There is no clear definition of the term “service premises” in modern Ukrainian legislation. Analyzing the provisions of the current regulatory and legal acts, an office apartment is a room that is owned by the state or communal enterprises. Temporarily, in connection with the peculiarities of working relations, such housing can be used for the residence of employees. In this article, our experts – lawyers Prykhodko and Partners will consider the following question: how is the exclusion of an apartment from the number of official ones.
Who can expect to receive an office apartment?
In accordance with current legislation, service apartments and other premises are provided to certain categories of persons specified in the List (Article 119 of the Housing Code of Ukraine).
The purpose of an office apartment is to provide workers with the opportunity to live close to their place of work. At the same time, the special nature of their work is of decisive importance.
Service apartments are provided by representatives of the management team:
- Profile institution.
It should be noted that factors such as:
- Whether or not they are registered.
- Availability of benefits, etc.
When providing an official apartment, a person must undergo state registration of the place of residence and permanently reside in the settlement where his place of work is located – institution, enterprise, organization.
In most cases, office premises are provided for all members of the employee’s family.
How can an apartment be excluded from the number of service apartments?
Article 2 of the Law of Ukraine “On the Privatization of the State Housing Fund” specifies that it is impossible to privatize apartments and other real estate objects that are defined as official in accordance with the procedure established by law.
This means that before the privatization procedure, the first step should be to remove the apartment from the number of service apartments. Among the reasons that allow you to do this:
- There is no need to operate the apartment as an office.
- Submission of a corresponding request from representatives of the administration of the institution, body, enterprise, institution.
Important: if the housing is excluded from the official category without making a decision to evict the family that lived in the official apartment, this means the actual provision of the apartment to this family for the realization of the possibility of permanent residence.
Therefore, it is imperative to find out the issue of the stay of an employee of the enterprise and his family members on the apartment register, the presence/absence of the possibility of privatization, etc.
Thus, the first step towards the privatization of an office apartment is to exclude it from the category of office apartments.
Assistance of lawyers in the procedure of removal of an apartment from the number of employees
Thus, the privatization of an official apartment is a procedure that begins with such an important stage as the removal of an apartment from the number of official apartments. Provision of an office apartment in private ownership is possible in cases where it is necessary to improve living conditions.
In accordance with the current Ukrainian legislation, it is not allowed to evict a person and his family from the office premises without providing an alternative option, that is, other housing.
Therefore, the procedure for removing an apartment from the number of official ones is quite complicated and involves the involvement of professional lawyers.
Prykhodko and Partners specialists will help you to solve any problems related to real estate as quickly as possible.
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