Sometimes people wonder what to do if the warrant for an apartment is lost. This is a logical question that arises mainly among citizens living in old apartments and houses. After all, any stolen, damaged or lost documentation must be restored. Is this really necessary? And is it worth worrying about the mentioned paper in this or that case?
About the document
What to do if the order for the apartment is lost? Some believe that in the absence of such a document it will be impossible to either privatize or sell real estate. Is it really?
To answer this question, we need to fully understand what kind of document we are dealing with. An apartment warrant is a document certifying the right to use housing. It allows you to move in and live in a particular home.
Previously, the order served as an analogue of a social tenancy agreement, and it also replaced a certificate of ownership. An extremely important document for all residents and owners.
We have lost the order and want to privatize the apartment
If your application for concluding a social tenancy agreement is not accepted for any reason or you receive a refusal, request that it be completed in writing. In this case, it will be necessary to appeal the received refusal in court. In court, you will need to prove that you used this apartment on the basis of a warrant. This can be confirmed by the passports of all family members with a registration mark, an extract from the house register, and a copy of the financial and personal account. In addition, you can and should refer to the testimony of witnesses who can confirm to the court that you lived and are living in this apartment and moved into it at one time legally. After a court decision in your favor, you will have the right to enter into a social tenancy agreement.
To privatize an apartment, you need to collect the following package of documents - passport, birth certificate, marriage or divorce certificate of all citizens living in the apartment. You will also need: a social tenancy agreement or a warrant for an apartment, a passport for the premises, duplicate receipts for payment of housing and communal services for the last three months. You will also need an extract from the house register and a certificate confirming that your apartment has not been privatized before.
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Legal force
Accordingly, I had to think about what to do if the order for the apartment was lost. In modern Russia, the legal force of this paper has disappeared. The order is not a significant document for residents and owners. However, its presence greatly facilitates certain transactions with property. For example, it accelerates the privatization of housing.
In fact, the warrant for an apartment in the Russian Federation was replaced with various documentation - a social tenancy agreement, extracts from the Unified State Register/Unified State Register of Real Estate, agreements on free use, and so on. But if you want, you can restore the lost paper.
How to restore a warrant for an apartment if it is lost
A logical question arises: if the housing order has finally sunk into oblivion, why then even consider the issue of replacing it and go through the authorities and worry? It is not included in the package of documentation required to transfer a home into private ownership (Resolution of the Government of the Russian Federation No. 315; Article 60 of the Housing Code of the Russian Federation). The apartment that was once given out will not be taken back.
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The easiest way is to contact the same department, housing complex, housing cooperative that occupied the house. There they will give you either a copy of the warrant ticket or an extract from the city archives. You will need to contact the Administration’s Housing Policy Department with your civil passport and the issued document. They will conclude a lease agreement, which will make it possible to privatize the “squares” and carry out legal actions with them, for example, transfer them by will or sell them.
How to register?
Lost order for an apartment? What to do? The main thing is not to panic. You can conclude a social tenancy agreement or a privatization agreement without this paper.
In reality, citizens are only required to provide identification (passports and birth certificates), as well as any documents indicating the applicants' relationship. It would be enough. It is advisable to bring certificates of income and any housing you own. All this will be taken into account when considering the application.
You need to contact the city housing administration with the listed papers. After checking the documents, a social tenancy agreement is concluded with the family. After this it will be possible to carry out privatization.
How to restore a lost order for an apartment?
As mentioned above, in the Housing Code of the Russian Federation there is no longer the concept of an apartment warrant, then how to restore an apartment warrant? If your property is privatized, then the order, in principle, no longer has any legal force and is not needed by anyone, including you. In case the apartment is not privatized and the order for the apartment is lost. How to recover? There are several ways to get out of the situation.
where can I find a copy of the apartment warrant?
It is stored in different places, in each locality everything is purely individual. This could be the REU (repair and maintenance department), the district administration archive , the municipal real estate department, or even the passport office.
In any case, it is better to first contact the district administration; as a rule, their specialists have encountered similar situations and will tell you the right direction to search.
If a second copy of your document is preserved in their archives, since it no longer has legal force, there is no point in restoring it and there is no need to restore it. You can ask to make a copy of it , this will be enough for privatization or proof to the municipality that you are the owner or direct heir of the property.
how to conclude a social tenancy agreement
If the second copy could not be found, it is necessary to conclude a social tenancy agreement - this is a modern analogue of the Soviet apartment warrant . To do this, you also need to contact the district administration and conclude a social rental agreement. Documents required for concluding a social tenancy agreement:
- employer's passport and its copy;
- an application for the provision of a social tenancy agreement to the administration (the administration will have a form or can be filled out in any form);
- copies of passports of all family members living in this premises;
- documents confirming the right to move into the apartment.
The time frame for concluding the agreement will be approximately 60 days; the administration is obliged to issue you a social tenancy agreement within 46 working days after receiving the documents.
If the administration refuses you, legal proceedings cannot be avoided.
Request a written refusal and go to court .
Based on this agreement, it is possible to carry out privatization. In addition to time and financial costs, litigation will bring a lot of inconvenience. Therefore, if a document is lost, it is advisable to restore it as quickly as possible. Although such cases are rare, when the administration does not meet halfway and refuses to enter into a social rental agreement. As evidence, you can submit a passport with a registration mark , extracts from the house register (in the case of private houses), financial documents such as payment for utilities, etc. Testimony from neighbors can play a decisive role in court. And if you have a warrant in your hands, then it’s better to privatize the property and live in peace.
How and where you can get a list of residents registered at a specific address, you can find out here
Where to put the order?
If citizens have a warrant for an apartment in their hands, then when they apply to the municipality for a social security agreement. hiring can rent it out. As we have already said, this is not a mandatory document, but its presence will significantly speed up the procedure for concluding an agreement with applicants.
In this case, the order is taken away irrevocably. It will be kept by the housing inspectorate. You can keep the mentioned paper. After all, as was emphasized earlier, the order no longer has any special legal force.
Where can I get it?
If the order for the apartment is lost, it must be restored. Now this paper may be required during privatization. But, if you wish, you can get by with an agreement on social rental of real estate.
Where can I restore my order? There are several places that offer a similar service. Namely:
- repair and maintenance management;
- City Administration;
- housing department;
- real estate departments.
This is the order in which you will need to seek help. Unfortunately, today it is difficult to restore the order. It is replaced by a rental agreement. However, if you lose the mentioned paper, you should not panic - without other documentation for the apartment, it is impossible to use the order for fraudulent purposes.
Repair and Operation Department
How to restore a warrant for an apartment if it is lost? You can try contacting your local housing repair and maintenance authority. It is worth going to the organization at the location of the property.
Approximate steps in this case would be:
- Prepare some papers required for the request.
- Send an application for the issuance of a warrant (duplicate) to the selected organization.
- Pick up the tear-off part of the order.
If the department says that there is no document, the applicant will have to request a certificate of the absence of a warrant in the prescribed form. Without it, further actions during privatization may be difficult.
If the order is lost
How to restore a lost order for an apartment
If the housing order cannot be found, it can be reinstated. Now this document may be needed during privatization. However, one social tenancy agreement may be enough.
Where to get a lost warrant for an apartment
- city administration;
— repair and maintenance management;
— real estate departments;
- Housing Department.
Today, restoring an order is a very problematic matter. As a result, it will be replaced by a rental agreement.
REFERENCE! Don't panic if your order is lost. Without other documents for housing, no one else will be able to carry out any fraud with your housing.
Repair and Operation Department
If you want to restore the order, you should try contacting your local repair and maintenance department. The organization must be selected according to the location of the housing. In this case you need to do approximately the following:
— prepare the documents needed for the request;
— write to the organization an application for the issuance of a duplicate warrant;
— receive the detachable part of the order.
If you receive a refusal from the department to issue a warrant, you need to ask them for a certificate confirming its absence. Without this certificate, subsequent actions during privatization will be difficult.
Real estate departments
If the first organization could not help you and stated that there was no warrant, then you can ask for help from local real estate departments. The procedure will be the same as in the first case. In case of repeated refusal, there is no need to despair. Today there are many options for resolving this situation.
Universal approach
Let’s say there is an opportunity to contact the MFC, where citizens are offered a variety of services of a state or municipal nature. You must submit a request to the MFC to restore the document. This service is guaranteed to undertake the task.
List of documents for recovery
It is very difficult to define an exact list. As mentioned above, today it is almost impossible to restore a lost order. However, when making requests to the authorities, you should have with you:
- passport;
— certificate of family composition;
- existing documents for housing;
— an extract from the personal account.
If you have an extract from the Unified State Register or a social tenancy agreement/certificate of ownership, you also need to take them with you.
Privatization and warrant
You can privatize housing without a warrant. In practice, this option is the most common. To carry out the privatization procedure without any problems, a person must have an agreement on social rent or free use of housing. With the available documents, you can easily privatize an apartment. If the applicant does not have these documents for a specific housing, then he will not have the right to privatize it. First you need to register and draw up an agreement.
Privatization process
Many people think that without a warrant, an apartment cannot be privatized. But that's not true. This process without a warrant will not bring any particular trouble. The steps of this procedure are as follows:
— drawing up an agreement on free use or social rental of housing;
— preparation of documents;
— signing consents and refusals to participate in privatization from all citizens registered in this housing;
— contacting the city housing administration with an application for privatization;
- waiting and receiving a response;
— execution of the contract;
— entry into ownership of housing and registration of this on paper.
REFERENCE! In terms of time, the entire process takes a sufficient amount of time. Even if you have a warrant, you won’t be able to do everything faster.
Documents required for privatization
- Passports or birth certificates.
- Extracts from the Unified State Register.
- Information about family composition.
- Extracts from personal account.
- Written refusals to participate in privatization, issued by a notary.
- Cadastral passport of housing.
- Warrant (if available).
- Technical passport of housing.
- Agreement of gratuitous use or social rental.
They may also require documents that confirm the relationship of the residents, if any, and certificates of ownership of other real estate.
It is necessary to make copies of all these documents, while keeping the originals with you.
Registration in the registry
After signing a privatization agreement with citizens, they will have to register ownership of the house/apartment. To do this, you need to contact Rosreestr or the MFC with an application. As a result, the owners will receive a new extract from the Unified State Register with other owner data.
To obtain this certificate, you need:
- passport;
— privatization agreement;
— confirmation of payment of the duty (receipt);
- cadastral passport of housing.
REFERENCE! In about 5-7 days, a person should receive the paper he needs.
How to get a lost warrant for an apartment at the passport office
Restoring an order for a house is not easy. Therefore, it is better to use its analogue. The passport office can issue a copy of the warrant. To do this, you need to contact the passport office at your place of registration with this request and the problem will be solved.
About the package of papers
Now it’s clear how you can restore a warrant for an apartment. What documents may be useful to bring your idea to life?
It is difficult to name an exact list of them. As was emphasized earlier, it is now almost impossible to restore a lost order. But when contacting the relevant authorities, it is recommended to take with you:
- certificate of family composition;
- passport;
- any documents for the apartment that exist;
- extract from personal account.
It would be enough. If you have an extract from the Unified State Register or a certificate of ownership/social tenancy agreement, it is recommended to take them with you. Such documentation obviously will not be superfluous.
How to restore a warrant for an apartment if it is lost
- The citizen who submitted the application for privatization of the apartment does not currently have permanent registration in it. The law does not allow the transfer of ownership of housing to a person who is not currently registered there. Expulsion from municipal housing entails the loss of all rights to it. If the apartment is privatized by the citizens registered in it, then the shares will be divided only between them;
- Loss of a warrant for living space by the owner and government agencies. If the municipal authorities are found guilty, then a social rent agreement is concluded with the citizen. The procedure will require the presentation of identification documents of all family members, an extract from the house register, apartment cards and an extract from the personal account;
- Refusal to sign a social tenancy agreement due to the death of the owner of the order is contrary to the law, if relatives have entered into an inheritance, they are included in the order and registered in the apartment indicated on the paper.
- Submit an application to the local government authorities in whose territory the residential premises are located. The archive could contain information about the issuance of a document, extracts from the house register, copies and detached parts of papers;
- Start the procedure for drawing up a social rent agreement for an apartment by submitting the appropriate application. An unfounded refusal of a legal requirement is appealed in court.
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Privatization and warrant
Privatization of an apartment if the order is lost is possible. As practice shows, this is exactly the scenario that takes place in real life.
In order to carry out the privatization procedure without problems, citizens need to have an agreement on the free use of property or on social rent. In these cases, you can privatize an apartment without difficulty. But we'll talk about this process later.
If the listed papers are not available, then the applicant will not have the right to privatize a specific housing. First you will have to register and conclude an appropriate agreement. We have already talked about how to do this.
Privatization procedure
How to privatize an apartment if the order is lost? Easily! In general, the operation will not cause any trouble. Especially if you prepare for it correctly.
The privatization instructions can be described as follows:
- Signing a free use agreement. As an option - about social rental of property.
- Collecting a package of papers.
- Registration of refusals and consents to participate in privatization from everyone registered in the territory.
- Submitting an application to the city housing administration with a request for privatization.
- The reply is in process.
- Signing the relevant agreement.
- Registration of ownership rights to the apartment.
It is worth paying attention to the fact that this procedure takes a lot of time. It will not be possible to quickly turn a state apartment into private ownership even if you have a warrant.
Papers for privatization
It is clear what to do if the original warrant for the apartment is lost. A few more words about privatization. For this idea, the preparation of documents plays a huge role.
What will citizens need in this situation? Most often they require:
- passports;
- birth certificates;
- extracts from the Unified State Register;
- certificates of family composition;
- personal account statements;
- refusals to participate in the privatization process (issued by a notary, in writing);
- real estate cadastral passport;
- warrant (if any);
- technical passport of the privatized property;
- contract of social rental or free use.
- This may also include:
- birth certificates;
- any documents confirming the relationship of the residents (if any);
- certificates of ownership of other dwellings.
Typically, papers are presented not only in originals, but copies are also required. There is no need to certify such documentation.
Your actions if the order for an apartment is lost and how to restore it
If the recipient of the housing has died, you will need to prove your relationship with him. To do this, it is enough to present a birth certificate (if you are the direct heir of the citizen for whom the warrant was issued). If the order is lost, it is literally impossible to restore it, since this document is no longer used in the Housing Code of the Russian Federation, and has been replaced by social tenancy agreements, commercial agreements or gratuitous use agreements.
- Temporary , released for a short period of time, often for study or internship, is currently not a basis for privatization of property;
- An official document issued for the period of temporary stay of an employee in a certain locality or for a period of business trip is also not a basis for privatization of property;
- Exchange , issued to people wishing to exchange property with the approval of executive authorities, is the basis for the privatization of an apartment;
- The inspection , presented to citizens to inspect the living space for its further use, is also the basis for the privatization of the apartment.
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Registration in the registry
As soon as the privatization agreement is signed with citizens, they will need to register ownership of the apartment. To do this, you will need to go to Rosreestr and write a corresponding application. The owners will be given an analogue of a warrant - an extract from the Unified State Register with new data about the owners.
To obtain this certificate you need:
- passport;
- privatization agreement;
- receipt with paid duty (sometimes);
- cadastral passport of property.
In approximately 5 days (working days), the citizen will be given the document we are interested in. Everything is much simpler than it seems!
Is there no document anywhere? There is a solution!
It is clear what this is - a warrant for an apartment, and how to restore it. But what to do if this document is lost not only by the residents, but also by the city administration? Unfortunately, such situations sometimes occur.
Restoring an order under such circumstances is impossible. Instead, residents are required to unconditionally conclude a social contract. hiring If this service is denied, citizens can file a lawsuit. And then the agreement will be signed forcibly.
About waiting
How long should I wait for an order to be restored? What about privatization?
There are no clear answers. It all depends on the situation. Restoring an order usually takes several months. Conclusion of a rental agreement - up to 60 days. But with privatization everything is much more complicated.
Ideally, the request should be answered within 1 month after submitting the application in the established form. But it can take up to 3 months to check the attached papers. In general, it takes about six months to convert a state apartment into private ownership.
Results
What to do if the order for the apartment is lost? Modern citizens need not worry about this. In Russia, as we found out, this paper is no longer mandatory for privatization. And for concluding a rental agreement too.
However, we have looked into the process of restoring property warrants. And we also became acquainted with privatization. These operations will no longer raise any questions.
Practice shows that re-registration of municipal housing may be refused for one reason or another. For example, if one of the residents does not want to participate in the process, but at the same time he refuses to register the refusal with a notary. It is recommended to resolve this issue in advance.
If there is no warrant for the apartment, what to do?
Ideally, the request should be answered within 1 month after submitting the application in the established form. But it can take up to 3 months to check the attached papers. In general, it takes about six months to convert a state apartment into private ownership. Results What to do if the order for the apartment is lost? Modern citizens need not worry about this. In Russia, as we found out, this paper is no longer mandatory for privatization. And for concluding a rental agreement too. However, we have looked into the process of restoring property warrants. And we also became acquainted with privatization. These operations will no longer raise any questions. Practice shows that re-registration of municipal housing may be refused for one reason or another. For example, if one of the residents does not want to participate in the process, but at the same time he refuses to register the refusal with a notary.
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If this institution could not help, then the only option is a one-stop service, whose task is to monitor the immediate restoration of the document. In addition to the above method, you can prove ownership of an apartment by accessing the archives located in the local administration. It contains not only information about the owner of the apartment, but also copies of the certificate and social tenancy agreement. When filling out an application, the local administration is obliged to provide the documents requested by the person. Note: The administration does not have the right to issue a duplicate of the order, since it is not stated in the regulations of the Russian Federation. The citizen receives a document indicating a certificate on the basis of which he has the right to live in the living space. Regarding the restoration of lost documents in court.