents themselves. However, permission from their legal representatives is also required.
Documents for minor children under 14 years of age are signed by their parents with the permission of the guardianship authority.
A minor citizen who was discharged from the apartment no later than 6 months before the start of the transaction procedure and does not have a permanent place of residence at the time of filing the application is also entitled to participate in privatization.
A minor citizen who took part in such a transaction before the age of 18 has the right to participate in privatization again after reaching 18 years of age.
Sample
There is no single sample of consent of citizens living in an apartment for privatization. The permission can even be written by hand.
From the contents of the document it should be clear that a citizen who is permanently registered in the apartment approves the transaction and agrees to participate in it, or agrees to the transaction, but refuses to participate in it, and retains the right to permanently live in the apartment indefinitely.
A sample consent for the privatization of an apartment is here.
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”.
Can it be issued without consent?
Without the consent of any of the registered residents of the apartment, it will not be possible to formalize privatization, since illegal coercion into a contract is prohibited by civil law.
The initiators of the transaction have the only way to complete their plans to the end - this is to try to forcefully discharge the person who refuses or does not declare himself in any way.
Privatization of an apartment with a debt is allowed. Is re-privatization possible after deprivatization? Information here.
How to challenge privatization? Details in this article.
Receipt through court
You can get the court to recognize a citizen as having lost the right to use residential premises and remove him from the registration register. This can be done if the plaintiffs can prove in court that the citizen does not actually use the premises, is registered fictitiously, or has never appeared in the apartment at all.
The fact that the defendant damages the living space, does not pay his share of utilities, and was registered in the apartment on illegal grounds speaks in favor of the plaintiffs.
A citizen who is recognized as having lost the right to live in an apartment is forcibly evicted to a state (municipal) hostel or even discharged to “nowhere” if it is found out that he was registered in the living space illegally.
It is advisable to entrust all claims and legal disputes to a qualified lawyer.
Concept
The living space allocated by the employer for the temporary accommodation of employees and their families is called “office space”. The Housing Code of the Russian Federation (Article 104) establishes that departmental housing is provided in the form of a separate apartment or house.
The premises are transferred for use under a lease agreement. Legislation limits the rights of residents to dispose of departmental space. The employee cannot exchange the apartment or rent it out.
The tenant pays utilities in the same amount as the owners of privatized premises.
Departmental living space is included in the specialized fund of an enterprise or municipality. Information about the appropriate condition of objects is reflected in the state real estate register.
