Find out on our website how to find out whether an apartment has been privatized or not, where to start the privatization process, whether it is necessary to privatize living space for all registered ones, and also whether it is possible to privatize an apartment with debts on utility bills.
Legal requirements
The privatization of apartments by military personnel is regulated by the main Law “On Privatization...” No. 1541-1 of 07/04/91.
and Government Decree No. 512 of June 29, 2011. According to these legislative acts, military personnel who have served for 20 years receive the right to privatize departmental housing.
This right also applies to military personnel transferred to the reserve :
- according to the age;
- for health;
- by reduction;
- have served in the Armed Forces for over 10 years.
These categories can register ownership of an apartment, room, house from the municipal housing stock. Privatization of military housing can be carried out for any family member , subject to the renunciation of the share of other persons registered in the apartment.
According to legislative norms, military privatization provides for the possibility of family members of military personnel receiving no more than 20 square meters of living space for free. All surpluses must be purchased from the state according to the rules of paid privatization.
You can learn about how to privatize a cooperative apartment, who has the right to re-privatization, as well as in what cases a refusal may be received 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.
Obstacles to the procedure
In the process of registering housing ownership, military personnel may encounter a number of problems related to the status of housing . These include:
- The building in which the apartment is located does not have an official owner or management company . This is due to the fact that departmental housing of the Ministry of Defense is not always transferred to municipal ownership in a timely manner with documented documents.
The apartment belongs to the Ministry of Defense , and its transfer to the ownership of the municipality is not expected.
However, housing in this status is not subject to privatization.- Apartments in houses for military personnel do not have floor plans, technical and cadastral passports .
Such problems can delay the privatization process indefinitely or even make it impossible. The problem should be solved in each specific case in a certain way.
Read on our website about how to privatize an apartment if the order is lost, how to restore the agreement on the transfer of living space into ownership, as well as how to carry out the process of deprivatization of the apartment.
Military privatization of an apartment: where to start?
The concept of service housing
Official housing is considered to be residential premises that are provided to an employee for the duration of his work duties. Such housing belongs to a specific organization or institution, but not to the municipality.
The law states that residential premises with official status are not subject to privatization. They can be privatized only if the housing is transferred to the ownership of the municipality and, accordingly, placed on the balance sheet of local government bodies.
Having a problem? Contact us!
We clarify the status of the apartment
The privatization period has been extended, but there is not much time left and we need to have time to solve housing problems. People living in service housing find themselves in a particularly difficult situation, as heated debates arise around the privatization of such apartments. Read about the advantages of apartment privatization here.
Privatization of a departmental apartment is possible; the law does not prohibit it. However, the decision on the possibility of privatization of such premises is made by the owner. In a few words, the company that provided you with a service apartment may allow you to register it as your own. But practice shows that owners are reluctant to part with such apartments, so there is little chance here.
Before you get upset, check the status of the housing provided to you. The fact is that the status of the residential premises must be registered with the Rosreestr authorities, otherwise the “service status” of the apartment can be easily challenged.
Where to begin? You definitely need to find out a number of important points.
- Who exactly made the decision to assign official status to housing ? Only authorized bodies that manage the housing stock have this right.
- When exactly was the apartment given official status ? This should have happened before it was provided to you.
- It is advisable to study all the documentation related to moving into the apartment . On what basis were you moved there? If necessary, send requests to the employer, the archive and the local administration.
If there are violations in at least one of the voiced nuances, it is considered that you are occupying an apartment under a social tenancy agreement. And this already gives you the right to privatize housing. Documents and certificates for privatization of an apartment are here. This information is worth paying close attention to.
First steps
The family of a serviceman who has decided to register ownership of housing should first of all determine the status of the apartment it occupies in the management of the relevant body of the Ministry of Defense.
The process cannot be carried out if the housing is located in a closed military camp. This type of residential premises is of particular strategic defense importance and cannot be transferred to private ownership.
In addition, according to general rules, the privatization of apartments in buildings that have the status of emergency and subject to demolition .
If the apartment does not have such status, the process should begin by contacting the privatization department of a certain municipality to determine the package of documents. In this case, the applicant must be the military man himself or his authorized representative (read about privatization through a realtor).
Sample application for privatization of an apartment for military personnel.
You can find out whether it is possible to privatize a share in an apartment from our article.
What difficulties arise when privatizing housing for military personnel?
Military personnel (officers and contract soldiers of the Ministry of Defense of the Russian Federation) are the largest category of citizens who have difficulties with the privatization of apartments.
Having contacted the state body that formalizes the transfer of ownership of the apartment to the tenant with an application for privatization, the citizen suddenly finds out that it is not possible to draw up an agreement with him on the transfer of ownership of the apartment, since only the form of a social tenancy agreement concluded with government bodies involved in the privatization of housing is accepted. . And this is only the first problem that becomes known.
The vast majority of departmental apartments, including those received from the Ministry of Defense, are not included in the Unified State Register of Rights to Real Estate and Transactions with It. The thing is that the process of transferring such housing by the Ministry of Defense of the Russian Federation (or any other organization) to the city of St. Petersburg or the Leningrad Region (inclusion in the register) represented by the Department of Housing Policy and Housing Fund of the city of St. Petersburg is very complex and confusing. This is partly due to the imperfections of Russian legislation. As a result, the apartments provided to citizens in the Unified State Register are not listed as the property of St. Petersburg or the Leningrad Region, and, accordingly, cannot be transferred to the ownership of tenants upon their applications. Thus, a person is denied privatization of an apartment. The only option in such cases is to go to court with a claim for recognition of ownership rights through free privatization.
We have been providing assistance in privatization for military personnel through the courts for a long time (more than 3 years) and very successfully: our lawyers have won 98% of cases, which is more than 2000 positive court decisions!
Order of conduct
Privatization of housing by military personnel is carried out on a shared basis; all family members registered in the living space participate in the process. The application must contain the signatures of all registered persons , including children over 14 years of age.
A share must also be allocated for minor citizens under 14 years of age ; parents express consent on their behalf.
The following documents are attached to the application:
- originals and copies of identification documents;
- consent or refusal of privatization of all registered;
- certificate of registration;
- technical and cadastral passports, floor plan;
- rental agreement;
- copy of personal account;
- extract from the Unified State Register;
- an extract from the military service record or an extract from the order of his dismissal;
- a copy of the Marriage Certificate;
- certificates of non-participation in the process earlier for all parties to the agreement;
- receipt for state duty (1000 rubles).
If housing was provided to a military family after 09/01/1991, for its privatization you will need additional certificates of registration in the previous place of residence for all family members.
This moment is the most difficult in the process of preparing documents, since during their service military personnel change more than one address , and a certificate must be provided from each one.
Due to the fact that some military units have been disbanded during this time and certificates can only be obtained by contacting the relevant territorial archives , the task becomes the most difficult in terms of time expenditure.
The unfinished privatization process may be suspended due to the death of the applicant or his transfer to a new place of service and residence.
Find out how to privatize an apartment through the MFC from our article.
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.
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:
- 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. - 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 .
What is the complexity of the procedure?
A person using service residential premises from a specialized housing stock must remember some of his responsibilities:
- Use it for its intended purpose;
- Treat it with care;
- Pay due payments on time;
- Carry out routine repairs at your own expense;
- Without obtaining special permits, do not carry out redevelopment.
- Compensate for all losses caused, etc.
The difficulty of transferring office premises to the municipal housing stock is that this procedure has not found legislative reflection in the Russian legal space. Simply put, there is no legal act regulating this issue.
Practice shows that military personnel must submit an application to the administration of the enterprise, i.e. to the command of a military unit (or other military organization), and only after receiving the consent of the command, such a transfer of housing is carried out.
At the same time, it is difficult to count on a positive outcome in resolving this issue after studying the content of the Resolution of the Constitutional Court of the Russian Federation No. 13-P of October 24, 2000.
It says that since there are no legislatively defined criteria for banning the dispossession of housing, local law enforcement officers often abuse their powers and deprive citizens of their rights to housing.
Thus, it is clear that the service housing of military personnel, previously in state ownership and assigned to a state enterprise or institution with the right of operational management or economic management and transferred in the future to the ownership of municipalities, can be legally registered by these military personnel as property through privatization.
Having received answers to the question of how to dispose of living space, the military man can seek to exercise his legal right to living space.
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Special cases
Is it possible to privatize an apartment from the Ministry of Defense for my wife? Military personnel in Russia enjoy support and social protection, which also extends to their family members. In the event of the death of a military man, close relatives have the opportunity to use his benefits .
This measure concerns, among other things, the provision and privatization of housing. The wife of a serviceman, in the event of the death of her husband while on duty, enjoys his benefits in full.
The exception is the housing benefit.
A military spouse can use this right only before entering into a new marriage .
If a military spouse lived with him in living space provided by the Ministry of Defense, then in the event of the loss of her husband, she can privatize the housing in her own name .
The widow writes an application to the appropriate unit of the RF Ministry of Defense and formalizes privatization in the usual manner.
If a social rental agreement for an apartment has not been concluded , after his death it is concluded with his wife.
When registering an apartment as shared ownership, when submitting an application for privatization and obtaining Certificates, all owners must be present .
Privatization of departmental housing
Privatization of departmental apartments is often associated with a number of difficulties, without resolving which you will not receive the long-awaited certificate of registration of ownership.
Departmental housing is apartments received by citizens under a social rental agreement, according to a queue from various organizations and departments in which, as a rule, they worked for many years.
A feature of the privatization of departmental apartments is the fact that social rental agreements were concluded with representatives of organizations, and in a form approved by these organizations.
