Office housing, privatization of service housing -a topic that affects those who received the coveted meters, working at the enterprise or holding a bureaucratic position. Is it possible to obtain the right of ownership, in what way, and is the time limit for making a decision on this account limited?
Office housing, privatization of official housing - phrases that often appear in conversations, in the media. What is it?
В законе говорится об объектах, которые are transferred to the employee or civil servant in connection with his activities in the organization or at the enterprise. This applies to servicemen, and to persons who received a post by election.
If you look for The law on the privatization of official housing, then this does not exist. The country has a general law on the privatization of housing and a list of regulations.
В разделе, посвященном статусу военных, в ст.15, provides a list of persons who have the right to service housing, and in addition, the Ministry of Defense approved additional regulations in this regard. True, they in the sense of reproducing the acts against civilians and contain particulars relating to the status of the military.
The provisions of the legislation on this type of housing are extended to state and municipal bodies and organizations that have the opportunity to allocate a living space.
Private companies from the sphere of operationlegislative acts in this part are excluded. If the housing was formerly on the balance of the state organization, which was later transferred to private ownership, the tenants retain their right to privatization on general grounds. But housing in this case should not initially have an official status.
It is under such a scheme that the privatization of office accommodation by state employees is largely ensured.
To obtain the right of accommodation in official housing,first of all, a decision is made by the state or municipal authority on transferring it to the employee of the organization or enterprise for use. The act of the authority is a key document, without it further steps do not make sense. His absence in the process of registration will lead to the fact that the introduction of an apartment or a house is considered illegal.
Prior to this, the following are submitted:
With the tenant is the contract of hiring of official housing. Only after this, the tenant is considered to have acquired a legal right to service housing. Privatization of service housing - next step.
Duration of hiring is determined by the time spent in the service or work activity. There are cases when housing remains with the previous owner:
For them, privatization of service housing is also possible.
It is known that documents for objects were often not drawn up, or mistakes were made in the process of their registration. In addition, houses were repeatedly transferred from one organization to another, there was confusion.
Therefore, it is necessary, first of all, to deal withthe status of housing - whether it really is official. It may be that in practice it does not apply to such. According to the established jurisprudence, the main proof of this status is the inclusion in the register of rights to real estate records of the official status of the living space.
The marking after housing is provided is impossible. This is also connected with the need to terminate the contract of social hiring, which without the consent of the tenant without legal grounds is difficult to do.
The law on the transfer of property to citizens of housing excludes from the list of objects that are transferred to citizens in a general manner, office accommodation. Privatization of service housing, it would seem, is impossible.
Why is this happening?Formally, such objects do not belong to the state. He does not own the property of enterprises and authorities, and it does not answer for their debts, unless otherwise provided by law. The prohibition on obtaining the right of private property is not absolute at the same time.
Article 4, part 2 of the Law, the enterprises responsible for the objects have the right, with the consent of the supervisory authority, to transfer the tenant to the house or apartment. How feasible is this provision?
Organizations are trying to attract specialists towork in those areas where they are sorely lacking, offering, in particular, the provision of housing. Through some time period of this work activity, privatization of official housing is permitted.
What should happen in this case:
The package of documents is standard:
Бумаги сдаются через МФЦ.Privatization for today is unlimited, therefore, having received a refusal, the citizen has the right to re-apply the documents, eliminating the shortcomings. Privatization of office accommodation by state employees is no exception.
Sometimes primary documents on the allocation of housing are not available. Because of this, people are forced to go to court for recognition of the right to use housing on the basis of social or official hiring.
Appeal to the court in order to obtain consent toThe transfer of ownership of office housing in a tenant is unlikely to be successful. It makes sense to appeal the refusal, if only the apartment was illegally brought into the category of official housing. Privatization is not available to those who previously used this right.
It is interesting that earlier it was introduced and more than oncea bill on the privatization of official housing. Attempts were unsuccessful. Yet the state does not want to completely withdraw the fund from its subordination. Whether the issue will be raised again depends on the deputies and the point of view of the state. The latter changes from time to time, but there is definitely nothing to be said.
