The procedure for classifying residential premises as office premises. Legislative base of the Russian Federation. Classification of residential premises as a specialized

CLASSIFICATION OF RESIDENTIAL PREMISES TO SPECIALIZED

Judicial practice and legislation - Decree of the Government of the Russian Federation of 01/26/2006 N 42 (as amended on 07/18/2016) "On approval of the Rules for classifying residential premises as a specialized housing stock and standard contracts for hiring specialized residential premises"

Office living quarters include separate apartments; both all living quarters of such a house and part of the living quarters in this house can be used for office living quarters in an apartment building (see clause 5 of Decree of the Government of the Russian Federation of 01.26.2006 N 42 "On Approval of the Rules for Classifying Residential Premises as Specialized Housing and Model Contracts for the Lease of Specialized Residential Premises"). Service living quarters are intended for the residence of citizens in connection with the nature of their labor relations with the body state power, local government, state or municipal unitary enterprise, state or municipal institution, in connection with the service.

Order of the FASO of Russia dated 06/08/2015 N 17n (as amended on 07/18/2016) "On the inclusion of residential premises of the housing stock of the Russian Federation assigned to the Federal Agency for Scientific Organizations, territorial bodies of the Federal Agency for Scientific Organizations and organizations subordinate to the Federal Agency for Scientific Organizations, on the right of operational management and economic management, to a specialized housing stock with attribution of such premises to a certain type of residential premises of a specialized housing stock, as well as the exclusion of residential premises from a specialized housing stock, the provision of office premises in the central office and territorial bodies of the Federal Agency for Scientific Organizations, the provision residential premises or residential premises in dormitories in organizations subordinate to the Federal Agency for Scientific Organizations" (together with the "Procedure for the inclusion of residential premises of the housing stock of the Russian Federation assigned to federal agency Scientific about and Rules are subject to living quarters in the form of a separate apartment suitable for permanent residence of citizens (meeting the established sanitary and technical rules and regulations, fire safety requirements, environmental and other requirements of the legislation of the Russian Federation).

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

1) service living quarters;

2) living quarters in dormitories;

3) living quarters of the mobile fund;

4) living quarters in the houses of the system of social services for citizens;

5) living quarters of the fund for temporary settlement of forced migrants;

6) living quarters of the fund for temporary accommodation of persons recognized as refugees;

7) housing for social protection certain categories citizens;

8) living quarters for orphans and children left without parental care, persons from among orphans and children left without parental care.

2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is allowed only after such premises are classified as specialized housing stock in compliance with the requirements and in the manner established by the federal executive body authorized by the Government of the Russian Federation, with the exception of cases established by federal laws. The inclusion of a dwelling in a specialized housing stock with the assignment of such a premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund are carried out on the basis of decisions of the body managing the state or municipal housing stock.

3. Specialized living quarters are not subject to alienation, lease, lease, except for the transfer of such premises under the lease agreements provided for in this section.

Commentary on Art. 92 ZhK RF

1. The commented article establishes the types of residential premises classified as specialized housing stock.

Service living quarters are intended for the residence of citizens in connection with the nature of labor relations, military service, as well as with the election of a citizen to an elective position in public authorities or local governments.

From January 1, 2013 according to federal law dated February 29, 2012 N 15-FZ part 1 will be supplemented by paragraph 8 of the following content: “8) living quarters for orphans and children left without parental care, persons from among orphans and children left without parental care ".

Dormitories are also intended for temporary residence of workers, employees, students during the period of work or study.

Residential premises of the mobile fund are intended for temporary residence of citizens in connection with overhaul residential premises occupied by them under a lease agreement or a social tenancy agreement and in other cases provided for by law.

Specialized housing stock in the system of social protection bodies and houses for other special purposes are intended for living in need of special housing. social protection citizens.

Specialized living quarters are provided for temporary residence to citizens who are recognized as internally displaced persons and refugees.

Specialized living quarters are intended for the residence of citizens in need of special social protection.

2. Decree of the Government of the Russian Federation of January 26, 2006 N 42 approved the Rules for classifying residential premises as specialized housing stock, which establish the procedure and requirements for classifying residential premises of state and municipal housing stock as specialized housing stock. Attribution of residential premises to a specialized housing stock is not allowed if the residential premises are occupied under contracts of social tenancy, rental of residential premises that are in state or municipal ownership of the housing stock for commercial use, lease, and also if there are encumbrances on the rights to this property.

Residential premises classified as specialized housing stock must be suitable for citizens to live in (meet the established sanitary and technical rules and regulations, fire safety requirements, environmental and other legal requirements), be well-maintained in relation to the conditions of the corresponding settlement.

3. The inclusion of a dwelling in a specialized housing stock with the attribution of such premises to a certain type of residential premises of a specialized housing stock and the exclusion of a dwelling from the specified fund are made on the basis of a decision of the body managing the state or municipal housing stock, taking into account the requirements established by the said Rules.

Specialized housing fund is created:

- by a state authority of the Russian Federation - in the houses of the state housing stock owned by the Russian Federation;

- public authorities of the subjects of the Federation - in the houses of the state housing stock, owned by the subjects of the Federation;

- by local governments - in the houses of the municipal housing stock.

The use of a residential building as a specialized one is allowed after its registration with the said bodies as a specialized one. During registration, the compliance of the residential building with the requirements for this type of specialized housing stock is checked. In case of non-compliance with the requirements for residential buildings of a specialized housing stock, registration of residential buildings and residential premises is not carried out, and, accordingly, residential premises cannot be used as specialized ones. Registration of a residential building as a specialized one must be certified by the issuance of an appropriate document (registration certificate) by an authorized state authority or local self-government body. The exclusion from the number of premises of specialized housing stock is carried out by the relevant state authority or local government.

4. The legislation introduced restrictions on the use of residential premises of specialized housing stock. These premises in the specialized housing stock are not subject to lease or commercial lease and privatization. These restrictions are established for state authorities, local governments, as well as legal entities, in the economic management or operational management of which there is a specialized housing stock. Restrictions on the use of specialized residential premises are also established for tenants (see commentary to Article 100 of the LC).

On the approval of the Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into a specialized housing stock with reference to official residential ...

MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

ORDER

On approval of the procedure for including residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises in the Ministry Finance of the Russian Federation

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 04/19/2018, N 0001201804190029).
____________________________________________________________________

In order to implement the provisions of the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48 , item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590 ; N 49, art. 7027, 7061; N 50, art. 7337, 7343, 7359; 2012, N 10, art. 1163; N 14, art. 1552; N 24, art. ; N 27, art. 3587; N 31, art. 4322; N 53, art. 7596; 2013, N 14, art. on disposal of residential premises of the housing stock of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 13, art. 1511),

I order:

1. Approve the attached procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, in a specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises at the Ministry of Finance of the Russian Federation.

2. The Administrative Department (V.I. Brodsky) to carry out organizational and technical measures related to the provision of official residential premises in the Ministry of Finance of Russia.
by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.

3. To impose control over the execution of this order on the Deputy Minister of Finance of the Russian Federation A.O. Kotyakov.
(Paragraph as amended, put into effect on April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.

Minister
A. Siluanov

Registered
at the Ministry of Justice
Russian Federation
July 12, 2013
registration N 29044

The procedure for including residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises in the Ministry of Finance of the Russian Federation Federations

I. General provisions

1. This Procedure was developed in accordance with the Housing Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, article 5084; 2008, N 17, article 1756; N 20, article 2251; N 30, article 3616; 2009, N 23, article 2776; N 39, art. 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30 , item 4590; N 49, item 7027, 7061; N 50, item 7337, 7343, 7359; 2012, N 10, item 1163; N 14, item 1552; N 24, item 3072; N 26 , Art. 3446; N 27, Art. 3587; N 31 Art. 4322; N 53, Art. 7596; 2013, N 14, Art. executive authorities for the disposal of residential premises of the housing stock of the Russian Federation "(Collection of Legislation of the Russian Federation, 2010, N 13, Art. 1511), and determines the procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Minister by the Finance Ministry of the Russian Federation on the right of operational management, into a specialized housing stock (hereinafter referred to as the specialized housing stock of the Ministry of Finance of Russia), the procedure for excluding residential premises from this fund, as well as the procedure for providing residential premises of the specialized housing stock of the Ministry of Finance of Russia for use by state civil servants of the Ministry of Finance of Russia.

2. The specialized housing stock of the Ministry of Finance of Russia consists of official residential premises (hereinafter - official residential premises of the Ministry of Finance of Russia).

3. Official residential premises of the Ministry of Finance of Russia are provided for use by civil servants of the Ministry of Finance of Russia who are not provided with residential premises at the place of civil service in the manner prescribed by the legislation of the Russian Federation and this Procedure.

4. Office premises of the Ministry of Finance of Russia are not subject to alienation, lease, lease, except for the transfer of such premises under lease agreements provided for in Section IV of the Housing Code of the Russian Federation and this Procedure.

II. The procedure for the inclusion (exclusion) of residential premises in the specialized housing stock of the Ministry of Finance of Russia

5. Residential premises of the housing stock of the Russian Federation transferred to the Ministry of Finance of Russia for operational management are subject to inclusion in the specialized housing stock of the Ministry of Finance of Russia.

6. Inclusion in the specialized housing stock of the Ministry of Finance of Russia in accordance with clauses 4 and 5 of the Rules for classifying residential premises as specialized housing stock and standard contracts for the employment of specialized residential premises, approved by Decree of the Government of the Russian Federation of 01.26.2006 N 42 (Collected Legislation of the Russian Federation, 2006 , N 6, Art. 697) (hereinafter referred to as the Rules) are subject to living quarters in the form of a separate apartment suitable for permanent residence of citizens (meeting the established sanitary and technical rules and regulations, fire safety requirements, environmental and other legal requirements), well-maintained in relation to conditions of the city of Moscow.

7. The inclusion of the said residential premises in the specialized housing stock of the Ministry of Finance of Russia is not allowed if they are occupied under contracts of social tenancy, rental of residential premises owned by the Russian Federation housing stock for commercial use, lease, and also if they have encumbrances on the rights to this property.

8. Decisions of the Ministry of Finance of Russia on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia with the attribution of residential premises to the official residential premises of the Ministry of Finance of Russia, on the exclusion of residential premises from the specified fund are taken on the basis of the following documents provided for in clause 13 of the Rules:

- application of the Administrative Department on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia addressed to the Minister of Finance of the Russian Federation;

- a document confirming the right of operational management of the dwelling;

- technical passport of the dwelling;

- Conclusion on the conformity of the premises with the requirements for it.

9. Attribution of residential premises to official residential premises of the specialized housing stock of the Ministry of Finance of Russia (exclusion of official residential premises from the specialized housing stock of the Ministry of Finance of Russia) is carried out in accordance with the Rules.

10. If the official residential premises of the Ministry of Finance of Russia are recognized in accordance with the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of 01.28.2006 N 47 (Collection of Legislation of the Russian Federation, 2006, N 6, art. 702; 2007, N 32, art. 4152; 2013, N 15, art. specialized housing stock of the Ministry of Finance of Russia.

11. Decisions on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia, with the attribution of such premises to official residential premises, on the exclusion of residential premises from the said fund, are drawn up by order of the Ministry of Finance of Russia, prepared by the Administrative Department.

12. In accordance with clause 14 of the Rules, the decisions specified in clause 11 of this Procedure are sent by the Administrative Department within 3 days from the date of their adoption to the body that registers rights to real estate and transactions with it in the city of Moscow.

III. The procedure for providing official residential premises in the Ministry of Finance of Russia

13. The provision and use of residential premises as a service is allowed only after such premises are assigned to the specialized housing stock of the Ministry of Finance of Russia in accordance with.

14. Office living quarters are provided to state civil servants of the Ministry of Finance of Russia, who are not provided with living quarters in the city of Moscow, in connection with their passing the state civil service and filling the position of the state civil service in the Ministry of Finance of Russia.

Service living quarters are provided to civil servants of the Ministry of Finance of Russia for the period of their passage of state civil service in the Ministry of Finance of Russia, specified in the service contract for the passage of the state civil service.

15. The decision to provide office accommodation is made by the Minister of Finance of the Russian Federation and formalized by order of the Ministry of Finance of the Russian Federation.

16. To consider the issue and prepare proposals for the provision of official housing, state civil servants of the Ministry of Finance of Russia submit to the Administrative Department an application addressed to the Minister of Finance of the Russian Federation, to which the following documents are attached:

1) a petition addressed to the Minister of Finance of the Russian Federation:

a) the supervising Deputy Minister of Finance of the Russian Federation - in relation to civil servants of the Ministry of Finance of Russia replacing the positions of the state civil service of the category "heads" of the highest group of positions of the state civil service (with the exception of civil servants of the Ministry of Finance of Russia replacing the position of Deputy Minister of Finance of the Russian Federation);

b) the director of the department, in agreement with the supervising Deputy Minister of Finance of the Russian Federation - in relation to civil servants of the Ministry of Finance of Russia replacing positions of the state civil service of other categories and groups of positions of the state civil service;

2) extracts from the Unified State Register of Real Estate on the absence of ownership of a state civil servant of the Ministry of Finance of Russia and members of his family of residential premises in the city of Moscow.

In the application, a state civil servant of the Ministry of Finance of Russia indicates, among other things, information about the composition of the family of a state civil servant of the Ministry of Finance of Russia, information on the number of citizens registered in a residential building (if registered at the place of residence), and the degree of their relationship, as well as information about the type and the nature of the dwelling (if there is registration at the place of residence).
(Clause 16 as amended, entered into force on April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.

16.1. Verification of the completeness and reliability of the information specified in the application by civil servants of the Ministry of Finance of Russia is carried out by the Administrative Department by sending requests to the authorized bodies.
(The paragraph was additionally included from April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n)

17. The contract for the rental of office premises is concluded between the Ministry of Finance of Russia (Landlord) and a civil servant of the Ministry of Finance of Russia (Tenant) on the basis of an order of the Ministry of Finance of Russia in accordance with a standard contract approved by Decree of the Government of the Russian Federation of January 26, 2006 N 42 "On approval of the Rules attributing residential premises to specialized housing stock and standard contracts for the rental of specialized residential premises.

18. The transfer (acceptance) to the tenant of the official residential premises is carried out by the Administrative Department according to the act of acceptance and transfer and technical condition office dwelling.

19. The use by the Tenant of the provided service residential premises is carried out in accordance with the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25 (Collected Legislation of the Russian Federation, 2006, N 5, Art. 546), and other requirements established housing legislation of the Russian Federation.

20. Office living quarters are not subject to alienation, privatization, booking, exchange, sublease, reorganization and re-planning.

21. Termination of the contract for the rental of office premises is carried out on the grounds provided for in Article 102 of the Housing Code of the Russian Federation, as well as in the event of the Tenant's dismissal from the state civil service in the Ministry of Finance of Russia, with the exception of cases provided for in part 2 of Article 102,.

22. The contract for renting office accommodation may be terminated at any time by agreement of the parties.

The tenant of the service dwelling may at any time terminate the contract for the lease of the service dwelling.

The lease agreement for office premises may be terminated in court at the request of the Landlord if the Tenant and members of his family living together with him fail to fulfill obligations under the agreement for renting office premises, as well as in other cases provided for in Article 83 of the Housing Code of the Russian Federation.

23. In accordance with Part 1 of Article 103 of the Housing Code of the Russian Federation, in the event of termination or termination of the contract for the rental of office premises, the Tenant and members of his family must vacate the office premises that they occupied under this agreement. In case of refusal to vacate the office premises, the Tenant and members of his family living together with him are subject to eviction in court without the provision of other residential premises, with the exception of cases provided for by part 2 of article 102, part 2 of article 103 of the Housing Code of the Russian Federation.

24. When the office premises are vacated, the Tenant is obliged to hand it over in proper condition according to the act of acceptance and transfer and the technical condition of the office premises with the provision of documents proving the absence of debts on utility bills.



Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On approval of the procedure for including residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises in the Ministry Finance of the Russian Federation (as amended as of March 28, 2018)