Until what year will the privatization of apartments last? Terms of free privatization of the apartment. Main directions of privatization

Which regulated the end of the terms of free privatization of housing.

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The deadline when it was still possible to transfer an apartment from a municipal to private property free of charge - March 1, 2018. However, as of 2020, the situation seems to be somewhat different.

To what year is it extended

The appearance of this Federal Law is marked by a systematic decrease in the growth rate of housing privatization.

Rosstat cites information that 30% of the fund intended for the residence of citizens is still in municipal or state ownership.

This is despite the extensive government policy aimed at increasing the attractiveness of privatization in the eyes of Russians.

Despite the fact that the law sets the deadline for the privatization of housing, the possibility of living in municipal apartments will continue after the end of the federal program.

The legislators explain the need for periodic extension of the terms by the fact that some of the citizens are awaiting resettlement from dilapidated and dilapidated houses, thereby not being able to privatize property that has already been seized for state or municipal needs.

And although free privatization housing has been extended by the State Duma until 2020, according to some media outlets, at the moment new amendments have been made to the legislation making privatization indefinite.

When it ends

The Russian government has decided not to put time limits anymore and to make privatization free of charge indefinitely. This was announced on February 7, 2020 by the press secretary of Dmitry Medvedev, Natalya Timakova.

The prime minister's "right hand" explained that a day earlier, during a government meeting, Dmitry Medvedev proposed at the legislative level to establish a refusal to limit the terms of free privatization.

Timakova stressed that the prime minister's idea was supported by both members of the United Russia faction and specialized ministers.

The President of Russia Vladimir Putan took a similar position. Ultimately, a second reading of the proposed bill was held on 8 February.

Note that not only United Russia supported free privatization, but also other parties. Thus, the leader of the Just Russia faction, Sergei Mironov, said that he would support any amendment introduced by the ruling party - both the extension of free privatization for 2 years, and unlimited.

Recall that gratuitous privatization began in the Russian Federation in 1992 and continues to this day. The program was supposed to end with the adoption new edition 1.01.2007. The renewal was carried out 5 times in total, and last time- until March 1, 2020.

They wanted to leave the right to free privatization after March 1, 2020 only for 3 categories of citizens:

orphans;
residents of Crimea and Sevastopol;
citizens living in hazardous housing recognized as such until 2012.

The amendments allowed these persons to carry out privatization free of charge for another 3 years after the end of the main term.

Ultimately, the final amendments were adopted by the State Duma on February 10, 2020. Now privatization will be unlimited and free of charge for all categories of citizens living in the Russian Federation. The bill was adopted unanimously - all 413 deputies present voted in favor.

Who has the right to free privatization of a land plot

Only the following types of land plots can be privatized for free:

on which there are residential buildings acquired by citizens in the ownership before being put into operation (before 2001);
which are transferred on a long-term lease basis for individual housing construction or private household plots;
granted on the basis of the right of perpetual use or life-long inherited possession;
which were issued to citizens on the basis of a summer cottage, garden or vegetable garden, as well as for the construction of garages.

Certain types of land cannot be privatized. These include:

land withdrawn from public circulation;
lands of cultural or historical value, or having a special strategic purpose.

The right to register land ownership, first of all, is with the owner of a building erected on such a land plot. The right is also available to those who received land in free use(for example, in a lifetime inheritable possession).

Heirs will not be eligible for free use. They will have to rent or buy out a land plot belonging to the state or municipality at the cadastral value.

Owners of garden or summer cottages (not intended for permanent residence) houses. But first, they will have to formalize the ownership of such real estate.

Foundations

The basis for free privatization will be the desire of the owners registered in the municipal housing estate. If at least one of them disagrees, he must provide a written refusal.

Note that any housing suitable for permanent residence in it can be privatized. But the law makes certain exceptions. So, you cannot privatize:

houses that are in established order have been found to be damaged or dilapidated;
rooms located in the hostel;
service apartments, including those located in the buildings of closed military camps.

Important! You can privatize any housing, except for the above, if it was previously provided by the local administration on the basis of a social tenancy agreement.

Grounds for gratuitous privatization of land under a private house:

the citizen legally used the site on which the residential building was located;
citizen legally used land plot, and the house located on it was not registered in ownership until the entry into force of the RF LC (2001).

What is the difference from paid

Since the terms of free privatization have been extended many times, and the latest adopted amendments have established free privatization for an unlimited period, it is not clear who might need paid privatization.

Moreover, the procedure for the so-called paid privatization was not approved either at the beginning of the program (1992), or even now. How this procedure would take place, some experts imagine.

It was thought that after the expiry of the term for free privatization, a privatization scheme on a paid basis would begin to work. But the procedure for determining the redemption price for apartments in the case of paid privatization has not been determined. How much would the employer have to pay?

The price of an apartment can be determined based on the actual market value, and based on the assessment issued by the BTI authorities (the price from the BTI is significantly lower than the market price). The latter option is much more profitable for ordinary citizens, but the municipal budget would receive less funds.

Another way to calculate the cost of paid privatization can be a cadastral valuation of property. According to information from the Registration Chamber, the cadastral valuation has already been completed in all regions of the country.

All this is only in theory, but what will happen in practice if the law on indefinite privatization canceled - time will tell.

How is it going

To register the property right to the premises occupied under the social tenancy agreement, you must contact the Property Management Committee of the local administration body.

If the process of collecting documents will be handled by one person, to complete legal action on behalf of others registered will be required.

In addition to the power of attorney, application, consents / refusals, a certain package of documents established by law is submitted to the local administration body.

The municipal authority may refuse to privatize if the property previously belonged to an enterprise with which the applicant had an employment relationship.

Service apartments, according to the law, are not privatized - they must first be transferred to the balance sheet of the municipality, and only then receive the ownership.

A citizen who believes that his right has been violated can apply to statement of claim to court (). If the court passes a positive verdict, the administration of the Ministry of Defense will be obliged to comply with the requirements specified by the court.

The documents

For the transfer of housing rights from the municipality to the private property of one or more persons, the following documents are required:

a document certifying the right to use the residential premises (order or);
an extract from the house book or apartment card (it is permissible to provide a certificate of registration of living citizens);

an extract from the personal account on the absence of debts, penalties and delinquencies for utilities;

certificate of passport replacement (if the passport was changed between September 1991 and the time of registration);
certificate of non-participation in privatization in previous periods (to obtain the right to free privatization);

identity documents of both the applicant and the rest of the registered;
cadastral and technical certificate to the living quarters;
refusal of privatization for citizens who do not want to receive an apartment in their ownership.

Nuances

Nuances of free privatization:

free privatization means the process of transferring housing to private ownership, for which you will not have to pay, while the associated costs are completely borne by the applicant (state duty, notary, etc.);
plots of land can be privatized in a simplified manner if they were allocated by the state in the period from 1992 to 1998 (the so-called “dacha amnesty”);
privatized land can be disposed of at your own discretion, leased land - only with the permission of the lessor;
if privatization is denied without good reason, you can go to court and restore the violated right.

According to official data, every fifth apartment in Russia has not been privatized. Until 1992, the entire housing stock was under the jurisdiction of the state, and citizens rented it on the basis of a social rental agreement. According to this agreement, the person living in the apartment did not have property rights.

Over the past decades, under the law on free privatization, people have had the right to re-register housing as personal property. For various reasons, not everyone was able to do this, so the deadlines for extending this procedure on a free basis were once again revised. Now everyone who did not have time to complete the necessary procedures will be able to do so in 2019.

Program implementation period

Initially, the possibility of prolonging free privatization was considered only for residents of Crimea and citizens living in emergency houses, but the bill was revised and finalized.

Initially, the State Duma intended to extend the program for the whole of 2019, explaining its decision by the fact that such a period should be enough for those wishing to carry out all the stages of re-registration. But at the initiative of the President of the Russian Federation, who comprehensively studied this issue, a proposal was made to abolish the time limits for the free privatization of housing stock for Russians.

This proposal was supported by almost all factions and was successfully accepted. The document was considered at a meeting on February 15 and approved by the Federation Council on the 17th, and officially approved on February 22, 2017. In the Federal Law "On Recognition as Invalidated of Certain Provisions of Legislative Acts Russian Federation"Dated February 22, 2017 N 14-FZ, it is indicated that Federal Law of February 29, 2016 N 33-FZ" On Amendments to Article 2 of the Federal Law on the Enactment of Housing Code Russian Federation "(Collected Legislation of the Russian Federation, 2016, N 9, Art. 1168) was declared invalid from the moment of signing.

According to the government, the decision to prolong it will reduce the excitement around this issue and eliminate social tension in certain segments of society.

Changes for owners after privatization

For those who are interested in changes after the re-registration of housing, it is necessary to understand that taking possession brings with it a number of new rights and obligations:

the possibility of selling residential real estate;
full-scale redevelopment and reconstruction;
participation in fundraising for major repairs;
repayment of real estate tax.

For the state, non-privatized apartments become a budgetary ballast, since all such expenses for the maintenance of houses and the absence tax revenues from the owners create a deficit of the corresponding funds.

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

Who benefits from prolongation

The privatization of an apartment significantly expands the rights of the owner. Having made the re-registration, you can dispose of the property as follows:

sell;
lease;
indicate in the will;
use as collateral at the bank;
present;
exchange.

Free privatization is beneficial for those who plan to tie to an apartment legal address or a place of business.

There are categories for which deferral was particularly important. For example, a great stir arose in the Crimea and Sevastopol after the annexation in 2014. The local population needed to study the entire mechanism in detail, consider its algorithm and ways of implementation, which became a problem due to the lack of time required to reissue and replace other important documents. Therefore, the situation in this region is worse than in the rest. Initially, it was supposed to prolong the term for renewal for them until 2020. But in connection with the general decision, they have the opportunity to perform all the necessary actions not in an emergency.

The ability to privatize housing is also extremely important for those people who live in dilapidated houses planned for demolition. The re-registration of ownership gives them the right to apply for the issuance of new apartments, therefore, in their case, the delay is extremely important point helping to implement social state guarantees.

List of required documents

In order to have time to complete the re-registration of an apartment in 2019, you need to prepare the following documents in advance:

certificate of form No. 3 from the ZhEK about the number of registered persons;
technical documentation for the apartment, drawn up in the housing office;
a statement of consent, which in the presence of the head of the housing office must be signed by all persons who have reached the age of 14, registered in the apartment;
birth certificates of children under the age of 14;
passports of all residents over 14 years old;
a certificate from the housing office where the former place of residence was located to confirm that the legal right to privatization was not previously exercised;
extract from the unified state register of real estate rights;
a check on the repayment of the state duty.

If the last time the registration was changed earlier than January 1, 1993, then a certificate from the housing office for the previous place of registration will not be needed.

For people with children (relatives, adopted or in guardianship), a certificate from the guardianship and guardianship department is additionally required.

Algorithm of privatization

In 2019, the process will take place in 3 main stages:

The first step is to collect full set the above documents.
When the entire list is prepared, you can begin the renewal procedure. To do this, you need to contact the nearest branch of the MFC and send the documents and application there. The inspector examines in detail their completeness and correctness of filling, after which he announces the date when a meeting on this issue is to be held. During the meeting, the members of the commission make a collegial decision on a positive or negative verdict on the possibility of privatization of an apartment by specific persons. If an affirmative decision is made, the applicant will be given a document confirming the right to take possession of the apartment.
At the third stage, it is necessary to issue a certificate. To do this, you need to visit the state registrar, having on hand a permit obtained from the housing committee. Based on the decision provided, he will issue a certificate of ownership.

The State Duma Committee on Housing Policy and Housing and Utilities has recommended to adopt in the first reading a bill on the extension of the privatization period.

The bill proposes to amend Article 2 of the Federal Law of December 29, 2004 No. 189 "On the Enactment of the Housing Code of the Russian Federation", according to which, until January 1, 2020, the period of free privatization of residential premises for certain categories of citizens is extended, namely: territories of the Republic of Crimea and the federal city of Sevastopol; citizens subject to resettlement from apartment buildings recognized as emergency before January 1, 2012 in accordance with the established procedure and subject to demolition or reconstruction due to physical wear and tear during their operation; as well as orphans and children left without parental care, at the end of the lease agreement for the specialized living quarters provided to them.

The Committee supported the idea of preserving the right to receive residential premises in the ownership of orphans and children left without parental care, but indicated that the solution to this issue should be implemented not within the framework of the privatization law, but by amending Article 8 of the Federal Law of 21 December 1996 No. 159-FZ "On additional guarantees for social support of orphans and children left without parental care", giving this category of citizens the right to register the dwelling they occupy under a social tenancy agreement or into ownership free of charge upon the expiration of the contract renting specialized living quarters provided to them and in the absence of circumstances indicating the need to assist such persons in overcoming a difficult life situation.

The procedure for the provision of residential premises under contracts for the lease of specialized housing stock for a period of 5 years for orphans and children left without parental care, established by the Federal Law of February 29, 2012 No. 15 "On Amendments to Certain Legislative Acts of the Russian Federation regarding the provision of living quarters for children - orphans and children left without parental care "is valid from January 1, 2013. Thus, the real need for the proposed regulation will arise no earlier than January 1, 2018.

As well as in previous years, the committee emphasizes, the need to extend the privatization period is justified by the authors by the fact that a significant part of citizens, due to socio-economic and organizational reasons, could not exercise their right to privatize residential premises received under social rental contracts, and, consequently, its renewal will allow them to exercise their right. Thanks to the increase in the term until 2020, more migrants from dilapidated and dilapidated houses will have time to privatize their new living quarters free of charge, since the object of privatization cannot be an apartment located in an apartment building recognized as emergency and subject to demolition.

The Committee also conceptually supported the idea of preserving the right to receive ownership of residential premises for this category of citizens, but most of the deputies believe that the so-called "old waiting lists" registered before March 1, 2005 should be included in the same list. - for a long period of waiting for the receipt of a dwelling, they may lose the right to register it in ownership.

In its conclusion, the committee indicated that the terminology of the draft law must be brought into line with Federal Law No. 159 of December 21, 1996 "On additional guarantees for social support for orphans and children left without parental care." The deputies also proposed "to remove the time limit set in the bill for apartment buildings recognized as emergency and subject to demolition before January 1, 2012".

In the fall of last year, the head of the Ministry of Construction, Mikhail Men, announced that the free privatization of housing in Russia would no longer be extended and would end in March 2017. The Government of the Russian Federation supported this position. It is impossible to indefinitely extend the privatization of housing "for free", said Russian Prime Minister Dmitry Medvedev.

Laws of the Russian Federation 2020

The institute of privatization has existed since 1999. From that moment on, how long did the procedure last: until 2007, until 2010, until 2013, and finally, until 2020. Until now, only 30% of potential owners have privatized housing. In February of this year, the legislator amended the Federal Law of 2004 No. 191, on the basis of which the date of the end of privatization is March 1, 2020. After this date, it will not be possible to purchase an apartment from the state for free. Let us examine in detail all the conditions and procedure for participation in privatization.

Free privatization of an apartment after March 1, 2020 is the transfer of real estate into ownership without monetary compensation the former owner. State bodies do not have the right to refuse to conduct it, because information about this is provided in the law, the main thing is to simply collect the necessary package of documents and submit it to the relevant authorities.

Privatization without payment later than March 1 implies the procedure for transferring the property to its full disposal, without performing compensation in favor of the former owner - the state. Moreover, the authorized bodies cannot rightfully refuse citizens, which is prescribed by the relevant law. It is important that the person applying for such a procedure has all the documents with him for subsequent submission to state bodies. Those who already have these papers in their hands can privatize housing (apartments) free of charge until March 1, 2020.

Free privatization of an apartment extended until 2020, which law was adopted

After the free privatization of an apartment, you become its owner and receive not only the corresponding rights, but also obligations. For example, apartment owners in apartment buildings are required to make payments to overhaul housing, as well as pay real estate tax. Citizens living in an apartment under a social contract do not have such obligations.

If the child is less than 14 years old, then housing can be transferred into their ownership either at the request of the parents, or at the request of the guardians with the permission of the guardianship and guardianship authorities. Minors at this age do not have the right to make any decisions on their own.
If a child is between 14 and 18 years old, then he has substantial rights to self-privatization - housing can be transferred to their ownership upon their own application with the consent of the parents or trustees and guardianship authorities.

Privatization of housing in 2020

The confusion in the minds of citizens has arisen due to the fact that the State Duma has repeatedly moved away from the moment when privatizing housing on a gratuitous basis. So, in 2015, it was decided to set a deadline until March 1 of the next 2020. After that, the Presidential Decree extended this time until March 1 of this year. such a situation only indicates that the authorities in every possible way motivate citizens to become more active in this issue and to secure their rights to the real estate in use. This is confirmed by the content explanatory note attached to the bill.

Prolonged privatization in 2020

the passport of the owner of the land plot;
birth certificate of a child under the age of fourteen;
a corresponding statement from the owner of the land plot;
a document from the relevant authorities, which will clearly define the boundaries of the land plot;
a certificate that should be taken from the chairman of the cooperative, in which the ownership of the site will be confirmed.

Free privatization of 2020 apartments and housing free news

In about two months, this department will make a final decision, of course, if everything ends successfully, and you receive a special paper ( legal document), which will allow you from now on to be the full owner of your square meters legally. worldluxrealty.com/node/5636

On the extension of the free privatization of the apartment until 2020

The deadline until 01.01.2020 was specified in the initial draft law, which was considered by the State Duma in 2015. In fact, then this period was extended only until 03/01/2020.When the indicated date approached, this period was extended for another 12 months - until 03/01/2020.

Until what year can an apartment be privatized?

If earlier the parties to the social employment contract were minors, persons under 18 years old, later they were discharged, then they can also take part in privatization. In their case, documents are prepared from the guardianship authorities.

But why, after 25 years of the program of free privatization, many citizens have not exercised the right to move from tenants to the category of owners? Indeed, today even the procedure for registering an apartment in ownership has been simplified - the official website of Gosuslugi.Ru allows you to save time and effort. What is holding Russians back?

Apartment privatization extended until 2020

Now for many people it is important to know for sure: Is the extension of the law foreseen in 2020, yes or no? So far, there have been no official statements from the government. But in terms of populism that everyone loves so much Russian politician Most likely, before the elections, V. Putin will extend the privatization by 1 - 3 years. Moreover, experts are confident that this procedure will still be resumed, if not for all, then at least for some categories of citizens.

Privatization of an apartment in 2020

In the event that the bill is approved in positive side, first of all, you must carefully read all important processes and the nuances of privatization itself. So, who has the right to it under the current law, what are the main and important points?

Is it true that the privatization of the apartment has been extended until 2020

Many citizens live in hazardous housing and are in the process of resettlement. Considering that they are unable to solve their housing problem, it is unlawful to deprive them of the right to free privatization.
There is a whole stratum of Russians who have been in line for a long time to receive their own housing, and if privatization ends, they will not be able to exercise their right.

Privatization of apartments extended until 2020

As a result of the parliament meeting, it was decided to amend the law and allow free registration of documents for an apartment only until the spring of 2020. After some time, this bill was signed by the President of the country and then came into force.

Privatization of housing after March 1, 2020

Questions about privatization almost never subside. They have worried the citizens of the Russian Federation for two decades, because despite the fact that the privatization of housing began in 1991, it has not been possible to complete it to this day.

Despite the relative simplicity and accessibility of the procedure, not all Russians can register ownership of real estate. That is why it is worth discussing the question of whether free privatization of housing will be carried out before March 1, 2020 and what to expect after.

The legal framework has changed

For Russians, quite good news has recently appeared in the press, because if the question of terminating the privatization of housing was previously discussed, then after the introduction of Federal Law No. 14, the procedure for privatizing housing remained free, but for this moment it is indefinite, that is, it is not worth expecting the extension of the bill for another year, as is the case today.

While you can privatize an apartment at any time, but this applies exclusively to housing, for summer cottages, the story is a little different.

Thus, the privatization of the apartment after March 1, 2020 and before this date will operate according to the same rules, that is, no changes in this area are planned at this stage.

Now for citizens who have not privatized the housing in which they live under a social tenancy agreement, the issue of extending free privatization... Legislators, taking into account this situation and the newly arisen excitement before the end of the free housing privatization program 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(i.e. on an ongoing basis).

Previously(in 2016) A number of bills were sent to the State Duma of the Russian Federation, providing extension of the privatization period for one more year. These initiatives by the State Duma were rejected, which made it possible to conclude that privatization for everyone will no longer be extended (this was the opinion of the Government of the Russian Federation).

However, due to the position of the country's leadership (prime minister Dmitry Medvedev and the president Vladimir Putin), a law was adopted that canceled the provision of the Housing Code of the Russian Federation on the completion of free privatization on March 1, 2017.

The country's leadership several times postponed the deadline for registering the transfer of municipal property to citizens for a short period, trying to stimulate citizens for registration of apartments in ownership. Moreover, it was previously argued that free privatization cannot be unlimited, and therefore, upon its completion paid order was supposed acquisition of citizens.

Adoption of the draft law on the extension of privatization

January 13, 2017 bill № 77072-7 on amendments to Art. 2 of the Federal Law of 29.12.2004 No. 189-FZ (as amended on 03.07.2016) "On the introduction of the Housing Code of the Russian Federation" was submitted for consideration to the State Duma of the Russian Federation.

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

The rest of the groups of citizens not specified in the bill, after the deadline established by law (03/01/2017), would not be able to transfer housing into ownership free of charge.

However, after adoption of the bill in the first reading(01/27/2017), 22 amendments were provided to it. It is known that its authors, namely Sidyakin A.G.(first deputy chairman of the profile committee of the State Duma on housing policy and housing and communal services) and P.R. Kachkaev(deputy chairman of the profile committee) when considering the amendments, it was proposed to extend the privatization for all categories of citizens until 2019 or indefinitely.

When discussing these amendments, on 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 no time limit.

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

After 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, he signed the Federal Law of February 22, 2017 No. 14-FZ "On recognition as invalid of certain provisions of legislative acts of the Russian Federation" after which it was published and entered into force.

However, when discussing the increase in the terms 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 federal city of Sevastopol;
citizens subject to resettlement from housing in emergency or subject to demolition, recognized as such before 01.01.2012;
orphans and children left without parental care at the end of the term of the lease agreement for the specialized premises provided to them.

The explanatory note attached to the bill indicated the reasons for the extension for each of the above groups.

Privatization has been extended for Crimean residents due to the fact that was developed normative base regulating the process of transferring residential premises into the ownership of citizens, an inventory of the housing stock was carried out.
With regard to citizens in need of resettlement, privatization was extended due to the fact that after receiving new housing they will not be able to exercise the right to receive housing in the ownership, which will put them in an unequal position with those who have already moved before the end of the established period.
Orphans are granted such a right to receive occupied housing after the expiration of the contract. is free.

Also, residents of both military towns and those provided by industrial enterprises need to extend the free privatization of housing.

Reasons for non-privatization of housing until 2017

Free privatization in the Russian Federation began in 1992. The process was supposed to end in 2007, however. Earlier, Russian Prime Minister Dmitry Medvedev said that privatization cannot be extended indefinitely. In support of this statement, arguments were made that this process takes a very long time and those who wanted to arrange housing the property has already done this.

In addition, according to statistics, almost the entire housing stock subject to privatization has already been registered in the ownership of citizens (according to the Ministry of Construction and Housing and Communal Services of the Russian Federation - more than 85%), in connection with which the social fund is not formed. Formation social housing fund impossible to implement, which leads to the postponement of the provision of housing to those persons who are in line to receive it.

Free privatization of residential premises has been going on in the Russian Federation for more than 25 years, but not all citizens, for a number of reasons, managed to register their housing in the ownership. Therefore, the issue of extending free housing ownership is still relevant.

In order to privatize a dwelling, the tenant must submit to the municipality:

extract from the Unified State Register according to form No. 3, where it must be indicated that he does not own other residential premises;
certificate from BTI that earlier he did not participate in privatization.

History of privatization in the Russian Federation

The law on privatization was adopted on July 4, 1991, and it is from this date that the beginning of the free privatization of residential premises is considered. On the basis of this Law, the transfer of housing to the ownership of citizens should have been completed by 2007, but life was constantly making adjustments, so the terms of free privatization were extended several times:

before the beginning of 2010;
before January 1, 2013;
until March 1, 2018.

After March 1, 2018, the state planned to complete privatization for the main group of Russian citizens, leaving the right to receive property only for three categories:

orphans left without parental care;
residents of Crimea and Sevastopol;
persons living in dilapidated and dilapidated housing, recognized as such before 2012.

On February 10, 2018, the Duma adopted final amendments to the Law, according to which privatization became unlimited and free for all citizens of the Russian Federation. On February 22 of the same year, the President of the Russian Federation signed Federal Law No. 14-FZ, which approved all the amendments to the "Law on Privatization ..." adopted by the State Duma.

Also, citizens living in dilapidated and dilapidated housing, after 2021, upon relocation to new dwellings, would lose the right to privatization, which also did not allow them to exercise their right to receive free housing in their property. According to Rosstat, at the beginning of 2018, about a third of residential premises remained in the ownership of municipalities, as the pace of apartment privatization slowed down significantly.

Why privatization of housing has become indefinite

The state adopted these amendments to the Law on Privatization for the following reasons:

A large category of citizens who live in dilapidated or dilapidated houses subject to demolition cannot exercise their right to privatize housing until they are relocated to new apartments.
Queues to receive social housing will also be able to transfer it into ownership after they receive a new one under a social tenancy agreement.
Residents of Crimea and Sevastopol Previously, they could not register their apartments as property, since other laws were in force on the territory of Ukraine, and the urgent and massive transfer of housing to ownership in such a huge territory could create many difficulties in privatization, and, as a result, provoke a corruption component.
Cancellation of free privatization could provoke social tension in the Russian Federation, especially socially unprotected strata of the population of the Russian Federation who do not have the opportunity to get a roof over their heads in their property in any other way.

Experts named another important reason for indefinite privatization: protection from various fraudsters, so-called "black" realtors, unscrupulous relatives, especially in situations when elderly citizens who are poorly versed in Russian legislation live in a residential building.

Since the free privatization had an expiration date, as this date approached, various fraudulent schemes... Unscrupulous citizens entered the tenants of apartment buildings, persuaded them to hurry up with the registration of their property, and offered to help speed up the process for a "reasonable fee."

And since the end date for free registration of residential premises in ownership was inevitably approaching, many tenants fell for the bait of scammers. Now, there is no need to rush to re-register, any tenant can re-register his dwelling into ownership when he considers it necessary to do so.

For the state, the free privatization of residential premises also plays an important role, since with an increase in the number of owners of residential premises, the following occurs:

Expanding the number of taxpayers... All residential property owners are required to pay property tax annually.
Getting rid of unprofitable housing... As you know, all houses tend to wear out, after some time they need major repairs. If the housing is municipal, then this repair is paid by the state in the person of local municipalities, if it is owned by natural person, then all major repairs are paid by the owner.
Financial profit... Although privatization is called free, citizens still bear some expenses. The cost of privatizing residential premises can range from 7 to 20 (and more) thousand rubles.

Many citizens still have not been able to decide what is better for them - to privatize their homes, or continue to live in it under a social tenancy agreement. Everyone must decide for himself what to do. Lawyers give several recommendations:

If your home recognized as dilapidated or emergency and should be resettled, then there is no need to rush to privatization. When such people move home, the owners receive a new dwelling at the rate of “meter by meter”. In other words, what area is in the old apartment, you will get the same in the new one. Tenants living under a social tenancy agreement receive new living quarters according to standards, that is, new housing can be much larger than the old one.
If the family is low-income, then privatization is not desirable. And without that small family budget will become even less, as you have to pay property tax.
If the apartment lives lonely citizen, moreover, of advanced age, and his heirs are not registered, it is better to privatize housing so that relatives inherit it. If the apartment is not privatized, then after the death of a lonely tenant, it is transferred to those on the waiting list; relatives will not have any right to it.
If a single tenant in a municipal dwelling no heirs, then there is no point in privatization, an employer under a social employment contract can already live in it for life.
If you live in a large municipal apartment and you are urgently needed money, you can privatize it, then sell it and buy it cheaper, using the rest of the money for your needs.
If you often admit large debts for housing and communal services, then it is better to privatize housing, since the eviction of the owner for rent arrears is quite difficult, and the eviction of residents of municipal apartments is much easier. But, on the other hand, upon eviction from municipal apartment in return, the tenant is provided with an alternative roof over his head, albeit a smaller one, while the owner is being moved to "nowhere".

So, you live in a municipal dwelling under a social tenancy agreement and still have not decided whether to privatize it. Now you do not need to rush, there is time to weigh the pros and cons of registering a home.

If you decide to take this step, be sure to consult with a competent specialist. Consultation can be obtained on our website online, you can also call the numbers listed below.

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Until what year can an apartment be privatized?

The issues of privatization of housing concern many citizens of our country, who did not manage to register municipal or state housing in their ownership over previous years for various reasons. The State Duma has repeatedly postponed the deadline at the end of this process, so the question of up to what year the privatization of apartments was extended remains relevant today.

Important date postponed

One of the last to be signed by the president was a legislative act, according to which the final date was to be March 1, 2017, but the circumstances in this matter turned out to be in favor of citizens. The privatization period was extended until 2018, but this date was not final either.

It was assumed that after the period of free transfer of state property to citizens is over, the process of transferring apartments at the market value of the apartments will begin. However, in this case, the rights of people living in hazardous housing were infringed. Statistics showed that there were more than three hundred thousand such apartments in the country. It is impossible to force such houses to be privatized by force.

Residents of Crimea also found themselves in an ambiguous situation. During this short period of time, they faced a dilemma, because the privatization of housing in Russia, no matter what year it was completed, could pass them by.

Search for beneficiaries

It was supposed for the majority of Russians to complete the process earlier, and separate categories residents of the country to provide their living space until 2020. This list included the following groups:

orphans;
migrants from emergency apartments;
residents of Crimea;
residents of hostels and military camps.

The rest, at the end of the period, could, if desired, redeem the apartment at the cost indicated in the cadastre. This move did not find a consensus among the parties.

Reasonable compromise

Do not think that the free privatization of the apartment has been extended until 2018. This expression is not true. The Deputy Chairman of the Chamber of Commerce and Industry of Russia substantiated a different solution to the issue. One of the most reasonable ways out of the situation is the introduction of indefinite privatization of apartments.

Reasons for refusing privatization For citizens with a small income, paying real estate tax could be overwhelming. In many ways, this turned out to be a weighty argument. The question of until what year can an apartment be privatized was also relevant for low-income citizens, because it influenced the expense item of a poor family. Although living in a state apartment, it could not be sold, mortgaged, or inherited, a certain category of people deliberately went to the refusal of privatization. Also, utility bills for public housing are often a little lower, there is no need to discount for overhaul. There are also cases of privatization of housing, when a lonely or needy person becomes unable to pay tax on housing. With this option, after the death of the tenant, the apartment remains in the ownership of the state. It should be borne in mind that about 78% of housing in the country has already been privatized by its owners. The state provides 13 categories of Russians with benefits for paying real estate tax, which includes, in addition to pensioners and disabled people, other socially unprotected citizens. Refuse to privatization is often lonely people who have no one to leave their homes as an inheritance. <h2>Difficulties with the exchange of non-privatized housing</h2> One of the strongest arguments in favor of privatizing an apartment is the possibility of exchanging it, since it is your property. A contract of exchange or purchase and sale is drawn up. In this case, it will be necessary to pay the state duty, which is calculated based on the amount specified in the contract. Income tax is paid additionally. <img src='https://i1.wp.com/tvoizakon.ru/wp-content/uploads/images/1/kakogo-goda-prodlena-F6F3A.jpg' align="center" width="100%" loading=lazy loading=lazy> When exchanging non-privatized housing, permission is required from the real owner of the square meters - the local administration. This is done in accordance with the established administrative procedure. However, no state duty or tax is charged, which is a plus. The financial gain can be offset by a narrower choice of housing to exchange. The legislation establishes that the exchange can also be done for non-privatized housing, which is rented under a social rent agreement.

In reality, there are situations with apartments that are not always provided for in regulatory documents... For example, during a divorce, spouses wish to exchange an apartment privatized in marriage. One of the spouses refuses to give the go-ahead for an exchange. If the apartment was not privatized, then the issue would be resolved through the court, when the forced exchange process was initiated through judiciary... This option is not suitable for privatized housing, because it is impossible to force the owner to alienate / acquire property according to the law.

Subtleties of free privatization

Citizens living in a municipal or state apartment independently decide whether the privatized housing will have one owner or several. At the next stage, we obtain consent or a notarized refusal from the registered persons. After finding a consensus, it will be preferable to issue a power of attorney for one representative with a notary for collecting and processing documents. Any service has up-to-date letterheads for power of attorney.

It is worth considering that minor children take part in the process as applicants for housing on equal terms with adults.

The privatization process implies the availability and execution of a package of documents. Usually it is divided into two parts. The first includes personal papers and their certified copies from applicants, and the second - information about the property.

Various identity cards: passports for those who must receive them on time, birth certificates for minors. You will also need death certificates or marriage certificates for those who took part in the social loan agreement.
In the Bureau technical inventory it will be necessary to take a certificate stating that previously citizens did not use the right of free privatization of housing. Certificate form No. 2, it is advisable to order it in advance.
If earlier the parties to the social employment contract were minors, persons under 18 years old, later they were discharged, then they can also take part in privatization. In their case, documents are prepared from the guardianship authorities.
Extracts from house books from the previous and new places of residence for minors or persons registered in the apartment after 07/01/1991 will be required.
You will need a document, Extract from the Unified State Register of Legal Entities No. 3, according to which the rights to housing are established. It is prepared for every citizen who takes part in the process.
Citizens registered in privatized apartment, have the right to waive the right to privatize. This fact must be documented and documented by a notary.

It is necessary to prepare an order that was issued for an apartment or a social loan agreement is provided.
A confirmation extract is provided from the house book, which indicates the data of citizens registered as of the current date.
We order an extract from Rosreestr or the MFC about which rights are registered to the apartment. It is paid, so you need to prepare 200 rubles for a paper copy. IN in electronic format it will cost 150 rubles. The term of its receipt should not exceed 5 days, and its relevance remains within a month.
We prepare a technical and cadastral passport. They contain information from floor plan, designated area, existing layout, etc.
We provide a personal account for housing and a document confirming the absence of rent arrears. If you have debts, we recommend paying them off.

In individual cases government bodies have the right to request additional documents not listed in the lists provided. It is worth stocking up on photocopies of them to speed up the procedure. We order the missing cadastral or technical passport at the BTI located at the place of registration of housing.

If an incomplete package of documents is provided or are damaged, then municipal organizations have full right do not take them into consideration. In this case, a refusal is prepared on the following grounds:

The applicant concealed that he managed to use the right of free privatization.
The application was drawn up without taking into account the requirements of the Administrative Regulations.
The real estate object is not subject to privatization in accordance with the current legislation of the Russian Federation.

Correctly prepared documents are sent to the Housing Department, the head of the real estate of the given area (for different settlements the name of the government agency may differ). During the time established by law, two months, the documents are considered.

If the outcome is positive and all the certificates are available, citizens will receive a privatization agreement. It is necessary to contact Rosreestr with him in order to register the rights to real estate. Employees issue an extract from the USRR.

Important! Since July 2016, a law has come into force abolishing the issuance of a Certificate of Title. It is replaced by an extract from the Unified State Register.

Until what year is the privatization of apartments extended With the transition to a market economy, the government of the Russian Federation has decided to grant citizens the right to register municipal or public housing in their ownership. Free privatization began in 1992. Millions of our compatriots have used the right to privatize apartments, rooms, country houses, and other living quarters. Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how FREE to solve exactly your problem- contact a consultant: It's fast and is free! <img src='https://i0.wp.com/tvoizakon.ru/wp-content/uploads/images/1/kakogo-goda-prodlena-7A0687.jpg' align="center" width="100%" loading=lazy loading=lazy> But a significant part of real estate, its share is about 15% of the total housing stock, has not yet been privatized.

This happens for various reasons:

some citizens live in apartments recognized as emergency, where privatization of housing is prohibited at the legislative level;
the population of the Far North regions shows low activity in privatization, planning to relocate to warmer federal districts;
Many problems with the execution of documentation arose among the residents of Crimea, after its annexation to the Russian Federation in 2014.

These and other factors that prevent citizens from exercising their right to register their housing in ownership have repeatedly led to the fact that the authorities postponed the deadline for the completion of the privatization process. The free privatization of housing was last extended until March 1, 2018.

Law on indefinite privatization passed

The deputies were supposed to consider the question of whether the privatization of apartments and other real estate in Russia would end throughout 2017.But on the initiative of the President of the Russian Federation, Vladimir Putin, the issue was resolved radically and in a different way. The presidential apparatus introduced a legislative initiative that regulated the extension of privatization without limiting it by the end date. In fact, the term for the privatization of an apartment and other living space, according to this bill, ceased to be limited.

The president's proposal found wide support in the State Duma of the Russian Federation. Several factions immediately approved this initiative. Its official approval took place on February 22, 2017 in the form of Federal Law RF № 14-FZ "On the recognition of some provisions of legislative acts of the Russian Federation invalid." The document contains norms that cancel the effect of Federal Law No. 33 of 02/29/2016, which set the deadline for registration of an apartment and other housing in the ownership. Thus, the deputies canceled the previous normative act extending the privatization period until 03/01/2018, the law was signed by the president and officially entered into force.

The extension of privatization and the actual cancellation of the deadline for its registration have defused the situation in society and reduced the excitement around the possible completion of the privatization process in the country. All categories of citizens have the right to privatize an apartment or part of it, a private house and other housing. Real estate objects can now be registered in ownership for an arbitrarily long period of time, the period of privatization of housing is not limited.

Modern the legislative framework The Russian Federation makes inappropriate questions: until what year has the free opportunity for the privatization of municipal housing extended, whether the term expires when it is possible to register real estate in ownership, this or next year, etc. The initiative of the country's leadership to abolish the temporary restriction of the privatization process in Russia became a timely and necessary decision.

Advantages and disadvantages of privatized housing

For citizens who have used the right to register an apartment in ownership, there are a number of factors that give them an advantage over tenants of municipal housing. Such individuals become full-fledged owners of living space and can use all the rights of an apartment owner:

issue a deed of gift;
rent out living space;
redevelop living quarters;
get a loan secured by a living space in a bank;
to bequeath the property by inheritance;
exchange a dwelling for another, etc .;
have the opportunity to use the address of residence as a registration for a legal entity;
sell housing.

Together with the rights of owners of residential premises, citizens who have privatized municipal or state housing receive obligations, such as:

timely payment of property tax;
making contributions for the overhaul of the building.

It is beneficial for the state to transfer apartments of the municipal housing stock to the ownership of citizens. Thus, the budgetary burden on the maintenance of apartment buildings is reduced, the costs of it are shifted onto the shoulders of new homeowners.

Which housing cannot be privatized

Not every living space can be privatized in our country. The state has set a number of restrictions on the privatization of housing. So it is impossible to register the living space as property if it:

is in housing stock closed military cities;
was introduced official according to his official position;
located in emergency house to be demolished;
is a museum apartment;
located on the territory of nature conservation or protected areas;
is an part of dorms (for rooms).

For the last point, it is possible to make an exception. The law establishes that the final decision on the possibility of transferring residential premises located in departmental or factory dormitories is made directly by such departments and enterprises themselves.

Who and how many times can participate in privatization

All citizens of the Russian Federation who live at the place of residence in accordance with the social tenancy agreement can exercise their right to register an apartment or other living space in legal ownership. The building itself, where the privatized housing is located, must be included in the municipal or state housing stock.

An apartment can be privatized only once, but there are a number of exceptions in this matter. Some categories of citizens can take part in the privatization of an apartment again, these include:

Persons who have reached the age of majority. Citizens who have turned eighteen are allowed to re-register property in ownership, even if the living space has already been privatized by them earlier.
Residents Far north and the former Soviet republics, subject to their move to Russia (or its warmer regions). Such citizens must carry out the procedure for privatization, i.e. to give up the ownership of the apartment, registered earlier at the place of residence (if they have already registered the property in ownership).
Citizens of Russia who have lost their privatized living space due to the occurrence and operation of force majeure circumstances. Such force majeure factors include man-made and natural disasters, other disasters, destruction of houses due to terrorist acts, etc.
Persons whose ownership of the privatized apartment was canceled by a court decision. In fact, they are considered not to have used their right to privatization, so they can register the property again.

List of documents

To privatize an apartment without problems, you need to take care of the collection in advance required package documents:

obtain from the housing office a certificate in form 3 (on the number of registered tenants);
put in order technical documentation for an apartment (issued in the housing office);
issue an application for consent to privatization, which is signed in the presence of the head of the housing maintenance office;
prepare passports of adults and birth certificates of children;
get a certificate from the housing office at the place of your former residence, confirming that you have not exercised your right to privatization at your former address;
get an extract from the unified state register of rights to real estate;
have on hand a receipt or a receipt confirming the payment of the state duty.

A certificate of the absence of privatization actions at the place of the previous registration is required only when the registration address changed later than 01.01.1993. If the change of registration took place before this date, this document is not needed.

When the above papers are in your hands, you can begin the process of re-registering the ownership of municipal housing. To do this, you need to go to the nearest multifunctional public service center, submit documents and write a corresponding application. The inspector will examine the submitted papers, after which he will announce the date of the meeting of the commission on the privatization of your apartment. In the course of its implementation, a collegial decision is made on the possibility or impossibility of transferring this living space into the ownership of the applicant. If your application is approved, you will need to issue a certificate. With a permit issued by the housing committee, you go to the state registrar, which issues a certificate of ownership of the apartment.

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The information on the site is provided for informational purposes only. Please consult with a lawyer before making any decision.