Types of point-expanding documents for an apartment. Share Privatization Apartment Design of residential premises to the ownership of citizens

If you decide to conduct shared privatization, then this case Each residence will have its own share in the apartment. If the spouses are divorced or by donation, they do not need to divide the share in judicial order, it is very convenient.

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Therefore, it is better to immediately decide on the equity parts of each family member. It is also much easier to privatize the apartment in shares to avoid problems and disputes who have the right to dispose of the apartment, and who is not.

In this case, it is not necessary to obtain the consent of all owners of the apartment, they just need to notify them that you conclude a civil deal according to your share, whether sale or donation.

The priority right of buying a share naturally has co-owners, but if they refused - to sell their share with any citizen.

If you, as the owner of the share, not notify the decision of the co-owners, they can recognize the perfect transaction in court in court.

Often, problems and difficulties may arise when selling a share with which the owners are most often found. In order to avoid such cases, it is better to seek help for notary.

What it is?

Share privatization provides for the transition of the municipal property to the property of the employer who lives with his family on the terms of a social hiring agreement.

When privatizing the apartment is divided into equal shares on each citizen prescribed in the apartment.

Types of ownership of housing

Property can be:

• private (individual and general);
• joint (share and general).

Private property Provides possession of a specific person to certain property. Private property for real estate can be in possession of both individuals and legal entities.

If the property is individual, this means that she has one owner, and the general is considered by indivisible housing of two or more persons.

A common property can be attributed to apartments that are owned by the state or municipal authorities, or the transition of an apartment in the order of inheritance to several persons.

Joint ownership refers general propertyin which the shares are not defined. Joint property It involves the existence of close relationships of its participants, it arises when buying and privatizing the apartment with spouses, in other cases the property will be equity.

General property involves the presence of a share, but their size is not determined, and they are recognized as equal.

In this case, we are talking about the ownership of spouses who bought real estate during marriage (). If the question concerns the division of shares to transfer in the order of inheritance or sale, it is subject to allocation.

If family members live in an apartment that is in dolly ownership, then:

• own and enjoy housing by agreement with all co-owners;
• if there is no agreement, this right will be established in court.

Share privatization of apartment

Share privatization provides for the division of an apartment on equal shares, taking into account the interests of all living in it.

It is also worth considering the interests of the prescribed, because if you break their right and do not highlight them a lot, then:

• the guardianship and guardianship authority will not issue a permit;
• privatization authority will refuse to conduct privatization.

If someone from family members do not want to participate in privatization, then he must write, assure it with a notary. The proportion of this person will share between the others who wish to privatize this housing.

A citizen who has previously accepted participation in privatization may not be a refusal, it must submit documents that will confirm this action.

Is it possible to sell your stake?

Participant of equity privatization may, however, this decision must be said to the other co-owners, who, according to civil law standards, are eligible for the predominant purchase of a share.

Report a decision of the family members should report on one month.

If the sale of a share is carried out by one of the co-owners, then notify the rest of living is not necessary.

Through the court

Conduct shared privatization is possible in court. However, first you must talk to the co-owners and decide on shares.

If the share could not be determined, in this case it is better to divide the apartment on equal shares.

After that, you need to all co-owners:

• refer to the notary;
• create an application for the allocation of shares with the provision of an agreement for the privatization of the apartment.

If the above actions did not led you to a common denominator, then this issue will only solve the court.

In this case, it is necessary to make a claim by explaining the whole situation by attaching:

1. Expanding documents for an apartment.
2. Receipt of payment of state duty.
3. Extract from the house book.
4. Apartment plan from BTI.

After the claim is made, the Court considers the case file and decides on the spinning of the apartment.

Based on the decision subsequently, it is necessary to contact the WEK, so that your utility bills are divided into the number of residents in the family.

Documents confirming ownership

When submitting documents for privatization or to draw up an agreement on the allocation of shares, it is necessary to provide guidelines that will confirm that you really own this real estate.

These documents include:

• treaty purchase (if the apartment was purchased);
• act of receiving real estate;
• dear agreement;
• will.

Pros and cons

Before proceeding with the share privatization of the apartment, the pros and cons must be studied in detail and pay attention to them.

One of the main advantages of this process should be considered the transition of an apartment in your private property.

After that, you can independently use and dispose of the apartment:

• give;
• sell;
• to rent;
• leave as an inheritance.

Also, if you take a loan, then only a privatized apartment can be the subject of a pledge, as is the inheritance to the relative or the person prescribed in the will.

This means that the most privatized apartment for heirs, as well as for business people who need to hold real estate for a loan in the bank.

The only thing that in this case the banks do not agree to the loan, if juvenile children are registered in the apartment.

But this procedure has a number of shortcomings.

So, privatization is not particularly suitable for lonely and the elderly, since they will have to:

• pay real estate tax;
• pay all housing and utilities services.

Therefore, if you have heirs, that is, it makes sense to privatize housing, or there are people who agreed to look after the elderly man.

Those who in old age counts only on themselves, this process will only bother their existence.

Frequently asked Questions

In practice, a number of questions often arise that require detailed explanations. We have prepared answers to the most common of them.

Extract

If a person is discharged from privatized apartment, even when changing the residence and removal from the site of registration, a citizen does not lose its share in a privatized apartment.

In addition, a citizen may be discharged in this case only at his own desire or through the court, because in fact he is one of the co-owners of the apartment.

The owner of the share died

If it happened that the owner of the apartment died, the heirs should turn to the notary to open the hereditary case.

The right-standing documents are called documents that determine who exactly owned by the right of ownership of something (in our case - apartments). These papers may be different: it all depends on how the apartment became the property of the testator. To date, there are more than ten types of title documentation shown in the following table:

Document type	Foundation for receiving an apartment in ownership
Agreement on the transfer of housing to the property	Privatization of apartment
Registered sales contract	Apartment purchase
	Acquisition of an apartment under the Mena Treaty
Registered Dear Treaty	Donation
Registered and certified by the Notary Rental Contract	Acquisition of an apartment under the rent contract
Agreement sharing ownership of the right to hire	Acquisition of the Exchange Apartments
Certified by a notary and registered certificate of inheritance by law (or in will)	Obtaining an apartment inheritance
Certified by the notary and registered certificate of ownership of the share in the total property of spouses	Acquisition of an apartment with spouses on general During marriage
Registered Help Economy Freight Paj	Paying a share in the housing
Registered Participation Agreement	Participation in equity construction
Registered Mena Treaty	Getting an apartment in case of demolition at home
Registered copy of the court decision that has entered into legal force	The court's decision
Agreement on termination of the contract of sale, rent, meals, donations	Termination of contracts of purchase and sale, rent, exchanges, donations

The most "doubtful" lawyer's lawyers consider such a guide document as an account agreement (lifelong content with dependency), which the recipient of the rent at any time can try to terminate. If you are not sure of a person with whom you are going to conclude this agreement, be extremely careful: Consult the lawyer, keep all the documents confirming the fact that you are fulfilling the obligations, the recipient of the rent (checks for medicines, accounts from shops, cash receipts and etc.) x.

As you can see, the right to property of the apartment can be approved by various papers. But in order to take possession of real estate, it is not enough to just bring a guide document. You must also provide a paper notary confirming the legitimacy of the guidelines. We are talking about the corresponding documents.

What is the presence of the attractive documentation?

Since 1998, it is possible to confirm the ownership of an apartment only a record in the USRP - the Unified State Register of Rights. A document certifying that such a record is really available to the USRP, and is called the empathy. Depending on when it was the apartment that she was transferred to anyone (with an appropriate record in the Right Register), there are the following types of specifiers:

• Certificate from BTI.
  It is a valid elimination document in cases where the ownership of an apartment is confirmed, established by 31.01.1998.
• Dwelling certificatewas issued by the Government of Moscow, when privatizing residential premises in the 90s.
• From 01.02.1998. confirmation of the rights to ownership of any real estate is certificate O. state registration rights.

What information is indicated in the certificate of state registration of the right to real estate?

It should be understood that the certificate of state registration of the right to an apartment is not just a certificate, it is a strict reporting document having a high degree of security (at the level valuable papers), number and account. The certificate of state registration of the right indicates the following information:

• Full name, date of birth, place of residence, passport details of the owner of the apartment.
• Information about the facility: Type of real estate (apartment), address, floors, area.
• Cadastral object number.
• Type of registered right.
• The appearance of the title document provided in the Federal Registration Service to confirm the right of ownership: the contract of privatization, donation, sale; Certificate of inheritance rights, etc.
• The encumbrance of registered law, if such was happening at the time of issuing a guide document.

What if you are lost guidelines or eliminating documents?

In the event that you cannot find the right-ending documents on the apartment, they need to be restored. Restoration of documents establishing property rights occurs like this:

• There is an opportunity to order a certificate of copyright holders in Jupiph and there to obtain a duplicate of the transmission contract (if it comes to the right until 1998).
• Also, the owner may receive a re-certificate of state registration of law or a certificate of the content of the guidelines in Rosreestre.

When restoring the attributing papers issued until February 2, 1998, the owner of the apartment with a passport should contact the district department of the Department of Housing Policy and Housing Fund, where he will be given a form of application for a copy of the Certificate or Treaty for the Privatization of the apartment and the receipt for the payment of state duty. After filling out the application and payment of the receipt within 15 business days the owner of the apartment will be issued a certificate with the same information that were in the original certificate.

If the apartment was privatized after 1998, then there is no need to restore a copy of the contract. It is enough to receive a certificate about the content of the right-ending documents in Rosreestre.

To restore the dial-configuration documents on an apartment issued after February 1, 1998, it is necessary to seek repeatedly about state registration of law.

Sometimes the restoration of documents establishing and confirming the right of ownership may be problematic (for example, you will have to go to court, etc.), therefore, if you are not confident in your forces and knowledge of legal subtleties, better contact the specialists who will help you collect All the necessary paper and in the shortest possible time to issue an inheritance for an apartment.

Certificate of registration of the right is an important document confirming the right to own property.

The right-point documents include an apartment purchase and sale agreement, a contract of donation, inheritance, exchange, etc.

The process of state registration of ownership is final and mandatory stage Privatization. This legal procedure draws up permissions permits for residential premises. from municipal and state authorities to citizens Russian Federation. They have the opportunity to place an apartment for both one and several people, that is, use.

In order to register the ownership of the property:

After that, the registrar, checking the information provided, will be able to make a decision on harmony or refusal to register the transfer of ownership.

Decorating residential premises to the property of citizens

Citizens who occupy residential premises of the state and municipal residential foundations Based on social hiring, they have the right to acquire these properties in personal property. The transition of the powers of possession is issued by the privatization agreementTo conclude which you need to collect the following package of documents:

• Passport details (birth certificates) of all registered residents.
• Agreement on social hire.
• Statement of the established sample.
• Extracts from the house book, by.
• Help confirming the absence of its own housing in the participants of the transaction.
• The certificate that the person did not participate in the privatization process.

The transfer of rights to privatized property is subject to mandatory state registration. If accommodation privatized but not decorated Property, a citizen is not recognized by the legal owner of the property.

It is important that the rights to the apartment that arose until January 31, 1998have full legal force without registering.

The obligatory state certificate of powers of the owner of such real estate is held at his personal request (Art. 69 of the Federal Law No. 218-FZ dated July 13, 2015).

Citizen R acquired an apartment in April 1997, in October 2000 decided to sell accommodation, collecting required documents, He together with the buyer went to the local branch Federal Service State registration, cadastre and cartography (Rosreestr). In the design of the transfer of ownership, due to the fact that the privatization agreement was absent stamp confirming the registration of the document.

It is important that the state duty is always paid before the direction of documents For official registration, since without confirming the fact of making a collection, registration will not take place.

Conclusion

State registration of privatized property is a legal process on the basis of which the rights of citizens on the property are recognized and confirmed. Official registration is the only proof existence of registered right (clause 5 of article 1 Federal Law 07/13/2015 No. 218-FZ "On state registration of real estate").

To register, you need to assemble a specific package of documents, comply with the procedure established by law, pay for the duty, send paper to the territorial offices Rosreestra or MFC. Officers The registering authority verifies the information received and according to the result. decisions on refusal or permission In the state registration of rights to the object of real estate.

Question

Failure to accept documents in Rosreestre

My spouse privatized an apartment, after which they sent a statement and package of documents for state registration. To the list necessary information attached an amount in the amount of 2000 rubles as payment state duty.

In the adoption of documents, we were denied, tell me why?

Answer

The fact of payment is confirmed by the payment order, receipt. This contribution is not paid in the separation of registering bodies.

The state duty is subject to payment in banking institutions, in the respective territorial bodies of the Federal Treasury, or in other organizations that carry out the opening and maintenance of accounts.

To date, the list of documents that in obligatory It is necessary to assemble the real estate seller, decreased to a minimum. Nevertheless, these papers, and possibly some other "optional" documents, it is better to prepare in advance.

BN disassembled which papers to have in their hands, which - it is desirable, and which on this moment Not required at all.

Everything is easier simple

The list of documents that must be submitted to the Rosestr to register the transfer of property rights today may consist of only several points.

List of documents for submission for registration in Rosreestr

Application for registration (his form with filling tips is on the official website of Rosreestra)
- Documents certifying the identity of the parties to the transaction (passport)
- Contract of sale of an apartment
- Document on the payment of state duty - bank receipt (by the way, since 2015, the amount of state duty for individuals who do not have benefits, when registering ownership of housing grew to 2 thousand rubles.)

Here, in fact, all documents that will be required to register ownership in the "ideal" situation.

However, in reality, such situations are extremely rare, so the seller in the absolute majority of cases should be taken to receive other documents. Some of them, most likely, will ask for all the same Rosreestr, who reserves the right to request "other documents that, in cases established by law, are necessary for state registration, including to verify the legality of the transaction." And on the presentation of others will insist the buyer (or his agent).

"The number of documents necessary for the seller depends on the features of the transaction and the object itself. List all the papers that may have to be required in a particular situation, it would have to have done for a very long time, "said Catherine Romanenko, Chairman of the Board of the St. Petersburg Chamber of Real Estate.

IMPORTANT

In addition to the documents specified on the Rosreestra website, the recorder may request different other references.

And right you have?

Naturally, in the first place of the buyer, the buyer will be interested in the right-standing documents for an apartment. That is, on the basis of which the seller received ownership of the object.

The most common types of their purchase and sale agreement, transfer to property during privatization, exchange, donation - or inheritance rights. There are such "exotic" guidelines, as judicial decisionIf, precisely as a result of his seller became the owner of the apartment.

Another document, which will probably check the buyer, is a certificate of registration of ownership of Rosreestre. It is worth considering that FZ No. 122 "On registration of rights to real estate And transactions with him "began to act only in 1998, so that a number of owners who have entered into rights before this time (for example, privatized an apartment before) there will be no such document. Moreover, in Russia itself, information about a privatized object may be absent.

If the document on the privatization of the seller in hand, then there will be no special problems, it is not even necessary to receive a certificate of registration certificate - the registering authority will give it to the buyer as a new owner of the apartment. True, in this case, our "ideal" package of documents submitted to Rosreestr will increase at least one point: it will have to include that the most privatization certificate.

The procedure will complicate significantly if this document is lost. Then you have to contact the local governments for duplicate, the design of which may take a month or more.

IMPORTANT

If the privatization document, held until 1998, was lost, then the owner must first engage it with restoration

Family is not opposed

As President of the St. Petersburg Chamber of Real Estate says, Dmitry Scheghelsky, the seller, who is married or consisted at the time of entry into ownership of an apartment, the law obliges notarized the consent of the spouse for the sale of an object into the registration authority. The form of this document can be found on the site of any notary, and the cost of a notary certificate today is a thousand rubles.

However, even if the spouse has never been to the seller, it's still not to avoid a visit: Rosreestr will require a certified statement that at the time of receipt of the right of ownership of the seller in marriage did not consist.

"Obtaining consent from the present or former spouse is worth it in advance. Often the situation when the transaction breaks it precisely because the buyer is not ready to wait until the seller agrees and issue this document, "says Dmitry Shchechelsky.

It is necessary to take into account that a spouse who will give consent will have to personally come to a notary with a passport and a certificate of marriage. Last document At this stage, it is obligatory - the stamp in the passport will not be taken into account.

The consent of the spouse (or the notarized statement above) is not required only in several cases: when the apartment is inherited or as a gift and when the only owner sells privatized property.

Theoretically, it does not need it in the event that the property relations of her husband and wife were regulated by the marital contract, where it was written that the rights to the apartment belong to the current seller. Practically, according to experts, even if there is such a contract, the Rosreestr may require to attach a package not only this document, but also the notorious consent of the spouse.

If the apartments sold partially or fully belongs to a minor, the seller will have to receive permission from the guardianship and guardianship (OOP) authorities of the Ministry of Defense. This document should be issued extremely difficult, and a certificate package, which in turn can request an OOP, sometimes significantly exceeds the volume of all other necessary for the securities. In different branches of the OOP, the requirements differ, so the seller for which this question is relevant, first of all, should be visited in the administration of the municipal district and find out what time it is and under what conditions it can receive this permission.

IMPORTANT

Obtaining a seller notarized consent for sale apartments from a spouse today is needed in most transactions

Demanding buyers

"Since today the buyer does not have to spread out, the sellers are often forced to put up with the need to collect unnecessary papers, on the provision of which the second side of the transaction insists," says Ekaterina Romanenko.

Representatives of Rosreestra do not get tired of reminding that today, when submitting a package of documents for registration, neither an extract from the Unified State Register of Rights (USRP), nor the cadastral passport is required. But at the same time, buyers with a high probability of probability these documents from the seller will be asked.

Since the end of last year, banks, insurance companies And the notaries lost their rights to demand an extract from the USER from the USRP, now they should receive it on their own.

The relevance of such a document by the majority of experts is generally questioned. The extract contains information about all owners of the apartment and existing in relation to real estate encumbrances, but this information is actually relevant only at the time of direct discharge. The document does not give the buyer any guarantees that the seller, for example, did not take a loan on the bail of the apartment immediately after receiving the statement.

Nevertheless, many agents representing the buyer will insist that this statement is shown. Obviously, the closer to the day of the conclusion of the transaction it is obtained, the most uply the information contained in it.

Cadastral passport - much more informative document. It contains general technical information about the apartment, thanks to which the buyer may make sure that the object corresponds to the declared parameters. This document is definitely the best of all.

Another passport on the apartment is a technical containing much more full list Characteristics of the apartment, - according to experts, today they demand infrequently, so it is not necessary to order it in advance.

But the seller will probably have to receive an information certificate "On Registration", the so-called form number 9. It contains information about persons registered in the residential premises.

The Vice-President of the St. Petersburg Real Estate Chamber Naila Bestova warns that if a privatization agreement is a privatization agreement, the Rosreestr will need to be attached to the document package form No. 9 in mandatory. However, its receipt in the passport desk will take quite a bit of time, and given the fact that the certificate validity period is limited, to order this document in advance it is meaningless.

When a visit to the passport table, it will be useless to take and form No. 12 form. This document, in particular, contains data on former prescribed. At its foundation, the buyer will be able to make sure that the apartment that has already become its property will suddenly will not appear (there is no breakdown, serving a sentence in penitentiary institutions, etc.), which has a legal right to live here.

IMPORTANT

Despite the fact that Rosreestr today does not require providing an extract from the USRP and the cadastral passport, these documents will most likely want to see the apartment buyer

Instead of resume

Of course, all of the above does not fully reflect the list of securities that may be required to hold a specific transaction. So, according to Catherine Romanenko, when buying an apartment at the expense bank credit The list of documents will noticeably expand.

If we are talking about the old Foundation and dilapidated homes, then a qualified agent will most likely ask the buyer to provide a certificate of the technical condition of the building, which Pib gives, notes Dmitry Shchechelsky. The certificate is needed in order to find out the factor of the factor of the object, the presence in the building that reduces the price of factors, such as wooden floors.

"And if the seller is old man, with a high probability, the buyer will ask him to submit a certificate from the psychoneurological dispensary to progress in case of attempts to declare the deal invalid due to the incompleteness of the counterparty, "says Naila Berestovaya.

Help BN.

Approximate list of documents that are often required by the seller

- a guide document on an apartment (sales contract, transfer to property during privatization, exchange, donation, etc.)

- Certificate of registration of ownership of Rosreestre

- notarized the consent of the spouse for the sale of an object or a certified statement that at the time of receipt of the right of ownership the seller in marriage did not

- permission from custody and guardianship authorities, if the apartment sold partially or fully belongs to a minor

- Extract from the Unified State Register of Rights (USRP)

- Cadastral passport

- Information certificate "On registration" (form No. 9) and form number 12

According to experts, if the seller understands that his situation is complicated by anything, it makes sense to pre-consult with a specialist who will definitely tell you exactly what documents will be required for the transaction.

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