The practice of providing living quarters in dormitories to nonresident specialists working at the enterprise was widespread during the Soviet Union. There is no such country anymore, but the hostels and their residents, who want to exercise their right to privatization, have remained.
Conditions for the privatization of dorm rooms
Article 4 of the Federal Law "On the Privatization of the Housing Stock" contains a direct prohibition on the privatization of residential premises in hostels, which belong to the category of departmental housing and were initially on the balance sheet of enterprises. But this ban is now easily circumvented, since municipal and state enterprises have already transferred their hostels to the balance of local municipalities, thereby transferring them to the category of "multi-apartment residential buildings". In this case, social tenancy agreements are concluded with citizens living in such houses, which are the grounds for the subsequent privatization and transfer to the ownership of residents of the municipal housing stock. In this case, the privatization procedure is carried out as usual.
True, in addition to this, the room that you want to privatize must meet several more conditions. This should be an isolated room, not a walk-through room. In addition, you cannot privatize part of a dorm room or a separate corner. That is, you can only become the owner of a room if you live in it alone or with your family.
Privatization of the room through the court
In the event that the hostel is still on the balance sheet of the enterprise, you have the opportunity to privatize it only if you moved into the room before the entry into force of the new Housing Code of the Russian Federation, i.e. before 2004-01-03 and only through the court. In this case, the court decision will be positive if you can prove that the room was provided to you under a social contract. In this case, the Constitutional Court will be on your side, which in its rulings No. 220-O of 02.11.2000, No. 350-O of 05.11.2003 and No. 441-O of 21.12.2004 stated the inadmissibility of adopting decisions on the privatization of premises in hostels, taking into account only the formal legal regime of such housing.
For a court decision on this issue, you should order a technical plan of the room and an extract from the state register of capital construction projects in the branch of Federal State Unitary Enterprise "Rostekhinventarizatsiya". These documents should be attached to the statement of claim, in which you can ask the court to either oblige the municipal authorities to conclude a privatization agreement with you, or to recognize your ownership of the dorm room under the privatization law.
