The housing stock, according to the Code of Russian Legislation, is the totality of all premises intended for housing located on the territory of the Russian Federation, regardless of the type of property and the purpose of its use, including apartments, houses, office and specialized housing, as well as other buildings that are suitable according to sanitary standards for housing.

Types of specialized housing include not only hotels, dormitories, boarding schools and shelters, but also housing for temporary occupancy, homes for elderly citizens, veterans, disabled people, refugees, displaced persons and flexible housing. The housing stock of the Russian Federation is classified according to its intended purpose, according to the rules of use, according to suitability for living and according to the order of formation.

Housing stock: classification by type of ownership

Division of housing stock in accordance with the main forms of ownership, according to Article 19, Part 2 of the Housing Code of the Russian Federation, implies:

1. Private housing stock. These are residential premises that are owned by citizens of the Russian Federation or legal entities:

a) the property fund of citizens of the Russian Federation includes individual residential buildings, purchased or built houses or apartments, privatized and cooperative housing, as well as housing fully paid for in shared construction, partnership houses and other housing purchased by citizens in accordance with the norms of Russian legislation;

b) the housing property fund of legal entities includes residential buildings built or purchased by housing construction companies, where share payments for housing have not yet been paid, as well as housing purchased or built at the expense of legal entities.

2. State housing stock. All rights to this residential property belong to the Russian Federation (the Housing Fund of the Russian Federation) or are owned by the constituent entities of the Russian Federation:

a) housing that is under the operational management of an institution, enterprise or under economic management, as in the fund of the constituent entities of the Russian Federation;

b) housing that is in the state federal property of the Russian Federation, which may also include economic ownership, management of a state institution or enterprise.

3. Municipal housing stock. This is a collection of residential premises, the ownership rights to which are held by municipal authorities. Municipal housing stock can be of urban or rural type. This also includes the housing stock of municipal institutions, enterprises and economic management.

Housing stock: classification by purpose

1. Social purpose. This type of housing stock includes residential premises for state and municipal purposes, occupied by residents under social tenancy agreements.

2. Special purpose. A set of residential premises that are intended for a separate category of citizens of the Russian Federation. Rules for living in specialized housing for state and municipal purposes are provided in accordance with the rules of the Housing Code of the Russian Federation (section 4).

3. Commercial use. Residential premises provided to citizens of the Russian Federation on the terms of contractual (paid) use or under other contractual conditions for temporary use.

4. Individual appointment. This category of housing stock includes residential premises, the owners of which can be citizens and members of their families on the basis of free accommodation, as well as legal entities on the same conditions.

Housing stock: how is housing use controlled?

According to Article 20 of the Housing Code of the Russian Federation, the safety of the housing stock, regardless of the form of ownership and control over its legal use, as well as compliance with living standards and the provision of utilities, is the responsibility of federal executive authorities. Control is carried out in accordance with the regulatory legal acts of the federal law of the Russian Federation.

The entire housing stock of the Russian Federation is subject to state registration in accordance with Article 19, Part 4 of the LC, in the strict order established by the Government of the Russian Federation. The main purpose of such housing accounting is to obtain accurate information about:

Its location;

Qualitative and quantitative composition;

Technical condition;

The cost of the object;

Level of improvement;

Any changes to this data.

State accounting of the housing stock includes technical inventory and certification of residential premises, including the preparation of technical passports for housing indicating established standards and requirements for accommodation. Residential buildings and operational residential premises are registered in the Technical Inventory Bureau.

Technical accounting of the housing stock includes: official statistical accounting, operational accounting and current accounting. Carrying out technical accounting and inventory of residential premises from the housing stock of the Russian Federation is assigned to municipal and state authorities (services, centers, unitary enterprises, BTI and other specialized departments).

When purchasing a house or apartment, when receiving housing from the housing stock for temporary or permanent use, A technical passport is issued for any type of residential premises, according to Article 19, Part 5 of the RF Housing Code. The technical passport for residential premises includes four sections:

Information about property owners;

Dimensions of the area of ​​the house or apartment;

Technical description of residential premises;

If a residential premises has not been registered in the housing stock of the Russian Federation and is not registered at the state level, then the norms and rules in accordance with housing legislation cannot be applied to such housing (moving in, eviction, rent, purchase, sale, etc.).

housing stock municipal property

In this chapter I will classify those types of housing funds that are provided for by current legislation.

If we analyze the provisions of the new Housing Code of the Russian Federation, we can see that housing legislation is based on two criteria for determining the type of housing stock:

1. depending on who owns the right of ownership of the residential premises;

2. depending on the type of intended use of the residential premises.

According to the first criterion, residential premises are divided into:

Private housing stock - a set of residential premises owned by citizens and owned by legal entities;

State housing stock - a set of residential premises owned by the Russian Federation (housing stock of the Russian Federation), and residential premises owned by constituent entities of the Russian Federation (housing stock of the constituent entities of the Russian Federation);

Municipal housing stock is a set of residential premises owned by municipalities.

Private housing stock-- this is a set of residential buildings (residential premises) owned by citizens, as well as owned by legal entities created as owners.

The housing stock owned by citizens includes: individual residential buildings; privatized, built and purchased apartments and houses; apartments in houses of housing and housing-construction cooperatives with a fully paid share contribution; in association houses of individual apartment owners; apartments and houses acquired by citizens.

A citizen - the owner of a residential premises has the right, in the manner established by law, to own, use and dispose of it, including renting, renting, mortgaging, in whole and in parts, to sell, modify, rebuild or demolish, and to do other actions, if this does not violate existing norms, housing and other rights and freedoms of other citizens, as well as public interests.

The law also establishes restrictions on the forced seizure of real estate in the housing sector. The forced deprivation of the owner of his residential premises (as well as other property) cannot be carried out except by a court decision, and the forced alienation of such property for state needs can only be carried out subject to preliminary and equivalent compensation Part 3 of Art. 35 Constitution of the Russian Federation (adopted by popular vote on December 12, 19993)..

The private housing stock also includes housing stock owned by legal entities created as private owners, built or acquired at their expense, including apartments in housing and housing-construction cooperatives with an incompletely paid share contribution.

Currently, according to the law, the owners of residential buildings (residential premises) can be commercial and non-profit organizations (except for state and municipal enterprises, as well as institutions financed by the owner), public and religious organizations (associations), charitable and other foundations Part 4 of Art. 213 Civil Code of the Russian Federation. Part one of November 30, 1994, No. 51-FZ (as amended on June 29, 2009).. These include business societies, partnerships, collective enterprises, etc., which acquire residential premises and other property into their ownership.

Legal entities have the right to acquire residential buildings and other residential premises on all grounds provided for by civil law (under contracts of sale, exchange, donation, etc.); Quite often, the right of ownership of residential premises among private legal entities arises through their share participation in housing construction or other forms of investing their funds in this construction or purchasing housing. Finally, legal entities can build housing on their own, having properly formalized their rights to the corresponding land plot (ownership rights, long-term lease rights or inheritance rights).

A peculiarity of the right of ownership of private legal entities to residential premises is that if a citizen - the owner of a residential premises can use it for personal residence of members of his family or rent out residential premises for the residence of other persons on the basis of an agreement, then private legal entities can own housing only for renting it out for use to citizens on the basis of a lease agreement.

Most often, legal entities acquire ownership of residential premises to provide them to their employees who need improved housing conditions (housing).

State housing stock- is a collection of residential buildings and other residential premises owned by the state.

State property is divided into federal property, i.e. property of the Russian Federation, and property of individual constituent entities of the Russian Federation.

The state housing stock consists of two parts:

1) departmental housing stock, which is state property of the Russian Federation and is under the full economic control of state enterprises or the operational management of state institutions belonging to federal state property.

Thus, the departmental housing stock is a collection of many funds owned by individual state enterprises with the right of economic management or institutions with the right of operational management.

The right of economic management means that a state enterprise owns, uses and disposes of the property transferred to it, including residential buildings (residential premises), within the limits determined by the Civil Code of the Russian Federation. An enterprise disposes of its property (except for real estate) independently, except for cases established by laws or other legal acts (Articles 294-295 of the Civil Code of the Russian Federation).

The right of operational management means the right of a state institution (as well as a state-owned enterprise) to exercise, in relation to the property assigned to it, within the limits established by law, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property, the rights of ownership, use and disposal of it (Article 296- 299 of the Civil Code of the Russian Federation).

The departmental fund, which is federally owned in Russia, is very significant: in many cities where federal industrial enterprises are located, the departmental fund accounts for more than half of the state housing stock. In general, the departmental housing stock accounts for approximately 60% of the country's total housing stock. It is constantly replenished with residential buildings, which are built by state enterprises, institutions, organizations at the expense of centralized capital investments, as well as non-centralized funds of these enterprises and organizations.

Houses of departmental housing stock are designed for a specific purpose - to meet the housing needs of employees of enterprises, institutions, ministries, and departments. The satisfaction of an enterprise (institution, department) of its employees with living quarters is important in creating appropriate living conditions for workers and employees, retaining qualified specialists and combating staff turnover.

In the houses of the departmental housing stock, living quarters are also used by citizens who left work at a given enterprise, institution, or organization due to retirement. In addition, employees of medical, cultural, educational and other institutions that directly serve the workforce of a given enterprise can be provided with living space from the departmental housing stock.

Some other categories of citizens who received living quarters in accordance with the established procedure (disabled people of the Great Patriotic War, families of victims, etc.) also live in the houses of the departmental housing stock.

A peculiarity of the use of departmental residential premises is that their tenants, by law, enjoy less housing rights than the tenant of residential premises in houses owned by the district (city) administration: in many cases, exercising their housing and civil rights (for example, during the privatization of apartments) , tenants of departmental residential premises must obtain the consent of the owner (balance holder) of the housing. The exchange of residential premises in the buildings of enterprises, institutions, and organizations is also permitted with the consent of their owners.

2) a fund owned by the republics of the Russian Federation, territories, regions, autonomous regions, the cities of Moscow and St. Petersburg, as well as a departmental fund that is under the full economic control of state enterprises or the operational management of state institutions related to the corresponding type of property .

The housing stock of the constituent entities of the Russian Federation has the main task of providing residential premises for the population living on the territory of the republics, territories, regions, autonomous districts, the cities of Moscow and St. Petersburg, as well as employees of those state enterprises and institutions that are managed and subordinated to the bodies of the constituent entities of the Russian Federation Federation. The latter applies equally to the departmental housing stock, which is under the economic control of state enterprises or the operational management of state institutions of regional (i.e., at the level of constituent entities of the Federation) subordination. The housing stock owned by the constituent entities of the Russian Federation is managed by the relevant local government executive bodies of the constituent entities of the Federation.

Enterprises are allowed to use funds from the fund for social and cultural events and housing construction for equity participation in the joint construction of residential buildings and cultural and community institutions.

Municipal housing stock. Municipal housing stock is a fund owned by a district, city, administrative-territorial entities included in them, including the cities of Moscow and St. Petersburg, as well as a departmental fund that is under the full economic control of municipal enterprises or the operational management of municipal institutions.

The main source of the formation of the municipal housing stock was the transfer of ownership to municipalities - urban, rural settlements and other populated areas of residential buildings (residential premises), which were previously under the jurisdiction of local Councils, i.e., were objects of state property rights.

The municipal housing stock as part of municipal property, although due to the public nature of its structure has a certain similarity with the state housing stock, however, represents an independent type (form) of property, an independent type of the country's housing stock. The constitutional foundations of municipal property are given in Chapter 8 of the Constitution of the Russian Federation (“Local self-government”). According to Art. 130 of the Constitution of the Russian Federation, local self-government in the Russian Federation ensures that the population independently resolves issues of local purpose, ownership, use and disposal of municipal property.

Article 132 of the Constitution of the Russian Federation determines that local government bodies independently manage municipal property.

On behalf of the municipality, the rights of the owner are exercised by local government bodies and persons specified in the law (Articles 125, 215 of the Civil Code of the Russian Federation).

Municipally owned residential premises are assigned to municipal enterprises and institutions (schools, hospitals, clubs, etc.).

The constitutional provision that local self-government bodies independently manage municipal property, including municipal housing stock, means that these bodies dispose of the residential buildings included in this property in accordance with the will and interests of the population of the region, city, town. The jurisdiction of local self-government bodies includes, in particular, such issues related to housing and communal services as: energy, water, heat supply of settlements, their planning and development, landscaping, utilities, etc. At the same time, the Constitution of the Russian Federation establishes that local government bodies may be vested by law with certain state powers with the transfer of material and financial resources for their implementation. The implementation of delegated powers is controlled by the state. Part 2 of Art. 132 Constitution of the Russian Federation (adopted by popular vote on December 12, 19993)..

Any decision of a local government body that does not contradict the law and is within its limits does not require either prior consent or subsequent approval by a state body and cannot be canceled administratively or judicially.

Municipal housing stock is one of the main objects of municipal property rights, designed to meet the housing needs of the population of a given territory. Objects of the municipal housing stock, like state ones, are subject to object-by-object registration in the register of municipal property, which is maintained by municipal property management bodies. Municipal housing stock is subject to privatization in accordance with the legislative acts of the Russian Federation on the privatization of housing stock. Civil law. Part 1. Textbook / Ed. Yu. K. Tolstoy, A. P. Sergeev. - M.: TEIS Publishing House, 2008. P. 292 - 300..

Depending on the purpose of use, the housing stock is divided into:

Housing stock for social use - a set of residential premises of state and municipal housing stock provided to citizens under social tenancy agreements;

Specialized housing stock - a set of premises of state and municipal housing funds intended for residence of certain categories of citizens and provided according to the rules of Section IV of the Housing Code of the Russian Federation;

Individual housing stock - a set of residential premises of a private housing stock that are used by citizens - owners of such premises for their residence, residence of members of their family and (or) residence of other citizens on the basis of free use, as well as legal entities - owners of such premises for the residence of citizens on specified terms of use;

Housing stock for commercial use - a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use.

The housing stock is subject to state registration in the manner established by the federal executive body authorized by the Government of the Russian Federation. State accounting of the housing stock, along with other forms of its accounting, must provide for technical accounting of the housing stock, including its technical inventory and technical certification Art. 19 Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended on July 23, 2008, as amended on June 3, 2009)..

According to Art. 19 of the Housing Code of the Russian Federation, the housing stock is the totality of all residential premises located on the territory of the Russian Federation. There is a classification of housing stock on various grounds.

Depending on the form of ownership:

Private housing stock:

1. individual residential buildings, privatized, built and purchased apartments and houses,

2. apartments in houses of housing and housing-construction cooperatives with a fully paid share contribution, in houses of homeowners’ associations,

3. apartments and houses acquired by citizens on other grounds provided for by law;

4. a fund owned by legal entities (created as private owners), built or acquired at the expense of their funds, including at the expense of housing, housing-construction cooperatives with an incompletely paid share contribution.

- state housing stock- this is a set of residential premises owned by the Russian Federation (housing stock of the Russian Federation), and residential premises owned by constituent entities of the Russian Federation (housing stock of the constituent entities of the Russian Federation);

- municipal housing stock- this is a collection of residential premises owned by municipalities.

Depending on the purpose of use:

A) housing stock for social use - the totality of residential premises of state and municipal housing stock provided to citizens under social rental agreements;

B) specialized housing stock - a set of residential premises of state and municipal housing funds intended for residence of certain categories of citizens (office premises, dormitories, etc.);

C) individual housing stock - a set of residential premises of a private housing stock that are used by citizens - the owners of such premises for their residence, the residence of their family members, as well as legal entities - owners of such premises for the residence of citizens;

D) housing stock for commercial use - a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use.

Housing stock is subject to state registration. State accounting of the housing stock must provide for technical accounting of the housing stock, including its technical inventory and technical certification with the issuance of technical passports of residential premises. The accounting procedure is established by the Government of the Russian Federation, authorized federal executive bodies, state authorities of the constituent entities of the Russian Federation, in accordance with the law, control over the use and safety of the housing stock, regardless of its form of ownership, as well as the compliance of residential premises and utilities with established requirements.

Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements)

Article 17 (LC RF) regulates the purpose of residential premises and the limits of its use, use of residential premises

Residential premises are intended for the residence of citizens. It is permitted to use residential premises for professional activities or individual entrepreneurial activities by citizens legally residing there, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.

The placement of industrial production in residential premises is not allowed.

The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the federal government authorized by the Government of the Russian Federation executive authority.

In accordance with Art. 288 of the Civil Code of the Russian Federation, residential premises are intended for the residence of citizens; a citizen - the owner of a residential premises can use it for personal residence and residence of his family members. Residential premises may be rented out by their owners for the residence of other persons on the basis of an agreement. At the same time, placing industrial production in residential buildings is not allowed. Based on the intended purpose of housing established by law, the placement of commercial enterprises, offices of legal entities, and production facilities in residential premises is unacceptable in practice.

In Art. 293 of the Civil Code of the Russian Federation provides for the liability of owners of residential premises up to deprivation of ownership for:

· use of residential premises for other purposes (i.e. not for living, but as a warehouse, office, etc.);

· systematic violation of the rights and interests of neighbors (apparently, this means repeated violations that make it impossible for such a citizen to live in the same house);

· mismanagement of housing, which results in its destruction (inaction (lack of necessary care, failure to carry out repairs, etc.)), or for taking active actions leading (could lead) to the destruction of residential premises.

These grounds for the forced termination of ownership of residential premises are a logical continuation of a number of other rules of law. In these cases, seizure of residential premises is a sanction for failure to fulfill obligations. Thus, residential premises must be used for living (see Article 288 of the Civil Code). The owner of the residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building (Part 4 of Article 30 of the Housing Code) . Before depriving the right of ownership, the local government body warns the owner of the need to eliminate the violations, and if they lead to the destruction of the premises, it also assigns the owner a proportionate period for repairing the premises. And only if, despite the warning, the owner continues to mismanage the residential premises, use it for other purposes, and violate the rights of neighbors, the court, at the request of the local government body, can decide to sell such residential premises at public auction. In this case, the owner is paid the proceeds from the sale minus the costs of executing the court decision.

This textbook is intended for undergraduate students studying at law faculties where the subject “Housing Law” is studied. The textbook was prepared in accordance with the state educational standard of higher education based on the housing legislation of the Russian Federation. It examines: the concept of housing law, housing legislation, housing legal relations, responsibility in housing law, management of the housing stock, the legal basis for providing citizens with residential premises, requirements for residential premises, etc. For bachelor students, legal practitioners, teachers and everyone interested in housing law.

Concept and types of housing stock. State accounting of housing stock

Key terms and concepts: housing stock; private housing stock; state housing stock; municipal housing stock; housing stock for social use; specialized housing stock; individual housing stock; commercial housing stock; state accounting of housing stock; technical accounting; official statistical records; Accounting.

3.1. Concept and types of housing funds

The housing stock of the Russian Federation is the totality of all residential premises, regardless of the form of ownership, including residential buildings, specialized houses (dormitories, shelter hotels, houses of flexible stock, special houses for single elderly people, boarding houses for the disabled, veterans, etc.), apartments , service residential premises, other residential premises in other buildings suitable for living.

The concept of “housing stock” can be defined as a set of residential buildings and residential premises, distinguished from a single housing stock of the country according to certain criteria, differing in a certain order of formation, intended purpose, rules of use and other elements of the legal regime.

Housing funds can be defined as a collection of residential premises suitable for permanent residence, located in residential or other buildings; premises, which, depending on the form of ownership, nature of use, and other circumstances, are subject to a special legal regime and satisfy the housing needs of citizens permanently or temporarily.

Types of housing funds

The classification of housing stock is carried out according to two criteria: 1) belonging to one or another form of ownership and 2) purpose of use.

Depending on the form of ownership, there are:

♦ private housing stock - a set of residential premises that belong under the right of ownership to citizens or legal entities (for example, residential buildings, privatized apartments, apartments acquired under purchase and sale agreements, gift agreements, exchange agreements);

♦ state housing stock - a set of residential premises that belong under the right of ownership of the Russian Federation, and residential premises owned under the right of ownership of the constituent entities of the Russian Federation (for example, departmental residential buildings, departmental apartments);

♦ municipal housing stock - a set of residential premises that belong by right of ownership to municipalities.

Depending on the purpose of use, there are:

♦ housing stock for social use - the totality of residential premises of state and municipal housing funds provided to citizens under social rental agreements, as well as residential premises of state, municipal and private housing funds provided to citizens under social rental agreements;

♦ specialized housing stock - a set of residential premises that are intended for the residence of certain categories of citizens and are provided in a special manner.

Residential premises of a specialized housing stock (hereinafter referred to as specialized residential premises) include:

1) service residential premises;

2) living quarters in dormitories;

3) residential premises of the maneuverable fund;

4) residential premises in houses of the social service system;

5) residential premises of the fund for temporary settlement of internally displaced persons;

6) residential premises of the fund for temporary settlement of persons recognized as refugees;

7) residential premises for social protection of certain categories of citizens;

8) residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care.

Service living quarters intended for residence of citizens in connection with the nature of their labor relations with a government body, a local government body, a state or municipal unitary enterprise, a state or municipal institution, in connection with service, in connection with appointment to a public position of the Russian Federation or a public position of a subject Russian Federation or in connection with election to elective positions in government bodies or local government bodies.

Service residential premises are provided to citizens in the form of a residential building or a separate apartment. The categories of citizens who are provided with office living quarters are established: a) by the government body of the Russian Federation - in the housing stock of the Russian Federation; b) by a government body of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation; c) by a local government body - in the municipal housing stock.

A contract for the rental of official residential premises is concluded for the period of employment, service or holding a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation or in an elected position. Termination of employment relations or tenure in a government position of the Russian Federation, a government position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service is grounds for termination of the contract for the rental of office residential premises.

Residential premises in dormitories are intended for temporary residence of citizens during the period of their work, service or training. Houses or parts of houses that are specially built or converted for these purposes are provided for dormitories. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live.

Living quarters in dormitories are provided at a rate of at least six square meters of living space per person.

The rental agreement for residential premises in a dormitory is concluded for the period of employment, service or training. Termination of employment, training, as well as dismissal from service is grounds for termination of the tenancy agreement for residential premises in a dormitory.

Residential premises of the maneuverable fund intended for temporary residence: a) citizens in connection with major repairs or reconstruction of the house in which there are residential premises occupied by them under social tenancy agreements; b) citizens who have lost their residential premises as a result of foreclosure on these residential premises, which were acquired through a loan from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of residential premises, and pledged to ensure repayment of the loan or targeted loan, if at the time of foreclosure such residential premises are their only ones; c) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances; d) other citizens in cases provided for by law.

Residential premises of the flexible stock are provided at the rate of no less than six square meters of living space per person.

A rental agreement for residential premises of a flexible stock is concluded for the period: a) until the completion of major repairs or reconstruction of the house (when concluding such an agreement with certain categories of citizens); b) before completion of settlements with citizens who have lost their residential premises as a result of foreclosure on them, after the sale of residential premises on which foreclosure was applied (when concluding such an agreement with certain categories of citizens); c) until the completion of settlements with citizens whose only residential premises became unsuitable for living as a result of emergency circumstances, in the manner prescribed by the Housing Code of the Russian Federation, other federal laws, or until the provision of residential premises of the state or municipal housing stock to them in cases and in the manner that provided for by the Housing Code of the Russian Federation (when concluding such an agreement with certain categories of citizens); d) established by law (when concluding such an agreement with certain categories of citizens).

The expiration of the period for which the contract for the rental of residential premises of the maneuverable fund was concluded is the basis for termination of this contract.

Residential premises in houses of the social service system are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services.

Residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees, are intended for temporary residence of citizens recognized in the manner established by federal law, respectively, as forced migrants and refugees.

The procedure for providing residential premises to funds for the temporary settlement of forced migrants and persons recognized as refugees is established by federal laws.

Residential premises for social protection of certain categories of citizens are intended for residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection. Categories of citizens in need of special social protection are established by federal legislation and the legislation of the constituent entities of the Russian Federation.

The procedure and conditions for the provision of residential premises in houses of the social service system for the population and the use of such residential premises are established by federal legislation and the legislation of the constituent entities of the Russian Federation.

The provision of residential premises for the social protection of certain categories of citizens under gratuitous use agreements is carried out in the manner and on the conditions established by federal legislation and the legislation of the constituent entities of the Russian Federation.

Residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care, are intended for the residence of orphans and children left without parental care, persons from among orphans and children left without parental care, in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The provision of residential premises to orphans and children left without parental care, persons from among orphans and children left without parental care, under contracts for the rental of specialized residential premises is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. The specified residential premises are not provided to foreign citizens, stateless persons, unless otherwise provided by an international treaty of the Russian Federation.

The housing stock is also divided into:

♦ individual housing stock(a set of residential premises of a private housing stock used by citizen-owners for their residence, as well as the residence of other citizens on the terms of free use, as well as by legal entities-owners for the residence of citizens on the specified conditions of use);

♦ commercial housing stock(a set of residential premises used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided to the owners of such premises to individuals for possession and (or) use). Unlike individual housing stock, residential premises in a commercial use stock are intended to generate profit through the conclusion of a commercial rental agreement.

The legal literature also suggests other approaches to determining the types of housing stock. In particular, Yu.K. Tolstoy, proposes to distinguish between residential premises not according to forms of ownership, but depending on the grounds for their provision to citizens: a) residential premises provided under a social tenancy agreement; b) residential premises provided under a commercial lease or lease agreement; c) residential premises in houses of housing construction and housing cooperatives; d) residential premises owned by citizens; e) office and specialized residential premises; f) residential premises provided for the use of citizens on other grounds.

Another author, P.I. Sedugin believes that when determining the types of housing stock, we should proceed from the purpose of residential premises. Depending on this, he distinguishes: housing stock for social use (residential premises provided to citizens for living in the mode of social use) and housing stock used on a commercial basis (i.e., for use under a rental agreement for residential premises for the purpose of making a profit).

3.2. State accounting of housing stock

The housing stock is subject to state registration in the manner established by the federal executive body authorized by the Government of the Russian Federation.

State accounting of the housing stock is carried out in order to obtain information about the location, quantitative and qualitative composition, technical condition, level of improvement, cost of the stock objects and changes in these indicators.

Residential buildings, specialized buildings (dormitories, shelter hotels, flexible housing, special homes for single elderly people, boarding homes for the disabled, veterans, etc.), apartments, service residential premises, and other residential premises are subject to state registration regardless of their form of ownership. in other buildings suitable for habitation.

Issues of inclusion of residential buildings and residential premises in the housing stock and exclusion from the housing stock are resolved on the basis of the housing legislation of the Russian Federation.

State accounting of the housing stock in the Russian Federation includes:

♦ technical accounting, which is entrusted to specialized state and municipal organizations of technical inventory - unitary enterprises, services, departments, centers, bureaus (BTI) and is carried out in the manner established by regulatory legal acts in the field of state technical accounting and technical inventory of capital construction projects;

♦ official statistics, which is carried out by the Federal State Statistics Service (Rosstat) and its territorial bodies on the basis of a generalization of the forms of federal state statistical monitoring of the housing stock, presented by the BTI, at intervals and within the time limits determined in the annual federal statistical work programs;

♦ Accounting, i.e. the formation of documented, systematized information about housing facilities and the preparation of accounting (financial) statements provided for by Federal Law of December 6, 2011 No. 402-FZ “On Accounting”.

3.3. State housing supervision, municipal and public housing control

Monitoring the use of the housing stock and ensuring its safety is carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.

Under state housing supervision refers to the activities of authorized executive authorities of the constituent entities of the Russian Federation, aimed at preventing, identifying and suppressing violations by state authorities, local governments, as well as legal entities, individual entrepreneurs and citizens established in accordance with housing legislation, legislation on energy saving and increasing energy efficiency requirements for the use and preservation of the housing stock, regardless of its form of ownership, including requirements for residential premises, their use and maintenance, the use and maintenance of common property of premises owners in apartment buildings, the formation of capital repair funds, the creation and activities of legal entities and individual entrepreneurs that manage apartment buildings, provide services and (or) perform work on the maintenance and repair of common property in apartment buildings, provide utility services to owners and users of premises in apartment buildings and residential buildings, specialized non-profit organizations that carry out activities aimed at ensuring the implementation of capital repairs of common property in apartment buildings, violations of restrictions on changing the amount of payment for utilities paid by citizens, requirements for energy efficiency and equipping the premises of apartment buildings and residential buildings with metering devices for energy resources used, requirements for the provision of residential premises in rented houses for social use, through the organization and carrying out inspections of these persons, taking measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate identified violations, and the activities of the indicated executive authorities of the constituent entities of the Russian Federation to systematically monitor the implementation of mandatory requirements, analyze and forecast the state of fulfillment of mandatory requirements when implemented by public authorities , local governments, legal entities, individual entrepreneurs and citizens of their activities.

State housing supervision is carried out by authorized executive authorities of the constituent entities of the Russian Federation (regional state housing supervision) in the manner established by the highest executive body of state power of the constituent entity of the Russian Federation, taking into account the requirements for the organization and conduct of state housing supervision established by the Government of the Russian Federation.

Under municipal housing control refers to the activities of local government bodies authorized to organize and conduct inspections on the territory of the municipality of compliance by legal entities, individual entrepreneurs and citizens with the mandatory requirements established in relation to the municipal housing stock by federal laws and laws of the constituent entities of the Russian Federation in the field of housing relations, as well as municipal legal acts .

Municipal housing control is carried out by authorized local government bodies in the manner established by municipal legal acts or the law of a constituent entity of the Russian Federation and municipal legal acts adopted in accordance with it.

Questions and tasks for self-control

1. What is housing stock?

2. How was the concept of “housing stock” enshrined in previous legislation? Conduct a comparative legal analysis.

3. Identify the types of housing stock depending on the form of ownership.

4. Give a description of the municipal housing stock (using the example of a specific municipality).

5. What is the peculiarity of the classification of housing stock depending on the purpose of use? Give a description of each type.

6. What is housing stock accounting? Which government body or local government body carries out such accounting?

7. What are the features of the privatization of housing stock in the Russian Federation?

8. Analyze the provisions of the state program “Providing affordable and comfortable housing and utilities to citizens of the Russian Federation” and note what is the state and prospects for the development of the housing stock of the Russian Federation.

9. How is the problem of resettlement of emergency housing stock solved in the Russian Federation?

Types of housing stock are a classification of residential premises depending on their ownership and purpose. Let's consider what it is based on and how it affects the rights and responsibilities of citizens. Let us touch upon the methods and forms of accounting and monitoring of housing available in the country.

Regulatory regulation

The housing complex provides answers to questions about housing. It describes the concept and types of housing stock, the rules for their use.

As for the content rules, they are adopted at the level of the Government of the Russian Federation.

We must not forget about documents that are of a purely technical nature (rules for the operation of housing), which guide workers in the housing and communal services sector.

A number of special documents have been adopted to regulate the accounting of all housing in the country.

Composition of the housing stock

Its quality in the legislation is understood as residential premises available in the country. The form of ownership does not matter, nor does the purpose of the premises. These factors are only used as classification criteria, as is the order of formation and use.

Forms of ownership

Let us consider how the right to own property is exercised by various entities. The housing stock is divided into premises belonging to:

• citizens and non-state legal entities (private housing);
• the state fund respectively belongs to the state and its subjects (represented by regional authorities);
• The municipal fund belongs to municipalities.

How private housing appears is clear to everyone: as a result of privatization, the construction of new facilities for operation at the expense of citizens or organizations.

The state fund is formed by purchasing housing using budget funds. Companies can transfer apartments or houses to cover tax and other obligations to the state. Property may become the property of the state for other reasons. Similar rules apply to municipal housing.

Purposes of use

The law specifies several types of housing stock depending on their purpose:

• for social hiring;
• specialized (intended for a wide range of persons);
• for individual use;
• for commercial use.

In the text of regulations there are references, for example, to a departmental fund, which is classified as specialized. Complaints and lawsuits should only be based on the wording of the Housing Code.

Social housing

Apartments from the social housing stock are provided to citizens under a social tenancy agreement. There are no usage fees. Provided by the state or municipality. They are often represented by an authorized organization responsible for managing residential premises.

They are provided for accommodation under the conditions set out in the LCD. Agreements are concluded with citizens based on a standard form. Who has the right to use the premises?

There are several categories of citizens: disabled people and their families, citizens whose income is below a certain level, large families and people in need of additional housing. Regulatory acts in the regions set out in detail the list of requirements for applicants for obtaining housing in this way. A variety of categories of people have the right to premises from the social housing stock.

The described form of assistance should not be confused with renting housing from a social use fund, which is provided for a small fee.

Specialized housing stock

It is formed from premises available under the jurisdiction of the state and municipal authorities. Persons moved into premises classified as such a fund do not have the right to privatize them, as is done with housing transferred in accordance with the rules of social rental.

In particular, the specialized housing stock includes:

• office premises;
• rooms in dormitories (unless they are transferred as part of social rent);
• housing from a flexible fund;
• social for serving citizens;
• for internally displaced persons, refugees;
• for persons classified as orphans and left without parental supervision and previously classified as such (reaching 18 years of age does not deprive them of their rights);
• housing for social protection of certain categories of citizens.

Approximate list of acquirers

Premises from the flexible fund are provided for the duration of training, service or work. As a rule, people are housed in dorm rooms.

The residential complex contains an incomplete list of grounds giving the right to premises from the maneuverable fund:

• a major overhaul of the premises issued under the social rental program is being carried out;
• the only housing purchased with loan funds was foreclosed on;
• housing has become uninhabitable due to natural disasters, military operations and other emergency circumstances.

Thus, the law singles out one more type of residential premises not mentioned in the first articles of the code.

Individual housing

Art. 19 of the Housing Code of the Russian Federation considers it as premises that are privately owned. The owner has the right to set living conditions at his own discretion, with the exception of setting fees. The right of residence belongs to the owner himself, family members and other persons whom he wishes to move in.

Commercial fund

The article of the Housing Code, devoted to the concept and types of housing stock, classifies premises transferred on a paid basis as commercial stock. The wording does not allow the use of premises for paid accommodation if it belongs to a specialized fund or is provided for social rental.

Monitoring and accounting of housing condition

Provided by the Ministry of Construction and Housing and Communal Services. Monitoring includes taking measures to collect statistical reports on the state of housing in the Russian Federation: its volume and technical condition. Receiving information and analyzing it, the ministry is obliged to report its findings to the authorities that are obliged to take measures to preserve and maintain its safety.

Accounting - measures in the form of inventory and certification. Both tasks are performed by special enterprises - BTI, owned by the regions. In addition, the activities of private organizations performing the functions of BTI are permitted. However, copies of the materials collected by them are still transferred to government organizations.

Rules and regulations for the operation of housing stock

In 2003, Gosstroy adopted a document describing the procedure for operating housing. It includes references to other acts; it spells out the responsibilities of the owners of apartments and common property of an apartment building. For example, they are required to take care of real estate and amenities. What else does the document say?

• The types and procedures for inspection and maintenance are described.
• Types of repairs (current and major), order of implementation.
• Organization of maintenance of residential premises, attics, improvement facilities.
• The procedure for preparing for the heating season.
• Organization of dispatch service.
• Carrying out cleaning in different seasons (winter, summer).
• A significant part of the document is devoted to a description of the maintenance of walls, partitions, floors, coverings, roofs, and windows.

The final part of the rules and regulations for the operation of the housing stock is devoted to the forms of documents reflecting the condition of the house, recording inspections, repairs and other activities.

Finally

A number of documents cover the process of maintaining and operating an apartment building. It is to them that the attention of the state is directed. People living in individual houses ensure the safety of their housing on their own.