Free privatization of residential premises has been going on in the Russian Federation for more than 25 years, however, 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.
What is privatization
Free registration of residential premises in ownership implies the opportunity and the right of every citizen of the Russian Federation on the basis of Art. 11 of Law No. 1541-1 “On Privatization ... » once in a lifetime, re-register the apartment he occupies under a social tenancy agreement into personal property.
This procedure is possible only on the basis of the personal desire of a citizen living in a municipal dwelling on the basis of a social tenancy agreement, and in no way depends on the will of the municipality. Regardless of whether the local authorities want to transfer housing to the ownership of the tenants, or do not want to, they must, after receiving the application for privatization, complete all Required documents and transfer the apartment to the ownership of the tenant.
The only condition for a citizen to have the right to register his own home should be living in it on the basis of a social employment contract, that is, using it legally.
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 privatization law was adopted on July 4, 1991, and it is from this date that the beginning of free privatization living quarters. 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.
The need to repeatedly extend the terms was explained mainly by the reasons that a large category of citizens lived in dilapidated and emergency houses, housing in which they were in no hurry to register ownership. Some of the citizens did not have the opportunity to get it into ownership, since it had actually been seized, the tenants were waiting for resettlement in newly built houses.
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.
According to the amendments to the Law, these persons had the right to privatize Living spaces held by them under a social employment contract until March 1, 2021, that is, within three years after the completion of the main privatization.
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.
When adopting the amendments, the interests of citizens standing in line for receiving social housing were taken into account, since the end of privatization could deprive these categories of the opportunity to obtain housing in their ownership, that is, it would infringe on their rights.
For example, a family is recognized as low-income and is put on a waiting list for social housing. The line is moving slowly, and they can get housing no earlier than 2025. According to the old version of the Law, they could no longer register it as property, in new edition such an opportunity remains, no matter how long one has to wait for receiving social housing.
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 municipal ownership, as the pace of apartment privatization slowed down significantly.
For example, a family of five lives in a municipal one-room apartment with an area of 40 sq. meters in a house intended for demolition. If they privatize a dwelling, then upon relocation they will be allocated an apartment of the same area. If they delay the privatization, then the new housing will be 80 square meters. meters.
IN latest edition Of the Law, the conditions for transferring residential premises into the ownership of citizens remain the same: it is possible only for persons living in apartments, rooms, or separately standing houses under a social rental agreement that have never participated in privatization and do not own other residential premises.
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 apartment buildings, persuaded to hurry up with the registration of the property, 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 example, in many regions of the Russian Federation, fraudsters used such a scheme to deceive citizens living under a social employment contract. They offered lonely pensioners to help speed up the privatization process, the citizen only had to sign a general power of attorney for the “representative”. The power of attorney was signed, the fraudster registered the property, then quickly sold it and disappeared, and the new owners filed a statement of claim to evict the previous tenant.
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 overhaul... 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.
For example, the state duty for the registration of property rights will cost 2,000 for each participant in the privatization, for the technical plan of the premises you will have to pay from 1,500 to 15,000 rubles, the registration of a cadastral passport will cost about 2,000 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, besides, of advanced age, and his heirs are not registered, it is better to privatize housing so that his relatives inherit it. If the apartment is not privatized, then after the death of a lone 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 it is worth privatizing 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.
In what year did the privatization of residential premises in Russia begin? The official beginning can be considered 07/04/1991. From that day on, the Federal Law "On Privatization ..." began to operate. And as we can see, it has been going on for a quarter of a century.
What it is?
In essence, this legal phenomenon means the transfer to a private person of a part of public (state) property into private hands in full and undivided ownership.
Initially, in the above law, it was defined as follows - transfer to citizens of state or municipal real estate.
But, pay your attention to the following circumstance. As of July 1991, the Constitutions of the USSR and the RSFSR were still in force. In both, the concept of public property was laid down.
Housing, by the way, was part of the public property. In other words, the representative of society, the state, allocated to the citizen a part of the country's property in the form of living quarters for full use, with one restriction.
The home could not be sold or inherited... That is, a citizen, having received real estate, became the owner of it with restrictions on its use.
Hence the conclusion: the newly emerged state the Russian Federation declared the property owned by the population to be its property and offered citizens to buy it out under the guise of conditionally free privatization (the cost of the service is 1,000 rubles).
The amount for an individual person is negligible compared to the price of real estate, but in the whole country it becomes impressive.
By the way, and this is important, in the jurisdiction of the state, including its representatives, municipalities, city halls, village councils, there is a little property, the housing stock does not belong to such.
The state in relation to it carries out only operational management, that is, disposes of it on behalf of the owner, the population. In our opinion, the essence of the phenomenon is as follows: transfer to the owner from the operational manager of his own property.
Registration of ownership of real estate for private persons is the refusal of state bodies to dispose of the entrusted property, to maintain it, etc. All concerns are now shifted onto the shoulders of the owner.
The reason, as it seems to us, is as follows: Housing and communal services is an unprofitable industry.
The essence is capitalist relations is to make a profit in the shortest possible time at the lowest cost.
All assets that do not generate income are disposed of or sold, in our case, are transferred to citizens for personal ownership.
Find out on our website why in the housing privatization procedure. Read in particular about whether it is possible to privatize an apartment, housing, apartment, as well as a room in or, and who is eligible for privatization. Sample statement of claim in court for the recognition of the right to privatize residential premises is possible.
Legislation
The procedure for transferring ownership of living space is regulated by:
- Housing Code.
- Federal Law "On privatization ...." (1991, July 4, No. 1541-1)
- Amendments to the aforementioned law. They were adopted by the legislator each time before the end of the next term. The latter was put into effect on February 28, 2016. federal law number 19.
- Regulatory acts of self-government bodies.
Until what year is the transfer of real estate to personal ownership extended and until what time is it allowed to submit documents?
Learn about the procedure for deprivatizing an apartment from. Read also about to invalidate the privatization of an apartment.
The ending
The end date is as follows: the next term ends, as indicated in the Federal Law-19 of February this year 01.03. 2017.
You can find out about that, from your pocket in a privatized apartment, as well as about other owners and registered persons in a privatized living space, you can find out on our website.
Will we renew?
There is still no answer to the question of extending the process after 2017 in the Russian Federation.
It cannot be ruled out that it will finally end, as well as the fact that the completion will be postponed for some more, or even made generally indefinite.
At least there was a debate on this in the State Duma. So any scenario is not excluded.
Find out on our website about whether your apartment has been privatized, the procedure for registering ownership, whether you should participate in the process, and whether it is possible to submit documents. A sample for the privatization of an apartment, as well as a written one in favor of other family members, you can also download from us.
Causes
From the lips of high-ranking officials, during the next extension, phrases are heard about observance of some social justice.
Please, citizens! There is no such concept in the economic formation.
There is only economic expediency, and, to a lesser extent, fear of a popular revolt.
That's why the reasons for the next extension are mostly economic:
- Difficult economic situation.
- Expansion to the maximum of the taxable base. They will "vparivat", pardon the rude expression, real estate until all tenants of residential premises become owners, taxpayers.
- Transfer of unprofitable assets (housing) to the population. This will free up funds in the budget that are now being used to maintain the housing stock.
- The possibility of social tension is small. But it cannot be ruled out either.
You can learn how to privatize an apartment and what to do if it is for an apartment from our articles.
What will happen after?
So far, no one can say for sure. There are no specific plans for discussion by the society.
Today, it remains to be seen what action the government will take.
There are only some hints how the situation will develop with housing, which they did not manage to transfer to personal ownership. Note that the following development of events is possible:
- ... That is, a ransom for a certain fixed amount or by market value.
- Instead of social hiring, there will be simple hiring (non-profit). It is understood that the housing will be rented out for a specified period. It will not be possible to privatize it.
- The opportunity to privatize residential premises will be left to separate categories. The rest will completely lose the right to do so.
Once again, let's make a reservation, there are no legislative initiatives yet, so we'll wait and see.
Who will have the right to privatize their apartment for free?
Although there is still no list of categories of citizens who will be able to privatize their real estate for free after graduation, we can already say that this right will receive:
- Orphans, children left without care.
- Citizens who took part in the process of transferring property before they reach the age of majority.
- People who received real estate by social programs... For example, resettlement of dilapidated housing.
- Servicemen.
Concluding the article, we note that whether or not to privatize your home is it is a decision that everyone makes for himself... And in fact, and in another case, there are pros and cons.
Municipal housing has a plus - no taxes on real estate, privatized - the right to property.
It is appropriate to note here that in reality the person is transferred not the real estate itself, but the rights to it... One simple question arises - where is the property? Whose is it in the end?
You can find out how long the terms of free transfer to personal ownership of real estate in Russia have been extended, and for what reasons, from the video:
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Free privatization of an apartment is a procedure that allows state property turn into private. This process appeared in the early 90s of the last century. Then people began to privatize their property en masse. This is necessary primarily in order to obtain full rights and be able to sell or bequeath an apartment. However, not everyone has yet formalized their property, so the question arises as to what year the privatization has been extended. It will be useful to deal with this now, since very soon the procedure will be paid.
What is privatization
As already mentioned, the privatization of an apartment in Russia is a procedure that allows you to register a state dwelling in your ownership. Any person who has not gone through this process before can do this. The point is that you can only privatize once in your life. And they will carefully check whether a person has ever gone through this procedure or not.
Some people get around this rule. They arrange apartments for different family members. The law does not prohibit even minors from going through this procedure. However, they will enter into their rights only after they turn 18.
Why do you need to privatize? First of all, in order to be able to dispose of the apartment. For example, so that you can sell it, donate it or bequeath it by inheritance. Therefore, it is recommended to go through this procedure while free privatization is available. Otherwise, after the allotted time is over, the apartment will not be able to issue for free.
When does the term end?
The process may be extended from- due to the fact that more than 30% of apartments have not yet been issued in private property... Therefore, people are given a chance to undergo the procedure before the end of its term. It is worth hurrying, because it is impossible to say for sure whether the period will be increased again to a certain year in Russia or not.
How to register a home?
Considering that the privatization of the apartment has been extended until 2020, there is still an opportunity to register your home. First, you need to collect the entire list of necessary documents so that you do not have to do this later. Moreover, it is important that all official papers are authentic and valid at the moment. By the way, this is why you need to take certificates no more than a month before the application for privatization is submitted. After all, the validity of some certificates expires after 30 days, and then you have to apply for new ones.
However, first of all, you should make sure whether it is possible to privatize a certain apartment in Russia. For example, dwellings located in a closed military city or those that are now in emergency condition are not allowed to this procedure. It will be useful to ask the government agency what type of dwelling is not allowed in this process. Then there will definitely be no questions or doubts.
It is important to secure the written consent of all tenants of the apartment, since without this it will not be possible to carry out the procedure. By the way, only the person who participates in the process will be considered the owner. And everyone else will only have the right to live on the territory of the house. If you wish, you can have several owners. Then you have to divide the apartment and write down your share for each.
While the period of privatization in Russia is not over yet, you can contact the BTI. The specialist will inspect the premises, assess its condition and the presence of redevelopments. If everything is in order, then you should make sure that all documents are collected.
You must submit an application to the housing department of your local government. All necessary documents should be attached to it. They will check the official papers and their relevance. After that, the person will have to sign a privatization agreement. Moreover, all people who live in the apartment must sign the contract. Next, you need to register with Rosreestr.
If everything goes well, then the person will be issued a certificate confirming the rights to the property.
Immediately after that, you will be able to dispose of the apartment at your own discretion. Alternatively, you can sell it. However, if you do this immediately after the end of privatization, you will have to pay a substantial tax. But if you wait for a certain period of time - 3 years - you won't have to worry about the tax.
What documents are needed?
It has already been said above that certain documents will be required to carry out privatization in Russia. When is the best time to start collecting them? It is better, of course, to do this on time, even before the application is submitted. Then you don't have to fuss and run for help when you really need it.
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- A social contract of employment or an order that will confirm the right to live in an apartment.
- Cadastral passport with information about the apartment (area, layout, address).
- Technical passport of housing. It is issued at the BTI upon request.
- A document confirming that there are no debts for utilities.
- An extract from the house book, which will notify how many people live in the apartment.
- Help from Rosreestr. You can get it by contacting government organization at the place of residence. It is better to follow her when there are several days left before writing the application.
- Identity document of a person. The passport must be valid for the current year.
- Receipt for payment of the state fee.
The list of documents is relevant for Russia at the time of 2020. After the official papers are filed, it remains to wait for their verification, and then take away the certificate of ownership.
Municipal transfer process square meters ownership of residents is called privatization. At first glance, the government is offering a very good deal. However, privatization in Russia goes not quite at the pace that the authorities initially hoped for. What is the reason for such inertia of the population, and until what year will privatization be valid?
In 1991, after a sharp change in the course of the USSR government, the state faced serious economic problems... In that situation, it became impossible to independently maintain the entire housing stock of the country at the expense of budget funds. In the summer, the first edition of the privatization law was adopted. Further, the bill was corrected several times.
Currently, privatization in Russia is open-ended by law.
It is planned that over time, the free transfer of housing to the ownership of citizens will be replaced by a ransom. However, today there is no clear understanding of the mechanism of the process. Legislators are working in this direction.
In what year did the privatization of apartments in Russia really begin? The first homeowners appeared in 1992. All residents, including young children, had to participate in the paperwork. Their interests were represented by their parents or guardians.
Housing passed into ownership in equal shares. The law provided for the possibility of giving up their rights, but only capable citizens could do this. In the future, they were given the right to use the premises for life.
Reasons for extending the terms of privatization
One of the reasons for the permanent extension of the terms was the inertia of the population. When privatization began in Russia, the government believed that citizens would very quickly register the required meters in ownership. In fact, even today, after 27 years, only about 80% of housing has been completed. On a national scale, the remaining 20% is a significant figure for the budget.
Why are people in no hurry to close such a good deal? Family relations, life situation, social status of a responsible tenant play a role here. It is required to handle the paperwork personally. Not all citizens are ready and willing to do this.
In 2014, with the annexation of Crimea and Sevastopol, the government extended the deadline so that residents of these territories could also use their legal right. Russian citizens have equal rights, and the right to housing remains one of the main ones.
The last changes were made in February 2017. Legislators canceled the terms of free privatization finally.
Benefits of housing privatization
Private property allows a person to feel free.
It is beneficial to have an apartment at your disposal for the following reasons:
- Privatized housing is a significant capital for a Russian. If only people related to the tenant could live in a state apartment, then any person can be registered in their housing. This opportunity is of particular importance in the era of the spread of civil marriages.
- Private property can be sold, donated, or inherited.
- Free disposal of housing gives citizens greater mobility in finding work, when changing their place of residence.
- Investing in real estate is a profitable investment.
- People are more willing to invest in renovating their own homes - this improves the quality of life of the family. Invest money in state fund it makes no sense to the tenant.
The law allows private property to be leased. IN large cities For Russia, this has become a good source of additional income for citizens.
Negative aspects of housing privatization in Russia
The article will be one-sided if we do not consider the negative aspects of privatization in Russia for the newly-minted owners. By giving away the housing stock, the state transfers not only tangible assets, but also the accompanying responsibility for its maintenance.
Risks and encumbrances for tenants with new property:
- The need to pay fiscal fees. If until recently the amount of tax on housing was not significant for the family, then with the introduction of a progressive scale, it has increased markedly. Taxation based on market value has affected the poor in large cities the most.
- Increase in utility bills. Re-registration of documents, all other things being equal, entails the need for maintenance at their own expense of common building communications, maintenance of the building.
- The maintenance of the new property, with the intra-apartment communications worn out in the Soviet period, is by default transferred from the state to the happy owners.
- The dilapidated and emergency fund, which has undergone privatization, is being resettled according to new, unprofitable for tenants, norms. When resettling municipal housing, all registered people receive square meters in accordance with sanitary standards. Today it is 18 sq. m per tenant. Owners of a privatized apartment can count on a similar area, regardless of the number and gender of those registered.
- Responsibility to neighbors for any force majeure in their home is borne by the owners. While the apartment is state owned, the broken pipe is the responsibility of the municipal authorities. As soon as the documents for the privatization of the apartment are drawn up, the owners are obliged to pay the neighbors for the damaged repairs.
The state has provided for the possibility of returning the privatized housing back. This can be done if, after the paperwork was completed, the owner did not change and additional tenants were not registered in the apartment. However, citizens rarely enjoy this right.
Summing up
- Privatization in Russia was initiated by the state and has been carried out since 1992.
- Currently, the time limits have been lifted by law.
- It is more profitable to register ownership of new housing in a big city.
- It is often a mistake to take on a dilapidated fund and dilapidated houses for their maintenance - tenants lose the opportunity to radically improve housing conditions at the expense of the state.
- Privatization always brings with it an increase in monthly costs. How much this is offset by the acquired assets is decided by the market value per square meter.
Reading 7 min. Published 05.04.2017
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 get to the president's signature legislative act, according to which the final date was supposed 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 market value will begin. However, in this case, the rights of people living in emergency housing were infringed upon. 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.
The lack of a deadline for the completion of privatization contributes to the assurance of officials equalizing the rights of citizens living in state and municipal housing, who could not start the process of transferring property into private hands. In the spring of 2017, after the President signed the law on indefinite privatization, it came into force. It can be found on the official portal of legal information, where it has number 14-ФЗ dated 02.22.2017 and is available for everyone to review.
Reasons for refusing to privatize
For citizens with a small income, paying real estate tax could be overwhelming. This turned out to be a weighty argument in many ways. 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 neither be sold, nor mortgaged, nor left by inheritance, 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.
Difficulties with the exchange of non-privatized housing
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.
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 for exchange. The legislation establishes that an exchange can also be made 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.
Personal documents:
- 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.
Housing documents:
- 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. Missing cadastral or technical certificate we order 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). Within 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 canceling the issuance of a Certificate of Title. It is replaced by an extract from the Unified State Register.
