Despite the fact that the new Housing Code of the Russian Federation does not provide a clear legal definition for the term “specialized housing stock”, the law allocates a whole section to this concept (19 of the Housing Code of the Russian Federation) in order to somehow regulate life situations associated with such objects. In life, there is a specificity of people living in rooms of this type, which means there is a need for a legally regulated procedure.
Types of residential premises of a specialized fund
In the legislation, the definition of this term is formulated by an exhaustive enumeration of the types of premises that are classified as a special housing stock. Historically, this list has changed, but at present, according to the law, it is customary to refer to residential premises of a specialized type:
- (for example, service apartments for the military, officials, teachers, doctors, etc.);
- (for example, housing to which it is proposed to move in connection with the reconstruction or overhaul of the house, for more details, see Article 95 of the Housing Code of the Russian Federation);
- housing in (for example, homes for the disabled, the elderly, children without parents);
- housing fund for temporary settlement of internally displaced persons, persons recognized as refugees;
- living quarters for social protection certain categories citizens (eg. large families, spouses with disabilities, etc. for more details - in Art. 188 ZhK RF);
- , persons from among orphans and children left without parental care.
All these types of housing have two common features:
- it can only apply to the state or municipal property and no legal entity can create a specialized housing stock;
- exists general order recognition of any premises as specialized.
Features of residential premises of a specialized fund
Service living quarters: definition, features of hiring, documents required for this, social hiring, the possibility of privatization
What is the home of the system social service population, what categories of citizens can live there, what rights are preserved when moving to such a house - these and other issues are covered in the article
How to get housing for an orphan, what documents are needed for registration, what are the rules and conditions for obtaining preferential housing, whether an orphan can be evicted - these and other questions on this topic are covered in the article
The allocation of housing from the mobile fund in the event of forced evacuation of citizens is provided for by the Housing Code
Refugees and internally displaced persons have different legal status. However, both of them can apply for the use of residential premises.
Rules for the inclusion of housing in a specialized housing stock
On January 26, 2006, the Government of the Russian Federation adopted Decree No. 42, which set out the rules according to which premises can be classified as specialized housing stock (SZhF). In Art. 92 of the Housing Code of the Russian Federation defines the procedural conditions for classifying the premises as SZhF.
The basic rules are: 
- Inclusion or exclusion of premises from the SZhF can be carried out only on the basis of a decision of a special body managing state or municipal housing.
- In order for such a decision to be made, the applicant submits the following documents to the relevant authorities:
- an application to classify the relevant housing as any type of SZhF premises (usually it is considered within a month);
- a document on the right of ownership or economic management, operational management of the premises in question;
- technical passport of the premises;
- conclusion that the housing in question meets all the requirements.
Results of consideration of the application
When a decision is made to include the premises in the SZhF, the information is communicated to the applicant and to the bodies of the federal registration service. And in case of refusal, the applicant is informed.
Refusal usually occurs when the premises do not meet the requirements that apply to it.
There are two types of requirements for such residential premises: general for any SZhF housing and special (depending on the type of SZhF premises).
Use of housing as SZhF premises
It is allowed to use housing as a SZhF premises only if it is recognized as such and attributed to any type of premises of this fund.
It is worth noting that all SZhF premises for temporary residence and the Housing Code of the Russian Federation states that under no circumstances can these premises be leased or leased (the state or municipality provides such premises only under contracts social recruitment) and are non-transferable. Article 93 of the Housing Code of the Russian Federation defines the purposes of using residential premises of the SZhF.
Exclusion of premises from specialized housing stock
There are situations when, on the contrary, it is required to exclude the premises from the SZhF (for example, a serviceman remains to live in the city, and the apartment in the status of the SZhF premises limits his capabilities). In such cases the actions are the same as when the room is included in the SZHF, only the list of documents will be slightly different: 
- statement,
- a copy of the warrant or contract of employment,
- employment contract or certified copy work book,
- extract from the house book,
- certificate of the absence of other housing in the property of the applicant,
- the consent of the employer to exclude the premises from the SZhF.
In each individual case, you may need some other additional documents, but the main list is like this.
If everything meets the requirements, then, as a rule, the request is granted, and the decision of the relevant authorities is formalized by a decree.
In contrast to the inclusion when excluding premises from the SZhF, there are no specific requirements in the rules.
On the privatization of SZhF premises
The premises of the FWF are owned by the state or municipality and are subject to state accounting. The Housing Code of the Russian Federation provides for a certain procedure for the provision and release of such residential premises. Typically, such premises are used under a lease agreement and the persons who occupy the SZhF premises do not have the right to privatize, exchange, rent, move in temporary residents, etc.
However, the law on privatization (Article 4) states that the owners housing stock, to which the SZhF official living quarters are assigned, can make decisions about these premises on the basis of the right of operational management or management.
Mainly seek to privatize office space or housing in dormitories. In order to privatize such housing, the tenant must submit the following documents to the department of the municipality: 
- an application for the privatization of office housing (it must be signed by all family members who have the right to privatize the premises in question);
- documents proving the identity of the applicant, members of his family, confirming kinship;
- a certificate of registration at the place of residence or stay of the applicant and members of his family (family relations are indicated);
- if there is - a warrant for official housing;
- contract of employment of office premises;
- an extract from the USR on the rights to real estate in the Russian Federation that the applicant or his family has or had;
- a copy of the work book or a document that confirms the work experience in the organization that provided housing;
- if available: a copy of the pension certificate and a combat veteran.
An application for privatization is considered for about two months (up to sixty calendar days), based on the results of consideration of the submitted documentation, a decision is made and either a privatization agreement is concluded with the applicant, or a notice of refusal is handed.
The grounds for refusing to privatize such housing can be various reasons: the lack of Russian citizenship among persons who participate in privatization, already owned real estate, the lack of confirmation of the right to use housing on the terms of employment, the provision of incorrect information or an incomplete package of documents, etc.
The specialized housing stock includes premises that are provided from the state or municipal housing stock in accordance with certain rules provided for by the Housing Code of the Russian Federation.
Types of premises of specialized housing stock
Residential premises of specialized housing stock include:
- service living quarters;
- living quarters in hostels;
- living quarters of the mobile fund;
- living quarters in the houses of social service of citizens;
- living quarters for temporary settlement of internally displaced persons;
- living quarters for temporary accommodation of refugees;
- residential premises for social protection of certain categories of citizens;
- living quarters for orphans and children left without parental care.
Residential premises may be classified as a specialized housing stock only by order of either the federal executive body (for public housing) or the local authority (for municipal housing). But if residential premises are assigned to ministries and departments, then the procedure for including such premises in a specialized housing stock may also be regulated regulations these ministries and departments.
Housing classified as a specialized housing stock can be used for its intended purpose only after the decision of the relevant authority. Such living quarters must be suitable for habitation of citizens and be comfortable.
At the same time, a dwelling cannot be classified as a specialized housing stock if it is occupied under a social tenancy agreement, a housing rental agreement, a state or municipally owned housing stock for commercial use, a lease agreement, and also, the premises have an encumbrance of rights.
Rules for classifying residential premises as specialized housing stock
Each type of residential premises has its own rules for classifying them as specialized housing stock. Let's take a closer look at these rules.
Service living quarters
Only individual apartments are classified as service living quarters. Individual rooms in apartments occupied by other owners and (or) tenants cannot be official housing. AT apartment building both all residential premises and some of them can be used as office premises.
Only citizens who have labor relations with public authorities can live in service residential premises of a specialized housing stock, local government, state or municipal enterprises and institutions.
Living quarters in hostels
Dormitories include specially built or converted houses or parts of houses that have rooms with furniture and other necessary items.
Citizens may temporarily reside in residential premises in dormitories during the period of their work, service or study. For one person living in a hostel, there must be at least 6 square meters. m of living space.
So, for example, an employee government agency who does not have housing at the place of service, and members of his family are provided with service housing (when he is transferred to a new duty station in another locality) or housing in a hostel.
Living quarters of the maneuverable fund
Residential premises of the maneuverable fund include premises intended for temporary accommodation:
- citizens living under social tenancy agreements in houses subject to overhaul;
- citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;
- citizens who have lost their only living quarters acquired at the expense of a loan or target loan as a result of foreclosure on them.
Residential premises of the mobile fund are provided to citizens at the rate of at least 6 sq. m of living space per person.
Residential premises in the houses of the social service system
Social service houses include specially constructed or converted buildings equipped with everything necessary to ensure the life and safety of citizens. They have special rooms for carrying out activities of a medical, psychological and social nature, as well as labor activities.
Citizens who are provided with social services and are recognized as in need of special social protection live in these residential premises.
Residential premises of this type are provided to citizens of these categories under contracts free use.
Residential premises for temporary accommodation of internally displaced persons and refugees
Such premises are under the operational control of the territorial bodies of the Ministry of Internal Affairs of Russia and are provided to internally displaced persons and refugees on a first-come, first-served basis at the rate of at least 6 sq. m of living space per person.
Living quarters for orphans and children left without parental care
Such residential premises are provided to persons of this category who have reached the age of 18 under contracts for the rental of specialized residential premises. Housing is provided by local authorities.
Residential premises of specialized housing stock. Concept, types, purpose
Part 2 Art. 92 of the LCD defines the concept of specialized residential premises, and part 1 of the same article defines their types.
Residential premises of specialized housing stock include:
Service living quarters; living quarters in hostels;
Residential premises of the maneuverable fund;
Residential premises in the houses of the system of social services for the population;
Residential premises of the Fund for the temporary settlement of internally displaced persons;
Residential premises of the Foundation for the temporary settlement of persons recognized as refugees;
Residential premises intended for social protection of certain categories of citizens.
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 Government of the Russian Federation. The inclusion of a dwelling in a specialized housing stock with the attribution of such premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund is carried out on the basis of decisions of the body that manages the state or municipal housing stock.
Specialized living quarters are not subject to alienation, lease, lease (with the exception of the transfer of such premises under lease agreements provided for in this section).
Residential premises of specialized housing stock belong to the state and municipal authorities.
Housing legislation provides for a special procedure for the provision and release of residential premises of a specialized housing stock. They are provided on certain time under a contract of employment. The provision of these premises is possible under conditions such as need, recognition of a citizen as a poor person, etc.
The Government of the Russian Federation has established the procedure for classifying residential premises as premises of a specialized housing stock. In accordance with Part 3 of Art. 92 of the Housing Code, persons occupying specialized residential premises do not have the right to privatize, exchange, lease, or divide them.
The provision of residential premises of specialized housing stock to citizens is carried out without observing the norms for the provision and requirements for their well-being.
Purpose various kinds residential premises of specialized housing stock is disclosed in Art. 93-98 LCD. Service living quarters are intended for the residence of citizens in connection with the nature of their labor relations with a state authority, local government, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or a public position of a subject Russian Federation or in connection with the election to elective positions in public authorities or local governments.
The grounds for providing such premises are: labor contract with municipal or state enterprises or institutions; service contract; document on appointment to a public position; a document on election to an elective position in state authorities or local self-government. The term for the provision of residential premises is determined by the term of labor or other relations.
Mode certain types office space is regulated by special regulations.
The procedure for granting and vacating official living quarters is regulated by federal laws and other regulatory legal acts.
Service living quarters are provided to citizens in the form of a separate apartment (Article 104 of the LCD).
Residential premises in dormitories are intended for temporary residence of citizens during their work, service or training. Under hostels, houses or parts of houses specially built or converted for this purpose are provided. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live. Hostels are intended for temporary residence of workers, employees, students, students, and other citizens during the period of work or study (single citizens or young families).
In Art. 7 of the Law on the Housing Code of the Russian Federation, it is determined that legal regulation relations related to the provision and use of residential premises located in residential buildings owned by state or municipal enterprises and institutions and used as hostels, if they are transferred to the jurisdiction of local governments, is carried out in accordance with the norms of the LCD on a social contract of employment.
Residential premises in hostels are provided at the rate of at least 6 sq. m per person (art. 105 of the LCD).
Residential premises of the maneuverable fund are intended for temporary residence:
1) citizens in connection with the overhaul or reconstruction of the house in which there are residential premises occupied by them under social tenancy agreements;
2) citizens who have lost residential premises as a result of foreclosure on these residential premises, which were acquired at the expense of a bank loan or other credit institution or funds of a targeted loan provided legal entity for the purchase of residential premises, and are pledged as security for the repayment of a loan or a targeted loan, if at the time of foreclosure such residential premises are the only ones for them;
3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;
4) other citizens, in cases provided by law. Owners of housing and members of their families, as well as persons living in specialized residential premises are not entitled to receive housing in the mobile fund. The latter should be provided with other specialized living quarters.
In accordance with the law (clause 2, article 95 of the LC), citizens have the right to receive housing in a mobile fund if the following four conditions are met:
Housing purchased with bank loan or funds of a targeted loan provided by a legal entity for the purchase of residential premises;
Acquired housing was pledged to secure the repayment of a loan or special purpose loan (mortgage);
Citizens have lost housing as a result of foreclosure on it due to their failure to fulfill the conditions loan agreement(or loan agreement) under which this housing was purchased (according to the Mortgage Law);
Citizens had no other housing at the time of foreclosure on the mortgaged dwelling.
The JK does not disclose the concept of "extraordinary circumstances". It is likely that the content of this term will be refined as the relevant judicial practice accumulates.
Residential premises in the houses of the system of social services for the population are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services to them (Article 96ZhK). Such residential premises are under the jurisdiction of the social protection authorities and are intended for:
Disabled;
the elderly;
Orphans, children left without parental care, disabled children who need medical care and etc.
Residential premises in the houses of the system of social services for the population can refer to both the state (federal or constituent entities of the Russian Federation) housing stock, and to the municipal housing stock.
Law of the Russian Federation of August 2, 1995 No. 122-FZ “On social services for elderly citizens and disabled people” (hereinafter referred to as the Law on social services) and Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in Russian Federation» determine the volume of social services for these persons, medical and social services.
Social services for elderly and disabled citizens are carried out by decision of the social protection authorities.
Residential premises occupied by them under a contract of employment or lease in the houses of the state, municipal or public housing stock within six months from the date of admission to the hospital, and in cases where members of their families remained in the living quarters, during the entire time of stay in the institution.
Residential premises of funds for the temporary settlement of forced migrants and persons recognized as refugees are intended for temporary residence of citizens recognized in accordance with the procedure established by federal law as forced migrants and refugees, respectively (Article 97 of the LC).
The Agreement on Assistance to Refugees and Forced Migrants of September 24, 1983 defines the concept of a refugee and a forced migrant.
Refugee - a person who is not a citizen of the Party (signatory of the Agreement and granted asylum), who was forced to leave the place of his last residence in the territory of the other Party as a result of violence or other forms of persecution committed against him or his family members, or a real risk of being persecuted on grounds of racial or national affiliation, religion, language, political opinions, as well as belonging to a particular social group in connection with armed and ethnic conflicts.
Forced migrant - a person, a citizen of the Party that granted asylum, who was forced to leave his place of permanent residence in the territory of the Party as a result of violence committed against him or members of his family or persecution in other forms, or a real danger of being persecuted on the basis of race or nationality, religion , language, political beliefs, as well as belonging to a certain social group in connection with armed and ethnic conflicts.
In accordance with the Convention relating to the Status of Refugees, signed in Geneva in 1951, the member states of the Convention are obliged to guarantee to refugees lawfully residing in their territory favorable legal status, no less favorable than that usually used by foreigners under the same circumstances.
Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection.
These categories include socially unprotected citizens: minors, the elderly, etc. An agreement is concluded with these citizens for free use without the provision of medical and social services (in contrast to the norms of Article 96 of the LC).
; - living quarters of the mobile fund; - ; - living quarters of the fund for the temporary settlement of forced migrants; - living quarters of the fund for temporary accommodation of persons recognized as refugees; - living quarters for social protection of certain categories of citizens. Recall that service living quarters are intended for the residence of citizens in connection with the nature of their labor relations with a state authority, local government, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or public office of a constituent entity of the Russian Federation or in connection with election to elective positions in public authorities or local self-government bodies. The service housing stock is formed at the expense of the housing stock of the internal affairs bodies, bodies federal service security, authorities for control over the circulation of narcotic drugs and psychotropic substances, customs authorities of the Russian Federation and internal troops of the Ministry of Internal Affairs of the Russian Federation, as well as premises allocated by executive authorities for employees (military personnel) maintained at the expense of budgets of all levels in accordance with Russian legislation. Obligation to provide office space, the features of their provision and release are provided for by federal laws and other regulatory legal acts. Thus, Article 15 of the Federal Law of May 27, 1998 N 76-FZ "On the Status of Military Personnel" provides that military personnel - citizens undergoing military service under a contract, and members of their families living with them are provided no later than three months from the date of arrival at new place military service service living quarters in accordance with the norms and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation, taking into account the right to additional living space. provided in settlements in which military units are located, and if it is not possible to provide residential premises in the indicated settlements - in other nearby settlements. The specified military personnel who entered into a contract for military service before January 1, 1998 (with the exception of cadets of military educational institutions vocational education), and members of their families living together with them for the first five years of military service are provided with official living quarters or. When continuing military service beyond the specified periods, they are provided with living quarters on a general basis. The procedure for providing living quarters in a dormitory and in dormitories is determined by the Model Regulations on dormitories, approved by the Decree of the Council of Ministers of the RSFSR of August 11, 1988 N 328; Model regulation on student hostel educational institution higher and secondary vocational education of the Russian Federation, approved by the Decree of the State Committee for Higher Education of Russia dated May 31, 1995 N 4; Regulations on hostels for persons suffering from mental disorders who have lost social ties, approved by Decree of the Government of the Russian Federation of May 25, 1994 N 522; Sanitary rules for the arrangement, equipment and maintenance of hostels for workers, students, students of secondary specialized educational institutions and vocational schools, approved by the Chief State Sanitary Doctor of the USSR on November 1, 1988 N 4719 and other regulatory legal acts insofar as they do not contradict Housing Code RF. are intended for the residence of workers, employees, students, pupils, as well as other citizens during the period of work or study. Hostels are created for single citizens, as well as for families (mostly young). Student hostel(student campus) of an educational institution of higher and secondary vocational education of the Russian Federation is intended to accommodate non-resident students, graduate students, doctoral students, trainees, students of preparatory departments of institutes and faculties of advanced training and other forms of postgraduate and additional professional education for the period of study. AT individual cases educational institutions have the right to decide on the placement in the hostel of students permanently residing in the area. Foreign citizens accepted to study at educational institutions of Russia under interstate agreements (contracts) are accommodated in a hostel on a common basis with Russian students studying in this educational institution. Residence in a hostel is temporary. The hostel must be specially equipped for living. It is not allowed to use residential premises for dormitories in residential buildings intended for permanent residence, which are carried out under a rental agreement for residential premises * (187). For the period of overhaul or reconstruction under a lease agreement, a maneuvering fund is provided. If the tenant and members of his family refuse to move to this dwelling, the landlord may demand relocation to judicial order. The relocation of the tenant and members of his family to the residential premises of the mobile fund and back is carried out at the expense of the landlord (part 1 of article 88 of the LC RF). The legislator does not provide in the commented article the possibility of resettlement of persons who are owners of residential premises of a house subject to major repairs or reconstruction * (188).
Housing encyclopedia. - M.: Garant. L. Yu. Grudtsyna. 2008 .
See what "Specialized housing stock" is in other dictionaries:
Specialized housing stock- 2) specialized housing stock - a set of certain categories of citizens intended for residence and provided according to the rules of Section IV of this Code of residential premises of state and municipal housing stocks; ... Source ... Official terminology
This is a set of all residential premises located on the territory of Russia, regardless of the form of ownership, including residential buildings, specialized houses (hostels, hotels, shelters, houses of a mobile fund, residential premises from housing funds for ... ... Housing Encyclopedia- Decree of the President of the Russian Federation of May 20, 2004 N 649 Structure issues federal bodies executive branch formed federal agency for construction and housing public utilities which is under the control of... Housing Encyclopedia
- (see: Specialized living quarters). According to Art. 92 of the Housing Code of the Russian Federation, residential premises of the specialized housing stock include: office premises; living quarters in hostels; living quarters of the mobile fund; … Housing Encyclopedia
special housing fund- specialized housing stock
