Lady privatization of housing after March 1, 2017 is one of the main topics of the year. The free privatization of housing has been extended several times, and each time it was said that the new extension is the last, and people should hurry with the privatization of their apartments if they didn't do it. Will the privatization of the indefinite, what are the latest news on this matter.
On perpetual privatization of housing after March 1
The bill on the indefinite privatization of housing was without problems considered by the State Duma in all three necessary readings, and today it is actually ready for February 15, the Federation Council approved it, the case signed by the president. Considering the fact that the president earlier spoken about the idea of \u200b\u200ban indefinite free privatization of apartments and the fact that without its approval bills do not pass through the Duma and the Federation Council at such a speed, with what a bill on free privatization passed, it seems that the final presidential signature is solved . Thus, the answer to the question that still worries very many, whether the privatization of the perpetual will definitely be affirmative.
At the moment, about half a million units of housing are still not privatized, of which 300 thousand are in emergency condition, and it is precisely this - the Beach of free privatization of all twenty years that it is carried out. Considering what to take advantage of their right to privatize housing, a citizen of Russia can only once for life, there is no point in privatizing emergency and dilapidated housing before the settlement of such houses occurs. And to settle these houses, the state does not have money - everything goes to other, more important and necessary goals, such as the next war on the other end of the planet.
On March 1, 2017, there was another last time when free privatization of housing was completed, and residents of the old houses could actually stay overboard this program. The same applies to those who still have not privatized their housing due to family differences or simply due to their own frivolity. Insurgent privatization of housing after March 1, 2017 will save many people from a nerve and add at least a bit of some confidence in tomorrow.
For the state, such a measure is also not so bad - the unsuccessful apartments belong to him formally, but the budget does not receive real estate taxes and spends funds to contribute to overhaul and other payments that the owner is obliged to contribute. Over time, this burden will be removed from the state and is assigned to tenants.
Pros for ordinary people are also obvious. Of course, you can continue to stay in the state apartment, but, without having a property rights, it is impossible to sell it nor exchange, and most importantly - you can not bequeathing it and inherited. From this point of view, payments for overhaul and taxes, of course, become a new burden, but still they are not so great against the background of the advantages that the new owner receives.
We also recall that in 2017 there is a new one, according to which the owner can refuse the apartment and return it to the state, which will relieve it from certain burdens. It is only necessary to take into account that there will be no second chance to privatize the apartment, and this step must be fully aware and thought out.
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.
According to statistical data, for the period up to 2014, about 80% of housing was privatized in Russia. Free privatization of housing every year extended for one year.
In 2017, in the Government of the Russian Federation proposed the privatization of housing to make an indefinite. Initially, the privatization of housing wanted to extend only for residents of the Crimea and servicemen, but after long discussions, it was decided to extend privatization indefinitely for all citizens of Russia. And now, February 22, 2017, the President of the Russian Federation signed amendments to the Law on the Enactment of the Housing Code of the Russian Federation, which allow you to continually extend the program of free privatization of housing for Russian citizens.
What documents are needed
A complete list of documents necessary for the privatization of the municipal apartment is established both by federal legislation and local laws. Below we present an exemplary list of documents required for privatization. The following documents are applied to the applications for the privatization of the apartment:
- passports of all residents without exception that will take part in privatization;
- technical and cadastral passports on the apartment;
- a social hiring agreement or an order for the Institution to the specified apartment;
- extract from the house book about all the faces prescribed in the apartment;
- extract from the personal account of the absence of debt on utility payments;
- certificate that a citizen who wants to participate in privatization has not previously participated in privatization;
- power of attorney (in the event that the privatization of the apartment will be engaged in one member of the family or representative).
Where documents are served on the privatization of housing
After the meeting of the full package of documents for the privatization of the apartment, it is necessary to contact the Department of Housing Management Administration of the Municipality. In Moscow, documents can be submitted to the center of the civil service "My Documents".
If all the documents are in order, then the staff of the local administration is a privatization agreement. Failure to privatization can be challenged in court.
After the agreement is drawn up, the citizen can safely go to the Rosreestra department and register the ownership of housing in a single state register of rights to real estate and transactions with it. This privatization ends.
Pros and cons of privatization
The main minus can be considered an increase in costs of housing. Such expenses include annual property tax and an increase in utility bills (a sum of the maintenance of common areas and costs of housing also appears in the column.
The main advantage believes that after privatization, a citizen becomes the owner of the apartment. He has the right to fully dispose of it - the apartment can be sold, change, give or leave inheritance. Also, the owner appears the opportunity to register any person to his apartment.
Those citizens who have already taken advantage of their right to privatize the apartment have the right to make reprivatization or other words to abandon the property to housing.
Having learned all the pros and cons of privatized housing, you can already decide whether to take advantage of the perpetual privatization of housing or not.
Insurance privatization, which was so much spoken in the past six months, became a reality. The President signed a law that does not limit the timing of real estate registration.
When should privatization be completed?
Even until mid-February, the Russians believed that the perpetual privatization of housing will end on March 1, 2017. It was assumed to extend to 2020 only selectively:
for residents of Crimea and Sevastopol;
for those who expect resettlement from emergency housing;
for orphans.
However, on February 22, Vladimir Putin signed a federal law on perpetual privatization of housing, which cancels previously established deadlines.
Despite the fact that the government and ordinary citizens have repeatedly emphasized the need to not limit the "share" of a specific date, the opinion of its completion sounded persistently. Opponents of infinite extension resonantly rejected the argument "did not have time!", Paying attention to the fact that 25 years is enough to solve any problems.
According to the extension, "Volokita" prevents the development of a full-fledged rental and social housing market in the country. Its completion would also help reduce the number of those who are in line for the receipt of the apartment.
Privatization in Russia
Before the restructuring, the law did not assume private property, so even personal houses could not sell freely. Only in 1990, the procedure was launched in part, and on July 4, 1991, Boris Yeltsin signed the law "On the privatization of the Housing Fund in the RSFSR", according to which free transfer or sale on a voluntary basis of residential premises in a federal or city housing department was allowed.
On December 23, 1992, the law received the new name "On the privatization of the Housing Fund in the Russian Federation". It also acts to today, but with some adjustments. According to its main positions, housing is owned:
with the consent of all living in the premises;
in the absence of debts on receipts for housing and communal services;
if the living space is not in the emergency house and does not belong to the service (hostel, apartments in closed Vilitary, etc.).
Procedure for registration of ownership of voluntary. If the tenants have no desire to become the owner of the premises, then they live in it in a indefinite agreement, which signed with the municipality or other owner of the premises.
Sociality does not allow to dispose of real estate at its discretion. It can not be sold or rent. Although in the abandonment of property design, there are advantages - it does not have to pay real estate tax and pay bills for overhaul.
On a note! The law is allowed inverse process - deprivatization, when the owner refuses the right of full possession and disposal of property and again concludes a contract of social.
Privatize calmly!
Russians, from now on, does not care if the privatization of housing is perpetual - fresh news has relief from the hassle of those who for some reason did not have time to arrange property.
The law on perpetual privatization was approved by the Council on February 15, 2017, and entered into force from the moment of official publication - February 22. Previously, the decision that free privatization of housing will be indefinite to be unanimously supported by the State Duma deputies, despite the fact that the first reading for certain categories of the population was held. The deputies talked with voters and concluded that it was impossible to deprive Russians the ability to arrange apartments, houses and land in property.
Recall that after the entry into force of the Housing Code (1.03.2005), the transfer of housing in private hands was planned to be canceled in 2007, and then the finish was moved out another 5 times. The head of state, Vladimir Putin, has repeatedly emphasized the importance of refusing to specific terms, paying attention to what the permanent privatization means for citizens. In the penultimate time, he postponed its completion on 02.02.2017, and in February suggested to make privatization universal, free, indefinite.
On a note! Although the possibility of issuing real estate was provided to the Russians repeatedly, only 78% of housing were translated into the property in apartment buildings.
The refusal of any deadlines will remove the tension and will help with time to solve problems with housing to many Russians, and not only the above categories. As the social skins show, many cannot issue housing not because of laziness, but because of the desire to save on payments or inability to persuade one of the relatives living in the apartment.
Free privatization of housing on the territory of the Russian Federation was to stop 03/01/2017, but the question was so ambiguous that it was not easy to foresee the result. Since it was more than once to stop privatization, it was about the extension of such an opportunity until 2020, and then only for some categories of citizens (immigrants, orphans). However, after he had a rumor that privatization wants to make indefinite. In fact, it turned out not hearing, and the initiators of such a decision were citizens who appealed to deputies with the appropriate request. Thus, at the next meeting of the State Duma in February, the draft law was adopted and approved, according to which universal free privatization will be extended indefinitely.
Despite the fact that the right to privatize municipal real estate among the Russians arose in 1992, to date, not the entire residential fund was still transferred to private property. There are plenty of reasons for this, but most often do not hurry to take advantage of the possibility of free privatization of single and older citizens who are more profitable to use social living space.
The significance of the decision taken
Recently, citizens who did not use their right to transfer municipal housing to the property, another reason appeared not to hurry - the introduction of property tax for individuals. That is, every owner of the apartment, a private house, any other housing or his share now is obliged to pay tax on this property. In addition, every year the percentage of tax is growing twenty percent. Approximately this growth should stop by 2020. It became for the state one of the reasons to make the privatization of housing perpetual.
Amendments about perpetual privatization give Russians enough time to think about all the advantages and disadvantages of this procedure to decide whether it is necessary to do this. Despite the obligation to pay a tax on a privatized residential facility, the translation of housing with personal property gives many opportunities:
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Since after March 1, 2017, there was a chance that free privatization of housing will make an indefinite new bill, many have concealed with the procedure. This means that municipal real estate can really be issued in perpetual use.
Relevance of renewal
After making a decision on perpetual privatization, a concomitant issue arose - the rules, conditions and procedure for re-issuing state ownership of personal ownership have changed. At this stage it is worth answering that no changes occurred. Since no one will extend anything now, the population can breathe calmly and not make a decision of the horses.
It should be reminded that the permanent privatization is not limited to housing, since it is impossible to forget about the use of municipal land. Only those citizens who did not participate earlier in privatization can take advantage of the procedure for re-issuing rights (meaning the capacitive age after eighteen years). In addition, residents living in a municipal apartment, but not registered on an ongoing basis, claim this property have no right and can be evicted at any time.
Accordingly, if anyone from the living citizens is not interested in privatization and in the fact that it was done indefinite, he can officially refuse to participate in the design, without losing the right to use housing or transferring its share to other participants.
Standard decoration
The indefinite extension of privatization today has not affected the standard phased procedure for its design. As before, the tenants have the right to issue in personal property, both the living area and its part. To speed up the procedure and reducing the risk of conflict after, it makes sense to use the services of a notary to assure an agreement and failure to participate in privatization. Also, not to use and not take away the time at all at once, you can arrange a power of attorney for one person in the notarial office, which on behalf of the rest will be engaged in this process if any of the participants want to control everything further.
After resolving the issue between participants, you need to prepare the necessary documents. In each individual case, the list will be different.
Standard list of required papers:
Fighting objections
When it became known that the privatization of municipal housing will become an indefinite, some citizens, being opponents of this, were excited. These are mainly persons living in an apartment or a private house independently, but with other residents, often even relatives. Such people in every way prevent the transfer of real estate from the Municipal Fund to Property, but their desires mean little, if we are not talking about one-bedroom apartments.
If you delve into the question a little, then the privatization of the share of housing is possible, it is practically no sense to become an aggressive confrontation. Each permanent tenant can re-re-possess its room and commensurate the share of public premises, despite the protests of neighbors. This is absolutely legal, just like the partial privatization of the Earth, if the land plot allows it in the area.
In particularly difficult situations, conflicts should be addressed through the court where it is necessary to contact only after the plaintiff will collect the highest possible package of documents and testimony to defend its point of view and requirements.
