Has a decision been made on indefinite privatization?  The privatization of apartments has become indefinite.  Who will benefit

Has a decision been made on indefinite privatization? The privatization of apartments has become indefinite. Who will benefit

Free privatization of housing, which was extended over and over again as the next deadline for its completion approached, became indefinite. The relevant law was signed by the President and entered into force. You can now become the owner of a socially rented apartment at any time. If, of course, such a desire appears.

Who and how can privatize housing

By itself, the procedure for privatization of housing has not changed. As before, citizens living in an apartment (house) on the rights of social tenancy, as well as members of the employer's family registered in this housing, can exercise their right to free privatization. We are talking here about the housing of the state or municipal housing stock, which, for the most part, was provided to the population back in Soviet times.

There are only two significant restrictions on the right free privatization:

  1. it can be used only once, with the exception of cases when a citizen participated in privatization while still under age;
  2. housing should not be in emergency, but may be in a state requiring major repairs.

The easiest way to privatize housing is to contact a multifunctional center (MFC). Here you can get advice, draw up and submit an application with the application of the established package of documents. Many MFC documents claims himself - in the order of interdepartmental interaction. But some will have to be assembled by yourself. The process itself is simplified to a minimum. Approximate time from submission of a package of documents to execution of a privatization agreement - 70 days. The only expenses are the payment of a state duty in the amount of 2000 rubles. Some additional costs may be incurred by other services, for example, issuing a new cadastral passport. For the housing itself and the execution of the contract, no payments need to be made. Privatization in this regard is really free.

After registration of ownership, it is necessary to report this to tax authority at the place of registration as an individual taxpayer, if the notification to the Federal Tax Service Inspectorate is not sent by the body for registering rights to real estate on its own.

Privatization of housing in Russia: how it was from the very beginning

Privatization of housing in Russia is a unique phenomenon in world practice. No, privatization itself took place in many countries, especially in the post-Soviet space. But for free - nowhere. And it is thanks to this approach that the number of owners of residential real estate in Russia has increased, firstly, very sharply, and secondly, very significantly.

The housing privatization program was conceived as far back as the Yeltsin era as a legal mechanism to allow citizens to register ownership of Soviet-era apartments free of charge. The owners of such living space were significantly limited in their rights and could not dispose of the apartments or the house at their discretion. The only thing that was available was an exchange. And even then with restrictions, the overcoming of which required the use of various kinds of schemes, far from always absolutely legal.

After allowing free privatization, many tenants took advantage of this right. True, many later went the opposite way - deprivatization. To date, about a third of apartments and houses are not privatized. At the same time, special activity in the registration of ownership of socially rented housing, last years was not observed. One of the serious factors of this trend is the deplorable state of the old housing stock and the need to pay after registration of property. property tax, and today - also contributions for overhaul. Against this background, many who want to privatize housing simply solve the problem of getting the opportunity to sell or rent it, but not to acquire the “long-awaited right of ownership”.

The decline in demand for privatization began to be noted 10 years ago. True, by this moment the deadlines for its completion, originally established by the new housing legislation, were already coming to an end. After 2007, the terms of privatization began to be extended, despite the fact that there was no greater excitement. The extension was often justified by giving tenants another chance to become owners. But one cannot fail to note the objective reality: having an asset in the form of an old housing stock on the balance sheet is expensive for municipalities that are the main landlords.

Should housing be privatized?

Privatization is voluntary. And if you previously put off this procedure, now you definitely should not rush. Ownership will need to be formalized for those who plan now or in the future to sell, rent, or otherwise dispose of their home. wisely evaluate and financial expenses for content. By the way, they are perhaps the only aspect by which the state can stimulate an increase in demand for privatization, for example, by increasing tariffs for social housing rentals. So far, the newly minted owners expect only new costs - this is property tax and overhaul contributions that tenants do not pay. In general, the calculations for tenants and owners are different, and you need to evaluate them in comparison, in relation to a particular house and apartment.

According to statistics for the period up to 2014, about 80% of housing was privatized in Russia. Free privatization of housing was extended by one year every year.

In 2017, the Government of the Russian Federation proposed to make the privatization of housing indefinite. Initially, they wanted to extend the privatization of housing only for residents of the Crimea and the military, but after long discussions, it was decided to extend the privatization indefinitely for all Russian citizens. And so, on February 22, 2017, the President of the Russian Federation signed amendments to the law on the enactment Housing Code RF, which allow indefinitely to extend the program of free privatization of housing for Russian citizens.

What documents are required

A complete list of documents required for the privatization of a municipal apartment is established both by federal legislation and local laws. Below we give an approximate list of documents required for privatization. The following documents are attached to the application for the privatization of an apartment:

  1. passports of all tenants, without exception, who will take part in the privatization;
  2. technical and cadastral passport for an apartment;
  3. a social tenancy agreement or an order to move into the specified apartment;
  4. an extract from the house book about all persons registered in the apartment;
  5. an extract from the personal account on the absence of arrears in utility bills;
  6. a certificate stating that a citizen wishing to take part in privatization has not previously participated in privatization;
  7. power of attorney (in the event that one family member or representative will be involved in the privatization of the apartment).
Where are the documents for the privatization of housing

After collecting the full package of documents for the privatization of the apartment, you must contact the housing management department of the municipal administration. In Moscow, documents can be submitted to the My Documents Public Services Center.

If all the documents are in order, then the employees of the local administration draw up a privatization agreement. Refusal to privatize can be challenged in court.

After drawing up the contract, a citizen can safely go to the Rosreestr branch and register the ownership of housing in the Unified state register rights to real estate and deals with it. This is where privatization ends.

Pros and cons of privatization

The main disadvantage is the increase in housing costs. These expenses include annual tax on property and increase utility bills(in the column appears the amount for the maintenance of common areas and the cost of major repairs of housing).

The main advantage is that after privatization the citizen becomes the owner of the apartment. He has the right to fully dispose of it - the apartment can be sold, changed, donated or left as a legacy. Also, the owner has the opportunity to register any person to his apartment.

Those citizens who have already exercised their right to privatize an apartment have the right to re-privatize or, in other words, give up ownership of housing.

Having learned all the pros and cons of privatized housing, it is up to you to decide whether to use the termless privatization of housing or not.

Back in Soviet times, the concept of privatization arose in Russia. Since then, this issue has caused a lot of trouble. At first, the indefinite privatization of housing was planned. Over time, in Russia this right was decided to be taken away. Every now and then people heard the news that they want to close privatization on a free basis. Only in 2017, a similar issue was resolved once and for all. The President of the Russian Federation signed a law allowing always to privatize property free of charge. Free privatization is a right offered by no means to everyone. And with this feature we have to get acquainted further. What should every resident of the Russian Federation know about the issue under study?

Definition

The law on free privatization of housing is not a fairy tale. He really was accepted. And now the population of the country can exercise their right to privatize property at any time.

But what is it about? Privatization refers to the process of transferring ownership of a municipal or state property into private ownership. Of course, citizens will have to have certain grounds for the operation. Only a specific circle of persons can privatize this or that housing. We will describe how to do this below.

Eternal Change

In February 2017, a law on the indefinite privatization of housing was signed. More precisely, the President signed a Decree repealing certain norms of the rules for the re-registration of state property into private property.

Previously, it was assumed that the right to free privatization would end on March 1, 2017. Prior to this, the operation was proposed to be canceled even earlier. But the government did not agree to such a move.

Until 2017, it was proposed to extend free privatization for residents of emergency houses, orphans and residents of the Crimea. This right was offered until 2020 inclusive.

Despite all this, Russia has now adopted a law on the indefinite privatization of housing. So, you can not rush to exercise your rights. Statistics show that now about 78% of the housing stock has been privatized in the country. And this number is growing rapidly.

About quantities

By current rules in Russia, every citizen can privatize public housing. But only under certain circumstances. We will look at them later.

To begin with, it is worth paying attention to one nuance. The thing is that the termless privatization of housing is a free procedure. But only once. You will have to pay for the privatization of the second and subsequent apartments. This is a legal requirement.

That is free right privatization is offered only once in a lifetime. The exception is children. If they privatized housing before the age of majority, then the mentioned right is reserved for them even after 18 years. Such cases are not rare.

How many times can you participate in the permanent privatization of housing? As many as you like. But you can exercise the right for free once.

Who is supposed to?

Who can privatize property in Russia? In fact, all citizens of the Russian Federation have the studied right. But only under certain conditions.

Perpetual privatization of housing allows re-registration of state-owned apartments into private property for all persons registered in a particular territory. Usually, a social contract of employment is concluded with tenants for this. With its help, further actions will take place.

Third parties will not be able to privatize an apartment or a house. To do this, they will have to register in housing on a permanent basis. Temporary registration does not provide for the right to privatization.

Action algorithm

The law on unlimited free privatization of housing has been signed. But it did not affect the implementation of the process in any way. How to bring the idea to life?

This will require:

  1. Collect a certain package of documents. We will consider the list of securities required for privatization later.
  2. Compile an application in the prescribed form.
  3. Contact the city administration (department of housing issues) with the appropriate request.
  4. Wait for an answer.
  5. Sign a privatization agreement. As a rule, it is enough just to sign the relevant agreement.
  6. Re-register ownership of property in Rosreestr.

After the actions taken, all participants in privatization will receive ownership of one or another part of the housing. Usually the property is divided in equal shares. The ownership will be shared. To allocate parts in kind, it is better to immediately go to court.

Features of the procedure

The State Duma on the indefinite privatization of housing in Russia thought quite often. And now this issue is resolved. Just re-registering an apartment or a house is not easy.

Why? Privatization has many features. If you do not take them into account, you will not be able to exercise your legal right.

To privatize residential property, each potential participant must remember the following rules:

  1. Before submitting a request to the administration, all citizens registered in the apartment agree with the operation. Otherwise, a notarized refusal will have to be obtained from the dissenter. Such a person will not be evicted from the apartment, but he may not count on a share in the property. The absence of the mentioned documents makes privatization impossible.
  2. Children under the age of 14 cannot be excluded from the list of participants. Minors may not participate in privatization only with the consent of the guardianship authorities. Obtaining such permission can be problematic. Therefore, most often children participate in privatization along with other residents of housing.
  3. The operation may be denied. The administration will have to explain the reason for its decision. It is prohibited to refuse privatization without grounds.

Perhaps that's all. The indefinite privatization of housing allowed citizens to take their time in exercising their legal rights. Now you can bring your idea to life at any convenient time.

About Documents

What documents will be useful for the implementation of privatization? Recently, in Russia, the operation under study requires a minimum of paperwork. However, to get them, you have to try.

You can sign a privatization agreement upon presentation of the following documents:

  • statements of the established form;
  • information about the composition of the family;
  • extracts from BTI;
  • birth certificates of all children participating in the operation;
  • registration certificates (for minors under 14 years old);
  • passports of privatization participants;
  • refusal to participate in the procedure (you need to notarize the papers);
  • extracts from the USRR;
  • marriage/divorce certificates (if any);
  • warrants for an apartment (optional);
  • social contracts.

If one of the children is removed from the operation, as we have already said, written consent from the guardianship authorities will be required. You must bring the original document with you.

Terms of consideration of the request

The indefinite privatization of housing did not affect the timing of consideration of applications of the established form. According to the current rules, on average, requests are studied within 30 days.

After the city administration makes a decision, it is necessary to notify the response in writing. This is done within a maximum of 5 days.

As already mentioned, after a positive answer regarding the issue of privatization, citizens come to the city administration with passports and sign an agreement.

Entering new information about the owners in Rosreestr takes from 3 to 10 days. Usually, extracts of property rights are issued on the 5th day after citizens apply for them.

For registration of rights

Privatization of housing has become indefinite. And now citizens can exercise their rights at any time. Making an apartment in private ownership with some preparation is not so difficult.

To register the ownership of property in Rosreestr, you will need:

  • statement;
  • passports of participants in the operation;
  • privatization agreement;
  • old extract from the USRR (if any).

Everything is much easier than it seems. The indefinite privatization of housing pleases all residents of Russia. Now there is no need to urgently resolve this issue.

In February this year, a law was adopted on the unlimited free privatization of real estate, now every citizen of Russia can at any time get their hands on property without additional payments. The program applies to one housing, it will be possible to privatize an apartment for the second and third time only for a fee. Initially, V.V. Putin proposed to adopt this law.

The program was extended several times, the last time it was supposed to end in March this year. Initially, in February, the deputies planned to extend the bill for two years (until 2019), but after a couple of days they proposed to make the privatization indefinite. This decision was supported by Prime Minister Dmitry Anatolyevich Medvedev and President Vladimir Vladimirovich Putin. The law has already entered into force.

This issue has been worked out for a long time, but for a long time the deputies did not dare to make a positive decision. At the same time, it is very important to carry out explanatory work with the population so that people understand what privatization is, what pros and cons it brings. Because not everyone realizes that it is possible not to privatize real estate and sleep peacefully.

How does privatization affect the state? This program leads to a reduction in the state and municipal fund. In the future, non-privatized real estate could be used for those on the waiting list and other participants in government projects.

Basic principles of privatization

As before, housing can be privatized for free only once. Everyone living in the apartment must give consent, no one has the right to force other members to make a positive decision. At the same time, it is impossible to privatize housing that is in disrepair, closed military cities, as well as in boarding schools.

Today, privatization can be performed at the MFC (multifunctional centers), where an application is submitted. The specialist is obliged to issue a list of documents that will need to be provided for the procedure. If the applicant is a representative of one of the absent privatization participants, he must attach a power of attorney.

There are four forms of ownership after privatization:

1. Individual. It is possible if the apartment is issued by one resident or when the rest officially waive their share in favor of one person.

2. Equity. Real estate is not necessarily divided equally, just each participant has his own share in the apartment. In some cases, this is quite convenient. If, for example, in three-room apartment three people live and a room is assigned to each, in the future it will be possible to avoid problems with the division of property.

3. Common shared ownership. The object is divided in equal parts among all privatization participants.

4. Common joint property. In this case, there are no shares as such, everyone who participated in privatization is the owner. In this case, any decision in the future is taken collectively.

Benefits of privatizing a residential property:

1. The ability to dispose of your property. Privatized housing can be rented out, resold, bequeathed to others. Also, real estate can be used as collateral in various financial institutions. Banks in such cases are more willing to issue loans. The owner has the right, at will, to register and write out any person from his apartment. When conducting repair work can be much easier to do re-planning.

2. No need to pay monthly rent. Those who live in municipal apartments are in fact rented. Therefore, they must pay the state for rent. By privatizing an object, you receive it as your own property.

3. Security. It is extremely difficult to evict the owner from such an apartment, more precisely, it is almost impossible.

4. It is easier to divide the property when fractional ownership. For example, if the spouses decide to divorce, each will receive their share. You can also dispose of your share independently of other owners. At the same time, it should be remembered that the other owners of this property have the primary right to purchase the sold part.

Disadvantages of privatization of residential premises:

1 Property tax (calculated from cadastral value which grows every year).

2. Expensive utilities. Owners have to pay higher rates.

3. Paperwork. Everything about everything takes at least 3 months, during which time you will need to go through many instances and collect a whole pile of papers.

Basically, privatization is resorted to because of the fear of losing housing. Plus, municipal real estate cannot be bequeathed. In the event of the death of the last tenant, the object is returned to the state. If we are talking about the division of property, then it is carried out only through the court. In some cases, you can lose an apartment if you do not pay for a communal apartment on time. They can easily be evicted from a state-owned apartment for debts to housing and communal services.

In what cases do experts recommend necessarily considering privatization? If you plan to sell or exchange real estate. And for those who are in line for improvement living conditions, do not rush into this matter. Pensioners should also think about the consequences, as payment for an apartment after privatization will increase. Plus, if the house collapses as a result of natural disasters, fire, etc., there is a risk of being left without a roof over your head.

The case of the privatization of the apartment

In order to avoid problems with queues, representatives of the MFC recommend that one person be engaged in privatization. The rest can simply issue a power of attorney. It is worth deciding in advance which of all the participants will be the owner. “It can be either one person or several people at the same time. In the second case, the type of ownership and the size of the share of each are determined,” says Alexey Shmonov, CEO and co-founder of the online real estate portal Move.ru. Please note: minors can now become the owner.

A request for privatization can also be submitted through the State Services portal, which significantly saves time. To do this, you need to pre-register. There is no fee to apply, but some costs will still apply. You will have to pay for the plan of the apartment and the technical passport from the BTI, a certificate that privatization has not been carried out before, an extract from the ERGP. Plus, the state duty for the execution of the contract. On average, everything about everything will take four and a half thousand rubles.

Reasons for refusal to privatize

They can refuse to conduct privatization if not the entire package of documents was submitted or part was drawn up incorrectly, if some of them have lost their legal force, if the object does not belong to municipal authorities, etc. The decision must be communicated to the applicant, stating the reason.

If, say, an apartment is located in a house located on the territory of a military city, even through the courts it will not be possible to achieve privatization. The same applies to houses in disrepair. If the object simply needs overhaul, refuse to transfer ownership should not.

Problems may arise with housing in which redevelopment was carried out without the permission of the relevant authorities. In this case, it will be necessary either to legitimize everything, or to return it to its previous state.

Cooperatives: what's the difference

It makes no sense to privatize cooperative apartments, since they are not municipal or state property. This is a voluntary association, during the creation of which one goal was pursued - to satisfy the needs for housing. To become the full owner of such real estate, you must:

Pay out a share;
- enter data in the registration chamber.

It will take about a month to complete. The state duty is one thousand rubles.

The extension of the free privatization of housing is a key topic on today's agenda of the State Duma. It was decided to make it unlimited - the corresponding amendment was prepared for the second reading.

The draft law was adopted unanimously - 422 votes in favor. Citizens who have not yet privatized their apartments do not have to hurry with paperwork. Free privatization for all will not end on March 1st. At first, it was planned to extend it for three years - for migrants from emergency housing, Crimeans and orphans. But the day before, the United Russia faction decided to radically rewrite the draft law for the second reading - everyone will have the right to free privatization of housing forever.

“We were approached by a variety of categories: these are those who live in hostels that previously belonged to industrial enterprises, which were closed - the issue of their place of residence and their privatization remains open, and residents of military camps ... The categories were named more and more, and many voters asked us to make a decision to extend such privatization indefinitely, ”said the chairman of the Committee on Labor and Social politics, member of the faction "United Russia" Andrey Isaev.

Privatization of housing began in the distant 1992. Prior to this, there was no full-fledged private ownership of apartments. Since the early 1990s, free privatization has been extended six times. Now, according to the Agency for Mortgage and Housing Lending, 93% of the housing stock is owned. The Duma opposition has repeatedly proposed to make privatization indefinite, so that today the draft law was supported by all factions.

“Finally, the government agreed to the indefinite privatization. We talked about this every year, but rejected our LDPR law, and now the privatization will be indefinite,” said LDPR leader Vladimir Zhirinovsky.

“It took us and our colleagues ten years to make this privatization free and indefinite. It looks like a miracle, but it happens when we so stubbornly, together with the citizens, demand justice. Justice will be achieved today in the second reading on the privatization of housing,” said Oleg Nilov, deputy head of the Just Russia faction.

"We communists were for state property, this is understandable, but since we have been sitting in the Duma for more than 23 years, private property has already become dominant in the country, people are used to this way of life, although we believe that this is not all right. Now the privatization of housing is the desire of the person himself. Therefore, it is simply wrong to forbid him, ”said Tamara Pletneva, deputy from the Communist Party of the Russian Federation, chairman of the Committee on Youth, Women and Children.

The parliament is ready to complete work on the law on the indefinite free privatization of housing promptly so that the document enters into force before March 1.