Warrant for residential premises

A warrant will be required to move into a residential space in the buildings of the state or public housing fund. The presence of a warrant gives rise to two types of legal relations: administrative and civil. In this article, our experts, specialists of the law office Prykhodko and Partners will analyze the procedure for obtaining a warrant for residential premises in modern realities.

Who can expect to receive a warrant?

Citizens of Ukraine whose purpose is to improve existing living conditions can become the manager of a warrant for residential premises. In order to receive this document to establish the right to use housing, it is necessary to register for a special registration.

The circumstances that will allow obtaining a warrant for residential premises are described in detail in Article 34 of the Housing Code of Ukraine. In particular, the following factors are taken into account:

• The person has a dwelling, the area of ​​which does not meet the established standards.
• Non-compliance of existing housing with technical and sanitary standards.
• Residence of a person in a rented apartment, dormitory.
• The presence of a person with chronic diseases that do not allow him to live in the same apartment with other family members.

The factors listed above are the basis for a person to enter the apartment register.

Is it possible to privatize housing if the warrant is lost?

The warrant belongs to the documents of strict reporting. However, there are cases when it cannot be found. The first thing to do is to apply to the authorities and ZHEK. If this option did not help, the only solution will be to go to court.

We recommend that you prepare for this, namely: collect all the necessary documents that will prove the legality of moving in and further living in the apartment.

The next stage is the execution of an employment contract with ZHEK/other service organizations. To expand the right to property, it will be necessary to transfer it to private ownership.

What information is indicated in the order?

To begin with, let’s consider the content of the concept of “order”. A warrant is an administrative act issued by the executive body of local self-government. The warrant is issued on the basis of a single form, which is established in the appendices to the Rules for apartment accounting.

Mandatory order details include:

1. Indication of the body that issued it.
2. Date of issuing the order.
3. Series and order number.
4. Personal data of the owner of the warrant (name, family composition, etc.).
5. Characteristics of the residential premises provided.

The validity of the warrant for obtaining residential premises is 30 days. After this period expires, the legitimacy of the order is lost. Its extension is possible only if there are valid reasons. After the warrant is issued, its owner and his family members (provided that they are specified in the warrant) move into the residential premises.

Important: the warrant gives the right to occupancy. However, it does not give the right to use residential real estate.

To use the apartment of the state fund, after the order is transferred, the balance holder must necessarily draw up a rental agreement. Thus, a warrant for an apartment does not equal the right to freely dispose of property. You will not be able to rent, sell, etc. such housing. The only option is the privatization of residential premises. This means that it must be transferred from the state housing fund to private ownership.

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