​It is quite difficult for a military serviceman to privatize an apartment provided to him through the courts, since it is necessary to prepare a package of documents of an impressive size, and the process itself can be drawn out and take more than two months. Due to the fact that the President of the Russian Federation extended the period for free privatization of residential premises only until the beginning of March 2017, there is no need to delay resolving this issue.

The article below will present those features of the privatization of housing in court that every military personnel who formalizes ownership of an apartment in this way needs to know about.

Features of privatization of residential premises by military personnel

In accordance with the Federal Law “On the Status of Military Personnel,” the state is obliged to provide housing for military personnel:

• if the total length of service is more than 20 years;
• if he retires to the reserve after reaching the age limit for service, due to organizational and staffing measures or for health reasons (in these cases, the duration of service must be more than 10 years).

If the above grounds exist, the serviceman is provided with residential premises by the Ministry of Defense of the Russian Federation (or a certain amount of money is allocated for its purchase). As a general rule, a social tenancy agreement is concluded with the owners of such housing, which does not provide for the owners having the right to full disposal (in the form of donation, exchange or sale) of the residential premises.

Currently, the only way provided for by the legislation of the Russian Federation for a military serviceman to register the residential premises allocated to him as ownership is its privatization in court.

This option for solving the problem is one of the most difficult, this is due to the fact that the serviceman will have to prepare a complete set of necessary documents, send a statement of claim to the court, and after receiving a court decision, apply to the Unified State Register in order for the ownership to be officially registered .

Serviceman's procedure

Before going to court, the serviceman will need to send by registered mail request to the Housing Department of the Ministry of Defense of the Russian Federation to obtain permission to privatize the residential premises provided to him. As a rule, the Department's response is that there is no objection to bringing such an issue to court. If at the time of applying to the court the serviceman does not have such a letter, then it will be enough for him to present the letter sent to the Department, but a receipt containing the date of dispatch and notification of delivery to one of the representatives should be attached to it. The serviceman must send such a letter to the Department at least two months before the date of the planned appeal to the court.

The applicant should also prepare the following documents:

• a document certifying that the defendant (for example, the Ministry of Defense of the Russian Federation) has ownership rights to the disputed apartment in the form of operational management;
• a social rental agreement concluded in relation to the disputed apartment;
• copies (or certified extracts) of orders of the Minister of Defense of the Russian Federation on dismissal (order on personnel) and exclusion from the lists of a unit (order on combat unit);
• a document confirming that the serviceman has not used up the right to privatization;
• a certificate containing information about the serviceman’s previous places of residence (it is needed if the applicant received residential premises after September 1991);
• identification documents of all his close relatives (including minors) who are registered in the privatized apartment;
• a notarized refusal (if any) of any family member of a military personnel who does not want to take part in the privatization of residential premises;
• certificate of family composition of the serviceman. If a family member of a serviceman who wishes to participate in privatization, due to current circumstances, does not have registration in the disputed apartment, then they are provided with a certificate of his actual place of residence;
• inventory (cadastral) passport and a copy of the personal account for the disputed apartment;
• a certificate provided by the BTI for the privatized residential premises with attachments (explication or floor plan).

Copies of the above documents (the originals are provided at the request of the judge) should be attached to the application, after which the entire set must be sent to the military court (garrison, naval or district). A document (check, receipt) indicating payment of the state duty must also be attached; if this is not done, the application with all attachments must be returned to the serviceman without consideration.

If the applicant, for reasons beyond his control, is unable to obtain all the documents he needs, then during the court hearing he may file a petition to obtain these materials from the relevant official. The application is signed by the serviceman himself and those members of his family who participate in privatization (including minors).

If the court fully satisfies all the stated requirements regarding the privatization of the apartment received from the Ministry of Defense of the Russian Federation, then the serviceman, after the court decision enters into legal force, will have to submit it (together with a package of documents) to the Unified State Register at the location of the property in order to record the fact of the existence ownership rights to the specified housing. After receiving all title documents (including the contract), the privatization process can be considered completed.

The main reasons for refusal to privatize

The court may refuse to privatize a military premises in the following cases:

1. if unauthorized technical redevelopment was made in the residential premises;
2. if the disputed premises are unfit for habitation due to emergency conditions;
3. the serviceman does not have a social rental agreement concluded between him and the owner of the disputed housing;
4. submission of fictitious documents containing unreliable (false) information;
5. loss of documents for the privatized apartment (in such cases, the court provides a reasonable period of time for their restoration);
6. exhaustion of the right granted to him to free privatization of residential premises by a military personnel;
7. if the residential premises are located in closed military camps;
8. if the living space is a room in a dormitory for military personnel or in a communal apartment;
9. in the event of the death of the applicant;
10. if a serviceman is sent to another location to continue his service.

If you need help in privatizing military housing through the court or in drawing up a statement of claim, then our on-duty lawyer is ready to promptly help you in this matter. You can leave your question or request in the form below.

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 served 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 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 surplus must be purchased from the state according to the rules of paid privatization.

You can learn about how to privatize, who has the right to it, as well as in what cases it can be obtained from our articles.

Obstacles to the procedure

In the process of registering housing ownership, military personnel may encounter a number of problems related to housing status. These include:

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.

Military privatization of an apartment: where to start?

First steps

The family of a serviceman who has decided to register ownership of housing should first of all determine status the apartment she occupies in the administration 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 with 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 him (read about privatization).

Application for privatization of an apartment for military personnel.

The application is submitted to the judicial authorities at the location of the apartment.

Such cases are under the jurisdiction of military courts at garrisons, fleets, and military districts.

In addition, cases are considered Military Collegium of the Russian Armed Forces. The statement of claim must contain the following items:

1. A descriptive part with links to articles of the Law.
2. Plaintiff's claims.
3. List of documents attached to the application.

You can find out how to achieve this on our website.

Statement of claim for privatization of an apartment by a military personnel.

The list of attached documents for the privatization of military housing through the court is identical to the previously listed one provided for the privatization process. According to the law, the hearing of the case is scheduled no later than 5 days from the date of submission of the application.

Filing a claim in court for the privatization of an apartment by a military personnel is a matter that requires taking into account some subtleties and nuances. In this regard, it is more advisable to seek help from a professional lawyer.

The consideration of the case may take several months. Delays are most often associated with the impossibility of identifying the owner, the lack of warrants or lease agreements premises.

To remove the status of a military serviceman from housing must be recognized by the court as needy in improving living conditions.

Like any citizen, a military man becomes the owner of a residential property only after signing a privatization agreement and receiving a Certificate of Ownership from Rosreestr. In the case of privatization of housing for military personnel through the court, the document is issued on the basis of the Resolution.

However, not everyone succeeds easily go through the entire housing transfer process. Thus, military personnel face some problems during this procedure.

Main problems

The process of transferring an apartment to military personnel is more complex and lengthy. The law on privatization by military personnel today has many shortcomings and gaps, therefore, this category of people faces a certain number of problems during the privatization of social housing.

The main problem is that this person and his family live in apartments that belong to the state under a social tenancy agreement.

Thus, a person can use the services of public utilities and live there for a long time, but not to be the full owner housing. As a rule, issues of privatization of apartments by military personnel are resolved through judicial proceedings, because a number of problematic issues are hidden here:

• social housing does not belong to the municipality, but to a department (the Ministry of Defense), therefore this type of apartment is not subject to the acts that are used to transfer housing from the state to a private person;
• there is no owner of the building where the apartment is located;
• there may be no management company;
• There is no main document for the residential premises (technical passport).

As a result, the privatization process is suspended indefinitely or even reaches a dead end.

In addition, privatization reduces the military department’s housing stock, so rarely does anyone succeed transfer it to private ownership.

Another problem could be the transfer of an apartment from the military department to the ownership of the municipality, i.e. change of owner of the apartment. Then the transfer issues are already resolved with municipal authorities.

List of documents

To transfer an apartment into private ownership and disposal, you must prepare the following documents:

• application requesting and transferring a social-type apartment;
• a statement from other persons (family members) who do not want to take part in the transfer of the apartment, certified by a notary, as well as a certificate from the guardianship and trusteeship authorities, if there is a person under 18 years of age;
• a copy of the certificate of registration of ownership of the operational management of the apartment by the military department;
• a copy of the social tenancy agreement;
• copies of personal passports;
• passport for the apartment;
• personal account statement;
• data from home book;
• extract from the military service record;
• an extract from the Unified State Register, which indicates the right to housing in the region where the transfer process is taking place, including those regions where the citizen served (data is taken from the service record);
• certificates stating that the military person was not provided with an apartment at his previous place of work (or it was rented out);
• an extract from the Unified State Register indicating the current owner of the apartment;
• confirmation in writing from the Housing Department of the military department, which indicates that there are no objections to the application for privatization of the apartment.

Peculiarities

When privatizing housing, it applies Privatization Law, which describes some features of the process of transferring social housing for the category of military citizens.

These include:

1. In small military camps that are closed, social housing is not privatized; it remains on the balance sheet of the Ministry of Defense.
2. Rooms in family-type dormitories are also not transferable.
3. Apartments that have unsuitable living conditions and are in emergency condition will not be transferred.
4. If the whole family is involved in the transfer, then all signatures are indicated in the application.
5. If any of them refuses the process, then each person’s refusal must be certified by a notary.
6. A social-type apartment can be transferred if one of the family has a share in the ownership of it, or it belongs to one of them.

Privatization procedure

According to the Law “On the Privatization of Housing”, persons working under a military contract and living in apartments on the basis of a social tenancy agreement, they have a right privatize the apartment if his entire family agrees, including children (who are under 18 years old).

However, today the military department still no clear order defined transfer of social-type apartments to private ownership. Therefore, such issues of transfer of apartments are often resolved in a court.

First of all, a military person needs to go with a statement on the transfer of an apartment to a private individual, to the property relations department of the Ministry of Defense, located in any military district, or to the Central property relations department, which is responsible for social housing located in Moscow and its region. These structures should give an answer no later than 60 days from the date of application.

Military face has the right on the basis of the norms of the Civil Procedure Code, go to court.

If there were his rights were violated regarding issues related to privatization within three months from the date of their violation.

Such violations include:

• lack of response from departmental bodies about the privatization decision;
• refusal to transfer housing;
• the delay in the privatization process is deliberate.

Often the court satisfies the claims military person and makes a decision in his favor. A court decision that has entered into force is carried out voluntarily or compulsorily. List of documents required by the court almost identical the one who gathers for the procedure of transferring an apartment to a private person.

Only after receiving all documents confirming ownership of a social-type apartment registered in the Unified State Register and concluding an agreement for the gratuitous transfer of housing, question of transferring an apartment will be decided finally.

Social housing is not under the jurisdiction of the Housing Authorities of the Ministry of Defense, and therefore these structures has no right to transfer it at the complete disposal of private individuals.

Reasons for refusal

Even if a military person has all the documents necessary to transfer an apartment to a private person, he may be denied. There are certain reasons for this:

• there is no social tenancy agreement;
• the list of documents contains fake certificates or extracts containing false information;
• the presence of inaccuracies and errors in the preparation of documents;
• there are illegal alterations in the premises;
• a military person does not have the right to privatize the premises (when there is no contract, or he has already used it before, the right is given by law once during his entire life);
• there are no other documents for transferring the apartment to a private person;
• stopping the process of transferring an apartment by the court in the event of the death of the plaintiff or his move to another city;
• if the premises that they want to privatize are official (when it becomes the property of the municipality and a social tenancy agreement is concluded, then its transfer is possible).

Thus, get a social-type apartment in your full possession and disposal quite possible, however, you need to have a lot of patience, prepare all the necessary documents without errors or corrections, which will contain accurate and reliable information, and contact the authorities that are the owners of social apartments.

If from them refused, issues of transferring an apartment to a private person will be considered through civil proceedings.

The usual transfer of housing into private ownership if there is a document on the ownership of it does not present any particular difficulties.

Things are completely different when it is necessary to privatize housing for military personnel.

The process differs in a lot of nuances and duration of the period.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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The main stumbling block in privatization for military personnel is the social employment agreement. According to this document, the apartment in which he and his family live belongs to the state. Despite the fact that this person uses utilities in full and lives in the premises for a long time, he cannot call himself a full owner.

Privatization of housing by military personnel has the following range of problems:

• It is difficult to resolve the issue of determining the management company supervising the house. Housing owned by the Ministry of Defense is untimely transferred to the balance of the municipality. For this reason, regulations on the transfer of housing to private individuals from the state are not valid.
• There is no owner of the house as such.
• No for apartments.
• Reduction of the Ministry of Defense's residential property stock and, as a result, the impossibility of obtaining it for private ownership.

How long does the process of privatization of military housing take?

Even if housing is transferred to the municipal balance, the issue of paperwork may drag on for years or even reach a dead end. If the outcome of the situation is favorable, you can expect the privatization process to take 3 months.

What are the features of the privatization of military housing?

Privatization of military housing has its own characteristics in accordance with the Privatization Law:

1. Those living in military dormitories, in military camps, houses recognized as unsafe and unsuitable for living, do not have the opportunity to privatize their housing.
2. Participants in the privatization in full must put their signatures in the application.
3. The refusal of any person registered in the apartment must be notarized.

What documents are needed to privatize an apartment for military personnel?

Obtaining social housing into private ownership can be accomplished in two ways: by assigning a share of the apartment to each of those registered and living in it, or by establishing a single owner of the property.

The nearest administration or the Department of Housing Policy is the place where each person registered at this address submits a written application with consent to participate in the process. After this, a form is filled out at the privatization department indicating passport data, family composition (their details and degree of relationship) and the address of the privatized object. Then the following documents are submitted:

• Application for privatization of an apartment. (cm. )
• Notarized consent or refusal to participate in the process of all persons registered locally.
• Confirmed first use of the right to privatization.
• Certificate of registration of ownership of the operational management of the apartment by the Ministry of Defense (copy).
• Social housing tenancy agreement (original with 2 copies).
• Registered passports: first two pages and registration (originals and copies).
• TIN (copy).
• Military service record (extract).
• Certificate of non-provision of an apartment at the previous place of work.
• Confirmation of the absence of objections from the Department of Housing of the Military Department to the application for privatization.
• Apartment card.
• Certificate of residence.
• Receipt – payment of state duty.
• Certificate of absence of arrears in payment for utilities.
• Order (original with 2 copies).
• Personal account (copy).

The housing privatization agreement can be canceled on the basis of the absence of absolutely everyone who has the right to this apartment.

What is the procedure for privatizing apartments for military personnel through the court?

Problematic situations that arise during the acquisition of public housing into private ownership due to imperfections in legislation must be resolved in court.

Let's find out how the privatization of apartments by military personnel takes place through the court:

1. A statement of claim is filed, which indicates the grounds for transferring this apartment into ownership of the plaintiff. The claim, supported by regulatory and legal acts, must be reasoned. In this case, the ideal option would be the help of a professional lawyer.
2. The state fee is paid and everything necessary for privatization is provided. You can submit additional papers that will somehow contribute to a positive outcome of the case.
3. The judge considers the claim and makes a final decision, giving permission or imposing a ban on the privatization of this object.

Reasons why military personnel may be denied privatization

There are many reasons why privatization of military housing is impossible.

• Committed illegally and non-compliance with the technical characteristics of the housing.
• Lack of social tenancy agreement.
• Forgery of documents submitted in the process of resolving the issue of privatization.
• Failure to provide truthful information about the condition of housing.
• An attempt to reuse the right to free state privatization.
• Death of the applicant or change of place of service and place of residence.
• The emergency condition of the home, the premises of a closed military camp.
• Found the owner of the house.

When is the privatization of housing for military personnel considered decided?

Privatization of military housing is considered closed upon a positive decision of the court and the transfer of documents with entry into the Unified State Register, and the housing is privatized.

If you have any questions about the topic " How is housing privatized for military personnel?", ask them in the comments.

The privatization procedure is not always carried out only at the request of citizens. In relation to a number of objects, re-registration of rights to residential premises is impossible due to direct instructions of the law.

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Essence

In relation to residential premises provided to military personnel and members of their families, a significant number of restrictions and prohibitions are provided that are directly related to the status of such persons or the legal characteristics of the housing.

To be able to privatize residential premises, a serviceman must take into account the following features of the legislation:

• apartments located on the territory of military camps are completely excluded from participation in privatization (the limit is set in);
• If official housing is provided for the period of military service, its re-registration will also be impossible due to the specialized status of such housing stock (the limitation is established in).

The establishment of one of these circumstances practically excludes the possibility of exercising the right to a privatization transaction. However, even in such cases, a thorough study of the legislation and documents for the apartment will help to find a way out of the situation.

What is regulated

In addition to the standard conditions and principles of privatization fixed in, the ability to re-register an apartment as the property of military personnel is directly affected by the requirements of the following regulatory legal acts:

• Civil Code of the Russian Federation;
• Housing Code of the Russian Federation.

In addition, regulations on granting the status of military camps to individual settlements will have legal significance.

Reasons

It must be taken into account that even the presence of housing in military camps can allow citizens to acquire ownership of housing. This is due to the legislative approval of the list of military towns, as well as closed-type settlements (ZATO).

If a military town is not on the legislative list, its residents have access to free privatization on the general terms provided for

The list of military camps is compiled by the Government of the Russian Federation and is subject to approval in the form of a normative act.

The legal status of ZATO does not contain restrictions on the ability to acquire ownership rights; the general privatization procedure applies for such closed entities.

Thus, the basis for initiating the privatization procedure for military personnel will be the following facts:

• absence of a settlement in the list of military towns;
• availability of a social lease agreement for residential premises;
• submitting an application in the prescribed manner to the authorized bodies.

If these conditions are met, citizens cannot be refused privatization.

Video: problems

Privatization of housing by military personnel

The special legal status of military personnel determines some features of the implementation of their right to purchase housing through privatization.

Where and how

At each place of service, military personnel are required to provide housing; this rule is regulated. This regulatory act allows citizens to be allocated office housing, which automatically excludes the possibility of privatization.

However, having length of service allows you to apply for an apartment on social rent, after which the privatization procedure can begin.

To do this, military personnel must take the following actions:

• collect a package of necessary documents, including certificates of non-participation in privatization for each duty station;
• contact the authorized municipal body at the place of service;
• fill out an application for participation in privatization according to the general rules provided for

The consent of your immediate superiors is not required to submit an application for privatization.

Where to begin

The initial stage of privatization is the collection of a mandatory set of documents, which include:

• social lease agreement for residential premises;
• apartment card for the entire family;
• technical plan for the apartment;
• certificate of absence of debt for utility services;
• certificates of non-participation in privatization for each previous place of service.

Obtaining certificates of non-participation in privatization for military personnel may imply the simultaneous submission of documents on the allocation of official residential premises to them at their previous place of service.

Children's rights

Minor children of military personnel participate in privatization on an equal basis. gives them the right to reapply after achieving age 18.

To participate in the privatization program, a birth certificate is presented for each child.

The exclusion of minor children from the program is not allowed; these facts may be the basis for subsequent recognition of the invalidity of the transaction and termination of the privatization agreement.

Military mortgage

Another way to improve the living conditions of citizens undergoing military service is a military mortgage.

This program is provided and characterized by the following features:

• persons who have entered into a contract for military service can become participants in a military mortgage;
• in case of exclusion from the ranks of the RF Armed Forces or termination of a contract due to culpable circumstances, citizens lose the right to participate in the program;
• military mortgage provides preferential conditions for the choice of residential premises and credit interest.

This option is best suited when citizens are just starting to serve in the ranks of the RF Armed Forces and enter into their first contracts, since as their continuous service increases, they have the right to an additional reduction in the interest rate on the loan.

Pensioners

In addition to the required set of documents, additional information may be required:

• the spouse’s refusal to privatize, certified by a notary;
• power of attorney for a representative;
• documents confirming the right to use housing for persons not specified in the social tenancy agreement.

The period for reviewing documents cannot exceed two months from the date of application, and extension of the verification period is not permitted. Based on the results of checking the documentation, a privatization agreement is drawn up, which is handed over to the program participants.

Reasons for refusal

Among the most common reasons for refusing citizens are the following grounds:

• the presence of an apartment in the list of service residential premises;
• establishing the fact of repeated application for privatization;
• location of the apartment on the territory of a military camp.

If the grounds for refusal do not comply with the law, or the information in the submitted documents is incorrectly interpreted by the authorized bodies, applicants have the opportunity to challenge the refusal in court.

Through the court

An appeal against the refusal to satisfy an application for the transfer of housing is carried out through the district courts at the location of the defendant.

To initiate the judicial review procedure, it is necessary to send a statement of claim and a set of documents to the court.

Sample statement of claim

A standard sample claim is available; it indicates the minimum required content for this category of cases.

For a positive consideration of the case, the content of the claim must indicate:

• the grounds for refusal that were indicated in the official’s decision;
• references to regulations that were violated when the refusal was issued;
• legal position of the plaintiff.

The claim can be filed in person with a judge or by sending documents by mail.

Documentation

The documents that must be attached to the claim include all written evidence confirming the illegality of the actions of officials.

The plaintiff will have to confirm the validity of his right to transfer the residential premises to him on the terms of privatization.

Copies of all documents that the applicant submitted to the authorized body must be sent to the court. The decision will be made based on checking the compliance of the submitted documents with the requirements of regulatory legal acts.

Difficulties

In the process of privatization of housing by military personnel, problems may inevitably arise related to the legal status of this category of persons:

• a constant change of place of service may significantly complicate the ability to obtain certificates from each locality where the applicant lived;
• Providing service housing to military personnel initially creates obstacles to the re-registration of housing rights;
• the presence of military service responsibilities often forces citizens to use the services of representatives, since personal participation is impossible due to lack of free time.

All of these circumstances significantly limit the free right of such citizens to re-register their housing.

Questions

In the traditional review of controversial issues regarding the privatization of housing, we note the features of registration of rights in non-standard situations.

Who should I register for?

Is it necessary to register housing in the name of the serviceman himself if he divorced his wife, but did not lose the right to use the apartment on social rent terms?

If the former spouses continue to have equal rights as tenants, the woman cannot privatize the apartment without the consent of her ex-husband.

The principle of the voluntary nature of privatization for each employer is established.

Refusal

Is it necessary to notarize the refusal to participate in privatization or can such a decision be declared when applying to the authorized body? Refusal to participate in privatization (and simultaneous consent to register rights in favor of other employers) must be subject to notarization.

The wife had another place to live