GVP answers: the Right of citizens to privatisation of premises
Hello! The lieutenant colonel of a stock, and, being it, one year ago has received habitation on DSN. How I can privatise it, only through court?
Vadim Minjaev, St.-Petersburg
the Right of citizens to privatisation occupied with them under the contract of social hiring of premises is established by point 6 of article 15 of the Federal law from May, 27th, 1998 ¹ 76 - FZ “ About the status of military men “ article 2 of the Law of the Russian Federation from July, 4th, 1991 ¹ 1541 - 1 “ About available housing privatisation in the Russian Federation “.
Transfer of premises to the property of citizens is carried out by bodies and the organisations to which the available housing, by registration of the corresponding contract is fixed.
From your question, unfortunately, it is not seen, who to you gives premises under the contract of social hiring and it is in whose property.
In case it is the municipal property for the decision of a question on its privatisation you should address in local governments.
If the premises are the property of the Russian Federation in the name of the corresponding ministry (department) the duty on realisation of its privatisation by citizens by the law is assigned to this ministry (department).
Refusal of officials of these bodies in the conclusion of the contract on transfer of occupied premises to the property is the basis for a reference to the court with the claim about a recognition of the property right to these premises.
the Property right to premises arises from the moment of the state registration of the right in the Uniform state register of the rights to real estate and transactions with it.