For the privatization of an apartment owned by the municipality, it is necessary to prepare the following documents:
The main documents that are required in all subjects of the Russian Federation are listed above. Depending on the specifics of local legislation and in some other cases, the following documents may also be required:
If the social tenancy agreement contains information about minor tenants, but they are discharged from the apartment, they are still granted the right to participate in privatization. In this case, you need to prepare the following documents:
Documents for children in care:
The privatization process involves the transfer of an apartment from the state / municipal fund to the personal property of a citizen on a gratuitous basis. In accordance with the current legislative regulations, each citizen of the Russian Federation has the right to one-time registration of housing in the property through privatization.
Next, you are invited to familiarize yourself with the procedure for preparing documents for the privatization of an apartment, submitting them for consideration by the appropriate authority and other important nuances the procedure in question.
The package of documents for the privatization of housing is determined by the peculiarities of its location, because a specific list is established not only at the federal, but also at the local level. In view of this, it is better to familiarize yourself with the exact list of securities at the place in individually. But there are a number of positions without which privatization will be impossible in any region of the country.
1. Application. The procedure for its registration will be discussed separately below.
2. Passports of privatization participants.
3. An order to move in or a social lease agreement, depending on the ownership of the property.
4. Certificate of registration.
5. An extract indicating the citizens registered in the privatized apartment.
6. A certificate confirming that the applicant has not previously been involved in the privatization of residential real estate.
7. A document certifying that there are no debts for utilities.
If the task of privatization is solved by one of its tenants, the package binding documents it is necessary to additionally include a power of attorney in his name from each adult citizen registered in the privatized real estate.
A certificate confirming the non-participation of a person in privatization must be submitted if the applicant comes from another region of the country.
It is important to know that the above list is approximate and includes securities, without which the privatization of an apartment will definitely be impossible. In general, in accordance with the circumstances of a particular situation, the list can expand to two dozen positions or more.
The procedure for registering an apartment as a property may vary depending on the circumstances of a particular situation.
For example, if underage citizens are registered on the territory of a property, they are also involved in privatization on an equal basis with adults. If the child is discharged and registered at another place of residence (for example, with a grandmother), it will be necessary to first obtain permission from the guardianship authorities. In the absence of such, the registering authorities may not give their consent to the privatization of the apartment until the obstacles are eliminated.
Another popular circumstance is the refusal of any of the tenants to take part in the privatization process. This refusal is subject to mandatory notarization.
In the absence of any documents required for the privatization process, the issue of obtaining / restoring them should be taken care of in advance. Recommendations are as follows:
Table. Contents of the application for privatization
Statement clause | Tips and explanations |
---|---|
Name of the receiving authority | It is strongly recommended to clarify in advance the correct and full name of the body to which the application is planned to be submitted. If there are minor inaccuracies, the application will be accepted, but because of this, the period for its consideration may increase. |
Location address real estate | This moment determines the place of application. |
Real estate status | It is possible to privatize state and municipal housing. The status of the property must be indicated in the application. |
List of privatization participants | If someone other than the applicant is registered in the apartment being privatized, each of the residents must submit their consent to participate in the event in question or a notarized refusal. |
List of attached documents |
Consideration of privatization contracts is carried out by the authorized department of the local administration, which specializes in housing management. The application is considered within 2 months.
If everything is in order with the applicant's documents, the local authorities will not be able to find grounds for refusing to privatize. With a positive decision, authorized employees of the administration will draw up an appropriate contract. After receiving it, a citizen must contact the representative office of Rosreestr, whose employee will enter the information into the database of the Unified Register.
Finally, the applicant will be issued a certificate confirming that he has ownership of the real estate. After receiving the said certificate, the privatization process is completed.
Legislative standards define a list of real estate objects, the privatization of which is an extremely difficult or impossible process. This list includes the following items:
In addition, it does not make sense to submit the mentioned application to a citizen who previously refused privatization or took part in it.
If various difficulties arise and a citizen receives a refusal to accept his application for privatization, the latter may apply to district court with the corresponding claim. The claim is filed with the authority operating at the location of the property.
The most common reasons for filing a lawsuit are:
In most cases, it is possible to resolve the issue of privatizing an apartment without going to court and, in general, significant complications, but in some cases, unfortunately, this cannot be done without. For example, many apartments allocated for the use of military personnel and located outside military camps do not always have a clearly defined status, and it is impossible to formalize the privatization of such housing except through a court.
Now you have all necessary information regarding the process of privatization of the apartment. The knowledge gained will help you independently cope with the planned events without unnecessary difficulties and time costs.
Pros and cons of privatization
Advantages of privatization | Disadvantages of privatization |
---|---|
acquires the right to sell, donate, exchange, lease, or inherit a privatized apartment | having to pay property taxes |
can get Bank loan bail privatized apartment | home maintenance obligations |
can prescribe / prescribe any person at his discretion | a privatized apartment, unlike an apartment rented under a social tenancy agreement, can be withdrawn to pay off obligations to pay debts and loans |
the right to participate in meetings of members of the homeowners association, having a direct influence on what happens in their home | often the privatization of emergency housing in the presence of a large number a person registered in an apartment may be a disadvantageous deal, since when moving out of a privatized apartment, the owner will receive an apartment of the same area. If the apartment is rented under a social tenancy agreement, in case of emergency resettlement, the family will receive an apartment based on the principle of 18 meters for each person registered in the apartment. |
can redevelop the apartment |
How to start privatization? Is it possible to get an apartment in the property? These questions are relevant to many people. The state gives people the opportunity to get housing for free at no extra cost and mortgage loans, and civil law explains in detail how to do this.
A person does not have to do it on his own, a lawyer can help with this, who will collect the necessary package of documents, explain all the features of use and consequences, and also register the property faster than you yourself.
Privatization in the Crimea involves a gratuitous process of obtaining an apartment in the property.
As the law says, everyone living in municipal or state housing, but not in emergency condition, a military camp or hostel, can register housing as a property. The rest can easily privatize, but even here there are some peculiarities.
Today, the privatization of the apartment has been extended until 2018, as reported last news so there is still time to get the property. But, before you go to submit documents, you need to clarify whether it is possible to subject your housing to such a procedure at all?
Again, what is the privatization of an apartment and why is it needed, it is not worth explaining. But we repeat that this is necessary to obtain housing in the property.
According to the legislation, the procedure is prohibited for rooms in dormitories, emergency rooms, housing in reserves and nature protection zones, as well as military settlements.
Before you start preparing documents, also do not forget to get the consent of everyone who is registered in the living space, otherwise you will be denied the procedure.
The specific cost depends on your case, the amount of documentation, as well as the number of owners.
It turns out that the average price of obtaining housing in the property is 5-7 thousand rubles.
To complete the procedure in Minsk, Kharkov and in the Russian Federation as a whole, the following documents must be submitted:
When the transfer of property in Vitebsk is made, the tenants will be provided with a form of ownership. You can find a sample on the internet. It can be painful property, then all those who have shares will be indicated in it, and in what quantity.
If you contacted the agency and use their services, then they will go through the entire procedure and all the stages on their own. In addition, they carry out independent evaluation if necessary, they always know where to get certificates and where to submit them. An additional document may be required, then the agents themselves will make it for you. But for all operations, a power of attorney is issued, which is done for a certain period and ends after the service is rendered. If necessary, it can be extended or a repeated power of attorney is issued.
Any citizen living in a municipal apartment has the right to plan the procedure. Legislation protects the rights of those who cannot participate in privatization. The reason for this may be: imprisonment, business trip, treatment abroad, and so on. For such persons, the appropriate part of the housing, which can be privatized, can be booked at the department of the local government.
The main problem with communal apartments- their status. Dormitories have always been considered service, owned by enterprises, and not everyone managed to change their status. Therefore, if the hostel is not municipal, then it cannot be privatized. Also, if the hostel has the status of a military, then a military member of the family cannot apply for privatization.
Before collecting documents, first obtain consent from the owner of the owner of your housing to transfer it to the ownership of the city. If you can't get it, then try going to court. It will help to challenge the status of urban housing, provides assistance in contacting the registration service, and can also extend the period limitation period if necessary.
The procedure may be denied for various reasons:
Flaws:
In this article, we will tell you what privatization of an apartment is and how to arrange privatization through the My Documents MFC.
Privatization of an apartment is a free transfer from the state to the property of citizens living in an apartment. The law on the privatization of housing was first adopted in Russia in 1991, after which mass privatization of housing, previously owned by the state, began. To date, about 80% of the housing stock subject to privatization has been privatized in Russia. If you want to privatize an apartment, but do not know how to do it, read on.
In accordance with the aforementioned Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” No. 1541-1 dated July 4, 1991, citizens living in state (municipal) apartments have the right to privatize them, that is
You can only do this once in your life. But at the same time, children who took part in privatization before the age of 18 can exercise the right to privatize again after 18 years.
What housing cannot be privatized? One that is NOT in state or municipal ownership, emergency, dorm rooms, service (departmental) housing, apartments in military camps.
Below we will describe how the privatization of an apartment is carried out through the My Documents MFC (contacts for your MFC can be found in), but first we want to inform you about the duration of this law.
The fact is that initially in 1991 the privatization period was not set, but put into effect in 2004 Housing Code limited the timeframe for privatization to 2007. Further, the privatization period was repeatedly extended. Finally, in February 2017, a law was passed on the indefinite extension of the privatization program for all categories of citizens.
Before giving step by step instructions about how to arrange the privatization of an apartment, we will tell you what documents are needed for privatization.
Please note: everyone who is registered in the apartment (including minors and incapacitated) and has not previously participated in privatization has the right to privatize an apartment.
At the same time, anyone having the right to privatization may waive this right in writing.
Please note: the exact list of documents is established by the organization in your region, which is entrusted with the privatization function. This list may vary from region to region.
So, here is an approximate list of documents for the privatization of an apartment:
The organization providing the service may require other documents, depending on the address of the apartment and your situation.
For an individual consultation, you can use the form at the bottom of this page or phone hotline indicated on the right.
How to practically apply for the privatization of an apartment? There are several ways and, accordingly, organizations that you need to contact:
Please note: it is currently (2018) impossible to apply for privatization online through the federal website of the State Service (according to the portal support service), however, it is possible to apply in in electronic format through the websites of the Administrations of regional centers.
For example, there is such an opportunity on the website of the Government of the Voronezh Region at the link. You can also apply for privatization online in Moscow and St. Petersburg. More on this below, but for now we will give step-by-step instructions on how to privatize an apartment in the MFC.
Step 1. Choose the MFC closest to you. To do this, you can use throughout Russia on our website. Before you go to apply for privatization, it would be useful to make sure by phone that this service is provided in your MFC. The official name of the service: "Transfer of residential premises of the municipal housing stock to the ownership of citizens in the order of privatization" (the name of the service may differ slightly from region to region).
Step 2 Prepare documents, see the list above. We recommend that you check this list for your region. To apply for privatization, all citizens over 14 years of age who have the right to privatize this apartment, or their representatives, including those who wish to refuse privatization, must personally appear. Everyone needs to have identity cards and birth certificates for children under 14 with them, and representatives need to have documents confirming their authority (usually this is a notarized power of attorney).
Step 3 Fill out an application for privatization with the help of an MFC specialist and sign in the indicated places either for agreeing to privatization or for refusing to privatize. Get a receipt for the receipt of documents. Download the application form for privatization for Moscow.
Step 4 At the specified time, come back to your MFC and receive finished document- Agreement on the transfer of privatized housing to the ownership of citizens in the order of privatization.
This agreement establishes your ownership of the apartment, which now needs to be registered with Rosreestr, which can also be done at the MFC.
The term for the privatization of an apartment is established by law and is 2 months. As a result of the service, you will either receive an agreement on the transfer of ownership of the apartment to citizens in the order of privatization, or a refusal.
Please note: the provision of services may be suspended for up to 1 month. in case some documents are missing or for some other reasons.
The cost of privatization, including through the MFC, is currently zero (free of charge). However, the production of certificates and the preparation of other documents may incur costs.
Possible grounds for refusal to provide the service:
and some others.
Below is short description services:
In Moscow, you can apply for privatization in one of two ways:
The full name of the service: "Privatization by citizens of residential premises of the housing stock of the city of Moscow", see the screenshot below.
More below detailed information about the requirements for submitting documents online through the site and how to check the status of your application.
The list of documents for the privatization of an apartment in Moscow:
Complete instructions for the privatization of housing in Moscow. You can get the service from this link.
The full name of the service, given on the website of the State Service - St. Petersburg "Transfer to the ownership of citizens occupied by them on the basis of social tenancy agreements for residential premises during privatization."
Those citizens who live in it on the basis of an order or an order to move in can use state or municipal housing.
Any citizen of the Russian Federation who does not own housing and needs improvement can become a tenant living conditions.
The registration of the ownership of an apartment under the privatization program takes place in accordance with the norms.
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The contract of social employment must comply. This agreement is concluded on the grounds listed in.
Citizens are recognized as in need of better housing conditions on the basis of -.
First you need to obtain the written consent () of everyone who has a residence permit in this apartment.
If one of the registered will prevent other family members from exercising their constitutional right to housing, that is, they will not give either written consent or a written refusal, forced privatization through the court is possible.
As soon as written consents and refusals are received, it is necessary to start collecting the necessary documents. This is the most crucial moment.
Some papers have a limited validity period, so you need to prepare them at the very last moment.
As soon as the documents are collected, they must be taken to the housing department of the administration at the place of registration of the apartment.
Officials have the right to review within two months.
After this period, they must either agree to the transfer of ownership of this premises, or give a written and substantiated.
AT statement of claim should have the following information:
Full name of the court | where to file a claim |
Plaintiff and defendant details |
|
"Body" of the claim | here the plaintiff must state the essence of the application, as well as list the circumstances that forced him to go to court. Need to provide evidence |
In the descriptive part of the claim, you must specify |
|
Please allow | transfer of this apartment to the plaintiff and his relatives |
If there are witnesses | which can confirm the words of the plaintiff, it is necessary to indicate their data |
List of documents | which are attached to the application, as well as the date of compilation and signature |