All Russian citizens have the right to privatize the housing provided to them. However, when the issue concerns the privatization of military apartments, the use of state-guaranteed rights becomes quite problematic. Many military personnel, when registering ownership of official residential premises, encounter great difficulties. The main factor hindering the privatization procedure for military housing is the departmental affiliation of the facility with the Ministry of Defense.

At first glance, the privatization of military service housing is a standard procedure, the procedure for which is identical for apartments provided under a social rental agreement. However, to carry out this process, it is necessary to take into account certain conditions established for military personnel, without which military privatization will not be possible.

Let's consider what requirements service housing must meet so that a military man can privatize his legal “square meters”, what are the rules for registering ownership of military living space. It is necessary to understand in advance all the intricacies of the privatization procedure in order to avoid many obstacles in the future.

Conditions for privatization of official and departmental housing

The basis for privatization is the Federal Law of the Russian Federation “On the Privatization of Housing Stock”. Military personnel have the right to be provided with free housing and its subsequent privatization subject to the following conditions:

• Russian citizenship;
• military status;
• 20 years of “military” experience.

Military personnel also have a similar opportunity to register ownership of official living space:

• who have reached the age limit and were dismissed from military service for this reason;
• those who left the army due to health reasons or due to staff reduction, if they served in the army for at least 10 years continuously.

An equally important condition for military privatization is the object transferred free of charge into the ownership of the military personnel. Living space available to military personnel:

1. Apartment.
2. A residential building located in the state or municipal housing stock.
3. Premises owned by organizations with housing stock.

Many military personnel are interested in whether it is possible to privatize an apartment located in a military camp. This is the most difficult question. Since the territory of military camps is classified as objects of strategic importance, citizens are prohibited from privatizing housing within its boundaries.

The procedure for pensioners exercising their rights to receive benefits has its own peculiarities. Instead of legal “square meters”, such citizens can receive:

• housing subsidy;
• one-time cash payment;
• military mortgage.

If a pensioner wants to receive an apartment in kind, he has the right to file a claim in court. However, winning such a case is possible subject to the transfer of the disputed object from the departmental one to the municipal housing stock.

Features of privatization of housing for military personnel

The first thing that needs to be done before initiating the process of transferring official housing into private ownership is to find out whether the desired living space is located on the territory of a military camp and which departmental department has the rights to it.

In the first case, it will not be possible to privatize the apartment. In the second, you need to contact the relevant authorities with a request to exercise the right to privatization, collecting the required package of documents.

There is no clear procedure for registering official housing as the private property of a serviceman. As a result, such cases often become the basis for consideration in court.

Step-by-step instruction:

1. A serviceman who wants to “de-service” an apartment must contact the appropriate department of the Ministry of Defense - the Department of Property Relations (Department of Housing) with an application to register the object as private property free of charge.
2. After submitting your application, you will need to wait 2 months for a response. If the answer is yes, the department will issue a list of necessary documents that will need to be provided to conclude an agreement on the free transfer of residential premises into the ownership of a citizen.
3. The final stage is the execution of a gratuitous agreement on the transfer of living space into the ownership of a citizen. Next, the serviceman receives technical documentation for the apartment.

Privatization is a long process and you need to be patient.

Package of documents

To begin the housing “de-service” procedure, you need to provide:

• your own statement outlining your request to transfer the desired property into private ownership;
• notarized written statements of their family members who refused to participate in the privatization process;
• original and copy of the social rental agreement;
• originals and copies of passports participating in the procedure;
• technical information about the object - passport for residential premises;
• information about the apartment: an extract from the personal account, information from the house register or a certificate from the management company (ZhEK) about the persons registered in the apartment;
• information about the owner of the transferred property;
• information about the recipient’s right to carry out privatization in this region;
• a copy of the military department’s certificate of title to real estate;
• extract from the service record;
• information about the applicant’s right to privatization (certificate of unused right);
• permission from the military department unit dealing with housing issues for privatization or information about the absence of complaints about the procedure being carried out.

In addition to copies, the package of documents must contain originals.

Main nuances of military privatization

The first thing you need to prepare for is that the privatization process may drag on for several months. It will take a lot of time to collect the necessary papers and departmental verification. In the event of a lawsuit, the review will take longer.

You should know that the procedure will only take place if the citizen uses the property legally, having drawn up a social tenancy agreement. If the specified document is not available, privatization of military housing will be denied, including when the case is considered in court.

The court does not always satisfy the plaintiff’s demands for the transfer of the desired living space. If it is impossible to determine under the control of which person or department the housing is located, the court cannot award the disputed property to the plaintiff.

There are grounds for refusing to privatize a military apartment:

1. Information about unregistered redevelopments in the premises.
2. Death of the plaintiff.
3. The plaintiff exercised the right to privatization earlier.
4. Finding living quarters in a dilapidated building.
5. If the living space is located on the territory of a military camp or in a military dormitory.
6. The owner of the apartment is the Ministry of Defense, and not the corresponding budget.
7. The plaintiff does not have a social tenancy agreement.
8. Forgery of documents or inaccurate information, gross errors.

Important: when going to court, you will need to pay a state fee. If the required amount is not paid, the court will leave the case without consideration. The state fee for the “de-service” of an apartment is 200 rubles.

Let's sum it up

Privatizing an apartment provided to a military personnel is not easy and requires a significant amount of time. In order for the transfer of real estate into the private ownership of a military man to take place, he needs to collect an impressive package of documents. In addition, the registration process itself takes a lot of time. However, if all requirements are met, the long-awaited “square meters” can legally become yours.

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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.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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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 the event 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

Here is a good article on the topic of privatization. In it you will find answers to your questions.

What to do if you want to privatize an apartment? If you occupy an apartment in the state or municipal housing stock on a social rental basis or have reserved it, you have the right to voluntarily contact the owner of the apartment with an application for its purchase. Privatization of residential premises is their free transfer into your ownership. You have the right to privatize residential premises only once. If you became the owner of an apartment through privatization when you were under 18 years of age, then you retain the right to free privatization after reaching the age of majority (Article 11 of the Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation”) . As a general rule, first you need to obtain the consent of all family members living together, including children aged 14 to 18 years (Article 2 of Law No. 1541-1). It must be in writing. The apartment will be transferred either into common ownership or into the ownership of one of the persons living together, including minors - the decision is yours. This does not depend on the will of the owner transferring the apartment to you (clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated August 24, 1993 No. 8 “On some issues of the application by courts of the law of the Russian Federation “On the privatization of housing stock in the Russian Federation”). Please note that minors living together with the tenant and being current or former members of his family have equal rights and, in the event of privatization, have the right to become participants in the common ownership of the apartment (Article 69 of the Housing Code of the Russian Federation). If you have given your consent to the acquisition by other persons living with you of the apartment you occupy in the manner of privatization, you retain the right to free acquisition of ownership in the manner of privatization of another apartment subsequently received by you, since you have not exercised your right to a one-time privatization. If you occupy an apartment in a departmental housing stock (premises owned by state and municipal institutions under the right of economic management or operational management) and find that the owner of the apartment you occupy has changed the form of ownership or has been liquidated, do not be alarmed. This should not affect your rights. You cannot be denied privatization, except if the successor of your owner, at his own expense, built or purchased an uninhabited residential premises in which you live (clause 4 of Resolution No. 8). If you do not know who the legal successor of your owner is, you can resolve the issue of privatization of the occupied premises in court. If you live in a communal apartment, you also have the right to privatize the room you occupy (Resolution of the Constitutional Court of the Russian Federation dated November 3, 1998 No. 25-P, hereinafter referred to as Resolution No. 25-P). In this case, it is not necessary to obtain the consent of neighbors. Residential premises are not subject to privatization (Article 4 of Law No. 1541-1): those in disrepair; in dormitories; in the houses of closed military camps; office residential premises, with the exception of the housing stock of state farms and other agricultural enterprises equivalent to them, the housing stock of stationary social security institutions located in rural areas. The last two categories of premises can be privatized if the owner of this housing stock decides on privatization (Part 2 of Article 4 of Law No. 1541-1). As for residential premises that were located in residential buildings that belonged to state or municipal institutions and were used as dormitories, with the adoption of the Housing Code they lost their status as dormitories and were transferred to the jurisdiction of local governments. The norms of the Housing Code of the Russian Federation on social tenancy agreements apply to them - which means they no longer have a specialized purpose. You also have the right to privatize them (Article 7 of Law No. 189-FZ). A transfer agreement will be concluded between you and the owner. It is not required to be notarized, and no state fee is charged. The contract includes minors who have the right to use this premises. The right of ownership to residential premises acquired in this manner arises from the moment of its registration in the unified state register of rights to real estate and transactions with it - Unified State Register of Real Estate (Unified State Register of Real Estate) (Article 7 of Law No. 1541-1). According to the general rule established by the Decision of Roskommunhoz dated November 18, 1993 No. 4 “On approval of the Model Regulations on the free privatization of housing stock in the Russian Federation” (the document is valid insofar as it does not contradict Law No. 1541-1), in order to privatize an apartment, you need to: obtain written consent of all family members living together (adults and minors aged 14 to 18 years); submit an application to the owner of the apartment with whom you have a social tenancy agreement; attach a document confirming the right to use the residential premises; attach a certificate confirming that the right to privatization was not previously used. Within two months, the owner must make a decision on the issue of privatization (Article 8 of Law No. 1541-1). The Law does not contain a specific list of refusals. You may be refused if, in accordance with the mentioned conditions of privatization, you are not entitled to it. However, you can challenge the refusal in court. Then a transfer agreement is concluded between you and the owner. Your ownership rights must be registered in the unified state register of real estate and transactions with it - the Unified State Register of Real Estate. Art. 2, art. 4, art. 11 of the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” Upon completion of the procedure, you will become the full owner of the residential premises.

Military privatization in Russia is formalized over time by almost all employees, but not all of them initially know how this procedure should be carried out correctly.

First of all, you need to understand how and when you can begin the privatization of this or that property in order to appropriate it into your own property. At the same time, we should not forget that the registration procedure itself also includes a large number of legal subtleties that must be taken into account to achieve the desired result.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

That is why it is better to understand in advance how military privatization is carried out in 2019, so as not to encounter various difficulties during its implementation.

Basic moments

In order for military or other types of housing to be carried out in the shortest possible time and without any difficulties, you need to collect what you need and submit it to the appropriate institution. In this case, you need to remember a few basic points that relate to this procedure.

List of required documents

In order to privatize certain property for military personnel, you need to provide the following package of papers:

• copies of passports and birth certificates of all people who live in the apartment;
• an application to the landlord and a documented refusal by the authorized bodies to draw up an agreement for the voluntary transfer of the apartment;
• a completed social tenancy agreement;
• an extract made from the house register;
• a certificate confirming the absence of any debts;
• technical passport of housing;
• a copy of the applicant's personal account;
• technical passport issued for the housing that will be registered as private property;
• documents that prove the applicant does not have privatized property;
• an extract obtained from the register of real estate rights;
• a certified waiver of the tenants' claims with the provision of transfer of their rights to other persons if any of the adults renounces their rights to the property;
• act of acceptance and transfer of the specified property;
• distribution document;
• statement of claim;
• a receipt confirming payment of the state fee.

Filing a claim

The statement of claim for the privatization of military housing must be drawn up in full compliance with current legislation. Today, the process of filling out this document is regulated by Articles 131 and 134 of the Civil Procedure Code.

In the header of the document you need to indicate information about all parties to the process under consideration, as well as where their permanent place of residence is. The descriptive part sets out in detail the main essence of the dispute, which must be confirmed by references to the relevant norms of the current legislation and various documents.

If everything is filled out correctly, the court accepts the claim for consideration and subsequently makes a decision on it within five days

Stages of the procedure

First of all, you need to find out whether it is even possible to privatize your housing, since in accordance with the law it is impossible to register an apartment as private property if it is located on the territory of a military camp. It is also worth noting that before privatization, a social tenancy agreement must be drawn up for housing, and if the housing is departmental, then in this case it can be privatized only with the consent of the leadership of the military unit.

After the agreement or consent for privatization has been drawn up, you need to draw up a full package of documents that are required to carry out this procedure. In particular, you need to order the design of the floor plan of the house and the apartment itself. In addition, it will be necessary to determine the circle of persons participating in the privatization procedure.

If a person who is participating in the privatization of real estate has already been registered somewhere before, he will need to take a certificate from his old place of residence stating that he has not previously used the right to privatize, since according to the law, each person has the right to register only one housing throughout life. It is worth noting that this stage most often takes a lot of time, since certificates are most often required from other cities, and you have to wait for the corresponding letter.

Next, an extract from the house register is drawn up, and it must indicate all the persons who have a residence permit in this apartment. However, this document must be completed immediately before filing a claim, since it is valid for 14 days.

Ultimately, you will need to come with all the papers to the Department of Housing Policy, which is responsible for the place of residence. There you will need to draw up a privatization agreement, which is subsequently transferred to the registration service department for registration of ownership.

Nuances of privatization in closed military camps

In accordance with the legal regime of official premises, a military personnel must have more than 10 years services in order to be able to privatize their own housing, but this can only be done if it is not located on the territory of a closed town. If the housing is located in an open military camp, it is privatized in the same way as a standard municipal premises.

The only exception to this rule is the situation related to the opening of a town and the further transfer of real estate to municipal ownership.

If you are dismissed for health reasons or due to layoffs, you can privatize housing regardless of your length of service, and if a person has served more than 20 years, then in this case he is provided with a special benefit, providing the opportunity to register housing as private property free of charge.

Disputed objects

There is a certain number of situations when refusal to privatize housing can be challenged in court, but it is better to understand in advance when such an opportunity exists and when it does not:

Apartment	The transfer of apartments to military personnel is a rather lengthy and complex procedure, which is mainly due to various shortcomings in the current legislation. In particular, according to the law, every employee has the right to use the services of public utilities, but at the same time he does not have the right to become the full owner of this real estate, and therefore the military is most often forced to resolve the issue of privatization in court. In this case, problems often arise for the reason that the housing is not municipally owned, but belongs to the Ministry of Defense, and in addition, the house in which the applicant is located may not have an owner or even a management company.
Country cottage area	Basically, no problems arise, since if this territory was provided with the rights of permanent, unlimited use or, in principle, without specifying any rights, it is not necessary to formalize a privatization transaction. That is, in this situation, there is no need to file an appeal to the administration and ask for the transfer of this plot to personal ownership, since in fact the state has already provided this property into the possession of an individual.
Service housing	If an employee decides to exercise his legal right to privatize housing, he should remember several important nuances: an apartment that is registered under privatization rights must fully meet the requirements set forth in the current Housing Code regarding housing provided to military personnel; the apartment should not be located on the territory of a closed military camp; the military man must have officially been assigned the status of someone in need of improved living conditions; a military man must have the legal right to register housing as private property.

Additional details

In addition, there are also several equally important nuances that may be useful to some categories of citizens when applying for privatization of official housing.

Conditions for pensioners

Military pensioners can be provided with housing in different variations, namely by:

• delivery of a one-time payment;
• military mortgage;
• housing subsidies.

The judicial procedure is used in this case only if a military pensioner wants to privatize an apartment transferred to municipal ownership. In this situation, officials often abuse their position, and therefore they develop into serious conflicts, which are already resolved in the judicial process.

Possible benefits and mortgages

In accordance with current legislation, military veterans can pay only 50% of the total or living area of ​​the apartment, receive a 50% discount on the use of utilities, or use this discount to purchase fuel in the required quantity.

Also, the military may be provided with a special mortgage, which is the drawing up of an equity participation agreement. The main feature of such a transaction is that the purchased property costs the employee much less in comparison with a finished apartment, but in some situations it turns out that the building is not completed or the work is not performed in the best possible way.

Instead of providing a ready-made apartment, a military man may be provided with a one-time cash allowance, which will depend on the standard for the area of ​​the purchased housing, the market value for each square meter, as well as a number of additional coefficients, which mainly come from length of service

Proceedings through the court

In order to go to court, you must first send a special request to the Housing Department, which must issue a permit for privatization.