Housing disputes are one of the most pressing and frequent categories of cases handled by Attorney Yuriy Arutyunov. It is important to remember that a person's right to housing is a constitutional right, enshrined in Article 40 of the Constitution of the Russian Federation; however, case law on housing disputes is so inconsistent that it is quite difficult to cope without the qualified assistance of an attorney specialising in housing cases.
The most common problems my clients come to me with:
Challenging ownership of residential premises:
- Current legislation establishes that rights to property subject to state registration arise from the moment the corresponding rights to it are registered. Most citizens believe that once they have registered ownership of real estate, their rights can no longer be challenged in any way. In fact, a registered right to real estate can be challenged, but only through the courts. Challenging a registered right means challenging the grounds on which a citizen or legal entity acquired the right to the disputed real estate, that is, the title documents underlying the registered right.
Recognition of ownership of residential premises:
When disputes arise concerning ownership of residential premises, it is necessary to go to court. It is important to remember that, in a dispute over ownership, the assistance of an attorney specialising in housing disputes is a necessity rather than a whim. The main situations in which ownership can only be formalised through the courts:
- The documents for the real estate have been drawn up improperly or are missing altogether.
- The heir missed the deadline for accepting the inheritance or accepted it de facto without applying to a notary.
- The parties have concluded a contract for the sale and purchase of real property, but the seller is evading registration of this contract with Rosreestr (the Federal Service for State Registration, Cadastre and Cartography).
- The buyer purchased a flat in a new building, but the developer is in no hurry to register ownership.
- It is necessary to register ownership of an unauthorised construction, that is, where buildings or structures have been built without obtaining permits. Structures erected on a plot not intended for that purpose are also considered unauthorised.
- As a result of the reorganisation of a legal entity, a dispute has arisen as to which of the legal successors the property belongs to.
- Other situations.
Moving into / eviction from residential premises:
- As noted earlier, a person's right to housing is a constitutional right; therefore, issues concerning moving a person into or evicting a person from residential premises are considered exclusively by the courts.
Deregistration («vypiska») without the consent of the registered person:
A person can be «discharged» (deregistered) from residential premises through the courts in one of the following cases:
- Declaration of a person as missing.
- Eviction from the occupied residential premises or recognition of a person as having lost the right to use the residential premises.
- Recognition of a person as not having acquired the right of use.
- Expiry of the lease or of another document on the basis of which registration took place.
- Recognition of the registration as fictitious.
- In the event of a loss of family relationship, for example after divorce.
- Other cases.
Privatisation of housing:
- Privatisation is the transfer of state property into private ownership. The property may be of any kind — not only a flat or a room, but also land and non-residential premises. Privatisation gives rise to ownership of the housing, which means that such property can be sold, donated, exchanged for other property, bequeathed or pledged as security for a loan.
Conversion of residential premises into non-residential premises:
- Conversion of residential premises into non-residential premises is an important legal procedure that makes it possible to give a flat in a multi-storey building the status of a real estate property suitable for professional or business activities (Article 22 of the Housing Code of the Russian Federation). Since the measure must not infringe the rights of the residents of the apartment building, it requires collecting an extensive set of documents and interacting with municipal services; therefore, such work is better delegated to an experienced attorney specialising in housing disputes.
Legalisation of flat redevelopment:
- Legalisation of flat redevelopment is a procedure that makes it possible to change the layout of partitions and the area of rooms in a flat for the convenience of the residents.
This is by no means a complete list of the housing disputes handled by Attorney Yuriy Arutyunov. The category of housing disputes is very broad and includes, in addition to the above, disputes over «flooding» of a dwelling, disputes concerning housing and utility services, disputes related to the allocation of shares in residential premises, and so on.