Since what year did the privatization of apartments and housing begin in Russia? Law"On the privatization of the housing stock" ( №1541-1 ) adopted by the Government of the Russian Federation on July 4, 1991.
According to this law, with the beginning of the privatization of housing and apartments in Russia, there was a massive transfer to the ownership of private persons state. property and housing stock.
When privatization began, each Russian citizen living in an apartment as a tenant, got the opportunity take ownership of the property.
The regulation of the privatization process is also based on the Housing Code as amended on 01.03.2005, the Civil Code of the Russian Federation.
Essentially, privatization is legal translation state or municipal housing in private ownership. Having obtained the rights to a privatized apartment, a citizen can dispose of it at one's own discretion, that is, to make any transactions for the alienation.
The procedure for transferring residential premises to the ownership of a private person can be carried out free of charge and for a fee.
Free
What's this? The property is transferred to without payment former owner , that is, the state, the cost of the apartment.
For the implementation of such a transfer, it is necessary to have a desire on the living space of persons from the age of 14, with their consent.
State bodies are not entitled if the apartment is not included in the list of premises not subject to privatization. Initially termsfree privatization were limited, then repeatedly extended by the Government.
Currently, 20 percent of the apartments are not privatized by municipal housing tenants. When will the privatization of apartments in Russia end? Until what date (date) is the privatization of housing extended?
Once again The government decided to extend the procedure, the terms for the privatization of the apartment extended until 01.03.2017, referring to the fact that some citizens did not have time to register the ownership of the apartment for objective reasons.
Paid
Referred to the process of redemption from the state of residential premises belonging to him. The redemption price is set by a specific municipal department, based on the cadastral value of the property.
As a rule, the final cost of the apartment approximately equal to the market housing costs in the region.
When does the free privatization of apartments in Russia end? Until what time is it valid? The decision on the next extension of the deadlines until March 1, 2017 was made by the Government on February 29, 2016 (Federal Law No. 33). According to the Minister of Construction M. Men, most likely this deadline will be final.
This is the fifth postponement of the expiration date of the law on free privatization, however, during its validity, not all citizens who wished to exercise their right were able to exercise their right, and in most cases this happened for objective reasons. Recall in what year the privatization of apartments and housing in Russia began, this is already a distant 1991.
Numerous appeals from citizens forced the Government to think about another extension. Although against such actions the Ministry of Economic Development speaks. According to the ministry, free privatization leads to the retirement of residential premises from the social fund, which is necessary to provide assistance to socially unprotected citizens.
Will the privatization of apartments be extended? On the impossibility of an infinite extension of the free privatization of an apartment, said D.A. Medvedev at a meeting of the Cabinet of Ministers.
S. Razvorotneva, executive director of NP ZhKKH Control, agrees with this opinion.
She stated that in no country in the world there are so many apartments owned by citizens.
more expedient develop a nonprofit recruitment program public housing, as well as consider sub-rental housing in the private sector with subsidized rent.
This decision was taken for the following reasons:
Thanks to the decision of the Government, many citizens will now be able to apply for privatization. Queues in government bodies will decrease the process will be faster and easier.
Until what year can you privatize an apartment and housing in Russia? How long has the privatization of housing been extended? Since March 2017 citizens will be forced to buy apartments received from the state at market or cadastral value.
Finally order similar procedure by the Government so far not developed, as well as the procedure for calculating the cost of square meters.
There is no answer yet to the question of how the redemption of housing will take place: only by citizens living in it or through announced auctions.
To replace the contracts of social employment under the assumption of the authorities western model will come commercial rental housing. To date, in the Russian Federation, the provision of housing is indefinite, it can be used by the tenant for life, as well as his family members registered on the living space.
Having registered in the apartment, the relatives of the tenant become, like him, legal tenants.
This housing system will be replaced by temporary rental of apartments from the state. It will be impossible to issue ownership of state-owned apartments.
As the State Duma plans, free privatization of housing will not be canceled for everyone. For certain categories of socially unprotected citizens, the procedure will remain free.
The right to free privatization housing will have the following persons:
However, list of persons who will be allowed to register housing in the property indefinitely, not approved yet at the legislative level.
What will happen next when the privatization of housing in Russia ends? The desire to privatize an apartment, even with the prospect of canceling the free procedure, does not arise among all citizens. Those who wish to remain employers enough a lot of, and they are guided in this by the following motives:
more profitable reside in municipal apartments Oh single citizens who do not need to leave them as a legacy.
Since the right to unlimited use of a municipal apartment will remain even after the abolition of free privatization.
The dwelling will not be lost by the citizen. In addition, he can register members of his family in it: parents, children, spouses. These persons in turn receive the right to use the premises for life and subsequently register their relatives on it.
Thus, the use of the apartment will remain the right of this family until the last member leaves it. Living in an apartment is not free. Living in it required to pay social security living space. And pay utility bills on time.
A municipal apartment will not be sold, donated or inherited. For all those written in it, she is only a place of indefinite residence. If one of the persons registered in it decides to leave a non-privatized apartment, he loses the right to use it.
When not a single registered tenant remains in a municipal apartment, it is returned to the state, and citizens who are in line for housing can be moved into it.
If you still decide to go through the procedure for privatizing housing, hurry up and submit the necessary documents soon to be on time. Will the free privatization of housing be extended? Perhaps March 1, 2017 is the deadline until which it will be possible to do this for free.
However, there are also problem-free cases when all the documents are in order, the collection of the missing documents does not take much time and allows you to register the property in a timely manner. What documents are required for privatization?
Attention
As a rule, the reasons for applying to the court on privatization issues are as follows: an application for privatization was refused in the usual manner; in the housing provided for use, illegal redevelopment was revealed; the premises belong to service or emergency housing, located in a hostel or a house located in closed towns; the owner of the house is missing. The most common reason for going to court with a claim for recognition of ownership in the order of free privatization in the Krasnogorsk and Istra districts is departmental and service housing. Most departmental housing was received from the Ministry of Defense of the Russian Federation, so military personnel are the largest category of citizens in terms of numbers, which has difficulties with privatization.
If redevelopment was done in the room, then it may be difficult to obtain this document.
Sometimes it happens that it is not possible to independently deal with the preparation of documents for privatization. In this case, the best solution would be to transfer all functions to a special organization that deals with this on a paid basis. But before contacting the appropriate institution, you should definitely familiarize yourself with the reputation of the enterprise.
Important
Because in this segment legal services there are a lot of scammers and simply unskilled employees. It is also possible to transfer all the functions of formalizing privatization to any private person on the basis of a notarized power of attorney. Procedure for free housing privatization The process of free housing privatization is a standardized process with a certain algorithm.
The opportunity for Russian citizens to privatize free of charge the housing they occupy as tenants used to be only until March 1, 2017. However, before the planned deadline for the completion of privatization, a law was passed according to which the PRIVATIZATION OF HOUSING WAS EXTENDED, but already INTERMEDIATELY (i.e., to acquire ownership of the occupied living space now you can at any time, there is no deadline for the privatization of housing). Those who did not have time to complete their square meters to the property through the free privatization of housing until now, they will ask themselves: is it worth doing this at all? Unfortunately, there is no single answer to this question; the pros and cons of privatization can only be assessed in each specific case.
About the implementation Housing Code Russian Federation was submitted for consideration to the State Duma of the Russian Federation. According to it, it was proposed that privatization be extended until 01/01/2020, but only for certain categories of citizens of the Russian Federation. The rest of the groups of citizens not specified in the draft law, after the deadline established by law (03/01/2017), would not be able to transfer housing into ownership free of charge.
However, after the adoption of the bill in the first reading (01/27/2017), 22 amendments were provided for it. It is known that its authors, namely Sidyakin A.G. (first deputy chairman of the profile committee of the State Duma on housing policy and housing and communal services) and Kachkaev 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.
Privatized housing can be:
Besides, in privatized apartment legal addresses of commercial enterprises may be located, if this does not contradict the law. When receiving an apartment in possession, it should be taken into account that the current and major repairs are carried out by the owner, and preferential rates for maintenance are a thing of the past. It is desirable to privatize land plot and the surrounding area, which will increase not only the cost of the apartment but also the quality of living.
Info
There are a number of important issues that are best dealt with first. These include the following:
Extension Relatively recently, free privatization had to end for a number of reasons. The deadline for obtaining personal ownership of property under a social tenancy agreement was March 4, 2018.
In such a process, the participation of two parties at the same time is implied: Indicators Description of a citizen of the Russian Federation who satisfies a number of specific requirements of the state itself - And far from any real estate can be privatized. It must meet certain requirements. It is not allowed to carry out privatization in relation to the following types of real estate:
If there are no difficulties, then the privatization process will be carried out with minimal time, rather quickly.
Russian President Vladimir Putin signed The federal law No. 20 on amendments to the Federal Law No. 191 "On the entry into force Urban Planning Code(GRK) of the Russian Federation "and in the Federal Law No. 122" On state registration of rights to real estate”, which approved the completion of the privatization of apartments (rooms) on March 1, 2018. Peculiarities of Registration of Housing into Ownership Changes in the timing of the completion of the privatization process did not affect the rights of citizens to register state and municipal housing into ownership. The privatization of the apartment was extended until 2018 and the act made changes only to the deadline for the free transfer of real estate.
Transfer of housing to the ownership of citizens in the order of privatization during two recent decades allowed to re-register the rights to municipal or public housing.
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The deadlines for exercising the right to privatization were repeatedly pushed back, and at the beginning 2017 there are active talks about establishing an indefinite procedure for reissuing rights.
Are they going to extend the period of free privatization, and if so, until what month can citizens exercise their right? What is the deadline for submitting an application to the local authorities? In the material presented, we will try to figure out what exactly the state proposes in the new bills.
Free privatization implies the right of every citizen once in a lifetime to apply for the re-registration of an apartment allocated under a rental agreement to personal property ().
This procedure does not depend on the will of the authorities, which are required to draw up all the documents upon receipt of the application of the tenants of the residential premises.
In order to establish the right to register ownership of such premises, citizens had to live in apartments on the basis of social tenancy, i.e. obtain housing legally in order to improve living conditions.
To confirm the grounds for registration of apartments in the property, it was required to submit:
The system of regulatory legal acts regulating the rights and obligations of the parties in the process of formalizing the transfer of apartments to the ownership of citizens consists of a profile, as well as separate provisions of the Civil and Housing Codes of the Russian Federation.
The process was initiated by the adoption, which:
Further amendments to the said normative act mainly concerned changes in the deadlines for exercising the right to free transfer of housing to the tenants' ownership.
Until what year was privatization allowed under the current version of the law?
At the moment, it is officially valid in the edition, according to which the expiration date is set March 1, 2019. Several exceptions were provided for this rule, which applied only to limited categories of citizens.
After March 1, 2019 general privatization was supposed to come to an end, but the legislator again decided to change the terms of the procedure. At the same time, the main question remained the following - by how much the new deadlines will be shifted.
According to the prevailing last years tradition, it was initially announced that for certain categories of citizens, the privatization of an apartment was extended until 2018, i.e. exactly on one year.
The corresponding draft law had already received the approval of the majority of the committees of the State Duma and was ready for adoption in the final version.
Fresh news that could be heard in January 2017, argued about the possibility of excluding any deadlines for the opportunity to privatize an apartment.
Since the relevance of this topic for ordinary residents of the country is difficult to overestimate, all the necessary procedures for agreeing on the bill were carried out in an accelerated mode, and February 10, 2019 the bill was unanimously adopted in the final, third reading of the State Duma.
For the new rules to come into force, it is necessary that the law be approved by the President of the Russian Federation, but there is no reason to assume that it will be rejected. In this way, with a high degree of probability, it can be argued that any time restrictions for exercising the right to privatization, which will be available indefinitely, will be lifted.
Whether or not to privatize an apartment - each citizen decides independently.
The fact of acquiring housing in the ownership of the state has both positive and negative consequences.
Obvious benefits include:
The disadvantages of acquiring an apartment in the property can also have a significant impact on the decision:
A significant increase in property maintenance costs forced citizens to delay privatization to the last, and count on a further extension of the deadlines.
In order to acquire ownership of a real estate object in the order of privatization of citizens, it is required to prove the existence of a concluded social contract of employment.
Any residential premises are subject to privatization, with the exception of certain types of objects expressly specified in the law ().
The composition of apartments not subject to privatization included:
Thus, at the stage of filing an application, a check is carried out to determine whether it is possible to privatize a particular premises.
Since the majority of the country's citizens exercised the granted right to privatization, the introduction of deadlines for this procedure was initially envisaged.
This created legal uncertainty, as the legislator annually extended the privatization program, but did so only in the last days allotted for filing an application.
This situation gave rise to an annual rush with the paperwork, until an official source confirmed information about new changes in the deadlines.
Since no official changes have been made to the legislation yet, at the moment the deadline for submitting documents is February 28, 2019, this date is set (as amended dated February 29, 2016). Sending documents before the specified date is guaranteed to allow you to apply for the re-registration of a municipal apartment in the ownership of citizens.
Residents who have not yet taken advantage of this opportunity need to track information online so as not to find out at the last moment that the decision on permanent privatization and remained at the level of the bill.
The most convenient information is presented on Rossiyskaya Gazeta website, which is the official source for the publication of regulatory legal acts in the Russian Federation.
The unsatisfactory state of the housing stock in the Russian Federation was one of the main reasons that forced us to annually extend the deadlines for processing documents. Despite the adoption government programs to reform the housing and communal services fund, a huge number of buildings remain in poor condition and require major repairs.
Since from the moment of privatization all responsibilities for the maintenance of housing were transferred to the owners, the apartment owners justifiably delayed the deadlines for applying for re-registration of rights.
If the draft law under consideration enters into force, this situation will be partially resolved, since the opportunity to privatize housing will be available at any time.
Before the appearance of the draft Federal Law with the introduction of the termless nature of privatization, the forecasts were disappointing, because citizens were actually forced to make a decision, regardless of the objective state of the housing stock.
Considering that there is currently a time limit in the law until March 1, 2019, it makes sense to provide for the theoretical possibility of rejecting the document by the President of the Russian Federation and submit an application to local authorities within the prescribed period.
Sending such an application will allow you to comply with the formal deadline, and if the time limits are lifted, this appeal can be left without further action by the applicant.
Regular changes in the terms of privatization do not affect the list of documents that are submitted by citizens to exercise their right.
These documents include:
Many citizens are waiting in line for their own square or waiting to move into new homes, which explains the delay.
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Now the question of the privatization of an apartment is still relevant: how long the procedure has been extended, and what documents are needed to register housing as a property.
There is good news - the deadline has been moved again. You can privatize housing until March 1, 2018. The rest of the conditions remain unchanged.
Privatization of housing started in 1992. The date of completion of the registration of apartments and rooms in the property was constantly shifted to a later date.
One of the reasons for this is the huge flow of documents coming from citizens.
Based on the law on privatization, this process should have been completed in 2007. However, it was subsequently moved three more times:
Important: the amendments to the law did not affect the legal side of the issue. Citizens can still take advantage of the opportunity to get municipal or state housing in their ownership for free only once.
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Let's be honest: the free privatization of apartments was not immediately extended until 2018. Although this bill was discussed in the Duma back in 2015, it was not adopted.
Initially, the deadline was set for March 1, 2016. Then it was decided to add another year.
Finally, a new amendment was adopted, and now the privatization of apartments has been extended until what date? Until March 1, 2018.
The reader may have a question: why do they talk so much about the privatization of an apartment and postpone the deadlines from year to year? There are several reasons for this.
According to survey results, about a third of apartments remain unprivatized.
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One can imagine how many potential appeals to municipal services are behind this figure.
It is worth considering that if the living space is on the balance sheet of the state, the budget does not receive funds from real estate taxes.
In fact, the cost of capital repairs should also be carried out from the treasury.
Given the current economic situation such costs are simply not possible.
This is another reason for the privatization of the apartment to be officially extended.
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Amendments to the law only changed the answer to the question: until what time is the free privatization of apartments extended? The algorithm of actions remained the same.
Here is all that needs to be done by a citizen who lives in an apartment under a social tenancy agreement (do not confuse it with renting a dwelling between individuals):
The package of documents for the removal of an apartment in the property includes:
Applicants who are registered at this address, but have previously used the right to privatize, need to issue a certificate confirming this fact.
Also, if a citizen replaced a passport in the period from September 1, 1991, an appropriate replacement document is needed.
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If the applicant lives in the apartment by court order, then the form should also be included in the package of documents.
If we talk about the privatization of an apartment on a general basis, the applicant needs to submit documents to the housing management department of the administration of this district.
It takes 2 months to make a decision on the application.
If no discrepancies are found in the documents, registration will consist of the following steps:
What difficulties may arise with privatization? For example, the living area was listed behind a large plant, which was liquidated.
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If the apartment has not yet been accepted into municipal ownership, it may be difficult to register it.
In such a situation, the applicant has to apply to the court.
First, the court decides that, by law, this housing can be transferred to ownership.
Based on this decision, a certificate of title is issued for the apartment.
Summarizing this point, we note: in order to privatize an apartment, a citizen should contact the housing department of the district administration and submit an application with a package of documents.
The law, on the basis of which it is determined by how long the free privatization of apartments is extended, also stipulates other aspects of this procedure.
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For example, you can get a living space in the property only once.
If a person participated in privatization as a minor, re-privatization is allowed upon reaching the age of 18.
Several more categories of citizens can re-get living space. Among them:
All transactions are recorded in the USRR, and the owner is issued a model certificate.
Considering how long the privatization of an apartment has been officially extended, it is worth finding out why this procedure is being carried out.
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Registration of housing in the property gives a citizen the right to dispose of it and perform such actions as:
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From the moment the certificate is received, the citizen is charged real estate tax and contributions for major repairs.
Thus, if you prepare a package of documents, it is not so difficult to privatize housing. To do this, you need to meet the deadline - until March 1, 2018.
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According to the latest resolutions of our government, the privatization program has been extended once again. Now you can become the owner of a municipal property at any time convenient for the person concerned. The time limits have been lifted completely, in other words, all the remaining uncovered residents have the right to transfer their apartment into ownership.
About 20% of the country's residents did not have time to use the state program, so the indefinite extension saved the situation for many citizens. Because in federal subjects enough emergency, dilapidated housing, apartments in military camps and service housing, dormitories, then there are many controversial situations. People have been drawing up permission for privatization for years, reconciling conflict points or getting archival data.
There are certain rules, quite simplified and transparent, that must be followed. Errors and misunderstandings result in unexpected processing delays or denials. Deals with the issues of privatization of real estate housing department of the municipality. Citizens have the right to receive an apartment for free once in their life, children after coming of age receive a repetition of the opportunity, only for them an exception is made to the rules.
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The privatization of the apartment has been extended so that citizens have time to resolve all their issues and consider whether it is worth becoming owners. The state free program has been running successfully for 25 years, being modified and improved in all areas.
To become owners, people need to write an application to the privatization department, and attach a package necessary documentation. There is a basic package required in all cases, and separate materials in each case. The period of validity of individual certificates is also limited, they lose their legal significance. Therefore, this fact should certainly be taken into account and documents should be prepared in the order of the required queue.
At a time when housing belonged to the state, it was impossible to manage it comprehensively. For example, it was impossible to inherit or sell an apartment, we had to invent workarounds. If the grandchildren inherited the apartment, then the grandmother had to take care of the registration during her lifetime. I had to write petitions and apply to the housing office, where they refused or allowed to register.
In no way was it possible to have two living spaces, it was impossible to take care of the further residence of the children. Also, it was not possible to invest in real estate, on a par with developers to be equity holders of a new house. It became possible to become the owner and dispose of the apartment for a nominal fee, the transfer of real estate acquired, in fact, a state scope.
The state actively promoted privatization due to the unprofitability of the housing and communal services system. By becoming the owner, the tenant assumes full responsibility and is obliged to pay the costs of maintaining the apartment. Currently, there are enough cases when citizens decide to reverse the procedure and return housing to the municipal fund. This action is connected with the fact that it will not be necessary to pay for some items of housing maintenance, for example, for major repairs.
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In the event of an accident, the municipal facility is replaced by another apartment, the owner covers the risks on his own. In addition, residents of a non-privatized apartment can count on benefits and subsidies that are not allowed for owners. That is why it is sometimes more profitable not to be the owner, not to be responsible for the safety of property from fire, flood and other unforeseen circumstances. Important is the absence of property tax, which will soon grow significantly.
By general rules, each citizen living in the apartment must decide whether he wants to become the owner of his share of the living space. Shares are provided equal to everyone, the refusal is written in a notary. The objector will receive the right of lifelong residence, but will not be the owner. While there is no such document, the apartment is divided into equal shares between all registered persons. Children participate in privatization without fail.
The fact that the procedure received an untimely continuation and now you should not rush, has essential. If the family lives in a dormitory or service apartment, then you have to sue the legal owner for the right to become the owner. Courts take a long time and can have several processes, which, now that the free privatization has been extended, can be ignored.
Everyone can actively protect their rights and go through all the lengthy procedures. Suffice it to say that a direct check in the housing department and obtaining a certificate for privatization takes three months. During this period, tenants of the apartment may be born and die, the process of treatment will have to be repeated, taking into account the changes. Quite often, it will be necessary to provide evidence that the person concerned has not previously received an apartment for free.
We have to apply to the archives, write requests to the passport offices at the former place of residence. One incorrect certificate and the data provided will require again sufficient collection of documents. Careful verification is necessary to prevent potential abuse.
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The following categories of citizens can receive housing free of charge for the second time:
An apartment can be issued in joint ownership or immediately declare shared registration in equal parts. In other words, citizens are issued one certificate or several, according to the number of participants. In practice, there are situations when the procedure is recognized as invalid privatization. This is done only in court and requires convincing reasons for this.
After receiving a privatization agreement in the housing department, it should be submitted to Rosreestr. This can be done at any convenient time, after obtaining permission, you will need to re-collect expired certificates or use those that were provided for privatization.
In both cases, those who wish can apply to the MFC, where they receive permission for privatization and enter information about the object into the Rosreestr, receiving a certificate of ownership. In the future, it becomes impossible to change your mind or challenge the actions taken, which is why verification is such a complicated procedure.
Rosreestr has the right to check the submitted information within a month; registration of a property may be denied for good reasons. If employees have doubts about the legality and validity of the document, the state fee has been paid incorrectly or in violation of procedural rules. For example, applicants may have an expired passport, illegible other certificates and certificates. Refusal is made in writing with the obligatory indication of the reasons correlated with the legislation.
The procedure for changing ownership is really free, but obtaining certificates, archival information or legal costs will require personal funds. Evidence of changes becomes especially important, for example, the postal address of the apartment, the names of residents, their personal passport data. Disputes between family members on the need for privatization sometimes reach the court, since the full consent of all citizens is required.
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For example, one or more registered citizens have previously participated in privatization and lose the right to apply for this apartment. The issue of discharged citizens for a long period, for example, military service, also arises during privatization, if they are recorded in an order for an apartment. There is now the necessary time to resolve complex issues, the privatization of the apartment has been extended. Everything is required to be carried out according to the law, without violating the rules for privatization.
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Citizens of our country can register the rights to their housing absolutely free of charge since 1991, when the law on privatization was first introduced. According to its text, the owners of municipal apartments could receive them in their ownership and dispose of them as they wish: sell, rent, register someone on the occupied area or arrange housing as a gift.
Due to the fact that those wishing to participate in this state project there were many, the deadlines for its expiration were constantly postponed.
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From the materials of this article you will find out until what time the free privatization of apartments and other housing has been extended, whether there are specific dates: a year, a month or a date when the federal law on the privatization of state and municipal property ceases to operate.
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Rumors about changing the terms of this law constantly changed and filled the media. Not so long ago, the pages of publications were full of headlines that V.V. Putin extended the free privatization of apartments until 2018.
Let's see if this is true, shall we?
In fact, the deputies made a similar proposal and it was even adopted in the first reading, but then everything changed a little. On February 8, 2015, the president did indeed sign new edition law, but with completely different terms. According to the regulation, they increased only for a year - until March 1, 2016. Note that closer to the end of the allotted period, the State Duma once again revised the text of the document and established new threshold– until March 1, 2017. This is done so that citizens hurry up with the registration of their rights, which have been possible for free for more than 25 years.
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The explanatory note that was attached to the document had several provisions that explained the postponement.
Is it possible to talk about extending the terms of housing privatization until 2018, will it be possible to process all the papers after the appointed time? It is too early to talk about this, but the trend is developing in such a way that it is still possible, despite the fact that back in 2012, D.A. Medvedev was told that it was impossible to constantly postpone and slow down the process of completing the acquisition of real estate rights.
There were several versions of bills on the denationalization of real estate.
It all started back in 2004, when small changes began to take place, for example, it was proposed to prohibit the privatization of apartments purchased after 2005, and to extend the process of claiming one's rights until 2007. Then the deputies came to the conclusion that everyone who did not have time could either buy the living space from the state or rent it. But this only spurred the whole process, residents began to apply at an astronomical rate.
This led to the fact that in 2006 the court canceled the provision on the prohibition of registration of rights to housing acquired after 2005, and extended the law for another 4 years.
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In January 2010, the deputies of the State Duma again revised all the provisions and once again postponed their validity, now until 2013. All from the fact that the population did not have time to complete all the necessary documents.
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The new law on the extension of housing privatization became known in 2015, after the government adopted it in the third reading. What changed?
Only those who could not claim their rights to property for good reasons earlier, for example, those who served time in prison or defend their positions in judicial order. In addition, disabled people, orphans who graduated from orphanages and those who are in dire need of improved living conditions will be able to take advantage of free recognition as the owner of housing.
As we now know, at the end of 2015 and 2016, the validity period of the provision adopted back in 1991 changed again. What will happen next is not yet clear, so if you have not yet thought about becoming a full-fledged owner of the area where you live, decide quickly. Until what year you can take advantage of the free privatization of apartments, houses and other housing in Russia, it may become completely clear in a few years.
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While the authorities are deciding what to do with the law and whether to meet the needs of the citizens again, you can start collecting the necessary papers, which, by the way, are quite a lot. Don't waste your time, let's get started.
We discussed this process in more detail here. Therefore, we will touch on it somewhat superficially, indicating the main points. Please note that the law
First you need to collect 2 types of document packages.
Let's take a closer look at both groups:
The first one includes:
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The second group includes:
All this must be submitted to the housing department at the location of the apartment. In a couple of months, he will make a decision, if everything goes well, then you will receive a special document allowing you to come into your own. With it, you will need to contact Rosriestr and register it in your apartment.
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Remember that the current version of the federal law 178-FZ on the privatization of housing and residential premises contains in Article 16 information on obligations to pay the owner's funds for major repairs. Becoming a full-fledged owner of real estate, you will have to pay a little more on receipts for utility services than before.
First, let's figure out why to register it as a property.
In fact, this has a number of advantages:
If you want to exercise your right and start collecting documents, please note that you will need 2 packages of papers - for the building and for the land.
Amendments made to the law in 215 allow owners of small and medium-sized businesses to purchase rented areas for possession at market prices. This process is called "small privatization".
Consider what benefits entrepreneurs have after accepting all the corrections.
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We note the actions that can be considered illegal in the process of preparing and registering your rights to real estate:
Let's consider these cases in more detail.
The first and second are quite clear. If a citizen is already 14 years old, then he is an independent participant in the process, so it is imperative to provide his consent or refusal in writing. Residents of our country can once participate in privatization, neglect of this provision is a direct violation.
The third point requires some clarification. Illegal deprivation of rights is considered a fairly common fraudulent scheme.
For example, when a resident is in places not so remote or is serving in the army, and his relatives write him out of the apartment without explaining the reasons, without allocating him a share.
Or another option. If one of the registered does not live in this housing, then the other owners can enlist the testimony of neighbors and discharge this citizen.
There is no statute of limitations for such crimes, so you can go to court with a lawsuit and challenge the privatization at any time.
Let's sum up what has been said.
Despite the fact that the deadline for the privatization of apartments, houses and other housing in Russia is constantly changing, analysts agree that 218 will be the last year when the government will meet the needs of citizens. So hurry up with registering your property. Remember the advantage of full ownership of living space, because the law on the sale of a privatized apartment will allow you to carry out any property transactions with it and not depend on anyone when making certain decisions. We hope that the information presented in this article will be a useful guide for you on how to proceed.
Now for citizens who have not privatized the housing in which they live under a social tenancy agreement, the issue of extending free privatization is acute. Legislators, taking into account this situation and the newly arisen excitement before the end of the free housing privatization program scheduled for March 1, 2017, adopted Law No. 14-FZ of February 22, 2017, according to which privatization is extended once again, but indefinitely . on an ongoing basis).
Earlier (in 2016), a number of bills were sent to the State Duma of the Russian Federation, providing for the extension of the privatization period for another year. These initiatives were rejected by the State Duma, which led to the conclusion that privatization for all categories of citizens of the Russian Federation would no longer be extended (this was the opinion of the Government of the Russian Federation).
The country's leadership several times postponed the deadline for registering the transfer of municipal property to citizens for a short time, trying to encourage citizens to register apartments for ownership. Moreover, it was previously stated that free privatization cannot be unlimited, and therefore, at the end of it, a paid procedure for acquiring municipal housing into the property of citizens was assumed.
On January 13, 2017, draft law No. on amending Art. 2 of the Federal Law of December 29, 2004 No. 189-FZ (as amended on July 3, 2016) “On the Enactment of the Housing Code of the Russian Federation” was submitted to the State Duma of the Russian Federation for consideration.
According to it, it was proposed that privatization be extended until 01/01/2020, but only for certain categories of citizens of the Russian Federation.
The rest of the groups of citizens not specified in the draft law, after the deadline established by law (03/01/2017), would not be able to transfer housing into ownership free of charge.
However, after the adoption of the bill in the first reading (01/27/2017), 22 amendments were provided for it. It is known that its authors, namely Sidyakin A.G. (first deputy chairman of the profile committee of the State Duma on housing policy and housing and communal services) and Kachkaev 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.
On February 7, the draft law, with appropriate amendments, was submitted to the State Duma for consideration, and a day later it was adopted in the second reading. The third reading was held on February 10, at the meeting of which it was decided to adopt the relevant law.
After 5 days, the document was approved by the Federation Council and sent to the President of the Russian Federation V.V. Putin. So, on February 22, he signed Federal Law No. 14-FZ dated February 22, 2017 “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid”, after which it was published and entered into force.
The termless privatization of municipal housing is envisaged for all citizens of the Russian Federation.
However, when discussing an increase in the time frame for free privatization, legislators offered such an opportunity only for the following categories of citizens:
AT explanatory note attached to the bill, the reasons for the extension for each of the above groups were indicated.
Free privatization in the Russian Federation began in 1992. This process was supposed to end in 2007, but the deadline was extended many times. Earlier, Russian Prime Minister Dmitry Medvedev said that privatization cannot be extended indefinitely. In support of this statement, arguments were given that this process takes a very long time and those who wanted to register housing as property have already done so.
In addition, according to statistics, almost the entire housing stock subject to privatization has already been registered as the property of citizens (according to the Ministry of Construction and Housing and Public Utilities of the Russian Federation - more than 85%), in connection with which social fund is not formed. The formation of a social housing fund is impossible to implement, which leads to the postponement of the provision of housing to those persons who are in the queue for receiving it.
The time limits have been lifted completely, in other words, all the remaining uncovered residents have the right to transfer their apartment into ownership.
About 20% of the country's residents did not have time to use the state program, so the indefinite extension saved the situation for many citizens. Since there are enough emergency, dilapidated housing in the federal subjects, apartments in military camps and service housing, dormitories, there are many controversial situations. People have been drawing up permission for privatization for years, reconciling conflict points or getting archival data.
There are certain rules, quite simplified and transparent, that must be followed. Errors and misunderstandings result in unexpected processing delays or denials. Deals with the issues of privatization of real estate housing department of the municipality. Citizens have the right to receive an apartment for free once in their life, children after coming of age receive a repetition of the opportunity, only for them an exception is made to the rules.
The privatization of the apartment has been extended so that citizens have time to resolve all their issues and consider whether it is worth becoming owners. The state free program has been running successfully for 25 years, being modified and improved in all areas.
To become owners, people need to write an application to the privatization department and attach a package of necessary documentation. There is a basic package required in all cases, and separate materials in each case. The period of validity of individual certificates is also limited, they lose their legal significance. Therefore, this fact should certainly be taken into account and documents should be prepared in the order of the required queue.
At a time when housing belonged to the state, it was impossible to manage it comprehensively. For example, it was impossible to inherit or sell an apartment, we had to invent workarounds. If the grandchildren inherited the apartment, then the grandmother had to take care of the registration during her lifetime. I had to write petitions and apply to the housing office, where they refused or allowed to register.
In no way was it possible to have two living spaces, it was impossible to take care of the further residence of the children. Also, it was not possible to invest in real estate, on a par with developers to be equity holders of a new house. It became possible to become the owner and dispose of the apartment for a nominal fee, the transfer of real estate acquired, in fact, a state scope.
The state actively promoted privatization due to the unprofitability of the housing and communal services system. By becoming the owner, the tenant assumes full responsibility and is obliged to pay the costs of maintaining the apartment. Currently, there are enough cases when citizens decide to reverse the procedure and return housing to the municipal fund. This action is connected with the fact that it will not be necessary to pay for some items of housing maintenance, for example, for major repairs.
In the event of an accident, the municipal facility is replaced by another apartment, the owner covers the risks on his own. In addition, residents of a non-privatized apartment can count on benefits and subsidies that are not allowed for owners. That is why it is sometimes more profitable not to be the owner, not to be responsible for the safety of property from fire, flood and other unforeseen circumstances. Important is the absence of property tax, which will soon grow significantly.
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According to the general rules, each citizen living in an apartment must decide whether he wants to become the owner of his share of the living space. Shares are provided equal to everyone, the refusal is written in a notary. The objector will receive the right of lifelong residence, but will not be the owner. While there is no such document, the apartment is divided into equal shares between all registered persons. Children participate in privatization without fail.
The fact that the procedure received an untimely continuation and now there is no need to rush is of the utmost importance. If the family lives in a dormitory or service apartment, then you have to sue the legal owner for the right to become the owner. Courts take a long time and can have several processes, which, now that the free privatization has been extended, can be ignored.
Everyone can actively protect their rights and go through all the lengthy procedures. Suffice it to say that a direct check in the housing department and obtaining a certificate for privatization takes three months. During this period, tenants of the apartment may be born and die, the process of treatment will have to be repeated, taking into account the changes. Quite often, it will be necessary to provide evidence that the person concerned has not previously received an apartment for free.
We have to apply to the archives, write requests to the passport offices at the former place of residence. One incorrect certificate and the data provided will require again sufficient collection of documents. Careful verification is necessary to prevent potential abuse.
The following categories of citizens can receive housing free of charge for the second time:
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An apartment can be issued in joint ownership or immediately declare shared registration in equal parts. In other words, citizens are issued one certificate or several, according to the number of participants. In practice, there are situations when the procedure is recognized as invalid privatization. This is done only in court and requires convincing reasons for this.
After receiving a privatization agreement in the housing department, it should be submitted to Rosreestr. This can be done at any convenient time, after obtaining permission, you will need to re-collect expired certificates or use those that were provided for privatization.
In both cases, those who wish can apply to the MFC, where they receive permission for privatization and enter information about the object into the Rosreestr, receiving a certificate of ownership. In the future, it becomes impossible to change your mind or challenge the actions taken, which is why verification is such a complicated procedure.
Rosreestr has the right to check the submitted information within a month; registration of a property may be denied for good reasons. If employees have doubts about the legality and validity of the document, the state fee has been paid incorrectly or in violation of procedural rules. For example, applicants may have an expired passport, illegible other certificates and certificates. Refusal is made in writing with the obligatory indication of the reasons correlated with the legislation.
The procedure for changing ownership is really free, but obtaining certificates, archival information or legal costs will require personal funds. Evidence of changes becomes especially important, for example, the postal address of the apartment, the names of residents, their personal passport data. Disputes between family members on the need for privatization sometimes reach the court, since the full consent of all citizens is required.
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For example, one or more registered citizens have previously participated in privatization and lose the right to apply for this apartment. The issue of discharged citizens for a long period, for example, military service, also arises during privatization, if they are recorded in an order for an apartment. There is now the necessary time to resolve complex issues, the privatization of the apartment has been extended. Everything is required to be carried out according to the law, without violating the rules for privatization.
Now for citizens who have not privatized the housing in which they live under a social tenancy agreement, the issue of extending free privatization is acute. Legislators, taking into account this situation and the newly arisen excitement before the end of the free housing privatization program scheduled for March 1, 2017, adopted Law No. 14-FZ of February 22, 2017, according to which privatization is extended once again, but indefinitely . on an ongoing basis).
Earlier (in 2016), a number of bills were sent to the State Duma of the Russian Federation, providing for the extension of the privatization period for another year. These initiatives were rejected by the State Duma, which led to the conclusion that privatization for all categories of citizens of the Russian Federation would no longer be extended (this was the opinion of the Government of the Russian Federation).
The country's leadership several times postponed the deadline for registering the transfer of municipal property to citizens for a short time, trying to encourage citizens to register apartments for ownership. Moreover, it was previously stated that free privatization cannot be unlimited, and therefore, at the end of it, a paid procedure for acquiring municipal housing into the property of citizens was assumed.
Free legal advice:
On January 13, 2017, draft law No. on amending Art. 2 of the Federal Law of December 29, 2004 No. 189-FZ (as amended on July 3, 2016) “On the Enactment of the Housing Code of the Russian Federation” was submitted to the State Duma of the Russian Federation for consideration.
According to it, it was proposed that privatization be extended until 01/01/2020, but only for certain categories of citizens of the Russian Federation.
The rest of the groups of citizens not specified in the draft law, after the deadline established by law (03/01/2017), would not be able to transfer housing into ownership free of charge.
However, after the adoption of the bill in the first reading (01/27/2017), 22 amendments were provided for it. It is known that its authors, namely Sidyakin A.G. (first deputy chairman of the profile committee of the State Duma on housing policy and housing and communal services) and Kachkaev 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.
On February 7, the draft law, with appropriate amendments, was submitted to the State Duma for consideration, and a day later it was adopted in the second reading. The third reading was held on February 10, at the meeting of which it was decided to adopt the relevant law.
Free legal advice:
After 5 days, the document was approved by the Federation Council and sent to the President of the Russian Federation V.V. Putin. So, on February 22, he signed Federal Law No. 14-FZ dated February 22, 2017 “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid”, after which it was published and entered into force.
The termless privatization of municipal housing is envisaged for all citizens of the Russian Federation.
However, when discussing an increase in the time frame for free privatization, legislators offered such an opportunity only for the following categories of citizens:
An explanatory note attached to the bill stated the reasons for the extension for each of the above groups.
Free legal advice:
Free privatization in the Russian Federation began in 1992. This process was supposed to end in 2007, but the deadline was extended many times. Earlier, Russian Prime Minister Dmitry Medvedev said that privatization cannot be extended indefinitely. In support of this statement, arguments were given that this process takes a very long time and those who wanted to register housing as property have already done so.
In addition, according to statistics, almost the entire housing stock subject to privatization has already been registered as the property of citizens (according to the Ministry of Construction and Housing and Public Utilities of the Russian Federation - more than 85%), in connection with which the social fund is not being formed. The formation of a social housing fund is impossible to implement, which leads to the postponement of the provision of housing to those persons who are in the queue for receiving it.
The privatization of the apartment has been extended until the next deadline - on March 1, 2018, according to the results of research, a third of the housing has not been registered in ownership.
Many citizens are waiting in line for their own square or waiting to move into new homes, which explains the delay.
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Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how to solve your problem, please contact the consultant:
Now the question of the privatization of an apartment is still relevant: how long the procedure has been extended, and what documents are needed to register housing as a property.
There is good news - the deadline has been moved again. You can privatize housing until March 1, 2018. The rest of the conditions remain unchanged.
Privatization of housing started in 1992. The date of completion of the registration of apartments and rooms in the property was constantly shifted to a later date.
One of the reasons for this is the huge flow of documents coming from citizens.
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Based on the law on privatization, this process should have been completed in 2007. However, it was subsequently moved three more times:
Important: the amendments to the law did not affect the legal side of the issue. Citizens can still take advantage of the opportunity to get municipal or state housing in their ownership for free only once.
Let's be honest: the free privatization of apartments was not immediately extended until 2018. Although this bill was discussed in the Duma back in 2015, it was not adopted.
Initially, the deadline was set for March 1, 2016. Then it was decided to add another year.
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Finally, a new amendment was adopted, and now the privatization of apartments has been extended until what date? Until March 1, 2018.
The reader may have a question: why do they talk so much about the privatization of an apartment and postpone the deadlines from year to year? There are several reasons for this.
According to survey results, about a third of apartments remain unprivatized.
One can imagine how many potential appeals to municipal services are behind this figure.
It is worth considering that if the living space is on the balance sheet of the state, the budget does not receive funds from real estate taxes.
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In fact, the cost of capital repairs should also be carried out from the treasury.
Given the current economic situation, such costs are simply impossible.
This is another reason for the privatization of the apartment to be officially extended.
Amendments to the law only changed the answer to the question: until what time is the free privatization of apartments extended? The algorithm of actions remained the same.
Here is all that needs to be done by a citizen who lives in an apartment under a social tenancy agreement (do not confuse it with renting a dwelling between individuals):
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The package of documents for the removal of an apartment in the property includes:
Applicants who are registered at this address, but have previously used the right to privatize, need to issue a certificate confirming this fact.
Also, if a citizen replaced a passport in the period from September 1, 1991, an appropriate replacement document is needed.
If the applicant lives in the apartment by court order, then the form should also be included in the package of documents.
If we talk about the privatization of an apartment on a general basis, the applicant needs to submit documents to the housing management department of the administration of this district.
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It takes 2 months to make a decision on the application.
If no discrepancies are found in the documents, registration will consist of the following steps:
What difficulties may arise with privatization? For example, the living area was listed behind a large plant, which was liquidated.
If the apartment has not yet been accepted into municipal ownership, it may be difficult to register it.
In such a situation, the applicant has to apply to the court.
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First, the court decides that, by law, this housing can be transferred to ownership.
Based on this decision, a certificate of title is issued for the apartment.
Summarizing this point, we note: in order to privatize an apartment, a citizen should contact the housing department of the district administration and submit an application with a package of documents.
The law, on the basis of which it is determined by how long the free privatization of apartments is extended, also stipulates other aspects of this procedure.
For example, you can get a living space in the property only once.
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If a person participated in privatization as a minor, re-privatization is allowed upon reaching the age of 18.
Several more categories of citizens can re-get living space. Among them:
All transactions are recorded in the USRR, and the owner is issued a model certificate.
Considering how long the privatization of an apartment has been officially extended, it is worth finding out why this procedure is being carried out.
Registration of housing in the property gives a citizen the right to dispose of it and perform such actions as:
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Do you have any questions? Find out how to solve your particular problem - call right now:
From the moment the certificate is received, the citizen is charged real estate tax and contributions for major repairs.
Thus, if you prepare a package of documents, it is not so difficult to privatize housing. To do this, you need to meet the deadline - until March 1, 2018.
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On February 28 of this year, Russian President Vladimir Putin signed Federal Law No. 20 on amendments to Federal Law No. 191 “On the Enactment of the Town Planning Code (GRK) of the Russian Federation” and Federal Law No. 122 “On State Registration of Rights to Real Estate”, which approved the completion of privatization apartments (rooms) March 1, 2018.
Changes in the deadlines for the completion of the privatization process did not affect the rights of citizens to register state and municipal housing as property.
The privatization of the apartment was extended until 2018 and the act made changes only to the deadline for the free transfer of real estate.
The deadline for the free transfer of housing is already being extended for the fourth time:
The legislative framework provides for the possibility to use the right to receive free public or municipal housing in personal possession only once.
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Children who have reached the age of majority and who have previously participated in the procedure have the right to once receive an apartment or a room in their ownership under a free housing transfer scheme that they use under social tenancy agreements.
Persons who have received privatized housing or inheritance as a gift have the right to take part in the process of registration of another object that meets the requirements of the law.
The main changes that have affected the process over time have been made:
All transactions are recorded in unified register(EGRP), and the owner is issued a certificate of the established form.
Data on objects that were privatized before 1998 are stored in the regional bureaus of technical inventory, and the USRR has the rest of the information.
Is it possible to privatize corporate housing? Read here.
The appearance of the law was facilitated by statistical data on the pace of privatization of apartments, which show a significant slowdown in recent years.
According to Rosstat, 30% of apartments have not yet been transferred to the personal ownership of citizens on the basis of the free transfer of state property.
The law, as before, implies apartments and rooms for persons living in them under social tenancy agreements and who do not own such a dwelling.
In an explanatory note, the initiative deputy group motivated the need for an extension by the fact that part of the population is waiting for resettlement from emergency houses and housing, which was classified as dilapidated.
When adopting the law, the interests of citizens registered as in need of housing were taken into account. The end of privatization on March 1, 2015 will deprive these persons of receiving housing ownership on an equal basis with others.
The draft law was adopted by the State Duma on February 20 and approved by the Federation Council on February 25.
The President signed Law No. 20-FZ on February 28, 2015, and on the same day the text was published in the official state media.
In accordance with the content of the legislative act, it enters into force from the moment of its publication. Federal Law No. 20 extending the term for the privatization of apartments has been in force since February 28, 2015.
All legal documents and regulations contradicting this Law shall be considered invalid.
Interested citizens should understand that free privatization has been extended until 2018, but the registration procedure, rules and list of documents have not changed.
To register the right to an apartment that a citizen occupies under a social tenancy agreement (order), it is necessary:
The application must be accompanied by a package of documents specified by law.
The Law “On Privatization” requires the following documents to be available for the transfer of rights to housing:
How much does it cost to privatize a summer cottage in 2015? Read here.
Who has the right to privatize a dwelling? Details in this article.
Difficulties in privatization may arise if the building was departmental (for example, it was listed on the balance sheet of a factory that no longer exists), but has not yet been taken over by the municipality.
In such situations, a positive result can only be obtained by a court decision:
Having received the ownership of an apartment, room or other housing, the new owner has the right to dispose of the property at his discretion.
Privatized housing can be:
In addition, legal addresses of commercial enterprises may be located in a privatized apartment, if this does not contradict the law.
When receiving an apartment in possession, it should be taken into account that the current and major repairs are carried out by the owner, and preferential rates for maintenance are a thing of the past.
It is desirable to privatize the land and the surrounding area, which will increase not only the cost of the apartment but also the quality of living.
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