Where to start the privatization of an apartment (procedure)? How to privatize an apartment - who has the right and the necessary documents, cost and terms of the procedure.
Today we are interested in a service called "privatization of housing." What it is? How and when can it be done? How much time does it take? The answers to all these questions and not only will be necessarily discovered below. With proper preparation, almost every modern person will be able to cope with the task. The main thing is to remember the legal aspects and the basics of applying for a service. The procedure is accompanied by serious paperwork, but ultimately, citizens will receive a minimum of problems and hassle.
Definition
What is privatization?
This is the name of the process of re-registering state or municipal real estate (most often - housing) into private property. That is, the transfer of state property into the hands of citizens.
Until what privatization of housing in Russia is valid? It was previously said that in 2017-2018 this operation will be closed. But in real life, the news turned out to be unjustified.
The thing is that free housing privatization has been extended for an unlimited period. At the moment, they do not plan to prohibit such an operation. Therefore, almost every resident of the Russian Federation has the right to receive the corresponding service.
Paid or without money?
Does Russia require any costs? Or is it a free operation?
Under current law, a citizen can use the privatization of housing at no cost only once in a lifetime. After that, a similar "option" will be removed.
The exception is children. That is, if a citizen participates in the process under study until the age of 18, then after coming of age, free privatization will take place.
Who is eligible
Free housing privatization extended. Now it is available to every person who meets certain conditions. The deadline for the implementation of the process is not set. At any time, a person can exercise his right.
Who is the privatization participant? This requires certain rules to be followed. Namely:
- Be a citizen of the Russian Federation. Privatization is available only to local residents.
- To live in an apartment on the basis of a social contract of employment.
- To be registered on a permanent basis in privatized real estate.
Perhaps this is all. The law "On Privatization" is extremely simple and understandable. It describes the basics of translating ideas into reality. We will deal with these features further.
Where to go
What bodies provide municipal housing privatization services? Appropriate requests are required in certain places. Namely:
- at the MFC;
- to the housing administration;
- to the city administration.
Where exactly to go, everyone decides for himself. But it is worth paying attention to the fact that citizens most often go to housing administrations with applications for privatization. So it is possible to cope with the task much faster.
Terms of service
The terms for housing privatization in Russia are not set too long. The thing is that under a similar concept can mean different periods of time. For example, you can only consider the period of response to the relevant application. In this case, residents will have to wait no more than 1 month. So many requests of established forms with prepared packages of papers are considered.
If in general we think about the duration of privatization, it is worth noting that this is a very long process. Sometimes they spend several years on it. This is due to the fact that the operation is accompanied by serious paperwork.
Briefly about the process
How is free housing privatization carried out? To understand this issue, you need to pay attention to many features of the procedure. To begin, consider the procedure briefly.
The privatization guide for housing looks like this:
- Form a package of documents. We’ll review this step in more detail later.
- To coordinate privatization with all tenants of the apartment. It is better to start from this stage.
- Fill out an application for privatization.
- Submit a request to the registration authority.
- Wait for a response from the city administration.
- Conclude a privatization agreement.
That's all. It would seem that the corresponding task has no special features. But in real life, re-registering municipal ownership of oneself can be problematic. Especially if a lot of people are registered in the territory of the house or apartment.
Owner Consent
It is worth remembering that the privatization of official housing is prohibited according to the established rules. Conduct it legally will not work. Therefore, further we will focus on ordinary apartments and houses.
In order to conclude a privatization agreement, citizens must agree on a procedure with all tenants. The consent of all tenants for the operation is required. Otherwise, refuseniks will have to file a refusal with a notary.
What will happen after that? As soon as a privatization agreement is concluded, participants will be allocated shares in the property. Refuseniks will not be homeowners, but they will receive the right to live in the apartment. That is, it is problematic to evict them.
If one of the tenants does not agree with privatization and is silent at the same time, evading a written refusal, you can forget about the process under study. Under no circumstances will the contract of the established form be concluded.
Children and property renewal
Privatization of housing is not the easiest process. Especially if the participants are minor children.
Until the age of 14, each child permanently residing in the apartment must receive a share in the privatized housing. After 14 years, you can remove children from surgery. But it is proposed to do this only through the guardianship authorities. There are no other options for the development of events.
In this case, you have to:
- Prepare documents for custody.
- Request for removal from privatization.
- Get an answer from the guardianship authorities.
As soon as the residents have the appropriate document, you can move on. In general, preparing papers for the operation under study does not take much time and effort. In particular, thanks to the latest changes in Russia.
Documents for custody
A few words about what documentation may be useful to guardianship authorities when considering a request to remove a child from housing privatization. Applicants must attach to the application:
- parent's passport;
- passport and birth certificate of a child;
- certificates of residence of applicants;
- documents confirming the ownership of the child’s property.
If the PLO determines that removal from privatization does not infringe on the rights of minors, they will not refuse the service. The relevant organization will issue applicants permission in the prescribed form. And after that, the housing administration will conclude a contract without a minor. Ultimately, he will not be entitled to a share in the property.
Changes in laws
And what papers are useful for privatizing housing in general? This issue should be approached with special attention. Indeed, it is paperwork that causes a lot of trouble to the population.
Due to recent changes, housing privatization has been extended indefinitely. So far, they are not going to ban this service. In addition, since 2017, a law on the privatization of housing has been in force in Russia ("Real Estate Registration in Rosreestr"). Now, some documents on the property are abolished. They are replaced by one paper - USRN statement. You can no longer get:
- certificate of property rights;
- cadastral passports;
- technical passports.
Accordingly, such certificates will no longer be required when re-registering state property in private ownership. But you have to fill out a USRN statement.
Documents for the transaction
Now you can consider the package of papers for the process under study in more detail. The exact list of documents for privatization depends on the situation. We will focus on the most common option.
So, to privatize property, you will need:
- passports of all participants in the operation;
- birth certificates of children participating in the process;
- statement;
- extracts from the USRN;
- social housing contracts;
- extracts from the house book;
- certificates that all persons did not participate in privatization before;
- marriage and divorce certificates;
- refusals of tenants from privatization (certified by a notary public);
- permission of custody of non-participation in the process of minors.
Perhaps this will be enough. In addition, you will have to submit certificates of the absence of debts for utilities. After that, the housing administration, as a rule, will make a positive decision regarding the issue under study.
After applying
Now it remains only to wait. Within a month, applicants must be sent a response to the request. If the administration agrees to privatization, participants are invited to conclude an agreement. Otherwise, the service will be denied.
To register a contract, only the passports of all participants in the process, as well as their personal presence, will be required. By proxy, as a rule, this kind of operation is not implemented.
After the conclusion of the contract
No. Under current rules, the privatization of housing or the transfer of property rights to property between citizens must be recorded and registered with the Federal Registration Service.
In fact, the owners simply make adjustments to the existing database of real estate information. You can’t do without an appropriate operation.
Registration of a privatization agreement in the State Register includes the following steps:
- Preparation of documentation.
- Filing an application for registration in Rosreestr.
- Receipt of receipt of acceptance of documents.
- Obtaining an extract from the USRN with new data.
Registration of the privatization agreement takes 10 days. Sometimes they can call in Rosreestr earlier, but this does not happen too often.
Help for the registry
And what papers are useful for registering a privatization agreement? There are not as many as it seems. There should not be any problems with the preparation of these.
The thing is that during the first visit to the Rosreestr, new property owners must bring:
- identity cards;
- privatization agreements;
- extracts from the USRN property.
On this, the list of everything necessary ends. Based on the relevant documents, registration of rights in the Rosreestr will be made.
Reasons to refuse
With the privatization of housing in the Russian Federation, we met. What else do you need to know about this operation?
Can privatization be denied by law? Yes, but for this we need good reason:
- lack of a full package of documents for the implementation of the task;
- applicants are not citizens of the Russian Federation;
- privatization participants do not have a permanent residence permit in the territory of the privatized housing;
- some of the applicants have already participated in free privatization;
- documents attached to the application are invalid or are fake.
Privatization is not denied without reason. Citizens must explain the reason for the decision in a written response to the application. If you correct the errors, you can again contact the housing administration with a request for the privatization of housing. The refusal of the operation leaves the participants with the right to re-register the state property in private ownership.
Conclusion
How long will the privatization program for housing operate in Russia? What year? So far, such a right is offered to all citizens of the Russian Federation indefinitely.
The advice, instructions and recommendations presented to you fully reflect the law "On Privatization". Therefore, now everyone can easily cope with the task.
If a person has already exercised his right to free re-registration of state property into private property, reusing this “bonus” will not work. It does not inherit or renew. Only minors can participate in privatization twice - before and after 18 years.
Any municipal apartment, which is not official property or property of the Armed Forces of the Russian Federation, can be re-registered for itself. The main thing is to responsibly treat the task.
After the parties conclude a privatization agreement, the property will be fully transferred to the residents. Usually they are entitled to equal shares in property. The state will lose all rights to the apartment / house. And the responsibility for the maintenance and taxation of housing lies with the tenants. After that, you can safely write out - property rights will not disappear.
Should I privatize the apartment? This issue is of interest to those citizens who live in municipal housing, but are not its owners. In addition, most elderly people oppose privatization, believing that payment for it will increase several times after that. Nevertheless, the process of transferring housing from state ownership to private continues. It is currently free.
Definition
Privatization means the transfer of real estate located in the district and state to ordinary citizens who live in this housing under a social contract of employment. After drawing up the necessary documents, a person becomes a full owner of the apartment. He will be able to give it, bequeath, exchange it for any other housing, sell it, rent it out. Thus, after the privatization process, the citizen becomes the full owner of the property. Now he will be able to independently register on his living space whoever he wants. The employer does not have such an opportunity.
Do I need to privatize the apartment and what are the disadvantages here? Similar questions are asked of those citizens who live in municipal housing and simply pay for utilities. Undoubtedly, there are disadvantages in privatization, because after the transfer of the apartment to the property of a citizen, he will have to pay:
- property tax;
- major repairs (monthly), as well as deposit funds for current repairs.
It turns out that you will need to maintain your own housing on your own, and it costs a lot more. Nevertheless, privatization has its advantages, which consist in the fact that the apartment will belong to a person by right of ownership, and no one will be able to deprive him of his only shelter, even if he does not pay for utility bills.
Decor
In total, the privatization procedure itself does not take as much time as the preparation and delivery of all the necessary documents for this. A lot of them are required:
- all citizens registered in the apartment need passports and birth certificates (only minors);
- social tenancy agreement;
- consent to privatization of all adult members of the employer's family;
- a document from the housing office, which will confirm the absence of debts on utility bills;
- here you must get a certificate of all residents at this address;
- technical passport of an apartment from BTI with a layout plan;
- also from this institution you need to take confirmation that previously did not participate in privatization;
- to receive an extract from the USRIP on the absence of real estate in the property;
- payment of state duty.
In total, this procedure takes up to three months. After all, after collecting the necessary package of documents, you need to contact the administration department engaged in privatization, write a statement and attach all the collected documents. There, experts will prepare an agreement in up to 14 days. Application and documents can be considered up to two months. If everything goes well, then with a ready contract you need to go to the regpalate and get there. After that, register the housing in the BTI.
It should also be noted here that in the presence of children under the age of 18, it is necessary to obtain consent for privatization in custody.
Why is it necessary
Should I privatize the apartment? This question is asked by many citizens living in municipal housing and paying utility bills. Yes, it is advisable to register the apartment as a property so that you can then dispose of it at your own discretion. Because municipal housing belongs to the state, therefore, the authorities will always be able to evict a person from it if the latter ceases to pay utility bills or uses the property for other purposes.
Important
It should be noted that the right to privatize municipal housing is given to a citizen only once in a lifetime. In addition, not all real estate is subject to transfer to the ownership of citizens. The law prohibits the privatization of:
- emergency housing;
- service apartments, they are intended only for temporary accommodation of employees;
- housing in a military settlement;
- dormitory rooms (although there is ambiguous judicial practice in this regard, in some cases citizens still become owners).
Positive points
There are undoubted advantages in privatization, which consists in the fact that a person completely free of charge acquires a dwelling, which he will be able to dispose of at his own discretion in the future. For example, you can give it to a close relative, bequeath, just sell and buy another. In addition, if a person privatized an apartment on the ground floor of a house, then he can transfer it to a non-residential premises and open a store. There are a lot of opportunities here. In addition, if you want to move to another place of residence, citizens have the right to exchange their housing.
Therefore, people who are still thinking about whether it is necessary to privatize the apartment should know that after this procedure they will own it and will have all the rights to real estate. In addition, no one will deprive a person of a single dwelling, even if he does not pay utility bills.
Minuses
They are also available in privatization. After the housing becomes the property of a citizen, he takes all the costs of its maintenance. In addition, the owner will need to pay property tax, which many people with a small budget are unlikely to be ready for. Also, monthly funds must be paid for the overhaul of housing, even if the apartment building is almost new. Accordingly, citizens who are accustomed to costing at minimum cost are not quite ready for such significant costs. Therefore, many are in no hurry to carry out privatization.
Relevant
Despite the fact that the transition from state ownership to private began a long time ago and continues to the present moment, not all citizens fully own this information. In addition, many are interested in the question of whether to pay for a privatized apartment. Yes, you need to pay for utilities, otherwise you can be left without heating, gas and electricity. But nobody can deprive a person of housing, because it is in his property.
There is an equally interesting question that citizens who do not know the legal subtleties are asked: is it necessary to privatize the purchased apartment? No, this is not necessary. Because the purchased apartment automatically becomes the private property of its owner. Accordingly, a person who paid money to a seller for housing and received a certificate of registration of law is already considered the owner of such property.
Another controversial question may be this: is it necessary to privatize a new apartment? Yes, if it is received in exchange for emergency municipal housing. If the new apartment was bought from the company for money, then there can be no talk of privatization. Because such housing automatically becomes the property of a person after receiving a certificate from the regal chamber.
Cooperative housing
Based on the definition of "privatization" it is worth saying that in this case it will not be needed, because such apartments do not belong to municipal and state property. This housing belongs to a cooperative - a voluntary association of citizens created to meet real estate needs. After each citizen makes his share - a certain amount of money in full, he will be able to arrange the apartment as a property. Therefore, the question of whether to privatize a cooperative apartment, we can safely answer that this is not necessary. This accommodation does not belong to the municipality.
But in order to register a cooperative apartment, you need to pay a share and secure your right to it in the registration chamber. As a rule, after filing all the documents you need to wait one month. It is also necessary to pay a state duty in the amount of 1000 rubles. Therefore, the question of whether it is necessary to privatize a cooperative apartment in Russia, we can safely give a negative answer. Because this property is not state property.
Is it necessary to privatize an apartment in Khrushchev
This question cannot be answered unequivocally. If the house is not recognized as emergency, then you can privatize. Otherwise, the law prohibits doing so. From emergency citizens are relocated to another municipal housing. But in our country this does not happen very often. Therefore, it is best to privatize and sell existing housing, and then acquire another.
Taxes
After the procedure is completed, and the citizen receives a certificate of registration of the right to an apartment, he becomes its owner. This means that he will not only be required to fully maintain his real estate, but also pay taxes for it. Therefore, not all citizens strive to become owners of municipal housing. All persons who are wondering whether it is necessary to pay tax for a privatized apartment should know that this must be done. Because housing is now considered the property of a citizen.
First of all, you need to understand if there is an opportunity to privatize housing and where exactly you need to start your actions if you want to do this. Many municipal institutions offer real estate that has an owner. Such conditions are strictly prohibited. In this case it is worth checking the property for existing owners.
The collection of documentation should be taken seriously. Some citizens cannot complete the privatization process due to the lack of a full package of documents. Situations are the most unpredictable. Basically, it is not enough to draw up a specific document, or it is invalid from a legal point of view.
What do you need from registered people?
The apartment is provided for families with one or more children. In apartments for hire people can live for several years. Over a long period of time, children grow up and become adults. However, owners of their own real estate have legal rights to register privatization or refuse it.
Before making a transaction, you should ask for consent from registered persons in an apartment for privatization. An ideal option would be a written consent, which will provide each registered person in the apartment. If third parties refuse to register privatization, their opinion will be taken into account only in case of violation of legal rights. Be sure to take into account the opinion of any registered citizen in the apartment.
The procedure for obtaining the consent or possible refusal of registered persons is considered in court. The process examines and analyzes the arguments of each side.
Important! The consent or refusal of minor children to this procedure rests with the decision of the parents and full guardians. Representatives of children should provide information that will provide a positive decision for adolescents in the future.
Property Option Definition
Next an important step is the definition of property options. It is of 2 types:
- sole form;
- collective form.
In the sole form, there is only one owner, who has the right to dispose of his own property. In this case all residents must write a waiver of privatization. The document must be certified in a notary's office. Difficulties may arise if minor children are registered in the dwelling. For their refusal, the consent of the guardianship authorities will be required. Usually they refuse to complete this procedure.
For couples there is only the option of joint ownership. In the presence of other tenants, the option of collective ownership is suitable. In case of refusal of privatization, any citizen has the right to reside in this apartment if he has a permanent registration.
We wrote about the features of transferring social housing into ownership, depending on the number of participants in the transaction, and about who you can privatize the apartment for.
Preliminary Steps
Other features and nuances of preparation
Main the process of privatizing an apartment is complex and time consuming. Registration takes place in stages, and the main part consists of the collection of all important documents. They are divided into 2 groups: information about the apartment and information about the residents.
There are cases when tenants refuse to privatize for many reasons. First of all, they have no desire to collect a complete list of documents and stand in lines of special institutions.
Some citizens refuse to get more real estate for their relatives. Like the refusal must be certified by a notary.
- A citizen in a statement indicates his personal data and the reason for his refusal.
- The document describes the persons who live in this apartment.
- It indicates the permission of the guardianship authorities, which does not affect the interests of minor children.
You can take a sample application from any notary, this is where the competent paperwork begins. In the notary office they will help to correctly fill out the document. After performing all the actions, the presence of a person is not required.
Documents are accepted by the employee of the department of the corresponding structure. He must register all actions in the journal and certify them with his signature in the presence of the applicant. Then the seal and the date of receipt are put on the document. A citizen receives a receipt on receipt of documents. The duration of the procedure is 60 days.
For paperwork you have to pay a certain amount Money.
- The state duty is paid in the amount of 300 rubles.
- The cost of a duplicate transaction is 100 rubles.
- In BTI for a technical passport you need to pay about 5000 rubles.
- Urgent receipt of documents will be about 20,000 rubles.
- Notary services will cost 1000 rubles.
The full process of privatizing an apartment should be carried out in stages. With all seriousness and responsibility, you need to approach the collection of documents. Before signing the transaction, you must carefully read the contents of all documentation.
Privatization of housing is considered the primary transaction in the real estate market, as a result of which the apartment becomes the full property of a citizen of the Russian Federation. Moreover, all subsequent steps associated with various transactions for the purchase / sale of real estate depend on the main procedure - the privatization of housing.
The law on Russia was adopted back in 1991 (“On the privatization of the housing stock in the Russian Federation”), and since then privatization of apartments into private ownership has been actively ongoing.
It is difficult for an ordinary person who first encountered questions about the privatization of apartments and is far from the nuances of Russian legal legislation to understand all the intricacies of the process, so detailed explanations are needed: where to start privatization, what documents to collect, etc. Consider the main stages of privatization in Russia.
Special conditions for the privatization of apartments in the Russian Federation
According to statistics, today about 20% of the population of the Russian Federation have not yet privatized their housing. Therefore, the State Duma decided to extend the terms of privatization until March 1, 2013, and then until 2015. Until this deadline, citizens can register their property rights to housing and, in particular, to apartments for free. Further, as authorities point out, the privatization of apartments will no longer be extended.
They have the right to privatize housingthose apartment owners and members of their families who live on the occupied living space under an agreement and have not yet participated in the privatization of other housing. Those citizens who live in apartments under contracts for the gratuitous use of housing cannot obtain the right to privatize.
For apartments also there are restrictions on the right to privatize. For example, Russian law allows only those apartments that are part of a municipal or state housing stock to be privatized. Such categories of housing are not subject to privatization as: rooms in dormitories, apartments in disrepair, located in military camps, or those apartments that are considered official and belong to the housing stock of an organization or enterprise.
The procedure for privatizing an apartment: where to start the first steps to privatize?
Primarily, apply to local city or district authoritiesengaged in the privatization of housing. For example, to privatize an apartment in Moscow, residents of the capital must contact the district office at the place of residence, in the department of the Housing Fund Department.
A whole package of binding documents is attached to the application. If several adult family members wish to participate in the privatization of an apartment at once, then the power of attorney for the collection and execution of documents is notarized for one person speaking on behalf of all those claiming the right to own housing.
Currently, many private agencies are providing assistance in privatization issues if the person himself does not have time to draw up documents and go to the authorities. This is especially true if the privatized apartment was redeveloped, if the owners of the apartment want to urgently sell or change the living space in other unusual situations.
What documents do you need to provide for privatizing an apartment?
Documents required for the privatization of the apartment:
- Passport, birth certificate (for children under the age of 14 years) or other documents proving the identity of a citizen of the Russian Federation.
- Certificate from BTI (technical passport for the apartment with a floor plan and explication).
- Extract from the house book.
- Financial and personal account.
- The social contract, which is executed in the department of the Department of Housing.
- An apartment order or a certificate with a permit for privatization, which is issued by the district housing commission in the absence of a housing order for any reason.
- A power of attorney for the holder of documents on privatization of the apartment, signed by other family members participating in the privatization. The power of attorney for the privatization of the apartment must be certified by a notary.
- Check on tax payment on state duty.
As additional may be required: extracts from the house book at the previous places of residence of the applicant, certificates with information about the children who are registered on this housing, but who do not currently live at the place of residence in connection with the trip to the place of study, etc.
The main stages of registering an apartment for urgent and non-urgent privatization
According to Russian law, citizens have the right to participate only once in the process of housing privatization.
According to the terms, the privatization of the apartment is divided into urgent and non-urgent. Both in the first and in the second case, all documents are collected at the organizations of the EIRTs, ZhEK, DEZ and other departments of municipal and state bodies. But urgent privatization usually takes no more than one month, while ordinary (non-urgent) privatization can last up to 3-4 months.
Conditionally the whole process of apartment privatization can be divided into several main stages:
- Time to collect documents.
- Time to submit the collected documents to the department of the Department of Housing Fund and review this package of documents.
- Payment of duties and fees for state privatization.
- Registration of ownership of an apartment in the UFRS (Office of the Federal Registration Service).
The main advantages of the privatization process of apartments:
- After privatization, citizens become full owners of the apartment with the right to sell, donate, rent or exchange it at their own discretion.
- Privatization is the acquisition of housing in the property for free, which is much more profitable than buying an apartment for a lot of money.
- Own privatized housing can be exposed as collateral in obtaining a bank loan.
- In case of rent arrears, homeowners do not have the right to evict the occupied space, while the state has the right to evict the tenant of a non-privatized apartment in case of non-payment of the debt.
- If the apartment was privatized by the spouse before marriage, then in the event of a divorce, the property remains entirely with the citizen for whom the privatization documents are drawn up.
The disadvantages of privatizing an apartment includeonly one significant minus. In case of non-payment of debts in case of non-repayment of loans, non-privatized housing cannot be confiscated from residents, as it is the property of the state or municipal fund. If the housing is privatized, then it can be confiscated in different legislative and legal situations, when the tenant violates the terms of the contract.
Summing up all of the above, we can conclude that at this stage of state power and the structure of our society privatization of an apartment is a necessary process for all citizens. The most important thing is that you need to think through your steps correctly and choose the right time to register your apartment. For example, if a person lives in an apartment located in an emergency building, planned for a quick demolition, it is better to wait and receive free housing from the state after the house is resettled.
Until 1991, most citizens of the USSR were not considered owners of residential real estate in which they lived, since it belonged to the state. Mass privatization began only in 1991, when the corresponding law was passed. From the very beginning, it was assumed that the process of free transfer of housing to private property would someday end. Periodically, the government set a certain period, which, naturally, caused unrest among those who had not yet managed to privatize housing, people were in a hurry, made hasty decisions that were not always beneficial for them. In addition, this entailed huge queues, endless statements to the authorities that issued permits, as well as lawsuits, because in some cases the privatization of apartments was hampered by the fact that there were rather complicated relations between the owners.
as a rule, the state went towards those who had not yet managed to confirm their right to free housing. At first, the term for the free transfer of the apartment into the ownership of its tenants was extended until March 2013. At the same time, several categories of Russian citizens were identified who would be able to privatize residential real estate later than this date: war veterans, servicemen standing in line for an apartment, residents of old houses waiting for resettlement, as well as orphans. But it soon became clear that many people who are not members of the above-mentioned groups again do not have time to complete all the necessary documents, so they again moved the deadline. This time, free privatization should be completed on March 1, 2015, i.e., all papers must be collected and submitted to the relevant state bodies no later than February 28, 2015.
As practice shows, the process of acquiring housing in the property on the basis of the right to free privatization takes about 2.5-3 months. Of these, two months will be spent on consideration of the application. That is, if you have submitted all the required documents, their verification will take about two months, and after this period you will be asked to sign the contract. But you will become the full owner only after the end of the state registration procedure, and this is another two weeks to a month.
What else do you need to know about privatization? Like any legal process, it involves a number of subtleties, which we will discuss further. We hope that the information provided in this article really helps you.
Privatization - in stages
The first thing you need to start with is getting a notarized power of attorney, which will indicate either the consent of the relatives to privatize the apartment, or their refusal to participate in this procedure. Having this document in hand, you can independently go through all further steps, representing the interests of everyone who lives in the apartment. Even a minor child can become the owner of a living space, but this will require the consent of all family members.
Next - you need to collect a package of all required documents. All citizens living in the apartment will need passports, birth certificates, as well as certificates of marriage or divorce. To this must be added a social housing rental agreement, an apartment order, a room passport, duplicate receipts for the payment of housing and communal services for the last three months. Finally, an extract from the house book is needed, as well as a certificate stating that this housing has not been privatized before.
In BTI (Bureau of Technical Inventory) you will need to get a phased plan and explication of the premises. The documents should indicate any redevelopment (if they were carried out, of course), and each of them must be confirmed by legal grounds. Please note that many documents have a limited validity period.
In some cases, you may be asked for additional information: a change of surname, name, patronymic, a change of residence after 1991, and a replacement passport.
It is quite possible to collect all the listed papers independently, but all this takes time, and in some cases it happens that a person gets confused, receives documents in the wrong sequence, which significantly delays the process. Therefore, many prefer to turn to specialists who, for a moderate fee, will undertake to prepare a package of documents. Lawyers have been providing such services since the adoption of the first privatization law. Importantly, professionals not only know how to collect the necessary papers with minimal time, but can also advise on complex and controversial issues. We repeat that their services, of course, cost money, but this will save you time and nerves.
Do I need to privatize the apartment?
There are people who sincerely do not understand why bother with transferring housing into private property. At first glance, the owner does not have any special benefits. If we compare the residents occupying housing under a social contract of employment and those who privatized their apartment, the former often find themselves in a better position: they pay less for utilities, as part of the costs are compensated from the municipal budget. Plus, tenants do not need to worry about real estate tax, which is still symbolic, but someday, judging by the plans of the government, it will increase markedly.
Nevertheless, there are a number of advantages that are obvious to any person who thinks for the future. First, even in rich Moscow, which generously subsidizes tenants, it is planned to switch to 100% payment of housing and communal services. So the owners of apartments, and those who live in them on a social hiring basis, will pay the same (and in many cities of Russia this practice already exists). Secondly, the landlord has the right to do whatever he wants with his apartment (within the framework of the law, of course): he can sell it as a present, bequeath it, he does not need to receive the permission of the municipality to rent out the property. Also, owners have the right to participate in meetings of members of a partnership of homeowners, exerting a direct influence on what is happening in their house.
In addition, the state secured the right for Russian citizens to deprivatize their housing. Once in a lifetime, you can waive ownership and re-sign a social contract of employment. The value of this opportunity is that real estate tax rates may turn out to be too high for people who own an apartment, therefore, perhaps this solution will be beneficial for them.
A certain problem is the division of property during a divorce. Current legislation suggests that if an apartment was privatized by one of the spouses before marriage, then it remains in its ownership after the divorce proceedings.
It is also worth paying attention to the fact that during the sale of privatized housing is estimated to be more expensive, therefore, the cost of time, nerves and money in the future can turn into additional income with a successful sale and purchase transaction.
But, on the other hand, privatized housing can be taken from the owner if, for example, he does not pay interest on the loan. It is impossible to take away state housing from the one who lives in it on the basis of a social hiring agreement.
Who is eligible for privatization?
The right to become the owner of the apartment is the one who currently resides in it on the basis of a social contract of employment, that is, the tenant and members of his family. If housing is provided to a person under a gratuitous use agreement, it is not subject to privatization. Persons who temporarily reside there may not apply for housing, regardless of the degree of relationship with the employer.
If for some reason it is necessary that the right to property arise from a relative who does not live with the tenant and his family, he will have to be registered in the apartment. This will require the written consent of all family members. Accordingly, housing will be privatized in equal shares for all who will be included in the contract.
It is possible to waive the right to privatization, this is executed in writing and certified by a notary office. However, the refusal must be addressless, that is, you cannot transfer your right to share to someone else.
As for persons temporarily absent from the apartment, their rights cannot be infringed. Even if they are not present at the time of signing the agreement (for example, they are located abroad, serve in the army, serve imprisonment, etc.), their share of property will be reserved for them. At the same time, the periods of temporary absence can be any, the law does not imply the possibility of depriving a citizen of the right to use housing only on the basis that he has been elsewhere for some (maybe very long term). In order to avoid any problems, a temporarily absent person will need to fill out a reservation - this is an appropriately executed statement.
You also need to know that free privatization is allowed only once, but there is an exception. Those whose rights during the previous transaction were violated can repeatedly participate in this process, and the violation of rights is confirmed by a court decision. Despite the fact that the proceedings in this regard can be quite complicated, it is quite possible to file a lawsuit and win a case of violation of rights.
How to find out if an apartment is privatized?
In some cases (for example, when buying an apartment) it may be necessary to clarify whether the housing is privatized or not. The answer to this question can be obtained from the Office of the Fed (Federal Registration System), but you will have to pay for it.
There is another option. If you know at least the initials of citizens living in the room you are interested in, you can call the Unified Settlement Center and find out the answer there. This can be motivated even by the fact that you plan to purchase this apartment, but you have some doubts.
The fact is that information about whether residential real estate is privatized or not is necessarily indicated in any receipt for payment of housing and communal services, that is, the operator of the Unified Settlement Center has access to this information and, providing it, does not violate any laws .
Privatization Benefits
The main advantage of privatization is that the apartment becomes the private property of its owner. It means that:
He can sell it, give it, exchange it, rent it out without asking anyone for permission; - he can pass it by inheritance; - it cannot be evicted from the privatized housing occupied by it without paying its full price or without providing it with a similar apartment; - he himself, without resorting to municipal authorities, can enter any person to himself or, conversely, write out; - the owner has the right to redevelopment, which still needs to be agreed upon, however, this procedure takes a minimum of time; - he can use his apartment as collateral in obtaining a mortgage.
Disadvantages of privatization
However, the privatization of residential real estate has several disadvantages. Firstly, the apartment will need to pay tax annually. Now it is very modest, but periodically it is reported that tax rates will increase significantly in the near future. Secondly, if the owner does not leave a will, all legal heirs can claim the apartment, which can cause family strife. Thirdly, the owner needs to participate in the maintenance of the house and the regular repair of its structures - not personally, of course, but by paying certain amounts from his own wallet. This leads to an increase in rents.
Separately, it must be said that the privatization of emergency housing, as well as the transfer of ownership of an apartment with a large number of family members, is not the best solution. According to the law, if the house is resettled, the owner will receive an apartment of the same area, to the one who rented the apartment on a social hiring basis - 18 meters for each registered family member, so the tenant is likely to benefit.
What kind of housing can not be privatized
Russian law defines four groups of premises that cannot be privatized:
Premises in closed houses; - premises in dormitories; - premises in emergency condition; - almost all office space (there may be exceptions).
However, you need to understand that, for example, a premises in disrepair and one that requires a major overhaul, from a legal point of view, belongs to different categories, therefore the first cannot be privatized, and the second is completely allowed, and the landlord must make repairs. There are also no restrictions on obtaining privately owned premises subject to modernization, reconstruction and even demolition.
How to privatize an apartment
The apartment can be privatized both independently and with the help of specialists. In the first case, you will spend less money, but it will take more time, and there may be some difficulties that the extradition did not know about when you started collecting documents. In the second case, everything will go much faster and almost certainly without any problems, but you will have to fork out.
Before embarking on independent privatization, you need to visit the BTI and take a list of necessary documents. You must also collect written consent from everyone who is registered in your apartment. If before 1991 you lived in another city, you will need an additional extract from the archive of your previous place of residence.
As the experience of many people shows, to do all this without the help of professional lawyers is quite realistic. But if you think that you do not have time, feel free to contact a real estate agency, and qualified specialists will do all the work for you.
How to register in a privatized apartment
In the house where your apartment is located, there is an HOA, a management company or a housing office, and they must have passports. It is to the passport holder that you need to come with a package of documents, which should include: an identification document (traditionally, this is a passport, but there may be other options), an application for registration, an apartment privatization agreement, address slip. Men must additionally present a military ID.
Registration takes 3 days from the date of submission of documents. After that, your passport will display a registration mark at the place of residence. If you did not provide a passport, but another identity document, you will be issued a separate certificate of registration.
What documents are needed for privatization
To become the owner of the apartment, you must collect the following documents:
Copies of passports of all citizens registered in the apartment; - copies of the birth certificate of all persons under the age of majority registered in the apartment; - copies of the death certificate of all citizens that were previously registered on this housing; - copies of documents confirming the change of surname, name, patronymic (if necessary); - notarized copies of documents confirming participation in privatization; - certificate that you have not previously participated in privatization; - a document confirming registration at the place of residence (necessary only for those citizens who moved from another country); - all documents for the apartment, that is, a warrant, an exchange order, a social contract of employment, a passport of a dwelling, an extract from the order; - certificate of redevelopment (if any); - notarized refusal of minor family members from privatization.
How to exchange a privatized apartment
The law does not impose any prohibitions on the exchange of a privatized apartment, however there are several restrictions that the so-called situational in nature, that is, they may arise in some circumstances.
The main thing that is worth considering here is the observance of the interests of the minor owners of the apartment being exchanged. In order to translate your exchange plans into reality, you must obtain permission from the guardianship authorities. Without such permission, a transaction cannot be registered. In order for the guardianship authorities to issue official consent, it is necessary to confirm that during the transaction the property and housing situation of all minors will not be affected.
For such confirmation, you will need to collect title documents for all apartments participating in the transaction. Also required documents from the BTI, i.e., explication and cadastral passports, edits on the estimated value of all apartments. All listed securities must be accompanied by copies of financial personal accounts and extracts from house books. Only then can one count on a positive decision by the guardianship authorities.
Naturally, the inspector will need to present all the documents confirming the relationship between the child and the parents. Legislation in this matter is still somewhat blurry, so there have been cases when representatives of guardianship agencies have shown creative imagination and have requested a lot of papers, which took a lot of time to collect. In order to be prepared in advance for the inspector’s creative imagination to be wide, it’s better to first communicate with him and specify what documents you need to bring. It is better if the inspector himself writes you a list, in case of a dispute you can appeal to this.
For legal execution of a transaction, purchase and sale or exchange agreements are usually used, and the former is much more common. Since it is far from always possible to find sellers who are ready to directly exchange their apartments, the scheme usually looks like this: the apartment that will be exchanged is put up for sale, and then, when the buyer is on it, the seller selects housing from the options on the market.
Experienced realtors can build a rather complex scheme, which is a chain in which several apartments are involved at the same time, whose owners, selling and buying housing, ultimately get what they wanted.
At the same time, the package of documents that is needed for state registration does not differ from that required in a regular real estate transaction. After the transaction (or chain of transactions) is completed, you need to go to the Rosreestr Office where all ownership transfers will be registered, and the new owners will receive title documents for their new housing.
How to refuse a share in a privatized apartment
Russian law does not permit privatization of all members of the employer's family, but in order to do so, an additional condition must be met. We are talking about a written notarized refusal of citizens living with the tenant of their right to privatize housing. Any of them may refuse in favor of other family members, and for this the state guarantees him the right to use the premises indefinitely. This means that he has the right to live in an apartment even if the family relationship between him and the property owner ceases, if the apartment is sold, donated, etc.
Naturally, this can lead to unpleasant legal consequences and complicate relations within the family; therefore, if possible, it is better not to give up your right to privatization. In addition, not every buyer will risk buying a house in which a stranger is registered, which is quite difficult to get rid of. Therefore, when making a purchase and sale transaction for an apartment, you need to carefully find out if anyone who has the right to reside is registered with it.
How is a privatized apartment divided?
The joint property of the spouses is an apartment in an apartment building, as well as a share in the right of common shared ownership of communal property, which will be proportional to the size of the apartment, calculated in square meters. Suppose the couple decided to share an apartment. This means that they will no longer have common joint ownership, but a common shared property will appear. The court will determine the procedure for using the apartment rooms, assign them to the spouses, taking into account the composition of the family, various circumstances (maybe one of the spouses is ill, is disabled, etc.). The common areas (bathroom, kitchen, toilet) will remain in shared ownership.
At the same time, Russian legislation provides for the possibility of allocating some of the premises to any of the participants in the common property, if they are completely isolated, and it is also possible to equip a separate entrance. This procedure is also carried out only through the court, no one has the right to independently appropriate the right to use certain premises.
Today it is quite possible to divide a privatized apartment so that each room is a share in the common property. A certain difficulty arises only when the couple try to share a one-room apartment - it will still remain in their common shared ownership simply because the only room cannot be divided in half.
As a result of all these operations, the share of each of the former spouses in community property will decrease and will be proportional to their share in the privatized apartment.
If the privatized apartment is completely in the individual property of one of the spouses, then upon dissolution of the marriage, the second spouse loses the right to use the living space. But the court can decide that the owner must provide the former spouse with housing or allow him to reside in his territory, for example, subject to the timely payment of alimony. This is usually motivated by the illness of one of the participants, the inability of him / her to provide himself with housing.
What is privatization?
Privatization is, as the name implies, a legal operation whose meaning is the opposite of privatization. That is, we are talking about the rejection of the privatized apartment.
A classic example of the benefits of this operation is the rejection of ownership of housing in a house intended for demolition. As mentioned above, according to Russian law, the owner of a privatized apartment in case of resettlement and demolition of the house will receive housing, which in size corresponds to what he previously occupied. But those people who lived in a dilapidated house on the basis of a social tenancy agreement have the right to get an apartment, the area of \u200b\u200bwhich is calculated by the formula: the number of family members x 18 square meters (sanitary norm). Obviously, if you have a large family, it’s more profitable for you to privatize the apartment and get new housing under a social contract of 18 square meters per person.
Also, privatized apartments are being repaired at the state’s expense, while privatized apartments are being repaired for the owner’s money.
Very often lonely elderly people refuse to privatize their housing, who find it difficult to maintain an apartment on their retirement (especially if they are lucky enough to stay alone in a multi-room apartment). Privatization for such people is a good opportunity to reduce housing costs. But at the same time, various scammers are becoming interested in their living space.
To give up ownership of the apartment, you need to write a statement. The owner writes it, and all owners must put their signatures. Then the application is submitted to the Department of Housing Policy and the Housing Fund, a photocopy of a passport or other identification document is attached to it; extract from the house book; document confirming the absence of restrictions or burdens; data sheet; copy of personal account; receipt of registration fee; title documents.
How to privatize an office apartment
It is forbidden to privatize office premises in Russia, but there are exceptions: this is allowed to be done if the form of ownership has been changed or the institution (enterprise) was liquidated before the entry into force of Art. 18 of the law of the Russian Federation "On privatization of the housing stock."
The decision to privatize the office premises can be made by its owner, as well as the company, to which the housing fund is assigned on the basis of full economic management (as an option, the institution managing the housing fund). Therefore, in our time, enterprises and institutions engaged in the operational management of residential buildings can issue permits for the privatization of both office premises and their communal apartments.
Privatize or not?
So, we examined the main features of privatization, and also revealed a number of subtleties associated with specific circumstances and situations.
As practice shows, as long as the property tax has not increased, there is no significant difference between home ownership or social hiring.
Russian law does not require every citizen to become a homeowner. We can all choose the option that seems most suitable, and even minors can have a share in privatized residential real estate (if they are members of the employer's family).
Moreover, even if you have already privatized an apartment once, you have the opportunity to change your mind and abandon your decision, having received the same property from the state back, but on a social hiring basis. If your plans do not include the exchange or sale of an apartment, then the refusal to use your right to privatize or privatize if you once signed an agreement on transferring the apartment to your private property is quite justified
Many Russian citizens fear that payment of housing and communal services and the cost of repairing privatized housing will be unbearable for them. However, it must be borne in mind that far from all cities, social housing tenants receive assistance from the budget, not to mention the fact that it is planned to abandon it in a number of cities providing such assistance.
At the same time, it is not worth presenting the case as if only a few homeowners would pay for the repair of the whole house as a whole. During serious work, expenses are divided equally, both owners and employers take part in them. The state offers a number of programs, the participants of which also have the right to receive financial assistance both from the federal government and from the municipality, and owners of private residential real estate can also count on support from the budget.
We have offered you information on how things are going with privatization in Russia. We hope that you have found the answers to all your questions in it. To privatize an apartment or to live in it on the terms of a social contract of employment - only you can decide.