At the meeting of the Moscow City Duma, deputies took note of the protest of the city prosecutor’s office regarding certain provisions of the capital’s law “On ensuring the right of Moscow residents to residential premises” that do not comply with the norms of federal legislation.

Recently, increasingly, the positions and wording of city laws have been brought into line with the provisions of the Housing Code of the Russian Federation - this is required by Russian legislation. However, the use of articles of a federal-level document does not always help in resolving housing issues. That is why the subjects of the Federation are trying to clarify and specify the mechanisms for implementing the provisions of the code in their legislative acts. Thus, Moscow Law No. 29 “On ensuring the right of residents of the city of Moscow to residential premises” stipulates in detail the conditions and procedure for registering Muscovites to improve their living conditions, the rules and regulations for providing the coveted quadrature. And of course, all these provisions, and especially their application in practice, have their own specifics.

In this case, the comments of the prosecutor's office are related to the Moscow method of providing long-awaited apartments to those on the waiting list in need of improved housing conditions. In particular, we are talking about one of the formulations about the procedure for deregistering them.

And here there is an established practice applied by divisions of the city department of housing policy and housing stock of Moscow (DZhP and ZhF). An applicant for housing is given an “inspection card” for a specific living space in order of priority. He has the right to agree with the proposed option or refuse it.

This procedure can be repeated three times. And if the person on the waiting list refuses the apartment for the third time, then he will automatically be included in next year’s list. And this is understandable, because by focusing on one applicant, you can create a “traffic jam” in the queue. Next year he is offered new housing options, taking into account housing standards, but no more than twice.

According to Ekaterina Radchenko, deputy head of the housing policy department of the housing policy of housing society and housing society, every year Moscow provides municipal housing to 14 thousand families on the waiting list. Last year, about a hundred families refused to receive the offered apartment. Of course, they will be offered new housing options this year, but only twice. If the refusal saga drags on, such people on the waiting list will be removed from the register.

The Moscow prosecutor's office saw in this system a number of contradictions that infringed on the rights of citizens, and it was this position that served as the reason for the prosecutor's protest. When considering this legal conflict at a meeting of the Moscow City Duma Commission on Legislation, it turned out that some of the wording of Moscow Law No. 29 actually gives rise to ambiguous interpretations. In particular, the prosecutor's office, having stood up for the rights of citizens, noticed that representatives of the city housing department were depriving picky people on the waiting list of this status without providing them with housing.

But in reality, the process of providing housing in the capital on a first-come, first-served basis is more complicated, and the final refusal of the person on the waiting list from the housing provided, but not meeting his requirements, does not mean at all that in the end he is left without an apartment. By order of the district prefect, he is allocated the last of the proposed housing options, and only then is he removed from the housing register. But sometimes the “new resident” never moves into a new apartment, but writes letters to higher authorities and goes to court.

The Moscow prosecutor's office insisted on changing the norms of the city law (clause 7, part 1, article 15) in accordance with the provisions of the Housing Code of the Russian Federation, but representatives of the housing policy department convinced its representatives and deputies of the need to maintain these positions with subsequent refinement of the wording. These issues were discussed in detail at the Moscow City Duma commission on legislation.

And as a result, at a meeting of the Moscow City Duma, the capital’s deputies unanimously decided to take note of the prosecutor’s protest and in the near future adjust the discussed wording of the law “On ensuring the right of Moscow residents to residential premises” in order to avoid ambiguous interpretations. After all, any regional law relating to the housing issue must clearly and in detail spell out all its norms and enforcement mechanisms.

Chairman of the Moscow City Duma Vladimir Platonov, who took an active part in the discussion of this topic at a meeting of the legislation commission, believes that Moscow deputies should think about how to come up with a legislative initiative to supplement and finalize some positions of the Housing Code of the Russian Federation. It is obvious that the main nature of the proposed changes will be related to proposals to expand the powers of the regions to resolve housing issues.

This act establishes that A citizen can purchase and register ownership of an apartment for free only once in his life.

However, there is an exception to this rule, which is directly established by the second paragraph of the same article. It says the following: if children become homeowners as a result of privatization, then after they turn 18 they can participate in this procedure again. Obviously, the legislator took into account that minors in such matters do not act themselves, but through representatives.

IMPORTANT! Refusal to privatize minors is not allowed: this is possible only with the consent of local guardianship authorities, but guardianship in practice does not give its consent to this in any cases, quite reasonably assuming the possibility of abuse by parents.

Watch a video about participation in the privatization of children's housing:

Adult, if the person has already participated

Is it possible to participate in privatization if you already own housing and how many times in different apartments? However, the one-time rule also applies to children: repeated right to participate in privatization for them, Art. 11 of the Law allows only after adulthood. Remaining children, they cannot privatize the apartment again. Thus, they need to become adults to try to privatize another apartment.

Article 11 of the Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation”

Every citizen has the right to acquire ownership free of charge, through privatization, of residential premises in the state and municipal housing stock for social use once.

Minors who have become the owners of occupied residential premises in the manner of its privatization retain the right to a one-time free privatization of residential premises in the state or municipal housing stock after they reach the age of majority.

Regarding whether privatization is allowed for persons who already own other apartments, the law says the following:

Persons using an apartment under a social tenancy agreement have the right to privatize (Article 2 of Law No. 1541-1).
Conclusion of a social tenancy agreement under Art. 60 of the Housing Code of the Russian Federation and the moving of family members into a municipal apartment (Article 70 of the Housing Code of the Russian Federation) does not relate to whether they own other housing or not.
Art. 213 of the Civil Code of the Russian Federation does not limit citizens in the amount of property or its value, unless there is a special indication in the legislation (as, for example, in the case of agricultural land: one person cannot own more than 10% of the fields in the area). There are no such restrictions regarding housing.

It turns out that anyone can move into an apartment under a social tenancy agreement and thereby obtain the right to participate in privatization, even if they already own another home.

Nuances

Thus, one could come to the conclusion that you can participate in privatization a maximum of two times: once as a child, the second time as an adult. However, it's not that simple.

The point is that Law No. 1541-1 talks about privatization - but only free of charge. But in addition to this law, Russia also has the Federal Law “On the Privatization of State and Municipal Property” No. 178-FZ. According to Art. 2 of this law, property in state or municipal ownership can be transferred for compensation to buyers - including individuals.

Among the property transferred in one of the ways provided for in Art. 13 of this Federal Law may also include residential premises. And the law does not set any restrictions on the number of acts of such privatization. However, privatization in accordance with No. 178-FZ has its limitations:

The apartment can only be transferred for a fee (Article 2).
Methods of sale are strictly limited by Art. 13 of this law. Most often, an apartment has to be purchased at auction.

Terms

Thus privatization of a second apartment is permissible by law, but its conditions will vary:

For citizens who participated for the first time in childhood, the second procedure will be free. You will only have to pay a fee for registering the right and preparing some documents (powers of attorney, some certificates, etc.).
For those who, as an adult, have exercised their right to privatize housing or have given a notarized refusal from it, it is possible to acquire ownership of municipal housing only by purchasing it. There can no longer be talk of any free receipt here.

Cost in Russia

Is there a fee for the second privatization and the cost of re-privatization? If the apartment is privatized for the second time according to Law No. 1541-1, the acquisition itself will be free. You only have to pay:

The state duty when registering in the Unified State Register through Rosreestr or the MFC is 2,000 rubles (Article 333.33 of the Tax Code of the Russian Federation).
Registration of a power of attorney if privatization will be carried out through a representative. According to the instructions of the Federal Notary Chamber, the cost of notary services varies depending on the region, but on average it will be from 1,700 to 2,500 rubles.
Preparation of extracts from the house register, obtaining a copy of the order (if the original has not been preserved) and other documents. Prices here depend on local regulations, but in general they are at least 3 – 5 thousand rubles.
If, for speed and accuracy of registration, a citizen decides to use the services of a lawyer or real estate company, he will have to pay for them too. Prices here vary greatly depending on the region and the level of the company, but usually amount to at least 10 thousand rubles.

In the same case, when the right to free privatization has already been used, the price of the apartment is determined in accordance with Art. 12 of Law No. 178-FZ. According to its standards, the price will be determined by an expert appraiser.

Article 12 of the Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property.” Determining the price of state or municipal property subject to privatization

The initial price of state or municipal property subject to privatization is established in the cases provided for by this Federal Law, in accordance with the legislation of the Russian Federation regulating valuation activities, provided that from the date of drawing up the report on the assessment of the valuation object to the day of posting on the official website on the Internet » information message about the sale of state or municipal property has passed no more than six months.

Taking into account the norms of Art. 13 of the same law on the procedure for selling municipal property at auction or in another way, the buyer will have to pay the full market price. The best way to find out is to look at city advertisements and see how much a similar apartment in the same area is offered for sale for.

Watch a video about the cost of privatization:

How to do it again?

If a citizen previously participated in privatization as a child, the participation procedure is standard:

In the same case, if privatization is carried out for a fee by purchasing an apartment from the municipality, you should be guided by the norms of Law No. 178-FZ. Typically the order is as follows:

It is necessary to register as a bidder, submit an application and attach the necessary set of documents to it.
You need to make a deposit (for example, when selling municipal apartments in Moscow it is 2% of the starting auction price).
Go through the auction and win it by offering the most favorable price.
Conclude an agreement for the purchase and sale of an apartment.
Register ownership of the apartment in the manner described above.

Watch the video about re-privatization:

If the housing was returned to municipal ownership

In addition to privatization, the law also allows for “deprivatization,” that is, the procedure for returning an apartment to municipal or state ownership. This is possible in two cases:

The procedure was carried out with violations and was declared illegal through the court.
The new owner voluntarily returned the apartment to the municipality.

The second option is extremely rare, but the first happens often, since citizens are often extremely careless about collecting and processing documents, and municipal authorities do not always check them. However, the result is the same: as a result, the apartment, which has become private, returns to municipal ownership. After that It is possible to use housing in accordance with Articles -91 of the Housing Code of the Russian Federation only on the basis of a social tenancy agreement. And many citizens are concerned about the question: is it possible to privatize the apartment again after this procedure?

The first thing that needs to be said here is that it is possible to buy out municipal property. There are no restrictions here other than the privatization plan adopted in a particular city. Accordingly, citizens who received housing ownership for free and then returned it to the municipality can buy it back at any time if this apartment is included in the property going up for auction. However, you will have to buy at the market price, bargaining with other auction participants.

The issue of free privatization is more complicated. The same person who has already privatized an apartment as an adult will not be able to transfer it back to himself for free under any circumstances - the law directly prohibits this. Thus, if a citizen voluntarily returned his apartment to local government, he will not be able to privatize it again.

However, if the apartment was privatized, but the results of this process were canceled through the court, everything is different: in this case, the right to free privatization is “reset” and can be used again. In this situation, it is enough to collect the correct package of documents, correct any violations, and you can submit the application again.

REFERENCE! Such privatization will not be considered repeated: since the results of the first were cancelled, it means the citizen did not exercise his right.

Conclusion

We can conclude: re-privatization, although it is quite permissible by law. Moreover, if the results of privatization actions were canceled by the court, a second attempt will not be considered a new privatization - and therefore the procedure itself will be free of charge.

There are a number of questions: Who has the right to privatize housing? Is it possible to privatize an apartment if you have already participated in privatization?

How many times can you participate in the privatization of an apartment? How many apartments can one person privatize? We'll help you figure it out.

The regulations for the procedure are set out in the Law of the Russian Federation “On the privatization of housing stock” No. 1541-1 dated July 4, 1991, as amended. from 11.06.08

Every citizen of the Russian Federation can participate in the process once. Who has the right to privatize an apartment again, in the privatization of two apartments?

The exception is minors who can take part in the privatization of residential premises again, i.e. register ownership of another apartment (municipal living space) upon reaching adulthood.

The right to privatize residential premises are registered at this address at the time of filing the application.

Each of them must give written consent to the process or write to the estate.

How many times can you participate in the privatization of housing in different apartments? If anyone registered owns another apartment, this cannot serve restrictions on his participation in the process. The right to participate in the procedure once is reserved for all citizens, regardless of the number of their own square meters.

An essential point in this law is the clause that in the registration of housing ownership they participate as family members of the tenant of the premises, as well as those persons who are registered, but do not have a family relationship with the employer.

Article 69 of the Housing Code of the Russian Federation provides for the preservation of their right to reside in living space, and, consequently, to take part in privatization, with the allocation of a corresponding share.

Housing Code of the Russian Federation Article 69. Rights and obligations of family members of the tenant of residential premises under a social tenancy agreement

Family members of a residential tenant under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant. Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court.
Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are capable and limited in their legal capacity by the court bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.
Family members of the tenant of residential premises under a social tenancy agreement must be indicated in the social tenancy agreement for residential premises.
If a citizen ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

If one of the residents has checked out of the apartment, then even if there is a warrant for it and its presence in the social tenancy agreement, he does not have the right to participate in the process. But at the same time he must agree to the privatization of this living space.

Find out on our website about the privatization process, in what cases the procedure can be obtained, as well as whether it is possible in an apartment.

Repeat procedure rules

How to privatize an apartment, if you have already participated in privatization? Despite the conditions prescribed by law for the one-time participation of each person in the procedure for transferring housing ownership, there are a number of circumstances when re-participation is possible.

Who can participate in the privatization of an apartment in the Russian Federation again? Repeated participation in the procedure of certain categories of citizens: according to Part 2 of Art. 11 of the Law “On Privatization...” the right to re-participate is retained for the following categories of persons:

Initially involved in the process. If, upon reaching adulthood, they receive another municipal housing, they will be able to transfer it into ownership. The age at which these persons moved out of their previous housing does not matter. The only condition is that they do not own an apartment or a share thereof.
Participation in the process for the second time is reserved for persons who lost their living space due to emergency incidents, man-made disasters, natural disasters, terrorist attacks. If they lived in privatized housing before the tragedy, then having received a new one under a social tenancy agreement, they have the right to register it as their property.
Similar rights have migrants from the Far North and former republics of the USSR. Housing at the previous place of residence must be transferred by them to the former owners, and the newly received social housing after the transfer procedure can be privatized.

Right to re-privatization this category is lost, if the housing previously registered as ownership was transferred by them to third parties under alienation agreements.

Return of rights after deprivatization

Is it possible to re-privatize an apartment? Who is involved in the privatization of housing after deprivatization? The possibility of re-privatization may arise for those persons who returned their own apartment to the state, but under certain conditions.

Procedure after challenging a contract

If, on the basis of one of the listed facts, the court decides to recognize the transaction for the transfer of living space into ownership as not having taken place, then the circumstances that arise will be be repealed.

The parties will return to the original meaning: the state will remain the owner of the premises, and the citizen will again become the tenant of the premises and the status of owner will be removed from him.

Those registered in the apartment again acquire the right to reside in it under a social rental agreement. If someone was deregistered from a given living space illegally, they will restore their rights and be registered there again.

Under such circumstances the right to free privatization will be considered unused and you can start re-registration according to the following scheme:

Thus, re-privatization is available only to a certain circle of persons, and also if there are significant grounds for invalidating the process. In other cases, every citizen can exercise his legal right only once.

Distribution has always been a headache for the Department of Defense. That is why the Government is currently trying to transfer military personnel to a different form of real estate provision. Namely, a mortgage, which gives the right to choose not only the place to purchase real estate, but also the living space itself.

It is planned to transfer all military personnel, as well as organizations that provide for military service, to this form of support until 2023. In addition, according to the latest changes, it is planned to eliminate the existing queue for housing by the end of 2014.

Reasons for refusing to obtain housing

Problems associated with the distribution of apartments are usually associated with the following reasons:

Reluctance to live in the area where the property was offered,
If the issued apartment does not comply with the area standards required by law, as a rule, this results in receiving an apartment of a smaller area.
Inconsistencies between the proposed real estate and the requirements for residential premises.

In addition, each individual family may have other reasons to formalize the military man’s refusal of housing.

For example, reluctance to live with small children on the top floors of high-rise buildings. Or vice versa, some are unhappy with the provision of an apartment on the ground floor. But such requirements are not taken into account in the legislation.

In addition, a serviceman’s refusal of allocated housing may be dictated by the desire to receive a subsidy, which gives the right to independently purchase real estate in any region of our country.

Moreover, in case of early repayment of the loan, you can re-use the military mortgage to purchase more spacious living space, or even a second property.

Is it worth giving up the finished apartment?

It may be worth considering whether it is worth giving up in-kind housing provision. After all, this guarantees that the defender of the Fatherland will ultimately receive an apartment of the size allotted to him, and with sufficient persistence, also in the region where he would like to live.

This scenario is not guaranteed if he registers an EDV or a civil housing contract. Indeed, in both options, the amount provided by the state will be strictly fixed, and it is impossible to receive it again. Considering that when calculating both EDV and GHC, the average cost per square meter in Russia as a whole is taken into account.

For some regions, it may not be enough to purchase housing of the required area by law. And the law stipulates that if an officer is offered an apartment with a smaller area than he is entitled to, he has the right to leave it and wait to receive another one that is suitable for him in size.

Inspection orders. How many times can you refuse?

Dear visitors! If possible, please indicate the county and area in which the house is being demolished, and also describe your situation in detail. This will allow you to give the correct answer. If you would like to receive detailed oral advice or assistance with relocation, please make an appointment by phone. 8 495 787 75 07, 691 38 72. Please note that legislation and law enforcement practice on this issue are constantly changing.

Anastasia I., Moscow, 02.12.2010 14:47 question to the lawyer:

Hello!
Relocation from the house at the address st. Polyarnaya, 9, building 2.
They started issuing inspection orders.
The first CO was given to an apartment located on the 2nd floor, at the end of the building, i.e. both rooms are along the street wall. We were not happy with this option.
The second inspection order was given for an apartment on the 3rd floor, the location is already satisfactory, but the number of floors is not satisfactory - I would like from the 10th floor, because... An addition to the family is expected, and the upper floors are quieter and the air is cleaner.
Those. We will also write a refusal for this order.
They are frightened by the fact that on the 3rd refusal they are moved by court to a neighboring house, but to apartments with a total area of 5-7 m less. In the house to which the court is moving there are two-room apartments with a larger area - 60 and 64 sq. m. How can I get an apartment in this house?
Now there are 4 people living in the apartment on Polyarnaya - 3 are registered (mother-in-law, father-in-law, husband) and 1 is not registered (me), in a week another tenant will be born - my husband and I’s daughter, so I really want to get an apartment with a larger area.
How many times can we write a refusal? How is the apartment into which we can be moved by court determined? Why does it have to have a smaller area than the apartments offered under the inspection order? What can we do to get an apartment not in a building to which inspection orders are issued, but in a house to which they are being relocated by court?

Answered by: lawyer Andrey Valerievich Rebrikov, Moscow, Bar Association "Legal Protection".
Make an appointment for a consultation with a lawyer by phone. 8 495 691-38-72, 787-75-07, 782-76-77 Novy Arbat, 21

Hello! It is not clear from your question whether you own the apartment or whether it is municipal. If the apartment is owned, then during demolition they must provide an equivalent apartment in the number of rooms and total area no less than before. If it is municipal, then the provision of housing will be carried out according to the principle of 18 sq.m. for each registered housing. If you have a municipal apartment, then I would advise delaying time so that your daughter has time to be born, so that she can also be provided with 18 sq.m. Regarding the provision of options in court. The law does not regulate at all the question of which apartments are provided by agreement with the residents (based on an inspection warrant), and which ones by court. If the housing estate goes to court with a claim for eviction, they must simply comply with the minimum requirements for the apartment where they are evicting in order for the court to satisfy their claim. (for example, if you are entitled to an apartment of 72 sq.m., you were offered an apartment of 78 sq.m. according to a viewing warrant, but you refused, then in court the housing estate may already file a claim to move you to an apartment of 72 sq.m. and there will be formal requirements complied with.).

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