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
Since there are a lot of scammers and simply unskilled employees in this segment of legal services. 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 end of privatization, a law was passed according to which the PRIVATIZATION OF HOUSING WAS EXTENDED, but for PERMANENTLY (i.e., it is now possible to acquire ownership of the occupied living space 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:
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 noted that the current and overhaul is produced by the owner, and preferential service rates 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 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 in the property Changes in the terms of the end of the privatization process did not affect the rights of citizens to registration of state and municipal housing in the 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.
According to official data, every fifth apartment in Russia has not been privatized. Until 1992, the entire housing stock was administered by the state, and citizens rented it on the basis of a social tenancy agreement. According to this agreement, the person living in the apartment had no property rights.
Over the past decades, within the framework of the law on free privatization, people have had the right to re-register housing as personal property. For various reasons, not everyone managed to do this, so the deadlines for extending this procedure on a free basis were once again revised. Now everyone who did not have time to complete the necessary procedures will be able to do it in 2019.
Initially, the possibility of prolonging free privatization only for residents of Crimea and citizens living in emergency houses, but the bill was revised and finalized.
Initially, the State Duma intended to extend the program for the whole of 2019, explaining its decision by the fact that such a period should be enough for those who wish to carry out all stages of re-registration. But on the initiative of the President of the Russian Federation, who had thoroughly studied this issue, a proposal was made to abolish the time limits for free privatization of the housing stock for Russians.
This proposal was supported by almost all factions and was successfully adopted. The document was considered at a meeting on February 15 and approved by the Federation Council on the 17th, and officially approved on February 22, 2017. Federal Law No. 14-FZ of February 22, 2017 “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid” states that Federal Law No. 33-FZ of February 29, 2016 “On Amendments to Article 2 federal law on the Enactment of the Housing Code of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, No. 9, Article 1168) was declared invalid from the moment of signing.
According to the government, the decision on the extension will reduce the hype around this issue and eliminate social tension in certain sections of society.
For those who are interested in changes after the re-registration of housing, it is necessary to understand that taking possession brings with it a number of new rights and obligations:
For the state not privatized apartments become budgetary ballast, since all such expenses for the maintenance of houses and the lack of tax revenue from the owners create a deficit in the corresponding funds.
According to this change in the legislation, about 5.6 billion rubles are expected to be received. annually during 2018-2019. From this point of view, the removal of temporary restrictions on the free privatization of apartments is beneficial not only for owners, but also for the state.
Privatization of an apartment significantly expands the rights of the owner. After re-registration, you can dispose of real estate as follows:
Free privatization is also beneficial for those who plan to link a legal address or a commercial enterprise to an apartment.
There are categories for which the delay was especially important. For example, a big stir arose in the Crimea and Sevastopol after joining in 2014. To the local population it was necessary to study the whole mechanism in detail, consider its algorithm and ways of implementation, which became a problem due to the lack of time required to re-register and replace other important documents. Therefore, in this region things are worse than the others. Initially, it was supposed to prolong for them the period allotted for re-registration until 2020. But in connection with common solution they have the ability to perform all the necessary actions not in an emergency order.
The ability to privatize housing is also extremely important for those people who live in emergency houses planned for demolition. Re-registration of property gives them the right to apply for the issuance of new apartments, so in their case, the delay is extremely important point helping to realize social state guarantees.
In order to have time to re-register an apartment in 2019, you need to prepare the following documents in advance:
If the last time the registration was changed before January 1, 1993, then a certificate from the Housing Office for the previous place of residence will not be needed.
For people with children (family, adopted or in guardianship), a certificate from the department of guardianship and guardianship is additionally required.
In 2019, the process will take place in 3 main stages:
After placing the housing on the technical register in the BTI, the transfer of the housing to private ownership is considered to be fully committed.
Preliminary collection of all necessary data and registration of the application takes no more than a week.
From the moment the package of documents is submitted to the multifunctional center, the rules for considering an application for free privatization begin to operate, which provides for the receipt of a final decision within a time period not exceeding 60 calendar days, that is, 2 months. This decision can be obtained even earlier, provided that the workload of the housing committee is low.
The state registrar serves citizens within one day. In total, re-issuance on average takes about 70 days.
The free privatization program concerns housing that is located in a municipal or state department. The exceptions to this list are:
In the event that the number of adult residents registered in the apartment is more than one, then registration is carried out by one of them, providing all Required documents for the rest. In his person, he represents the interests of all future owners.
If one of the adults registered in housing does not agree to privatization, then it will be impossible to carry out the procedure.
Those citizens who are out of reach at the time of re-registration and cannot officially testify their opinion on this issue (for example, those who are abroad for a long time, in the army or in a place of deprivation of liberty) automatically receive their share after returning.
Adult citizens can exercise the right to free privatization once, and minors - twice: before and after coming of age.
If you wish to re-execute the right to privatization, you will need to pay the full cadastral value housing.
On Wednesday, February 8, the State Duma of the Russian Federation extended the free privatization of housing for an indefinite period. Earlier it was reported that after March 1, 2017, only orphans, people living in dilapidated and dilapidated housing, as well as residents of the Crimea will be able to take ownership of an apartment.
We answer questions about privatization and its extension.
There were practically no private apartments in the Soviet Union. All of them were considered state-owned - they could not be legally sold, only exchanged. Sometimes the same rule extended to individual houses.
Since 1991, a law has been in force in Russia that allows citizens living in municipal or state housing to transfer it to private ownership. The process of this transfer is called privatization.
No. It is impossible to issue emergency and service housing as the property. For example, it is impossible to privatize apartments in military camps. But a room in a hostel can be privatized - provided that the building is in municipal ownership and is not used for its intended purpose: they do not perform the functions of providing temporary housing.
Yes. You will need to pay property tax for this apartment, as well as make monthly contributions for overhaul and pay a "communal" for common house property.
Let's give an example: when you drive a taxi or car sharing car, you do not need to refuel this car, wash it and monitor its technical condition. But it's not your car - you can't give the keys to your friend or relative or sell it. Another person will follow you.
If you buy a car, then this is your property, which must be monitored, repaired and refueled, but you can sell it, donate it or bequeath it at any time.
It is the same with an apartment: if you live under a social tenancy agreement, then you can say that you rent an apartment from a city or state. You have no rights to it and it does not belong to you. You cannot sell it or leave it as an inheritance. After privatization, the apartment becomes yours: if you want - sell it, if you want - rent it out. You can even donate! In addition, as a homeowner, you have the right to take part in the self-management of your home.
But just as in the case of a car, the owner of which is responsible for its technical condition, the owner of the dwelling is obliged to monitor the premises belonging to him. Therefore, privatizing an apartment in a building to be demolished is not a good idea.
Just one time. When privatizing, a document confirming that you have not previously used this right is required.
Registration of housing in the property in Russia is free. However, this process usually takes a long time and involves the collection a large number documents. Therefore, some commercial companies offer their assistance in the collection, execution and support of the transaction - the price for their services starts from 10 thousand rubles.
Yes, but only once. In this case, you will have to conclude a social contract with the municipality. In addition, you will never again be able to privatize an apartment - neither this one, nor any other.
Yes, they have. Of course, there are fewer of them than those that are privately owned, but they exist. For example, orphans are annually provided with living quarters, which they have the right to take ownership of.
Let's quote Alexei Martynov, director of the International Institute of Recent States: "This is an important, positive, strategic decision that concerns all the inhabitants of our country. It changes the approach to the use of personal housing."
In his opinion, the adopted amendments will help minimize the tension around the issue of privatization and reduce the corruption component in the real estate market. Martynov recalled that every time before the end of the period of free privatization, a situation arose when someone did not have time to privatize housing. “Then crooks became more active, even black realtors, various criminal schemes arose. Elderly people suffered especially from scammers,” he said.
The introduction of the amendments, according to the expert, will fundamentally change the situation around housing, as people will be sure that they will be able to privatize social apartments at any time, and then pass them on to their children. "This inspires optimism," Martynov is sure.
Application for privatization.
Documents proving the identity of the applicant and all members of his family, as well as persons registered in the privatized residential premises, and persons entitled to use this premises on the terms of social hiring (for those who have reached the age of 14 - a passport).
Social tenancy agreement for privatized residential premises.
Order / extract from the order of the executive authority for the privatized residential premises.
An extract from the house book for the period from 07/21/1991 until arrival at this place of residence or a similar document replacing it.
A document of the authorized body confirming the unused right to participate in privatization at the previous place of residence, as well as a document confirming the authority of this body to issue the specified document.
Written consent to the privatization of the occupied premises.
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 end date of privatization, a law was passed according to which HOUSING PRIVATIZATION HAS BEEN EXTENDED, but already PERMANENTLY(i.e., it is now possible to acquire ownership of the occupied living space at any time, there is no deadline for the privatization of housing).
Those who have not had time to register their square meters as property through free privatization of housing so far 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.
Having decided to privatize a dwelling, citizens often face problematic cases: documents are lost or their additional collection is required, the dwelling is occupied not on the basis of social employment, but, for example, on an official order, the premises are not registered with the cadastre or there is no information even about its technical characteristics, the occupied dwelling is classified as a specialized housing stock, is located on the territory of closed military camps, the right of ownership to it is not registered in the Register of federal or municipal property. In most of these cases, conflicts or disputes arise, which can only be resolved by judicial means. 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?
This is the minimum list of documents required for privatization, but depending on the situation, other documents, certificates and information may also be required.
If the interests of citizens are represented by a trustee, it is necessary to have a notarized power of attorney and a notarized copy of it, respectively.
In some cases, an important and necessary document is a certificate stating that the applicant has not previously exercised the right to privatize residential premises at the former place of residence. So if a participant in the privatization of an apartment had a residence permit in another city or region, another certificate will be required that the right to privatize was not exercised earlier - in this very other city. It should be borne in mind that in order to obtain such a certificate, most often you have to try very hard, and sometimes travel around the country.
A dwelling may be transferred into the ownership of all citizens living in it, into the ownership of several persons, or into the ownership of one of the persons living together, including minors. Those who do not wish to participate in privatization should issue a notarized refusal. It must be understood that this means a complete renunciation of ownership of the privatized housing. However, if one of the family members refuses to take part in the privatization process at all and the family members cannot agree among themselves on the division of the apartment and partial privatization is prohibited.
Even when preparing all the necessary documents, a refusal is possible, which citizens have the right to challenge in judicial order.
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. The only way to get for them the ownership of such housing is going to court with statement of claim on recognition of the right of ownership in the order of free privatization and obtaining a positive court decision.
The deadline for privatizing the premises depends on how quickly all the necessary documents are prepared. The process of privatization in the usual manner takes an average of 3 months (two of which are spent on the execution of a transfer agreement), and in a judicial proceeding from 4 months or more.
As a result, it becomes difficult to privatize residential premises on your own, because. The privatization process is quite laborious and takes a lot of time.
In order to avoid all the above problems and reduce the risks of privatization, many citizens turn to real estate and law firms. Against the backdrop of the “imaginary expiration of the privatization period” (March 1, 2018), many companies overestimate the cost of services for the privatization of residential premises. However, even those companies that, for a low fee (on average, from 12 to 35 thousand rubles) provide services for registration of property rights in the order of privatization, have all the necessary skills and experience in this matter. In any case, the cost of services of such companies or private lawyers is incomparable with the cost of real estate, which after privatization will be your property. After all, real estate for most Russians is the main and often the only capital.
Real estate for most Russians is the main and often the only capital. Citizens who have privatized housing and thereby become the owners of such housing are granted the right to own, use and dispose of housing at their own discretion. Sell, bequeath, lease, lease this premises, pledge the premises and encumber it in other ways, as well as make other transactions with it.
The process of privatization in some cases requires time, has its own subtleties in design, and not everyone manages to cope with the solution of this issue on their own at the first attempt. To save time, money and nerves, as well as to avoid problems and reduce the risks of privatization registration, it is better to contact specialists.
The legal company "SOVETNIK-PLUS" provides services for the privatization of real estate in the Krasnogorsk and Istra districts, as well as in Moscow and the Moscow region. The company's specialists have positive experience in privatization, both in general and in court. If you have any questions, you need advice on privatization or legal assistance on privatization - please contact the company "SOVETNIK-PLUS".
Acquainted with legal services for the privatization of apartments, rooms or houses, you can here:
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.
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:
On February 28, 2017, Law No. 20 was signed, which fixed the changes made to acts No. 191-FZ "On the Enactment of the Town Planning Code of the Russian Federation" and No. 122-FZ "On State Registration of Rights to Real Estate".
Important: 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.
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.
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.
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 contract of employment (not to be confused with):
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.
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.
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.
