Unprivatized apartments can be reclassified as social housing

Apartments not privatized by July 1, 2016, will be included in commercial (rental) housing. However, there is an opportunity to reclassify them as social housing.

– This provision is stipulated by Decree No. 563 "On Certain Issues of Legal Regulation of Housing Relations" dated December 16, 2013. Pensioners, disabled individuals, veterans, orphans, large families, and other citizens with benefits can submit an application to reclassify their apartment as social housing. The decree lists all 19 categories, – said Natalia Yatsuk, Head of the Accounting and Reporting Department of the Executive Committee's Housing and Communal Services Directorate.

However, it should be remembered that social housing cannot be privatized or inherited. Commercial housing, under certain conditions (10 years of residence, allocation by the employer, etc.), can be purchased by an individual into ownership over time.

The specialist noted that refusal to conclude a lease agreement for state housing fund commercial use residential premises does not exempt tenants from paying for the use of such housing, which will depend on the apartment's area, the base rate, and the coefficient of the given settlement.

According to Resolution of the Council of Ministers No. 1297, the absence of valid reasons for a two-month arrears in payment for the use of a rented apartment and/or for housing and communal services may be grounds for terminating the lease agreement. This means that the debtor and their family members living with them can be evicted or the contract, if concluded for a specific term that is nearing its end, may not be extended.

– Of course, we weigh all the pros and cons beforehand. Then we send a warning about the need to make payment within a month. If this does not happen and there are no valid reasons for the payment delay, we apply to the court with a claim for eviction. Thus, the non-payer, after two months of arrears, essentially has another month to make the necessary funds, – said Natalia Yatsuk.

Evicting even a malicious non-payer from their own apartment is quite problematic. In particular, according to Art. 155 of the Housing Code, a warning about the need to pay bills can only be sent to them if there is a 6-month debt, and after the court decision on forcing the owner of the residential premises to alienate it enters into legal force, one more year is given to pay off the debt or sell the apartment.

Everyone makes their own decision, but those who wish to formalize the right of ownership of their apartment have such an opportunity until July 1, 2016, the specialist reminded.

Elena Alimova, "Vitebskiye vesti".