Instructions

Collect all documents necessary for privatization. Make copies of the passports of all citizens over 14 years of age registered in the apartment, as well as the birth certificates of children. All persons registered in the apartment can take part in privatization, regardless of whether they are included in the social rent order or not. If the apartment was previously registered by persons who lost the right to use by court decision or died, prepare appropriate court decisions or death certificates explaining the absence of these persons during privatization.

Take the original documents on the basis of which this agreement was concluded. This could be: an order for, an exchange order or an extract from the order, and also prepare a social tenancy agreement and a residential passport. Contact the regional BTI office and receive an explanation and a floor plan of the property being privatized.

If at least one of the participants in your privatization was not permanently registered at the address of this apartment after 06.1991, confirm the fact of his continued right to privatization. To do this, take an extract from the house register from all places of residence of this person and a certificate of his non-participation in the privatization of other municipal housing. If he previously used the right to privatization, this person will not be able to participate in the privatization of your apartment. However, you will need the consent of this person to privatize this housing.

If any of the persons registered in this apartment refuses to participate in privatization, obtain a written and notarized refusal from this person. Take an extract from the house register for the privatized apartment from the passport service in your area.

If there is a discrepancy in the first, last name or patronymic of the same person in the collected documents, attach to the package evidence confirming the change in personal data, for example, a marriage certificate.

With all the collected documents, come to the Department of Housing Policy and Housing Fund of your city and write a standard application for privatization of the apartment. All registered persons must personally come to the Department and express their consent to the privatization of the apartment. For minor participants in privatization, consent is expressed by their representatives: parents or guardianship authorities. Moreover, registered citizens who do not participate in the privatization of this apartment must also express their consent to the privatization of this housing for the rest of the registered persons.

Within the prescribed period, after receiving from the Department a document on the transfer of ownership of this apartment to citizens, register your ownership rights in the Office of the Federal Registration Service (UFRS) of your area. Provide the Federal Registration Service with a signed privatization agreement from the Department, a technical passport of the BTI for the apartment and receipts for payment of the state duty. IN month period the specified apartment will be registered as the property of the persons participating in the privatization.

note

Minor children registered in the apartment participate in its privatization without fail and receive their share of the apartment in ownership.

Sources:

• how to privatize an apartment Required documents

An apartment building is a building that has more than one apartment. Every home has public property. The basement, attic, roof, and technical rooms of the house are considered public property. A complete list of public property that is public property is listed in Article 36 of the Housing Code of the Russian Federation. And in accordance with the Housing and Communal Services of the Russian Federation dated March 1, 2005, all owners of residential premises have the right to public property in shares proportional to the area of ​​privatized apartments. But this does not mean that you can use your part of the common property as you please. You must take all your actions only with the consent of the other owners of the public property of the apartment building.

Instructions

When privatizing apartments and residential premises, it is necessary to take into account the interests of minor citizens of Russia, as well as persons who have the right to privatize a given area, but do not have the opportunity to do so. For example, persons in prison, or persons under guardianship or disabled people. It is these categories of citizens that are the most difficult part of privatization, since even after time they can claim their rights to your property. To avoid such conflicts, you must obtain written consent to the sale of all persons living and registered in the residential premises of this apartment building. As well as the consent of their parents and guardians. For the competent privatization of an apartment building, it is best to find experienced specialists in legal or solicitor firms.

Tip 3: How to privatize social housing in 2017

Privatization of social housing is its transfer by the state into the ownership of citizens. You can privatize housing for free only once in your life until March 1, 2013. To do this, you need to prepare the required package of documents and contact the housing policy department of your district.

You will need

• - passport;
• - application to the department;
• - extract from cadastral documents;
• - certificate of non-participation in privatization;
• - extract from house and personal accounts;
• - resolution;
• - application to FUGRTs;
• - receipt for registration.

Instructions

To register the privatization of social housing, submit an application from all registered persons in the housing area. Everyone is required to apply in person or submit a notarized power of attorney to carry out privatization on their behalf. If one of the persons registered in the residential area does not intend to participate in privatization, it is necessary to obtain a written notarial refusal.

Next, you need to prepare cadastral documents for social apartment. To do this, contact the BTI, submit an application to call a technical engineer, present your passport and rental agreement or warrant, pay for the preparation of technical and cadastral documents.

Based on the inspection of the living space, you will receive all the necessary documents; write an application to receive an extract from the cadastral passport, a copy of the plan and explication of the building.

Contact the housing department. Receive an extract from the house register about everyone registered in the residential area and an extract from the personal account of the housing.

Free privatization started on September 1, 1991. If before this period you or the persons registered in the housing area lived in another place, you will need to obtain a certificate from the Housing Policy Department from all places of residence about non-participation in free privatization. If you have already registered social housing as your property for free, then the next time you register, you will have to pay the cadastral value for it. To do this, obtain a certificate from the BTI.

With the received documents, contact the department again. You will be given a decree to transfer ownership of social housing.

Contact the FUGRTs, write an application, pay the registration fee, present originals and copies of all received documents. In one month you will become the owner of social housing.

It is quite possible to carry out rapid privatization of municipal property. Long periods of time are required only to prepare the necessary package of documents, which are provided for by established legislation for presentation to the Housing Policy Department. If you order all the documents and pay expedited rates for their production, a decree on the transfer of ownership of housing can be obtained within one month.

Is it possible to privatize a room in a municipal apartment? Regulations privatization of housing in the Russian Federation contained in the Federal Law“On privatization...” dated 07/04/91.

According to him the apartment privatized exclusively in its entirety or in the property of one of the registered, subject to .

Registration of ownership of part of the housing not provided. But at the same time, a similar action can be performed if part of the apartment or room allocated actually. In this case, the apartment becomes essentially communal.

If an obstacle to the exercise of this right is the disagreement of anyone registered in the apartment, you can try implement it having registered the rights property only for your part of the home.

Goals

Allocating a room and then privatizing it allows you to become the rightful owner of the living space. From the moment of receiving the Certificate of Ownership of the room, the owner can take the following actions:

1. Conclude transactions for the alienation of a room (share).
2. Register any tenants in your living space without the consent of your neighbors.
3. Rent out a room.
4. Bequeath this living space.

Minus privatization of a separate room is the lack of rights to common areas.

From the moment of privatization of part of a municipal apartment, the owner becomes owner of only a certain number of square meters.

He can only use the rest of the area (bathroom, toilet and utility rooms) together with other residents. He will not have property rights to this area.

How to allocate a share?

To acquire ownership rights to part of an apartment prerequisite is the allocation of this part in the form of a separate share in kind.

Since the law privatization of part of a common object is prohibited Therefore, the possibility of acquiring ownership rights to a share will become possible if it becomes a separate object.

For such an opportunity to arise, part of the apartment must meet the following requirements:

1. Represent a separate room or several rooms.
2. Have a separate entrance.
3. Be a completely isolated room from other rooms.

If it is possible to separate part of the premises, you need to start by contacting the owner of the property - local authorities. Because the The division requires redevelopment of the apartment, in the application you must ask permission for such actions.

If the answer is positive, you must contact the appropriate organization to draw up a redevelopment project.

Having received all the necessary permits and documents, residents make room section.

Then, for each individual object, a new social tenancy agreement.

The allocated parts of the apartment become separate objects and are privatized in the usual manner.

By agreement of the parties

How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with part of the bathroom and kitchen, division can be carried out by agreement of the parties.

In this case, those registered in the apartment draw up an agreement on the right to use the residential premises, which determines which specific room belongs to each resident.

The agreement specifies the following information:

1. Parties to the contract. Personal and passport data, information about the date of registration in the apartment.
2. Address and characteristics of the premises.
3. Distribution of rooms between residents, indicating their area.

The document is signed by the parties and certified by a notary.

By agreement, everyone can use a specific room is transferred, the rest of the apartment area remains in joint use.

Thus the apartment becomes communal with isolated living quarters and common areas.

How is part of a municipal apartment privatized without the consent of the residents?

Drawing up a separate rental agreement

Is it possible to privatize a share in a municipal apartment without the consent of the other residents? If it is not possible to reach an agreement with the apartment residents peacefully, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate rental agreement.

In this case, the last word remains with the owner of the premises, that is, local authorities.

A citizen needs to contact the settlement administration with a request for concluding new social employment contracts for the occupied living space.

It is quite difficult to achieve a positive decision from the authorities in this case, since turning the apartment into a communal apartment is not profitable for the authorities.

But if there are strong arguments and a loyal attitude of local governments this option is still possible.

If the authorities cooperate citizens and will enter into several rental agreements with residents of a municipal apartment, each of them will become the owner of a room and will be able to acquire ownership rights to it.

If the authorities refuse to carry out the procedure, you can try to resolve the issue through court. A citizen files a claim for the renegotiation of social tenancy agreements.

Residents must prove what's in between no family relationships, and they manage the farm separately. When filing such a claim in court, it is advisable to seek the help of an experienced lawyer.

Division of personal accounts

How to divide the personal account of a municipal apartment? An important step in allocating a share of an apartment is separation of personal accounts. Because the room becomes a separate object, such action becomes possible.

Registered citizen you need to submit an application to the Criminal Code or another organization that processes payments. The application must be accompanied by a passport and a rental agreement. A separate account is opened for a specific room with a width of at least two square meters.

In Moscow the minimum size of such a room should be 9 square meters. The size is not defined in the Housing Code of the Russian Federation, so other regions set their own standards.

If there is no agreement between residents or a separate social tenancy agreement, division of personal accounts is possible only through court.

You can find out whether it is possible to privatize a share in an apartment from the video:

The privatization of apartments, which began in 1991, has not yet been completed. There will be no specific deadline for the end of free privatization.

Previously, it was assumed that after the specified period, it would be possible to privatize housing rented under social tenancy agreements only for a fee.

Why do you need to privatize an apartment?

Today in the Russian Federation there is order 70% housing transferred to private ownership through privatization. In European countries, this figure rarely reaches even 40%. People there prefer to rent apartments.

But privatization also has undoubted advantages:

1. Opportunity by turning it into real money.
2. for a larger or better layout.
3. Opportunity to earn additional income.
4. or real estate.
5. Applying for a fairly large loan in which the apartment will be used.
6. Opportunity for personal living space.

For single elderly people, privatized housing can become a guarantee of security in old age if the property is transferred with or without dependents.

If a house is recognized as subject to demolition or emergency, equivalent housing allocated only to owners of privatized apartments or compensation is provided.

When transferred into private hands, the property no longer belongs to the municipality or state. Therefore, along with “bonuses”, the new owner receives responsibilities: payment of real estate taxes, contributions to major renovation.

Who has the right to privatization?

State (municipal) apartments are provided to citizens under a social tenancy agreement. It indicates a citizen who is responsible employer. Only he has the right to transfer the property into his own (private) hands together with family members living in the same living space with the tenant.

The Housing Code (Article 69) classifies family members as:

Everyone who lives in the apartment has. Moreover, if at least one of the residents refuses to participate in the procedure, privatization cannot be carried out without a written refusal.

According to the rules of privatization, written consent is required from all citizens living in the apartment, even from minors. Only their legal representatives - guardians, adoptive parents, parents - express consent for them.

Ways to obtain municipal housing ownership

And other residential premises today provide two possible ways:

In addition, you can privatize an apartment as follows:

• on one's own;
• through an authorized representative;
• through employees of the law firm.

The longest procedure will be to apply on your own. It is complicated by the fact that the collected certificates have their own validity period. Therefore, there is a high probability that at the wrong moment the document will no longer be valid.

In general, the procedure requires a lot of time from all tenants of municipal housing, and especially from the responsible tenant.

Privatization of real estate through an intermediary company involves execution of a power of attorney for an employee of an intermediary company. The employer provides a package of documents, then picks up the completed certificate and privatization agreement. Registration takes 2–4 weeks.

Free privatization of municipal apartments is carried out until March 2016.

Previously, the end date for such a procedure was set at March 1, 2015, but now it is for another 12 months.

Documents required for registration of property rights

To carry out the privatization of municipal housing, you will need a package of documents:

If employers have changed their place of residence since September 1991, additional certificates will be required stating that these citizens have not yet taken part in privatization.

Where to apply to privatize an apartment?

Today it is engaged in privatization executive body of regional government at the location of the housing - the administration, the district department of housing policy and housing stock.

You can also apply for it through the State Services website.

Before applying, you must collect a complete package of documents, then pay the fee.

As a rule, employers do not go through the authorities together, but issue a power of attorney to the responsible employer, who goes through privatization independently.

The power of attorney is issued by a notary, which confirms the signatures and authorities of the parties. He also issues a refusal if someone does not want to participate in privatization. The certified refusal is attached to the general package of documents.

Among other structures, private practicing lawyers and real estate firms provide assistance in privatization. Their help is not free, it costs quite a bit, but it real way save yourself from wasting time and energy.

In addition, employees of such companies will help collect a package of documents for privatization in such a way that the likelihood of being rejected will be minimal.

The possibility of privatization through the public services website has been in effect since 2013. However, personal presence is still required to submit the application, passport, and receipt of paid state duty.

In this case, the procedure is easier, since MFC employees request many certificates and documents from enterprises, institutions and organizations on their own.

Procedure for considering an application

It is the consideration of an application for privatization of housing that takes more than half the time of the entire procedure. If it lasts about 4 months in total, then 2.5 months are allotted for studying documents and considering the application.

The established application form states:

• applicant details;
• request to transfer ownership (personal or shared) of the apartment at the address;
• date and signature.

The application is drawn up by hand and signed by all adult tenants, even those who do not participate in privatization but live in the apartment.

Then the application, along with a package of documents for the privatization of municipal property, is submitted to an authorized employee, who, in accordance with the established procedure, sets a date for a return visit in order to receive the privatization agreement.

Employees review the application and documents. After 40–60 days the applicant receives a contract or a refusal.

Refusal is possible for the following reasons:

• the apartment is located in a departmental apartment building;
• the premises are for service purposes;
• the right to free privatization was used by the applicant earlier;
• the house is recognized as unsafe;
• other reasons according to current legislation.

Timing and approximate cost of the procedure

Typically, the procedure takes from 2 to 4 months when applying independently.

certificate stating that employers have not previously participated in privatization - 100–200 rubles for each applicant;

extract from the Unified State Register – 500 rubles.

Obtaining a certificate of state registration of property rights

To register the right during privatization, employers must contact the nearest Rosreestr department with the following documents:

Additionally, a court decision, guardianship authorities, a certificate of the legality of the redevelopment, and so on may be required.

When submitting documents, the presence of all employers participating in privatization is required.

After submitting documents and an application, applicants receive receipt for receiving documents. It indicates at what time you can obtain a certificate of ownership. Most often, it is issued a month after application.

Video: How to register ownership of a municipal apartment step by step?

The video examines the question of how the housing privatization program worked in Russia.

The lawyer gives advice on where to start privatizing a municipal apartment, what documents will be needed for this, how to go through this procedure step by step and what difficulties an ordinary citizen may encounter.

The high cost of housing is pushing citizens to privatize real estate. It is believed that this is one of the the best ways receiving an apartment free of charge. Indeed, privatization aims to transfer ownership of real estate from the state to ordinary citizens. Having become the full owner of an apartment, a person can dispose of housing at his own discretion, without regard to the state.

Legal relations are regulated Federal Law No. 1541-1 “On the privatization of housing stock” dated 07/04/1991. Annual changes in legislation impose certain difficulties in understanding the issue. Questions still remain acute: how much does it cost to quickly re-register housing, where to privatize, what documents are needed? We will try to answer the most pressing questions based on legislative changes in 2019.

What is housing privatization?

Before considering the procedure, let's figure out what privatization is in the sense in which it should be understood in our time? So, privatization is the process of gratuitous (free) transfer of ownership of housing from the state or municipalities into the hands of ordinary citizens of the Russian Federation (Article 1 of Federal Law No. 1541-1).

To put it simply, a person can submit documents for the privatization of a municipal apartment and become its owner. Moreover, the owner does not need to pay for the transfer of rights. This is how privatization differs from, say, buying an apartment at a market price. The process of housing privatization began back in 1991 and continues successfully to this day.

Is it possible to privatize municipal housing?

The main nuance of privatization is that housing is owned by the state or municipal associations. This status allows apartments to be included in the housing stock provided for privatization to ordinary citizens. Thus, It is possible to privatize municipal housing. But there are exceptions.

It will not be possible to privatize the following objects:

• emergency housing and facilities subject to demolition;
• private rooms in dormitories;
• special fund for official housing;
• facilities in closed military camps;
• buildings located in environmental zones.

True, there are nuances here too. Privatization still applies to housing if it is classified as official housing, but the citizen has an official warrant. Where can I contact about such documents? Such permits are usually issued by law enforcement agencies.

Why do it?

After registering the apartment as private property, you can dispose of it as you wish. The owner is not limited in legal transactions: sale, donation, exchange, will, pledge etc. In addition, the owner of a privatized apartment has the right to carry out repairs and redevelopment without special permission from the state.

The death of the owner of privatized housing does not mean the loss of the real estate. The apartment passes to relatives or heirs in accordance with Art. 1110 and the provisions of ch. 63 Civil Code of the Russian Federation. By comparison, non-privatized housing is returned back to the state.

Conditions for privatization

The legislator imposes several conditions for the privatization of an apartment or other residential property:

1. The transfer of ownership is formalized for a state or municipal apartment transferred to the tenant and his family members on the basis of a social tenancy agreement or order.
2. Privatization applies to living space, which appears in the social tenancy agreement and cannot affect neighboring residential premises.
3. Privatization participants must have permanent registration in a municipal apartment.
4. You are allowed to take part in privatization only once in your life. Minors, if they participated in privatization with their parents, have the right to another privatization after 18 years of age.
5. A notarized refusal to privatize an apartment is allowed.
6. Privatization of housing is possible only with the consent of the tenant and all members of his family (registered in the municipal apartment).

If at least one condition is not met, registrars have every right to refuse to accept documents. Keep this in mind, and better consult a lawyer!

How many years later?

The annual extension of the deadline for privatization, until March 1, 2017, raises the question: how much more will the authorities give for the privatization of the housing stock in Russia? As practice has shown, the excitement did not arise by chance. The Russian Government issued Law No. 14-FZ of February 22, 2017, according to which privatization became unlimited. In other words, permanent - no need to worry about the action to extend the deadline for 2019, 2020 and subsequent years.

At the same time, the old provision of the Housing Code on free privatization until March 1, 2017 was abolished. Starting from 2017, residents of our country and neighboring Crimea can permanently register ownership of municipal housing completely free of charge.

Where to start privatizing an apartment in 2019?

Having familiarized yourself with the basic provisions, you can begin privatization of housing. But don’t rush and immediately run to local branches for certificates. The first thing you need to check is whether the apartment is available for privatization? Above we discussed which objects are not subject to transfer into private ownership.

The following is what you need to do yourself: obtain the consent of all family members. There are cases when the refusal of one person led to the impossibility of completing privatization. Therefore, if one of the household members does not want to participate in privatization, you will have to visit a notary and issue an official refusal. This will avoid unnecessary disputes over the shares of the apartment.

Where to submit documents? Where can I apply for housing privatization?

In order to enter into privatization, you need to prepare documents, order a housing inspection and draw up an application. Applications are accepted by housing departments of management companies or homeowners' associations. In addition, there is an option to submit the application through the multifunctional centers of the State Budgetary Institution “My Documents”.

After drawing up an agreement for the privatization of a residential property, you can begin registering property rights. Who is involved in privatization? All questions should be addressed to Rosreestr at the location of the property. The information is entered into the Unified State Register and is available for further verification. The new owner will be issued a state certificate of ownership with the appropriate seal.

How to privatize an apartment: step-by-step instructions

In theory, everything is clear, but in practice, unforeseen situations may arise. To avoid unnecessary running around and refusals, it is advisable to follow the step-by-step instructions.

Order, stages

Experts divide privatization into four to five stages. Each of them represents an important step.

Stages of registration of ownership of municipal housing:

1. Preparation of a package with documents: mandatory and additional.
2. Ordering technical and cadastral passports for the apartment. Here you can also fill out an extract from the Unified State Register of Real Estate.
3. Approval of an agreement on the privatization of a real estate property.
4. Obtaining a certificate of ownership.

If you lose sight of some details, privatization will become impossible. If you are experiencing difficulties, contact our lawyers for a free consultation.

Privatization procedure

Sequence of actions (registration procedure) during the privatization of a residential property:

Stage No. 1

First of all, the applicant must prepare technical documentation and a plan of the residential premises (explication). The Bureau of Technical Inventory (BTI) handles the paperwork. Next, you should obtain an extract from the Unified State Register.

Stage No. 2

At the second stage, the citizen applies to the district (district) administration. The application is signed by all family members of the tenant of the municipal apartment. If someone refuses, they must provide a refusal certified by a notary. At the same time, the applicant submits a package of documents, which we will discuss below.

Stage No. 3

Signing an agreement on the transfer of ownership of the apartment into private hands. The agreement serves as the basis for registration of rights in Rosreestr.

Stage No. 4

Ownership rights are secured in a certificate with a state stamp. This moment will mark the completion of the procedure.

The primary task is to obtain approval of the application for privatization of the apartment. If this stage is successfully completed, formalities will remain.

Statement

The publication of amendments to Federal Law No. 1541-1 simplified the deadlines for filing an application for privatization of housing. Now you don’t need to adjust to a specific date. Privatization takes place indefinitely, which means you can devote time to preparing documents.

The application for privatization of an apartment in 2019 contains the following points:

• “hat” – indicate your full name, date of birth, passport details and residential address (municipal apartment);
• request to transfer the state facility into private ownership (exact address, number of rooms, technical parameters);
• date of;
• signature with transcript in the form of full name.

After the main section there is a consent form for the rest of the family. Below is information that the housing has not been privatized, is not under collateral (arrest) and is not the subject of a dispute between the tenant and family members.

Documentation

State bodies read every document carefully. Preparation of the package is the stage on which the success of the upcoming privatization of residential premises depends.

The list of documents that will have to be submitted is approximately as follows:

• several copies of applications - from the employer and his family members (including children under 14 years of age - parents or guardians declare their consent);
• a notarized social lease agreement or an old sample in the form of a warrant;
• information about the lack of participation in the privatization of housing;
• a receipt confirming the absence of debts to housing and communal services;
• extract from the house (apartment) register;
• basic technical documentation for the apartment (cadastral plan, floor plan, explication, information about redevelopment inside the apartment, etc.);
• certificate of family composition - provided by the Department of Internal Affairs or the housing department of the Management Company;
• extract from the Unified State Register of Real Estate (form No. 3) – about the availability of property of the applicant and other applicants;
• a certificate from Rosreestr stating that the apartment belongs to the state (municipality);
• copies of passports for each of the applicants (for children under 14 years of age - a birth certificate containing the names of the mother/father);
• copies of marriage certificates - issued by the civil registry office;
• other documents (on request).

The easiest way to find out about documents is by visiting the State Budgetary Institution “My Documents”. There you can quickly draw up an application and submit some documents for consideration. The remaining papers will have to be submitted independently when drawing up an agreement on the privatization of the property.

Deadlines for processing documents

Situations may be different, so it is impossible to say exactly about the timing. But there are general deadlines for registration. Preliminary collection of documents takes from 5 to 10 days. Further, according to the Regulations, registration will cost 60 days. But this is only if the registrars do not experience additional burden on the department. For example, on the eve of the holidays or during rush hour. If we talk about the average value, then privatization takes place within 70 days.

Pros and cons of apartment privatization

Advantages of privatization in 2018	Disadvantages of privatization in 2018
Free housing (not including paperwork costs)	Financial expenses for major home renovations
Obtaining an apartment as personal property: the opportunity to sell, rent, mortgage, bequeath, donate	Payment of annual property tax
No payment for living in an apartment under a social tenancy agreement	Using an attempt to privatize housing - the inability to use it twice
The ability to make repairs or redevelopment without the consent of a government agency
Free registration/registration of other people

Expenses

Pay for what	Sum
State duty for privatization	2 thousand rubles
Drawing up an agreement on the privatization of an apartment or housing	1 thousand rubles
Ordering a technical passport for an apartment	1500 rubles
Registration of a cadastral passport	200 rubles
Certificate from the Unified State Register of Real Estate in form No. 3	200 rubles
Ordering an extract from Rosreestr	200 rubles
Additional costs for a notary	according to the price list (usually from 200 to 4500 rubles)
Urgent execution of a power of attorney	from 1500 to 3000 rubles

Other nuances

Housing privatization is proceeding according to the general scenario. But there are certain points that you should pay special attention to:

1. Residential properties specified in the application and privatization agreement are subject to re-registration.
2. Not only children under 18 years of age, but also some adults have the right to re-participate in privatization. For example, if the latter felt their rights were infringed upon during the previous re-registration. The final decision is made in court.
3. Privatization is considered a free procedure. Costs are associated with paperwork. Have you started demanding payment at the market price of the apartment? File a complaint with the administration or go to court.
4. It is prohibited to deprive minor family members during privatization. Children have a legal right to use residential premises. Moreover, at least until the age of 14, they must live with their parents or at least one of them (Article 20 of the Civil Code of the Russian Federation).
5. It is most convenient to submit an application through the State Services portal or intermediary organizations, for example, the State Budgetary Institution “My Documents”.

Thus, privatization is generally considered to be the transfer of ownership of an apartment from the state to citizens. Now there is an indefinite privatization with free housing. The legal procedure consists of several stages. The applicant must prepare documents, submit an application and receive a certificate from Rosreestr. After all documents are completed, the apartment is considered private property.

Legal assistance

Privatization is regulated by an impressive number of legal acts. Not everyone knows how the procedure goes and within what time frame you can re-register real estate in your name. Naturally, this causes distrust on the part of ordinary people. Sometimes, in order to get a certificate from the Unified State Register of Real Estate, you need to stand in long lines, and then it turns out that the certificate is not needed. To avoid doing unnecessary work yourself, it is advisable to consult with a lawyer.

Privatization of residential property is free transfer into the ownership of Russian citizens on a voluntary basis, the real estate they occupy, which.

Acquiring rights to own an apartment allows at personal discretion use and dispose of property. houses and their parts, apartments, certain... It is important that the property is classified to the property of state or local authorities.

This legal procedure is complex and requires compliance with a certain procedure and the collection of a large number of documents. The final stage of privatization is mandatory state registration of the transfer of ownership.

Why is apartment privatization necessary?

Privatization is the process of transferring housing from the ownership of state and municipal bodies to the ownership of citizens. This procedure not mandatory, its implementation is voluntary.

Goals Privatization programs are to create the necessary conditions for citizens to freely choose housing, as well as the proper use and preservation of Russia’s housing stock (Federal Law No. 1541-1 of July 4, 1991 "On the privatization of housing stock in Russian Federation» ).

We can highlight the main advantages of the privatization process:

• The person receives the right to fully dispose of the property: renting, selling, exchanging.
• It is almost impossible to evict from privatized housing for non-payment of utilities.
• The owner has the right to bequeath a privatized apartment as an inheritance.
• Privatized housing may be subject to a loan obligation.
• There is an opportunity to implement legal ones.

It is worth listing some flaws privatization:

• Payment of property taxes.
• Increasing the amount of payment for utilities, in particular for the repair and maintenance of common residential premises.
• Complicated inheritance process. In the absence of a will, all heirs have the right to claim housing.

Housing in dormitories, emergency buildings, as well as office-type premises and houses in closed military camps is not subject to privatization.

What is council housing?

Municipal residential property is real estate that is transferred to citizens under a social tenancy agreement. This transfer is free of charge, but residents undertake to fully reimburse utility costs.

TO municipal residential premises relate:

• Apartment, part of an apartment.
• Room.
• Residential building or part thereof.

Types of residential premises for municipal purposes do not apply:

• Non-isolated property.
• Common rooms.

After the death of the tenant of a municipal apartment, the property automatically passes back to the state or local authorities. In this case, a citizen has the opportunity to write a will with an order for subsequent privatization. Those persons who are registered in this residential premises can apply for such inheritance.

Citizen C drew up a will with an order for the privatization of a municipal apartment after his death by his wife and two children. Relatives filed a lawsuit to re-register the housing by inheritance, with the further possibility of privatization. The court determined that the apartment can only be transferred to the children of citizen C, since they are registered at the address where the property is located. The testator's wife is registered elsewhere, and therefore does not have legal rights to receive ownership of the property, despite the fact that she has lived in the apartment for more than 10 years.

Municipal housing- this is the property of the authorities, it cannot be sold, exchanged, rented out, and redevelopment is prohibited.

Provision of housing under a social tenancy agreement

Can be determined procedure for providing housing under a social rental agreement:

1. A citizen must obtain a certificate confirming his status as a person in need of property. This document usually issued by the local authority (municipal administration) within 30 days.
2. In the future it is necessary submitting an application with a list of documents: certificate of family composition, passport data, birth certificate of a minor, extracts from the house register and personal account status, certificate of absence of own real estate.
3. The collected documentation is sent to the housing department of the local administration, and the person is given a receipt.
4. After checking the submitted information, a date for concluding the contract is set.

It is important that after receiving housing under a rental agreement, the user has the opportunity to privatize the property on a general legal basis.

When can you privatize a municipal apartment?

In law no restrictions related to the timing of the privatization of municipal housing. An apartment of this type can be registered as a property immediately after concluding a social tenancy agreement and collecting the necessary documentation.

Highlight certain order privatization process and list of information required to provide:

• Contacting the Bureau of Technical Inventory (BTI) to order a property survey for the presence of illegal redevelopment.
• Request to a banking organization to issue a copy of a financial personal account.
• An extract from the house register obtained from the housing and communal services authorities.
• You will need a certificate confirming that you are not in arrears in paying utility bills.
• If minors are registered in the apartment, permission from the guardianship and trusteeship authorities is required.
• Additionally you will need: social tenancy agreement, passport details of residents, birth certificate of minor citizens.
• After collecting all the information, the person contacts the housing department of the local administration for registration of a privatization agreement. An application is submitted and the attendance of all persons registered in the apartment is required.

The period for consideration of an application for privatization by the administration is about 60 days.

Upon receipt of approval and execution of an agreement on the transfer of ownership of the apartment, further registration of transfer of ownership for privatized property.

Is it possible to privatize part of a municipal apartment?

Citizens who live in a municipal apartment have the right to purchase housing as their own one person or in common ownership. Privatize share in total area municipal real estate property (part of an apartment) impossible.

Privatization will require the mutual desire of all residents; it is important to consider that:

• The decision on privatization is made unanimously.
• One or more owners have the right to refuse to participate in the transaction, but in favor of the future owner.
• Obtaining forced consent (through the court) is unacceptable.

When all persons living in an apartment agree to privatization, except for one person, then those wishing to obtain ownership of the property can voluntarily or judicially demand the property occupied by such a citizen.

The exchange consists of the tenant changing one residential premises to another housing. Wherein, exchange allowed between real estate objects that are located in different houses, apartments or in different localities of Russia (Article 72 of the Housing Code of the Russian Federation).

Those residents who refused to privatize the apartment in favor of another owner have right of permanent residence in a residential area.

What is the best way to privatize an apartment: in shares or for one

A person has the right to privatize housing once. The exception is those citizens who became owners of real estate when they were minors; they retain this opportunity. You can register housing for one or several people.

At privatization in shares

• The costs of paying for utilities are distributed among all persons.
• The amount of property tax is divided in equal shares for each of the copyright holders.
• Each owner has full rights to the property: sale, lease, exchange, inheritance.

Disadvantages of privatization for several persons are that:

• When selling his share, the owner is obliged to first offer the object of sale to the owners of the remaining parts of the apartment, and receive a written refusal from each, if they do not want to purchase. Failure to comply with the procedure for the pre-emptive right to purchase makes it possible for other participants in shared ownership to obtain the transfer of the buyer’s powers through the court (Article 250 of the Civil Code of the Russian Federation).
• If one of the co-owners is a minor, then in order to sell their share, you will have to obtain consent from the guardianship and trusteeship authorities.

With sole ownership the positive aspects are:

• To sell a home, you will need to collect a smaller package of documents from one owner-seller.
• There will be no need to follow the pre-emption procedure.
• The owner will be able to dispose of the property at his own discretion.

You can select negative aspects of privatization for one:

• If the sole owner was a minor, then future sale of the property is possible only after receiving permission from guardianship and trusteeship.
• When selling an apartment, the right of permanent residence in it is retained by all persons registered in the premises. A situation is possible in which, even if the owner changes, the persons registered in this housing will not want to change their place of residence.
• In the process of inheriting property, persons who are registered in the apartment do not lose their housing authority; they retain the right to reside in the inherited property.

Privatization for how many people will be better and most profitable, each of the owners can only decide individually, depending on personal desires and preferences.

How to privatize a room in a municipal apartment

To privatize a room in an apartment, it is necessary to determine which housing stock the property belongs to. The room is subject to transfer of ownership to citizens if the housing belongs to communal type, and also it should be municipal.

To privatize a room in a municipal apartment you will need the following list of documents:

• Passports, birth certificates of all persons registered in the residential premises.
• Technical documentation for the room.
• Information that the residents have not previously privatized the property.
• Social tenancy agreement.
• Certificate of absence of arrears in payment of utility services.
• Extract from home book.
• An application, the form of which is established by the local authority. All adult residents must sign the document.
• If any of the residents do not want to participate in privatization, it is necessary to obtain a refusal certified by a notary, which can only be given by adults and capable persons. Parents are not allowed to formalize a waiver on behalf of their children.

The collected package of information is sent to the housing department of municipal authorities, which, on time, no later than 2 months makes a decision on consent or refusal to privatization.

Is it possible to privatize a service apartment?

Service apartment does not apply to municipal housing, therefore, legal norms on privatization do not apply to real estate in the service category.

There are several ways to do this:

• Privatization can be carried out when there is enough money for this procedure consent of the organization, in whose possession the residential premises are located.
• If the service apartment previously belonged government agency, after which I was voluntarily transferred to the housing stock of local authorities, and residents received the right to exploit the property on the basis of a social tenancy agreement.
• When an apartment is on the balance sheet of a former state organization, which has been reorganized into a municipal or commercial enterprise, and the municipality does not accept such property into its housing stock, citizens have the opportunity obtain ownership for such living space.

Service apartments can be provided to citizens under a social tenancy agreement with subsequent privatization if the property will be transferred owned by the municipality.

Features of privatization of municipal property

Essential Points The privatization process is as follows:

• Gratuitous nature.
• Voluntariness of the privatization procedure.
• Standard form of agreement for all regions of Russia.
• Possibility of privatization of housing for one person or in shares for several persons.
• Regardless of the number of privatization participants, the agreement on confirmation of ownership rights is issued in a single copy. Each owner can receive a copy of the document certified by a notary.
• Property of public forms of ownership (state and municipal) is subject to privatization.

There are some features of privatization both state and municipal real estate:

• Most often, municipal property is privatized, since the housing stock owned by state organizations is extremely small, and often these residential properties cannot be transferred into the ownership of citizens at all, for example, apartments in military camps.
• State-level housing, instead of privatization, is usually sold at auction, since it is more expensive than municipal housing.
• Privatization of agricultural lands belonging to the municipal land fund occurs on the basis of acts adopted by local authorities.

Throughout the Russian Federation there are uniform requirements and provisions in the field of privatization of real estate.

Conclusion

Housing privatization can be considered as a process of free transfer of property into the possession of citizens from municipal and state funds. Currently, this legal procedure is free for all citizens. At the same time, not everyone has the right to receive a piece of real estate at their own disposal; this opportunity is available to persons living in an apartment, house or room on the basis of a social tenancy agreement, and who have not previously taken part in privatization.

Our country has a unified legal framework that regulates the issue of providing public housing to citizens; some aspects can be changed by local authorities, but the general provisions and requirements are the same for everyone.

Question

Repairs to housing provided under a social tenancy agreement

My husband and I live in an apartment that belongs to us under a social tenancy agreement. The building in which the residential premises are located requires renovation work. Tell me, should we pay for this work ourselves?

Answer

In cases where the property belongs to residents on the basis of a social tenancy agreement, state or municipal authorities are responsible for carrying out repairs. To repair the roof, replace communication networks, insulate the house, etc., it is necessary to submit an application to the management company; if no action is taken, then it is possible to go to court. When carrying out repairs themselves, residents have the right to demand reimbursement of financial costs.