The end of the privatization of apartments per year. Unlimited and free: the State Duma canceled the deadlines for the end of the privatization of housing. What will happen after

From what year began privatization of apartments and housing in Russia? Law"On the privatization of the Housing Fund" ( №1541-1 ) Adopted by the Government of the Russian Federation on July 4, 1991.

According to this law, with the beginning of the privatization of housing and apartments in Russia, there has been a massive transfer to Private Persons State. Property and residential foundation.

When privatization began, each citizen of the Russian Federationliving in the apartment as an employer got the opportunity Proceed in the property this room.

The provision of the privatization process is also based on the Housing Code as amended from 01.03.2005, Civil Code RF.

In fact, privatization is the legal translation of state or municipal living space in private property. Having received the right to a privatized apartment, a citizen can dispose of it at his own discretionthat is, to make any transaction on alienation.

Payable or for free: what's the difference?

The procedure for transferring residential premises to the property of a private person can be carried out on a free and paid basis.

Free

What is it? Property object goes to ownership without paying former owner, that is, the state, the cost of the apartment.

To implement such a program, it is necessary to desire for housing of persons, from 14 years old, with their consent.

State bodies are not entitled if the apartment is not included in the list of non-privatization of premises. Initially timingfree privatization were limited, then repeatedly extended by the government.

Currently, 20 percent of the apartments are not privatized with tenants of municipal housing. When will the privatization of apartments in Russia end? To what period (number) has privatized housing?

Once again The government decided to extend the procedure, the time of privatization of the apartment extended until 01.03 2017, referring to the fact that some citizens did not have time to issue an apartment for objective reasons.

Paid

Is called redemption residential premises belonging to him. The price of redemption is established by a specific municipal department, based on the cadastral value of the property.

As a rule, the final cost of the apartment approximately equal to market Cost of housing in the region.

The timing of free privatization will be limited

When is the free privatization of apartments in Russia ends? How long does it work? The decision on the next extension of the deadlines until July 1, 2017 adopted by the Government of February 29, 2016 (FZ No. 33). According to the Minister of Construction M.Menya, most likely, this the term will be final.

This is the fifth transfer of the expiration date of the law on free privatization, however, during his action, not everyone who wanted citizens could carry out their right, and in most cases it took place on objective reasons. We will remind, in which year, the privatization of apartments and housing in Russia began, it was already distant 1991.

Numerous appeals of citizens forced the government to think about the next extension. Although against such actions performs Ministry of Economic Development. According to the ministry, free privatization leads to the disposal of residential premises from the Social Fund, which is necessary for the implementation of the help of socially unprotected citizens.

Will the privatization of apartments extended? On the impossibility of infinite extension of free privatization of the apartment, said D.A.Medvedev At one of the meetings of the Cabinet of Ministers.

With this opinion I agree with S.Zhvorotnev, Executive Director of NP Hospital Control.

She stated that in any country of the world there are so many apartments owned by citizens.

More expedient develop a non-profit hire program Municipal housing, as well as consider the possibility of living space in the private sector with subsidies of rental fees.

Causes of extension

This decision of the authorities accepted, guided by the following motifs:

many citizens living could not realize the right to obtain housing to property. They will be able to take advantage of them after receiving new apartments.
numerous prominations will be able to translate their apartments, after the allocation of housing from the state.
the issue of extension also arose in connection With accession to Russia, the territories of Crimea and Sevastopol. Residents of these regions could not arrange apartments, as other laws acted on the territory of the state.
the state of the housing market and the crisis position of the Russian economy also became an important factors affecting the decision of the government. Cancel free privatization social tension provokes In the country and will hurt primarily on socially unprotected categories of the population of Russia.

Thanks to the decision of the government, many citizens can now apply for privatization. Tops B. state bodies decrease the process will accelerate and become easier.

Event development after graduation

Which year you can privatize an apartment and housing in Russia? How long is the privatization of housing? Since March 2017, citizens will be forced to buy apartmentsobtained from the state of the market or cadastral value.

Finally ordera similar procedure by the government not designedAs however, the order of calculating the cost of square meters.

There is no answer to the question of how housing redemption will occur: only by citizens living in it or through the announced trading.

To change social employment contracts for the assumption of the authorities western model will come Commercial hiring housing. To date, in the Russian Federation, the provision of housing is indefinite, it can use the apartmentmaker for a long time, as well as the family members prescribed to housing.

Sooting in the apartment, the relatives of the apartment are becoming the same as he, legitimate tenants.

To replace such a housing system will come temporary rent of apartments from the state. Embed into property, state apartments will be impossible.

Who will remain free?

As the State Duma plans, free privatization of housing will not be canceled for everyone. For some categories Socially unprotected citizens procedure will remain free.

Right to free privatization Housing, will have the following persons:

Orphans and remaining children without care.
Persons participating in privatization to adulthood. At the achievement of them 18 years and having received social housing personally, they will be able to arrange him.
Servicemen and citizens who received housing on social programs.

But, list of personswhich will be allowed to accommodate housing in the property indefinitely not yet approved at the legislative level.

What will happen if you do not have time?

What will happen next when the privatization of housing in Russia is over? The desire to privatize the apartment, even if there is a prospects for the cancellation of a free procedure, not all citizens arise. Wishing to stay by employers Enough lotAnd they are guided in this following motives:

for the state apartment, it is not necessary, which from the current year will be quite large;

housing employers are exempt from boards for overhaul and housing content;
in municipal apartment replacement of industrial equipment indoors are required to engage housing housing and communal services, whereas .

More profitablelive in municipal apartments lonely citizenswho do not need to leave them inheritance.

Since the right of perpetual use of the municipal apartment will remain and after the abolition of free privatization.

Residential premises will not be lost by a citizen. In addition, he can prescribe members of his family in it: parents, children, spouses. Persons in turn will receive the right to use the room for life And subsequently register their relatives on it.

Thus, the use of the apartment will remain the right of this family until the last time does not leave it. Accommodation in the apartment is not free. Resisting in Ne. obligations to pay social hiring housing. And also in a timely manner to pay housing housing and communal services.

Municipal apartment will not be sold, give, leave inheritance. For all she prescribed in her is just a place of indefinite stay. If one of the persons registered in it decide to leave an unsuccessful apartment, he loses the right to use it.

When not a single prescribed tenant remains in the municipal apartment, it is returned to the state, and citizens standing in line for housing can be in line.

If you still decided to go through the privatization procedure, it is worth hurry and file required documents In the near future to have time. Will free privatization of housing privatize? Perhaps March 1, 2017 - the deadline that can be done for free.

Discontinued limitations were completely lifted, in other words, to translate their apartment to the property have the right to all the remaining residents.

About 20% of the country's inhabitants did not have time to take advantage of the state program, so indefinite extension saved the situation for many citizens. Since in federal entities, enough emergency, dilapidated housing, apartments in military towns and office housings, hostels, then a lot of controversial situations. People for years make up permission to privatization, agree on conflict moments or get archival data.

There are certain rules, fairly simplified and transparent, which must certainly follow. Errors and misunderstandings lead to unexpected delays in the design or failure. Indicates the privatization of real estate objects Housing department of the municipality. Citizens have the right once in life for free to get an apartment for free, children after the onset of majority receive a repetition of the opportunity only for them is an exception to rules.

The privatization of the apartment extended to ensure that citizens manage to solve all their questions and consider whether it is worth becoming owners. The state free program lasts and successfully operates 25 years, modifies and improved in all directions.

The main directions of privatization

To become owners, people need to write a statement to the privatization department, and attach a package of necessary documentation. There is a main package required in all cases, and individual materials in each case. The validity period of individual references is also limited, they lose their legal significance. Therefore, this fact should certainly take into account and prepare documents in the order of the desired queue.

In times, when the housing belonged to the state, it was not possible to dispose of them. For example, it was impossible to inherit or sell an apartment, had to invent workarounds. If the grandchildren inherited an apartment, then the grandmother should have taken care of registration in his life. I had to write petitions and contact the ZHEK, where they refused or allowed to register.

In no way was impossible to have two living spaces, it was impossible to take care of the further living of children. Also, it was not possible to invest in real estate objects, on a par with developers, to be a new home shareholders. It is possible to become the owner and dispose of the apartment for a symbolic fee, the transfer of real estate has gained essentially state scope.

The state actively promoted privatization due to unprofitability of the housing and communal services. Becoming the owner, the tenant is fully responsible, and is obliged to pay for the cost of the content of the apartment. Currently, there are enough cases when citizens decide to make an inverse procedure and return housing to the municipal fund. This is due to the fact that it is not necessary to pay for some housing content items, for example, to overhaul.

When accidental, the municipal object is replaced with another apartment, the owner covers risks on their own. In addition, residents of non-privatized apartment can count on benefits and subsidies that are not laid for owners. That is why sometimes it is more profitable not to be the owner, not to be responsible for the safety of property from fire, flooding and other unforeseen circumstances. There is important real estate tax, which will soon increase significantly.

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By general rules, Every citizen who lives in the apartment must decide whether he wants to become the owner of his share of the housing. Shares are granted equal to everyone, the refusal is written in the notary. The refusal will receive the right of life living, but the owner will not be. So far there is no such document, the apartment is divided into equal shares between all prescribed faces. Children participate in privatization necessarily, without options.

The fact that the procedure has received a missing continuation and now do not hurry, has essential value. If the family lives in a hostel or a service apartment, then you have to sue the legal owner for the right to become the owner. Courts last long and can have several processes, to which now, when free privatization is extended, you can not pay attention.

Everyone can actively protect their rights and go through all long-term procedures. Suffice it to say that the direct check in the housing department and receiving testification of privatization takes three months. During this period, the tenants of the apartments can be born and die, the process of circulation will have to be held again taking into account changes. Quite often, it will be necessary to provide evidence that the interested party has not previously received a free apartment.

You have to go to the archives, write requests to passport tables at the same place of residence. One incorrect reference and the data provided will require a newly sufficient collection of documents. Careful check is necessary to prevent possible abuses.

For a second time you can get a living space of the following categories of citizens:

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orphans when performing 18 years. For the first five years, the teenager is forbidden to dispose of the apartment, as appropriate entry on the certificate of ownership;
obtaining an apartment for social funds, for example, a resettlement program;
servicemen and the categories of citizens equivalent to them;
citizens who have become adults and secondly want to become the owner of the apartment.

Apartment can be made in collaborative ownership or immediately declare shared decoration In equal parts. In other words, citizens are issued one evidence or several by the number of participants. In practice, situations occur when the procedure is recognized by invalid privatization. This is done only after the court and requires convincing reasons for this.

After receiving the contract for privatization in the housing department, it should be provided to Rosreestr. You can do this at any convenient time, after receiving the permit, you will need to re-collect overdue help or use those provided for privatization.

Registration of an apartment in ownership

Those who wish can in both cases contact the MFC, where they receive permission to privatization and enter information about the facility to Rosreestr, receiving certificates for ownership. In the future, it is impossible to change your mind or challenge the actions, which is why the verification is such a complex procedure.

Rosreestr has the right to check the information filed within a month, in the registration of the real estate object can be denied for valid reasons. If employees have doubts about the legality and validity of the document, the state duty is incorrectly paid or in violation of the procedural rules. For example, applicants may be overdue passport, unreadable other evidence and references. The refusal is issued in writing with the obligatory indication of the reasons related to the legislation.

Privatization features

The procedure for changing the owner is really free, but to receive certificates, archive information or legal costs Let us need personal funds. Especially important are evidence of changes, for example, postal address Apartments, names of residents, their personal passport data. Disputes between family members on the need for privatization sometimes reach the court, since the complete consent of all citizens is required.

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For example, one or more registered citizens have previously participated in privatization and lose the right to apply for this apartment. The question of the issued citizens for a long period, for example, service in the army, also rises when privatization, if they are recorded in an apartment warrant. For solutions complex questions Now there is a necessary time, the privatization of the apartment is extended. Everything is required to implement the law without violating the rules of privatization.

Free privatization of housing extended indefinitely

Now for citizens who did not privatize the housing in which they live under a social hiring agreement, the question of the extension of free privatization is sharp. Legislators, given this situation and re-emerged by the excitement before the end of the program of the free privatization of housing scheduled for March 1, 2017, adopted Law No. 14-FZ of February 22, 2017, according to which privatization is extended once again, but already indefinitely (that is, . permanently).

Earlier (in 2016), a number of draft laws were sent to the State Duma of the Russian Federation, providing for the extension of the privatization period for another year. These initiatives of the State Duma were rejected, which made it possible to conclude that privatization for all categories of citizens of the Russian Federation would no longer be extended (the Russian government was adhered to such an opinion).

The leadership of the country transfers a period several times to register the transition of municipal ownership to citizens for a short time, trying to encourage citizens to design apartments to property. Moreover, it was previously argued that free privatization could not be an indefinite, and therefore, when submitted, a paid procedure for the acquisition of municipal housing to the property of citizens was assumed.

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Adoption of the draft law on privatization

On January 13, 2017, the draft law is amendments to Art. 2 of the Federal Law of December 29, 2004 No. 189-FZ (ed. From 07/03/2016) "On the introduction of the Housing Code Russian Federation"Was submitted to the State Duma of the Russian Federation.

According to him, it was proposed that privatization is extended to 01/01/2020, but only for certain categories of citizens of the Russian Federation.

The remaining groups of citizens not listed in the bill, after the statutory status established by law (03/01/2017), could not be transferred to property for free.

However, after the adoption of the draft law in the first reading (01/27/2017), 22 amendments were provided to it. It is known that his authors, namely Sidyakin A.G. (The first deputy chairman of the specialized committee of the State Duma on Housing Policy and Housing and Communal Services) and Kacheev P.R. (Deputy Chairman of the Profile Committee) When considering amendments, it was proposed to extend privatization for all categories of citizens until 2019 or indefinitely.

On February 7, the draft law with the appropriate amendments was submitted to the State Duma, and in the day later adopted in the second reading. The third reading was held on February 10, at a meeting of which it was decided to adopt the relevant law.

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In 5 days, the document was approved by the Federation Council and sent to the President of the Russian Federation V.V. Putin. So, on February 22, they were signed the federal law From 22.02.2017 No. 14-FZ "On the recognition of the individual provisions of the Legislative Acts of the Russian Federation", after which it was published and entered into force.

What categories of persons is the extension?

The permanent privatization of municipal housing is envisaged for all citizens of the Russian Federation.

However, when discussing an increase in the timing of free privatization, the legislators proposed such an opportunity only for the following categories of citizens:

living in the territories of the Republic of Crimea and the city of the federal value of Sevastopol;
citizens to be resettled from emergency or subject to demolition of housing recognized as such before 01.01.2012;
orphans and children left without parental care, at the end of the term of the contract of hiring the specialized premises provided to him.

IN explanatory noteattached to the draft law, the reasons for the extension for each of the above groups were indicated.

Privatization extended for the residents of the Crimea due to what was developed normative baseThe regulatory process of the transition of residential premises to the ownership of citizens was carried out inventory of the residential foundation.
In relation to citizens who need relocation, privatization was extended due to the fact that after receiving new housing, they will not be able to take advantage of the right to receive housing to property, which will put them in an unequal position with those who have already moved to the end of the established period.
Children-orphans are such a right to receive housing occupied after the expiration of the contract for free.

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Causes of nationwide until 2017

Free privatization in the Russian Federation began in 1992. It was necessary to end the specified process in 2007, but the term has extended many times. Earlier, Prime Minister Dmitry Medvedev said that privatization could not be extended infinitely. In justification, this statement arguments were argued that this process lasts a very long time and those who wanted to issue housing to the property had already done.

In addition, according to statistics, almost the entire housing fund, subject to privatization, has already been drawn up to the property of citizens (according to the Ministry of Construction and Housing and Civil Code of the Russian Federation - more than 85%), in connection with social Fund Not formed. The formation of the social housing fund is impossible to carry out that leads to postponement of the provision of housing to those faces that are in line for its receipt.

Privatization of the apartment in 2017: how long is extended?

The privatization of the apartment is extended to the next term - March 1, 2018, according to the results of research, the ownership of the third part of the housing is not framed.

Many citizens stand in line on their own area or waiting for settlement to new homes, which explains the deferment.

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Dear readers! The article talks about typical ways to solve legal issuesBut every case is individual. If you want to know how to solve your problem - contact the consultant:

Now the question of the privatization of the apartment is still relevant: to what period of the procedure has been extended, and what documents are needed for ownership of housing.

There is also good news - the term was postponed once again. It is possible to privatize housing until March 1, 2018. Otherwise, the conditions remain unchanged.

How the deadline for the end of privatization was established

The privatization of housing started in 1992. The end date of the decoration of apartments and rooms in the property was constantly shifted at a later date.

One of the reasons for this is a huge flow of documents received from citizens.

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Based on the Privatization Act, this process was supposed to be completed in 2007. However, afterwards it was postponed three times:

IMPORTANT: The amendments in the law did not affect the legal side of the issue. Citizens can still take advantage of the opportunity to get a municipal or public housing in the property just once.

We will be honest: free privatization of apartments was not immediately extended until 2018. Although this bill was discussed in the Duma back in 2015, he was not adopted.

At the beginning, the deadline was established on March 1, 2016. Then it was decided to add another year.

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Finally, a new amendment was adopted, and now the privatization of apartments has been extended to what term? Until March 1, 2018.

Why the dates are transferred

The reader may have a question: why are they talking about the privatization of the apartment and have been transferred from year to year? There are several reasons for that.

Many citizens expect to move from emergency housing to new homes. On the this moment They cannot privatize the apartment. If you stop the process, they will be deprived of this right.
Other citizens stand in line at housing. Therefore, privatization is now impossible for them.
The transfer of the extreme date for a short time stimulates the tenants of houses in state or municipal property, not to delay with the presentation of documents.

According to the results of polls, about a third of the apartments remain unsuccessful.

You can imagine how many potential appeals to municipal services are behind this number.

It is worth considering that if the living area is listed on the balance sheet, the budget does not receive funds for real estate taxes.

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In fact, overhaul costs should also be carried out from the treasury.

Taking into account the current economic Regulations Such costs are simply impossible.

This is another reason that the apartment privatization has been extended officially.

Registration of rights: package of documents and decoration algorithm

The amendments to the law was only amended the answer to the question: how long is the free privatization of apartments extended? The algorithm of action remained the same.

That's all you need to make a citizen who lives in an apartment under a social employment contract (do not confuse with the hiring of residential premises between the individuals):

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Collect statements for registration from all persons prescribed at this address.
If one of them does not participate in their decision in the design, you should write a refusal.
Prepare a package of documents.

The package of documents for removing an apartment in the property includes:

passports of citizens registered on this area at the time of submission of the application (should not be overdue);
minor residents will need a birth certificate (with the paper, the document can be restored);
marriage certificate or about divorce;
social hiring agreement (or order) containing the requisites of the object;
extract from the house book;
cadastral object passport;
extract about the state of the personal account;
help confirming that a citizen has not yet privatized housing.

Applicants who are registered at this address, but previously used the right to privatization, need to be issued a certificate confirming this fact.

Also, if a citizen replaced a passport from September 1, 1991, a replacement document is needed.

If the applicant lives in the apartment by a court decision, the form also should be included in the package of documents.

Where the application is supplied

If we talk about the privatization of the apartment on the general reasons, the applicant must submit documents to the Department of Housing Management of the District Administration.

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For a decision on the application, 2 months is given.

If there are no inconsistencies in the documents, registration will consist of the following steps:

conclusion of an agreement between the administration and the applicant;
registration of the contract in the Rosreestra department;
amendments to the USRP;
registration of the certificate of ownership.

What difficulties may arise with privatization? For example, the living area was listed for a large plant that was liquidated.

If the apartment has not yet been adopted in municipal property, difficulties may arise during its design.

In such a situation, the applicant has to go to court.

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At first, the court decides that under the law this housing can be transferred to the property.

Based on this decision on the apartment issued a certificate of law.

Summarizing this item, we note: to privatize the apartment, a citizen should contact the Housing Department of the district administration and provide a statement with the package of documents.

Process participants

In the law, on the basis of which it is determined, to what period, free privatization of apartments has been extended, other aspects of this procedure are stipulated.

For example, it is possible to get a living area in the property only once.

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If the person participated in privatization, being minors, re-privatization is allowed upon reaching 18 years of age.

Re-get a living space can still several categories of citizens. Among them:

Persons whose rights were violated during the privatization of the apartment held earlier (the relevant judgment is required).
Persons who received privatized housing under the contract of donation can take part in the property of another area.

All transactions are fixed in the USRP, and the owner is issued a typical evidence.

What commitment is imposed privatization

Considering, to what term the official privatization of the apartment is extended, it is worth finding out why this procedure is being conducted.

Decoration of housing to the property gives a citizen the right to dispose of them and make such actions as:

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From the moment of receipt of the certificate, a citizen is charged a property tax and contributions to overhaul.

Get absolutely free of charge expert lawyer for 5 min

Thus, if you prepare a package of documents, privatize housing is not so difficult. To do this, you need to meet within the deadline - until March 1, 2018.

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On the extension of the privatization of the apartment until 2018

On February 28 of this year, Russian President Vladimir Putin signed Federal Law No. 20 on amending FZ No. 191 "On the introduction of Town Planning Code (GRK) of the Russian Federation "and in FZ №122" On the State Registration of Rights on real estate"Who approved the end of the privatization of apartments (rooms) on March 1, 2018.

Features of the design of housing in the property

Changes in the deadlines of the privatization process did not affect the rights of citizens to issue state and municipal housing to the property.

Privatization of the apartment extended until 2018 and the act amended only in terms of the deadline for the end of the free transmission of real estate.

The deadline for the free transfer of housing is already extended for the fourth time:

the main law on privatization was envisaged to complete the process in the country as a whole by 2007;
subsequently, the term was submitted at the beginning until 2010;
then he was transferred to 2013;
as a result, the deadline expired on March 1 of the current year.

The legislative framework provides for the opportunity to use the right to receive free state or municipal housing in personal ownership only once.

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all adults registered at this address of the person;
juvenile children, and, the state has a minimum share for each child.

Children who have reached majority and participated in the procedure have previously have the right to get an apartment or a room for a free housing scheme that they enjoy social employment contracts.

whose rights were violated during the design of any object;
the fact of violations is fixed by a court decision.

Persons who received privatized housing or inheritance as a gift have the right to take part in the process of registration of another object of relevant legislation.

The main changes that have affected the process over time, were made:

in order to design rooms in communal apartments, the privatization of which no longer requires the consent of the neighbors;
in part section joint ownershipwhich belongs to each owner in proportion to the area of \u200b\u200bthe apartment or room;
in rerypivatization and payment of stately for registration;
in other insignificant categories.

All transactions are registered in Single Registry (USRP), and the owner is given a certificate of the established sample.

Data on objects that were privatized until 1998 are stored in the regional bureau technical inventory, and the rest of the information has the USRP.

Is it possible to privatization of service housing? Read here.

Privatization of the apartment extended until 2018

The emergence of law contributed statistical data on the rate of privatization of apartments, which are shown in last years Significant slowdown.

According to Rosstat, 30% of apartments have not yet been transferred to the personal property of citizens to the rights of free transmission of state property.

The law, as before, implies apartments and rooms for those living in them under social hiring agreements and have no ownership of such a residential premises.

In an explanatory note, the initiative deputy group motivated the need for extension and the fact that part of the population expects resettlement from emergency houses and housing, which attributed to the category of Old.

When adopting the law, the interests of citizens consisted of accounting as needed housing. The end of privatization March 1, 2015 will deprive these individuals to get accommodation to the property on a par with others.

Law

The draft law was adopted by the State Duma on February 20 and February 25 approved by the Federation Council.

The president signed the Law No. 20-FZ 28.02.2015 and on the same day the text was published in the official state-owned media.

Entry into force

In line with content legislative Act It comes into force from the moment of its publication. Federal Law No. 20 The extended privatization period of apartments is valid from February 28, 2015.

All legislative documents and regulationscontradictory this laware considered invalid.

Procedure for registration of rights

Interested citizens should be understood that free privatization was extended until 2018, but the order of registration, the rules and list of documents did not change.

To register the right to an apartment that a citizen occupies under a social hire agreement (warrant), it is necessary:

statement of all persons registered at this address;
or their written refusal to privatize this property.

To the application you need to attach a package of documents defined by law.

Required documents

The law "On Privatization" suggests for the transfer of housing rights Availability of the following documents:

Orders or social hiring agreement with object details.
Issument from home books or certificate of registration of living citizens at this address.
Issument on the personal account.
Certificate of passport replacement (for individuals who produced such an operation from September 1991 to the date of reconsider).
The certificate that the applicant does not have housing obtained by privatization.
Passports or certificates of persons registered in the apartment (room) at the time of applying.
A court decision for persons who live (registered at the address privatized object) in accordance with the judicial decision.
Explication (cadastral passport).
Certificate of participation in the privatization of another facility for persons who used their right earlier, but are registered at the address privatized apartment (rooms).
Refusal to use the right to privatization for persons who voluntarily do not want to participate in possession of this object.

How much privatization costs cottage plot In 2015? Read here.

Who has the right to privatize the residential premises? In detail in this article.

Appeal to the Court

Difficulties in privatization may occur if the building was departmental (for example, it was listed on the balance sheet of the plant, which no longer exists), and not yet accepted into the management of the municipality.

In such situations, a positive result can be obtained only by court decision:

the court makes a definition in terms of the possibility of transferring a residential area;
the court decision is the basis for issuing a certificate for ownership, if all other formalities envisaged by the legislation are observed.

Rights and obligations of the owner

After receiving an apartment, a room or other housing, the new owner has the right to dispose of real estate at its discretion.

Privatized accommodation can be:

In addition, in a privatized apartment there may be legal addresses of commercial enterprises, if this does not contradict the legislation.

Getting an apartment in possession, it should be noted that the current and overhaul produces the owner, and the preferential service rates remain in the past.

It is advisable to privatize land plot And the adjacent territory, which will increase not only the cost of the apartment, but also the quality of accommodation.

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Full or partial copying is pursued by law!

According to official data in Russia, each fifth apartment is not privatized. Until 1992, the entire housing foundation was under the jurisdiction of the state, and citizens rented him on the basis of a social hiring agreement. According to this agreement, the person living in the apartment did not have property rights.

Over the past decades, within the framework of the law on free privatization, people had the right to re-refline the housing in personal property. Due to various reasons, this was done not everyone, therefore, the time to extend this procedure was once again revised. Now everyone who has not had time to fulfill the necessary procedures will be able to do this in 2019.

Program implementation period

Initially considered the possibility of prolongation of free privatization only for residents of the Crimea and citizens living in emergency housesbut the bill has been revised and improved.

Initially, the State Duma intended to extend the program for the entire 2019 year, explaining its decision by the fact that such a term should be enough to have the need for all stages of renewal. But at the initiative of the President of the Russian Federation, comprehensively studied this issue, a proposal was made to cancel the temporary limits of free privatization of residential fund for Russians.

Such a proposal was supported by almost all fractions and was successfully accepted. The document was discussed at a meeting on February 15 and approved by the Federation Council of the 17th, and was officially approved on February 22, 2017. In the federal law "On recognition of the individual provisions of the legislative acts of the Russian Federation" from 22.02.2017 N 14-FZ states that the Federal Law of February 29, 2016 N 33-ФЗ "On Amendments to Article 2 of the Federal Law on Enforcement The Housing Code of the Russian Federation "(Meeting of the legislation of the Russian Federation, 2016, N 9, Art. 1168) was recognized as invalid from the moment of signing.

According to the government, the decision on prolongation will reduce the stir around this issue and eliminates social stresses in certain layers of society.

Changes for owners after privatization

For those who are interested in changes after re-issuing housing, it is necessary to understand that the entry into possession is a number of new rights and responsibilities:

opportunity to sell residential real estate;
conducting full-scale redevelopment and reconstruction;
participation in collecting funds for capital repairs;
repayment of real estate tax.

For state N. privatized apartments Become a budget ballast, as all such costs for the maintenance of houses and the lack of tax revenues from the owners create a deficit of the relevant funds.

According to this change, about 5.6 billion rubles is expected in the legislation. Every year throughout 2018-2019. From this point of view, the removal of temporary restrictions on the free privatization of apartments is beneficial not only for owners, but also for the state.

Who benefits prolongation

The privatization of the apartment significantly expands the rights of the owner. Making renewal, it is possible to dispose of real estate as follows:

sell;
lease;
point in the will;
use as collateral in the bank;
give
exchange.

Free privatization is beneficial for those who plan to bind to the apartment legal address or commercial enterprise.

There are categories for which the delay was especially important. For example, a large excitement arose in Crimea and Sevastopol after joining in 2014. The local population was necessary to study the entire mechanism in detail, consider its algorithm and implementation paths, which became a problem due to the lack of time necessary for reissuing and replacing other important documents. Therefore, in this region the situation is worse than the rest. Initially it was supposed to be prolonged for them a period released to renewal, until 2020. But in connection with the general solution, they have the opportunity to produce all necessary actions not in the comral order.

The ability to privatize housing is extremely important for those people who live in emergency houses planned for demolition. Reissuing property gives them the right to claim the issuance of new apartments, so in their case the delay is extremely an important pointHelping to implement social state guarantees.

List of necessary documents

To manage to make the reissue of the apartment in 2019, you need to prepare such documents in advance:

certificate of form No. 3 from H H, on the number of prescribed PRES;
technical documentation for an apartment decorated in the HSEK;
application for consent, which in the presence of the HISE chief must sign all the persons who have reached 14 years prescribed in the apartment;
certificates of the birth of children under 14 years;
passports of all residents over 14 years old;
help with Hweak, where the previous place of registration was located to confirm that the legal right to privatization was not previously implemented;
extract from the Unified State Register of Real Estate Rights;
check about redeeming state duty.

If a last time Regulation varied earlier than January 1, 1993, then the help from the Hweak at the previous place of registration will not need.

For people who have children (relatives adopted or in guardianship), a certificate of custody and guardianship is needed.

Algorithm privatization

In 2019, the process will occur in 3 main stages:

At the first stage, it is necessary to collect a complete set of the above-described documents.
When the entire list is prepared, you can begin the reissue procedure. To do this, contact the nearest department of MFC and transfer documents and statements there. Inspector examines in detail their completeness and correctness of filling, after which it voiced the date when a meeting should be held on this issue. During the meeting, the members of the Commission take a collegial decision on a positive or negative verdict on the possibility of privatizing the apartment with specific persons. If an affirmative decision is made, the applicant in the hands is issued a document confirming the right to admire the apartment.
In the third stage, it is necessary to make a certificate. To do this, you need to visit the state registrar, having an permissive document obtained in the Housing Committee. Based on the decision provided, he will issue a certificate of ownership.

After the placement of housing for technical accounting in BTI, the transfer of housing in private property is considered to be fully committed.

How much time is occupied

The preliminary collection of all the necessary data and the design of the application takes no more than a week.

From the moments of filing a package of documents to a multifunctional center, the regulation of the consideration of the statement of free privatization, which involves obtaining a final decision during the time not exceeding 60 calendar days, that is, 2 months. This solution can be obtained before, subject to the low loading of the housing committee.

The state registrar serves citizens within one day. Total re-registration on average takes no about 70 days.

What can be privatized

The program of free privatization concerns housing, which is located in the municipal or government agency. The exception to this list is:

apartment museums;
premises in office homes;
apartments located on the territory of the protected areas;
housing in disserval;
apartments in closed military towns.

Who can take advantage of the right

In the event that the number of adult tenants prescribed in the apartment, more than one, then the design holds one of them, providing all the necessary documents for the rest. In her face, he represents the interests of all future owners.

If someone from adult people prescribed in housing do not agree to privatization, then the procedure will be impossible.

Those citizens who at the time of renewal are outside the area of \u200b\u200breach and cannot officially testify their opinion on this issue (for example, long-term abroad, in service in the army ranks or in place of imprisonment) automatically receive their share after return.

Adult citizens can realize the right to free privatization of once, and minors - twice: before and after the onset of the age of majority.

If you want to re-implement the right to privatization, you will need to pay complete cadastral value housing.

The possibility of Russian citizens is free to privatize the housing, which they occupy as employers, used to be only until March 1, 2017. However, the law was adopted before the planned sentence of privatization, according to which The privatization of housing was extended, but already Indefinite (i.e., to acquire the ownership of the residential area, now you can now at any time, the deadline for the privatization of housing is not).

Those who did not have time to arrange their square meters Property by free privatization of housing is still a matter: is it worth doing this at all? Unfortunately, there is no unambiguous answer to this question, the pros and cons of privatization can be estimated only in each case.

By taking the decision to privatize the residential premises, citizens often face problematic cases: documents are lost or required additional collection, the residential premises are not engaged in the conditions of social hiring, but, for example, at the service order, the room is not worth an inventory accounting or there are no information about its technical characteristics, the residential premises is related to a specialized housing foundation, located in the territory of closed military towns, The ownership of it is not registered in the register of federal or municipal property. In most such cases, conflict or controversial situations arise, to solve that only judicially. However, there are trouble-free cases when all documents are in order, the collection of missing documents does not occupy a significant time and allows deadlines Arrange a residential premises.

What documents are required for privatization?

Document confirming the right to use residential premises (social hiring agreement, warrant, archival copy of the decision on the provision of residential premises, other document).
Extract from the house book.Valid for 1 month.
Copy of financial personal account.Valid for 1 month. If there is a debt on utility payments, then it must be paid off, and then receive a document.
Personality Documents (Passport, Certificate of Birth and their copies in the number of persons involved in the privatization of residential premises).
Cadastral passport for residential premises or extract from EGRN (Unified State Register of Real Estate). If it turns out that there are no information about the premises in the State Cadastre of Real Estate, and it is not worth the cadastral accounting, difficulties may also arise with obtaining this document.
Technical passport for residential premises (not mandatory document And it is required in the absence of an apartment on cadastral accounting or in the presence of errors in real estate cadastre). If the room was redeveloped, then difficulties may arise with obtaining this document.
Receipt of payment state duty For privatization.

This is the minimum list of documents required for privatization, but depending on the situation, other documents, references and information may be required.

If the interests of citizens represent a trustee must, respectively, have a notarized power of attorney and a notarized copy of it.

In some cases, an important and necessary document is a certificate that the applicant has not previously used the right to privatize residential premises at the same place of residence. So if the participant in the privatization of the apartment had a residence permit in another city or the region, the reference would be required that the right to privatization was not realized earlier - in this very different city. It should be borne in mind that in order to get such a certificate, most often have to be very trying, and sometimes to ride around the country.

Residential premises may be transferred to the ownership of all citizens living in it, the property of several people or the ownership of one of the joint persons, including minor. Those who do not want to participate in privatization should be issued notarized refusal. It must be understood that this means a complete refusal of ownership of the privatized living space. However, if someone from the family members do not refuse to take part in the privatization process and family members cannot agree among themselves the section of the apartment and partial privatization is prohibited.

Even when preparing all the necessary documents, it is possible to fail, challenge which citizens have the right to judicial order.

As a rule, the reasons for appeal to court on privatization issues are reduced to the following: a refusal was obtained to the application for privatization; In the housing provided, illegal redevelopment was revealed; The room refers to service or emergency housing is in a hostel or house located in closed towns; There is no owner of the house.

The most common cause of appeal to court with a claim for recognition of ownership in the order of free privatization in Krasnogorsk and Istra regions is a departmental and service housing. Most departmental housing was obtained from the Ministry of Defense of the Russian Federation, therefore the military personnel are the largest category of citizens with privatization. The only possibility of obtaining for them the property of such a housing is Court appeal with lawsuit About recognition of ownership in the order of free privatization and obtaining a positive decision of the court.

The final time to which the room is privatized, depends on how quickly all the necessary documents will be prepared. The privatization process as usual occupies an average of 3 months (two of which go to the design of the transfer agreement), and in court of 4 months or more.

As a result, it becomes difficult to privatize the living quarters, because The privatization process turns out to be quite time consuming and takes a lot of time.

In order to avoid all the above problems and reduce the risks for the design of privatization, many citizens appeal to the real estate and legal companies. Against the background of the "imaginary expiration of the privatization period" (March 1, 2018) many companies overestimate the cost of privatizing residential premises. However, those companies that are at a low fee (on average it is from 12 to 35 thousand rubles) provide services for the design of property rights in the order of privatization, have all the necessary skills and experience in this matter. In any case, the cost of services of such companies or private lawyers is incomparable with the cost of real estate, which after privatization will be in your property. After all, it is real estate for most Russians - the main and often only capital.

Real estate for most Russians is the main and often the only capital. Citizens who privatized housing and those who have become the owners of such housing are given the right to own, use and dispose of residential premises. Selling, token, rent, let's place this room, give a residential premises in a deposit and burden it in other ways, as well as make other transactions with him.

The privatization process in some cases requires time costs, has its subtleties in the design and not everyone manages to independently cope with the solution of this issue on the first attempt. To save time, money and nerves, as well as to avoid problems and reduce risks for privatization, it is better to refer to specialists.

The Legal Company "Counselor-Plus" provides services for the privatization of real estate in the Krasnogorsk and Istrinsky district, as well as Moscow and the Moscow region. The company's specialists have a positive experience in conducting privatization, both in general and judicial order. If you have any questions, you need advice on privatization or legal assistance on privatization issues - contact the company "Advisor Plus".

You can get acquainted with the legal services on the privatization of apartments, rooms or houses here:

Now for citizens who did not privatize the housing in which they live under a social employment contract, the issue of extension is free privatization. Legislators, given this situation and re-emerged by the excitement before the graduation program scheduled for March 1, 2017, adopted Law No. 14-FZ dated February 22, 2017, according to which privatization is extended once again, but already indefinite (i.e. on an ongoing basis).

Earlier (in 2016) a number of draft laws involved in the State Duma of the Russian Federation extension of privatization periodfor another year. These initiatives of the State Duma were rejectedWhat makes it possible to conclude that privatization will not be extended for all (the Russian government of the Russian Federation adhered to this opinion).

However, due to the position of the country's leadership (Prime Minister Dmitry Medvedev and president Vladimir Putin) The law was adopted, which was canceled by the position of the Housing Code (LCD) of the Russian Federation on the completion of free privatization March 1, 2017

The leadership of the country transfers several times to execute the transition of municipal ownership to citizens for a short time, trying to stimulate citizens For decoration of apartments in the property. Moreover, it was previously stated that free privatization could not be an indefinite, in connection with which it ended established paid order Acquisition of citizens.

Adoption of the draft law on privatization

January 13, 2017 bill № 77072-7 Amend the changes to Art. 2 of the Federal Law of December 29, 2004 No. 189-FZ (ed. From 07/03/2016) "On the introduction of the Housing Code of the Russian Federation" was submitted to the State Duma of the Russian Federation.

According to him, it was proposed that privatization is extended to 01/01/2020, but only For certain categories of citizens of the Russian Federation.

The remaining groups of citizens not listed in the bill, after the statutory status established by law (03/01/2017), could not be transferred to property for free.

However, after adoption of the bill in the first reading (01/27/2017), 22 amendments were provided for it. It is known that his authors, namely Sidyakin A.G. (The first deputy chairman of the Profile Committee of the State Duma on Housing Policy and Housing and Communal Services) and Kacheev P.R. (Deputy Chairman of the Profile Committee) When considering amendments, it was proposed to extend privatization for all categories of citizens until 2019 or indefinitely.

When discussing these amendments, February 6 at a meeting of deputies from the United Russia faction and representatives from the Profile Committee with Prime Minister D.A. Medvedev decided to extend free privatization for all citizens of the Russian Federation without limiting her deadlines.

On February 7, the draft law with appropriate amendments was submitted to the State Duma, and in the day later adopted in the second reading. The third reading was held on February 10, at a meeting of which it was decided to accepting the relevant law.

In 5 days, the document was approved by the Federation Council and sent to the President of the Russian Federation V.V. Putin. So, on February 22, a federal law of 22.02.2017 No. 14-FZ was signed. "On recognition by invalid the strength of the provisions of the legislation of the Russian Federation", after which it was published and entered into force.

However, when discussing an increase in the timing of free privatization, the legislators proposed such an opportunity only for the following categories of citizens:

living in the territories of the Republic of Crimea and the city of the federal value of Sevastopol;
citizens to be resettled from emergency or subject to demolition of housing, recognized as such until 01/01/2012;
children orphans And children left without parental care, at the end of the term of the contract of hiring the specialized premises provided to him.

In an explanatory note that came to the bill, the reasons for the extension for each of the above groups were indicated.

Privatization extended for the residents of the Crimea due to the fact that the regulatory framework was developed, regulating the process of transition of residential premises to the property of citizens, an inventory of residential fund.
In relation to citizens who need relocation, privatization has been extended due to the fact that after receiving new housing, they will not be able to take advantage of the right At the receipt of housing to the property, which will put them in an unequal position with those who have already moved to the end of the deadline.
Children's orphans such a right is provided to obtain employed housing after the expiration of the contract is free.

Also in the extension of free privatization of housing, residents and military towns are needed, and provided by industrial enterprises.

Causes of nationwide until 2017

Free privatization in the Russian Federation began in 1992. The specified process should end in 2007, however. Earlier, Prime Minister Dmitry Medvedev said that privatization could not be extended infinitely. In justifying this statement, arguments were argued that this process lasts very long and those who wanted to arrange housing The property has already done.

In addition, according to statistics, almost the entire housing fund, subject to privatization, has already been drawn up to the property of citizens (according to the Ministry of Construction and Housing and Civil Code of the Russian Federation - more than 85%), in connection with which the social fund is not formed. Formation social housing Foundation It is impossible to carry out that leads to postponing the provision of housing provision by those persons who are in the queue for obtaining it.