In Petropavlovsk, a single mother of three children was refused an apartment, for which she had been on the waiting list since 2007 under the "civil servant" category.
According to the press service of the Supreme Court, after the death of her parents, the woman inherited a quarter of a residential house with an area of 20.2 m² in the village of Olshanka. The living area of the property amounted to only 10.5 m².
In 2023, she transferred her share of the house to a neighbour under a deed of gift. A year later, under a loan programme for those on the waiting list, she was granted the right to purchase an apartment in Petropavlovsk.
However, when processing the transaction, the Housing and Communal Services Department (HCSD) refused to enter into a purchase and sale agreement with the woman, citing that the previously alienated housing was suitable for living.
The woman then filed a lawsuit demanding that the HCSD be obliged to enter into a purchase and sale agreement with her.
The court established that the inherited housing with an area of 10.5 m² does not meet sanitary and technical requirements. Furthermore, the total area of the share is 20.2 m², whereas in accordance with the law, the established norm for living space must be no less than 15 m² per person.
At the same time, the HCSD did not take into account the presence of children of different sexes in the family, which requires ensuring conditions for them to live in separate rooms.
In the end, the court satisfied the plaintiff's demands and obliged the HCSD to enter into a purchase and sale agreement for the apartment with the woman.