The high cost of housing is pushing citizens to privatize real estate. It is believed to be one of better ways gratuitous receipt of an apartment. Indeed, privatization aims to transfer ownership of real estate from the state to ordinary citizens. Having become a full-fledged owner of an apartment, a person can dispose of housing at his own discretion, without regard to the state.
Legal relations are regulated Federal Law No. 1541-1 "On the privatization of the housing stock" dated 07/04/1991. The annual change in legislation imposes certain difficulties with understanding the issue. The questions still remain acute, how much does it cost to quickly re-register housing, where to privatize, what documents are needed? We will try to answer the most exciting questions based on changes in legislation in 2020.
Before considering the procedure, let's figure out what is privatization in the sense in which it should be understood in our time? So, privatization is a process of gratuitous (free) transfer of ownership of housing from the state or municipalities into the hands of ordinary citizens of the Russian Federation (Article 1 of the Federal Law No. 1541-1).
In simpler terms, a person can apply for privatization municipal apartment and become its owner. Moreover, you do not need to pay the owner for the transfer of rights. This privatization differs, say, from the purchase of an apartment at a market price. The process of privatization of housing began back in 1991 and continues successfully to this day.
The main nuance of privatization is the fact that housing is owned by the state or municipal associations. The specified status allows referring apartments to the housing stock provided for privatization to ordinary citizens. In this way, public housing can be privatized. But there are exceptions.
It will not be possible to privatize the following objects:
True, there are nuances here. Privatization still applies to housing if it is classified as official, but the citizen has an official warrant. Where can I apply for such documents? Such permits are usually issued by law enforcement agencies.
After registration of the apartment in private ownership, you can dispose of it at your discretion. The owner is not limited in legal transactions: sale, donation, exchange, will, pledge etc. In addition, the owner of a privatized apartment has the right to exercise repair work and redevelopment without special permission from the state.
The death of the owner of privatized housing does not mean the loss of the immovable property. The apartment passes to relatives or heirs in accordance with Art. 1110 and the provisions of Ch. 63 of the Civil Code of the Russian Federation. For comparison, non-privatized housing is returned back to the state.
The legislator imposes several conditions for the privatization of an apartment or other residential facility:
If at least one condition is not met, registrars have the full right to refuse to accept documents. Keep this in mind, and better consult a lawyer!
The annual extension of the deadline for privatization, up to March 1, 2017, raises the question - how much more will the authorities give for the privatization of the housing stock in Russia? As practice has shown, the excitement did not appear by chance. Russian Government was published Law No. 14-FZ of February 22, 2017, according to which privatization became indefinite. In other words, permanent - no need to worry about the 2020 renewal action.
However, the old position Housing Code about free privatization until March 1, 2017 was abolished. Starting from 2017, residents of our country and neighboring Crimea can permanently register the ownership of municipal housing for free.
Having familiarized yourself with the basic provisions, you can proceed to the privatization of housing. But do not rush and immediately run for information to local offices. The first step is to check if the apartment is available for privatization? Above, we have analyzed which objects are not subject to transfer to private ownership.
The next thing to do in without fail on one's own - get the consent of all family members. There are cases when the refusal of one person led to the impossibility of completing the privatization. Therefore, if someone from the household does not want to participate in privatization, you will have to visit a notary and issue an official refusal. This will avoid unnecessary disputes over the shares of the apartment.
In order to enter into privatization, you need to prepare documents, order an examination of housing and draw up an application. Applications are accepted by housing departments under the Criminal Code or HOA. In addition, there is an option to submit an application through the multifunctional centers of the State Budgetary Institution "My Documents".
After the conclusion of the contract for the privatization of a residential facility, you can proceed to registration property rights. Who is in charge of privatization? With all questions, contact Rosreestr at the location of the property. The information is entered into the USRN and is available for further verification. The new owner will be given state certificate on the right of ownership with the appropriate seal.
Theoretically, everything is clear, but in practice, unforeseen situations may arise. To avoid unnecessary running around and failures, it is advisable to follow the step-by-step instructions.
Experts divide privatization into four or five stages. Each of them is an important step.
Stages of registration of ownership of municipal housing:
If you lose sight of some details, then privatization will become impossible. If you are experiencing difficulties, please contact free consultation to our lawyers.
The sequence of actions (order of registration) during the privatization of a residential facility:
Stage #1
First of all, the applicant must prepare technical documentation and a plan of the dwelling (explication). Documentation is handled by the Bureau of Technical Inventory (BTI). Next, you should get an extract from the USRN.
Stage #2
At the second stage, the citizen applies to the district (district) administration. Applications are signed by all family members of the tenant of the municipal apartment. If someone refuses, you need to provide a notarized refusal. In parallel, the applicant submits a package of documents, which we will discuss below.
Stage 3
Signing an agreement on the transfer of ownership of the apartment to private hands. The agreement serves as the basis for registration of rights in Rosreestr.
Stage 4
Ownership is fixed in a certificate with a stamp state standard. This moment will mark the end of the procedure.
The first task is to achieve the approval of the application for the privatization of the apartment. If this stage is successfully completed, the formalities will remain.
The publication of amendments to the Federal Law No. 1541-1 simplified the deadlines for submitting an application for the privatization of housing. Now there is no need to adjust to a specific date. Privatization takes place indefinitely, which means that you can devote time to preparing documents.
The application for the privatization of an apartment in 2020 contains the following items:
The main section is followed by a consent form for the rest of the family. Below is information that the housing was not privatized, is not under bail (arrest) and is not the subject of a dispute between the tenant and family members.
Government agencies read every document. The preparation of the package is the stage on which the success of the forthcoming privatization of residential premises depends.
The list of documents that will have to be submitted is approximately the following:
The easiest way to find out about documents is to visit the State Budgetary Institution "My Documents". There you can quickly draw up an application and submit part of the documents for consideration. The remaining papers will have to be delivered independently when drawing up an agreement on the privatization of a property.
Situations may be different, so it is impossible to say exactly about the timing. But there are general terms for registration. Preliminary collection of documents takes 5 to 10 days. Further, according to the Regulations, registration will cost 60 days. But this is in the event that the registrars do not experience an additional burden on the department. For example, on the eve of the holidays or at rush hour. If we talk about the average value, then privatization occurs within 70 days.
| Pros of privatization in 2018 | Cons of privatization in 2018 |
|---|---|
| Free housing (not including the cost of paperwork) | Financial expenses for overhaul at home |
| Getting an apartment in personal ownership: the ability to sell, rent, mortgage, bequeath, donate | Payment of annual property tax |
| No payment for living in an apartment under a social lease agreement | Using an attempt to privatize housing - the inability to use it twice |
| Possibility to make repairs or redevelopment without the consent of the state body | |
| Free check-in / check-out of other people |
| Pay for what | Sum |
|---|---|
| State duty for privatization | 2 thousand rubles |
| Drawing up an agreement on the privatization of an apartment, housing | 1 thousand rubles |
| Order technical passport apartments | 1500 rubles |
| Registration of a cadastral passport | 200 rubles |
| Certificate from the USRN in form No. 3 | 200 rubles |
| Ordering an extract from Rosreestr | 200 rubles |
| Additional costs for a notary | according to the price list (usually from 200 to 4500 rubles) |
| Urgent power of attorney | from 1500 to 3000 rubles |
The privatization of housing is proceeding according to the general scenario. But there are some points that you should pay special attention to:
Thus, privatization is considered to be the transfer of ownership of an apartment from the state to citizens. Now valid permanent privatization With free receipt housing. The legal procedure consists of several stages. The applicant must prepare documents, submit an application and receive a certificate from Rosreestr. After registration of all documents, the apartment is considered private property.
Privatization is regulated by an impressive number of legal acts. Not everyone knows how the procedure goes and in what terms it is possible to re-register the property in your name. Naturally, this causes mistrust on the part ordinary people. Sometimes, in order to get a certificate from the USRN, you need to stand in long queues, and then it turns out that a certificate is not needed. In order not to do extra work on your own, it is advisable to consult with a lawyer.
The acquisition of ownership of housing occupied by residents of the country began in 1991 from the moment the Federal Law was enacted, giving the right to all those living in apartments to transfer them into ownership.
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This right applies to all types of residential premises that are in state, municipal and other ownership.
The basis for privatization is the desire of tenants to transfer ownership of the housing in which they live under a social tenancy agreement, without violating its conditions.
On the other hand, the owner must give permission for the gratuitous privatization of the dwelling, which is given on the basis of an application received from the tenant. All other actions are carried out according to the plan, which is described below.
Anyone wishing to privatize free housing can do so only once.
The federal legislation on privatization has changed over the years, changes have been made to it, but the fundamental principle has remained unchanged. Its meaning lies in the fact that the population of Russia received housing in their ownership.
The current version of the Federal Law introduced last changes, they are dated February 28, 2015 (No. 19-FZ). Therefore, you should focus only on this text.
In it, some provisions of the previous Law have become invalid, and many have received a new presentation. For example, free privatization has been extended until 2020.
After the first Federal Law on privatization adopted in 1991, it was amended in 1992, 1994, 1998, 2001, 2002, 2004, 2008, 2012, 2020.
It is difficult for the uninitiated to understand such an abundance of changes, therefore, it is best to register an apartment as a property with the help of professional lawyers or realtors.
The main advantage of privatization is that a person becomes the owner of a rather expensive real estate. That is, he acquires the status of the owner and confidence in the future.
Other benefits include:
The disadvantages of housing privatization include an increase in payment for utilities, annual payment of property tax.
But when evaluating all the advantages and disadvantages of the consequences of the privatization act, it must be borne in mind that at any time you can deprivatize and return the apartment to the municipality.
It is important to remember that the right to privatize housing is given to a citizen once in a lifetime, the right to deprivatization can also be used only once.
The privatization of an apartment is, in fact, a transaction between a citizen and the owner of housing, which is free of charge. Its confirmation is the tenant in the property.
This document includes persons currently living in the apartment, including minor children and those temporarily absent, for example, due to study or military service.
Housing that is in municipal ownership and occupied by citizens in the order of social hiring is considered municipal.
In this case, it happens by decision of the municipal authorities.
You can arrange an apartment:
In the case of delegating authority to a professional, a notarized certificate from tenants is required for:
A prerequisite is the consent to the privatization of all those living in this living space.
Acquisition of their square meters in ownership in a communal apartment has the following features:
The law allows the privatization of any residential premises allocated as a separate object, therefore a room in a communal apartment can be legally privatized.
Together with the room, the owner of the apartment becomes a shareholder in the ownership of common areas.
The distribution of these shares is carried out on a voluntary basis, most often depending on the occupied square meters of privatized living space.
All persons living in a communal apartment have the same right to use common places, no one can restrict them in this.
Privatization of an apartment after March 1, 2020 remains free for another year until March 1, 2016. This is the fourth extension of the privatization period, and it is carried out in the same order as before.
An innovation in privatization was the change in the tax burden, calculated from the calculation of its cadastral value, and not inventory, as it was before. So the tax has gone up.
The Tax Code of Russia () provides for preferential rates for real estate taxes.
When an apartment is privatized, everyone who lives in it has the right to become its owners.
The agreement on the transfer of ownership of housing from the municipality, enterprise or state includes everyone who lives in this housing.
This right is not denied:
On behalf of the children, their legal representatives-adoptive parents, guardians, parents take part in the process.
Free-to-air privatization means tenants don't pay for their square meters but it takes a lot of money to get the paperwork done.
This is due to the fact that all papers received at the BTI and the cadastral service have their own price:
The extension of free privatization was carried out in February of this year, by amending the Federal Law on privatization (No. 19-FZ of February 28, 2020).
The deadline for privatizing an apartment free of charge has been postponed by a year until March 1, 2020.
At present, the Just Russia faction has submitted a proposal to the State Duma to increase this period until 2020, but there is no final decision on this date yet.
The privatization process is carried out in a certain order. Everyone should know the stages of it so as not to waste extra time, because there is not much of it left to get an apartment for free.
A few tips on what you should do if you have to privatize an apartment, where to start and in what sequence to act:
Instances that you will have to visit during privatization are:
The order and sequence of appeal are indicated in the above section.
The documentary portfolio for privatization includes:
The application for privatization is written on the form according to the established model.
You can also pick up the form at the housing office and fill it out there.
Privatization through the court is carried out in the following cases:
If any disputes arise, they can be resolved in court by drawing up statement of claim stating the circumstances and paying the state duty.
In competence judicial trial also includes:
Citizens who are permanently registered at the place of residence on the terms of social employment have the right to acquire ownership of the residential premises they occupy (privatize) free of charge.
The condition for registration of privatization is the consent of all adults and minors over 14 years of age cohabiting family members. Premises can be transferred both to common ownership and to the ownership of one of the cohabiting persons.
For questions regarding the registration of the privatization of residential premises in Moscow, it is necessary to contact the “one-stop-shop” service, or the “one-stop shop” service at the location of the privatized premises.
Privatization of an apartment or room gives the owner the right to dispose of it at his own discretion. You can sell, bequeath, rent or lease your home, as well as make other transactions that do not contradict the law.
It must be understood that after registration of privatization, the owner fully bears the burden of maintaining the housing stock, including the maintenance common property tenants of an apartment building, and real estate tax.
In addition to the dwelling itself, a non-allocated share falls into the property common property apartment building - all engineering equipment (pipes, elevators, garbage chutes, etc.), house walls, roof, basement, flights of stairs, floors, and other objects serving more than one apartment. And all the costs of maintaining the common property of an apartment building fall on the shoulders of the owners.
In addition, property owners pay a tax, which is currently calculated from inventory value BTI, but after making appropriate changes to the Federal tax law, will be calculated from market value apartments.
Unlike tenants who rent housing from the city on preferential terms, the owners are not guaranteed the provision of another dwelling in case of loss of housing.
You can register the ownership of the occupied apartment (room) in the order of privatization by contacting the authorized body in person or through a legal representative, and presenting the following documents:
Application for privatization Passport of a citizen of the Russian Federation Originals and copies of passports of all citizens over 14 years old, registered at the address of the premises being privatized. Birth certificate Originals and copies of birth certificates of all citizens under 14 years old, registered at the address of the premises to be privatized. Written consent of all adult family members Accepted, also, notarized consent or refusal to participate in the privatization of residential premises. Certificate confirming the unused right to participate in privatization The certificate is provided by citizens who arrived at the occupied area after September 1, 1991, to verify the principle of one-time participation in privatization. Notarized Power of Attorney Optional document. It is presented in case of appeal through a legal representative.
The result of public service is the issuance of an agreement on the transfer of residential premises into ownership in the manner of privatization, and its registration with the Office of Rosreestr for the city of Moscow. The service is carried out within a period not exceeding 30 business days.
The authorities of Ecuador have deprived Julian Assange of asylum in the London embassy. The founder of WikiLeaks is detained by the British police, and this has already been called the biggest betrayal in the history of Ecuador. Why is Assange being avenged and what awaits him?
Julian Assange, a programmer and journalist from Australia, became widely known after the website WikiLeaks, founded by him, published secret documents of the US State Department, as well as materials related to military operations in Iraq and Afghanistan in 2010.
But it was quite difficult to find out who the policemen, supporting by the arms, were taking out of the building. Assange grew a beard and did not look at all like the energetic man that he had so far presented in photographs.
According to Ecuadorian President Lenin Moreno, Assange's asylum was denied because of his repeated violations of international conventions.
He is expected to remain at a police station in central London until he appears before Westminster Magistrates' Court.
Former President of Ecuador Rafael Correa called the decision of the current government the biggest betrayal in the history of the country. "What he (Moreno. - Approx. ed.) did is a crime that humanity will never forget," Correa said.
London, on the contrary, thanked Moreno. The British Foreign Office believes that justice has prevailed. The representative of the Russian diplomatic department, Maria Zakharova, has a different opinion. "The hand of 'democracy' is squeezing the throat of freedom," she said. The Kremlin expressed the hope that the rights of the arrested person would be respected.
Ecuador harbored Assange because the former president was center-left, critical of U.S. policy, and welcomed WikiLeaks' release of classified documents on the wars in Iraq and Afghanistan. Even before the Internet activist needed asylum, he managed to get to know Correa personally: he interviewed him for the Russia Today channel.
However, in 2017, the government in Ecuador changed, the country headed for rapprochement with the United States. The new president called Assange "a stone in the shoe" and immediately made it clear that his stay on the territory of the embassy would not be delayed.
According to Correa, the moment of truth came at the end of June last year, when US Vice President Michael Pence arrived in Ecuador on a visit. Then everything was decided. “You can be sure: Lenin is just a hypocrite. He has already agreed with the Americans about the fate of Assange. And now he is trying to make us swallow the pill, saying that Ecuador allegedly continues the dialogue,” Correa said in an interview with Russia Today.
The day before his arrest, WikiLeaks editor-in-chief Kristin Hrafnsson said that Assange was under total surveillance. "WikiLeaks uncovered a massive spy operation against Julian Assange at the Ecuadorian embassy," he said. According to him, cameras and voice recorders were placed around Assange, and the information received was transmitted to the administration of Donald Trump.
Hrafnsson specified that Assange was going to be expelled from the embassy a week earlier. This did not happen only because WikiLeaks made this information public. A high-ranking source told the portal about the plans of the Ecuadorian authorities, but the head of the Ecuadorian Foreign Ministry, Jose Valencia, denied the rumors.
Assange's expulsion was preceded by a corruption scandal involving Moreno. In February, WikiLeaks published the INA Papers package, which traced the operations of the offshore company INA Investment, founded by the brother of the Ecuadorian leader. In Quito, they said that this was a plot by Assange with Venezuelan President Nicolas Maduro and former head of Ecuador Rafael Correa to overthrow Moreno.
In early April, Moreno complained about Assange's behavior in Ecuador's London mission. “We have to protect the life of Mr. Assange, but he has already crossed all the lines in terms of violating the agreement that we came to with him,” the president said. “This does not mean that he cannot speak freely, but he cannot lie and hack ". At the same time, back in February last year, it became known that Assange at the embassy was deprived of the opportunity to interact with the outside world, in particular, he was turned off access to the Internet.
At the end of last year, Western media, citing sources, reported that Assange would be charged in the United States. This was never officially confirmed, but it was precisely because of Washington's position that Assange had to take refuge in the Ecuadorian embassy six years ago.
Sweden, in May 2017, stopped investigating two cases of rape in which the founder of the portal was accused. Assange demanded compensation from the country's government for legal costs in the amount of 900,000 euros.
Earlier, in 2015, Swedish prosecutors also dropped three charges against him due to the statute of limitations.
Assange arrived in Sweden in the summer of 2010, hoping to get protection from US authorities. But he was under investigation for rape. In November 2010, a warrant for his arrest was issued in Stockholm, and Assange was put on the international wanted list. He was detained in London, but was soon released on bail of 240 thousand pounds.
In February 2011, a British court ruled to extradite Assange to Sweden, followed by a series of successful appeals for the founder of WikiLeaks.
The British authorities placed him under house arrest before deciding to extradite him to Sweden. Breaking his promise to the authorities, Assange asked for asylum in the Ecuadorian embassy, which was granted to him. Since then, the UK has had its own grievances against the founder of WikiLeaks.
The man was re-arrested following a U.S. extradition request for publishing classified documents, police said. At the same time, Deputy Foreign Minister Alan Duncan said that Assange would not be sent to the United States if he faced the death penalty there.
In the UK, Assange is likely to appear in court on the afternoon of 11 April. This is stated on the WikiLeaks Twitter page. It is likely that the British authorities will seek a maximum sentence of 12 months, the man's mother said, citing his lawyer.
At the same time, the Swedish prosecutor's office is considering reopening the investigation into the rape allegation. Lawyer Elizabeth Massey Fritz, who represented the interests of the victim, will seek this.
