Order for housing. How to recover a lost order for an apartment

1. What to do in case of loss of the order?
2. What documents are required?
3. What to do if there are problems with the new contract?
4. Where to get a warrant for an apartment
5. Where to get a warrant for an apartment, if it is lost, and you need to privatize the apartment?
6. What really need
7. Registration and restoration of the contract
8. Order recovery
9. Conflict situations

Content of the article:

What is a warrant for an apartment. Where to go when it is lost. Required documents to recover the document.
The warrant is a documentary basis for an apartment, allowing the legal entity to obtain permission to move into a dwelling. This document must be kept by the property owner. He becomes popular in the case of any action involving the change of ownership of the apartment, privatization, sale, exchange, donation.

What to do in case of loss of the order?

If a warrant for an apartment is irretrievably lost and his search does not give the desired result, do not panic - you will be given a similar certificate. The loss of this document does not deprive the owner of the right of residence or the privatization of this living space. According to the new law regulating property relations with the real estate industry, copies of orders are not re-issued. The absence of this document is not critical, but will require additional time and nerves.

In order to reassure themselves and to document their rights to living space, they need to re-receive a social contract of employment. It fully replaces the warrant for the apartment and has similar legal functions suitable for privatization, sale. Naturally, the privatization process or the sale of an apartment is possible if the housing has no legal restrictions.

There is another option how to take a document with less hassle, but with a small probability of success. You can try to get the documents from the company serving your apartment. For the application, an application is submitted for the provision of a control coupon to the original order. It is hoped that more responsible employees work in the company and keep an archive of all the necessary papers, in which case you will be lucky and you will get a ticket in your hands instead of a warrant. Otherwise, it remains to be content only with the certificate that the coupon has not been preserved, it can only be useful in a court process.

What documents are required?

Recovery process or reissue warrant or any documents for the apartment is very troublesome, it is worth getting a good exposure and patience. Our bureaucratic system can be "overcome" only by perseverance. Therefore it is necessary to run on government agencies , collecting a list of required papers for an apartment, both for sale or privatization.

The first step is to contact your local administration. They will tell you in detail what documents will be needed and where they will apply. In the same place, the tenant writes a statement addressed to the head of the Administration with a view to renewing the social rental contract.

The application is written in free form with the display of the reason for the absence (loss) of an apartment warrant. It may indicate the purpose of the contract, for example, the privatization procedure or donation. The list of required papers is as follows:

• Extract (complete) from the house book.
• Help from the BTI.
• Photocopies of passports registered residents.
• Documents confirming your right to this apartment such as utility bills.

After overcoming all the “obstacles” and collecting the paperwork requested, you submit a package of documents to the first instance. Within 30 days (often the period may increase due to the fault of employees) you can get a new social contract of employment.

It is necessary to take into account the number of adults registered in the apartment who can claim the right to a part of the property. Therefore, there are difficulties with issuing the required documents in one hand, any instance may require documentary evidence of the consent of relatives. In this case, a notarized power of attorney is issued for the right to dispose of the property. It is coordinated with all interested persons, certified copies of passports are attached to it. A similar procedure is peculiar to the privatization process.

What to do if there are problems with the new contract?

If everything is in order and the contract of renting a folder with documents in you, then on its basis you are entitled to treat the apartment at your discretion. This is an important document for privatization or sale, only if it is available it is possible to conduct the relevant transactions.

If you have not renewed the rental agreement for an apartment, then you should know that it is completely illegal. The decision may make an appeal to the courts. The process will take much longer, but the option is definitely a winning one.

In a situation of refusal to accept an application for a social contract for unknown reasons, under the law you have the right to require written registration of the refusal. With him you will also win the process by court order . In court, you need to prove the fact of using this living space on the basis of a warrant, privatization or purchase documents. Evidence and indisputable proof of your innocence are:

• passports of all adult residents with registered registration information;
• certificate from the house book;
• extract from the personal account of the apartment;
• the testimony of neighbors who will confirm the fact of living in the apartment;
• other arguments confirming the legality of your introduction.

The decision of the judicial authority will allow you to get a contract on the basis of a legal ruling, which no one can challenge. Having received the document in your hands, you will be able to freely dispose of the apartment at its discretion, for the sale, privatization or donation.

The warrant for the apartment is a document giving the right to move. But what if the order is lost?

Where to get a warrant for an apartment

In the event that a warrant for an apartment is lost, then you in no way lose your right to live in this apartment. AT this moment copies of orders are not issued in the territory Russian Federation . But do not worry, the absence of a warrant will not affect your rights to the living space.

In that case, if you just want to calm yourself down and have at least some kind of document in your apartment, then you just need to renew the social contract.

In order to renew the social rental agreement for your apartment, you will need to apply to the Administration of your district. The application is written in free form, in which you indicate the reason, in this case I will lose the order. They will also explain to you what documents are required from you. Specifically, they will demand from you:

• Full extract from the house book
• Photocopies of passports of all who live in this apartment
• Any documents confirming your right of residence, such as utility bills

After that, within 30 days you will receive a new social contract of employment.

Where to get a warrant for an apartment, if it is lost, and you need to privatize the apartment?

In this case, it is necessary to follow the same path, which is described in the first variant. If everything is in order and you received a social contract of employment, then on the basis of it you can privatize your apartment.

If you are denied renegotiation of a social rental contract for the privatization of an apartment, then it is illegal. This issue is solved very simply - you need to file a lawsuit in court. By a court decision, a new social contract of employment will be executed and you will be able to privatize the apartment.

Naturally, you can privatize an apartment only if this living space does not have restrictions on privatization.

Back in Soviet times, a confirmation of housing rights served as a warrant for him, since privatizing or redeeming residential real estate without him it was simply impossible. If such a document is lost, a logical question arises as to how to restore the apartment order, where to get it and where the relevant information is stored.

The warrant for a non-privatized apartment was the main document issued by the executive committee as a permission to move in and live in a room. It was some kind of analogue to the modern evidence of ownership of a real estate object, or even more likely an analogue of a social rental contract. Today, the order has lost its legal force.

In accordance with all the changes in the current Housing Code Russian Federation, title documents on municipal property now stand commercial contracts social contracts and treaties gratuitous use . The same documents contain information about the apartment. It is worth noting that commercial contracts do not establish limiting conditions, but are deprived of the right to execute.

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What really need

To conclude an agreement giving the right to an apartment, you must visit the Housing Policy Department with a list of ready documents:

• Personal passport and identification code (of the applicant and his family members who will live with him);
• Papers certifying the kinship between the above citizens, who will receive a residence permit in the apartment;
• Order for living space, as a basis for appeal - is not required, but it speeds up the process of registration.

After checking the submitted documents, the information about the applicant will be entered into the electronic database. The applicant should expect an official response, which will be sent in writing. With this advantage will be given to individuals who do not have their own housing, real estate. The income received by the applicant’s family will also be taken into account.

When approving the application with a person signs, after which it will be possible. The order is rented irrevocably. If citizens use an apartment under a formal employment contract, they do not have rights to privatize.

Registration and restoration of the contract

To date, housing orders are replaced by many different contracts. So, filling out documents for an apartment, the order is changed to a commercial or social contract about gratuitous use. If it is not there or it is lost, it will be impossible to sign contracts, and therefore privatize housing. Therefore, it is necessary to deal with the issue of order restoration immediately after its loss, since in the future the process will only become more complicated. In addition, to take a duplicate at any time will not succeed, since it takes more than one day to receive it.

To restore the contract, do the following:

• To come to the maintenance department with a request to issue a copy of the detachable part of the coupon from the order that is lost. It is in this organization that it is stored. If this document is not there, that is, in fact, a person receives a refusal to issue a copy, you need to demand that you give an official certificate that the ticket is missing.
• Contact local administration settlement on the location of the apartment, with a statement regarding. If the administration refuses, a refusal should be requested in writing, since this document is further referred to the court to challenge the decision.

Order recovery

To privatize residential municipal apartment , you must provide a warrant. If he was lost or damaged, you should deal with his recovery. This document displays information about the owner of the living space and members of his family who live with him and are entitled to it. If the owner specified in the order has died, the right to privatize the property passes to his relatives. There are several options to restore the order if it is lost:

• Apply regional administration application by location immovable object where data on the issuance of the order are stored, and there are records from the house book, along with copies and corners of documents;
• If there is no information in the regional administration, care should be taken to draw up a contract of social hiring.

To sign an agreement on social hiring also filed an application. A refusal, if there is no reason for it, must be challenged in court.

Speaking about the possibility of privatizing an apartment for a fee, a copy of the order can be obtained at the department of the migration service at the place of residence.

Conflict situations

The refusal, which can be obtained when restoring your rights to an apartment when the warrant for it has been lost, must necessarily have a good reason. Depending on them, it is determined what to do in each specific situation.

Russia, Krasnoarmeyskoe

10.10.2017 at 16:12

Hello! Previously, I lived in a boarding house for the disabled. Now I live a civil marriage with a girl in her apartment. Apartment bought on maternal capital . But now the third month I can not register for it, since there is no warrant for the apartment. Only the contract of sale. Where she and two children are registered. So it makes no difference to me just a boarding house takes 75% of the pension. And what kind of fines does the MFC face? At the moment I have no registration. And for that they want to fine me? But it’s not my fault to draw up the paperwork process. In the pension fund and how much time such processes usually take.

The registration of citizens of the Russian Federation at the place of residence and at the place of residence within the Russian Federation is kept by the Ministry of the Interior of Russia (paragraph 49 of clause 11 of the Regulations, approved by Presidential Decree No. 699 of December 21, 2016). Citizens of the Russian Federation who have arrived for a period of more than 90 days for temporary residence in residential premises that are not their place of residence are obliged before the expiration of this period to apply to the persons responsible for receiving and transferring documents to the territorial body of the Russian Interior Ministry for registration (part 1 of 5 of the Law of June 25, 1993 N 5242-1). In addition, when changing a place of residence, a citizen of the Russian Federation is obliged not later than seven days from the date of arrival at the new place of residence to apply to the persons responsible for receiving and transferring documents to the territorial body of the Ministry of Internal Affairs of Russia for registration and removal from the register at the place of stay and place residence (part 1 of article 6 of the Law N 5242-1). During the FIFA World Cup 2018 (from May 25, 2017 to July 25, 2017) and the FIFA Confederations Cup 2017 in Russia (from June 01, 2017 to July 12, 2017), the citizens of the Russian Federation, who arrived, in particular, in Moscow and St. Petersburg for temporary residence (with the exception of hotels, resorts, rest homes and other places of temporary residence) or a new place of residence, are required no later than three days from the date of arrival to apply to the territorial office of the Ministry of Internal Affairs of Russia for registration. This requirement does not apply to participants in events (clauses "a", "e", clause 4 of the Decree of the President of the Russian Federation of 05.05.2017 N 202). 1.1. Administrative responsibility for residence of a citizen of the Russian Federation at the place of residence or at the place of residence without registration For residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential area without registration administrative responsibility is provided in the form of a fine in the amount of 2,000 to 3,000 rubles. The tenant or owner of the dwelling ( individual ) are held liable in the form of a fine in the amount of from 2,000 to 5,000 rubles, if he allowed persons to live without registration at the place of stay or place of residence over the period established by law (part 1 of article 19.15.1 of the Administrative Code of the Russian Federation) Consultant Plus 2017