Obtaining a duplicate of an apartment privatization agreement: authorities, documents, terms, cost

Where to go for recovery

The issuance of a duplicate of the documentary act of privatization falls under the category of municipal services. The owners of residential real estate or their heirs can apply for it directly.

To restore a lost contract, you need to contact your local BTI office indicating the reason for the loss of the document. Moreover, all residents who participated in the privatization and were indicated in the agreement must do this.
If previously the ownership right on the basis of a privatization agreement was registered before 31.01. 1998, then in order to conduct a transaction with privatized real estate, you must contact Rosreestr or the MFC for an extract. This paper will confirm the right to own the apartment. It includes information about the owner/s and the property itself. Next, you should contact the archives of the local administration where the privatization agreement was concluded or an agency dealing with similar procedures. A copy of the agreement always remains there. A duplicate is issued on the basis of an extract from Rosreestr or a certificate from the BTI.

What does this document look like?

The main distinctive features of the apartment privatization certificate:

For production, an official form with herbal symbols and watermarks is used. In the regions, it is permissible to use other images instead of the coat of arms of the Russian Federation. The header indicates the name of the state and the body in charge of the privatization of housing and other real estate transactions (EGRN).
Below on the document its name is written: “Certificate”. The form is printed in full, only the column where the signature is entered is filled out in writing.
The following indicates the date on which the certificate was issued.
The next item is a list of documents justifying the transfer of real estate into personal ownership.
Below is a detailed description of all homeowners (full name, date of birth, residential address and passport details).
Then the paper contains information about the residential premises for which the certificate is being issued. The list includes the address of the object, its cadastral number or registration certificate, area, possible encumbrances (for example, mortgage).
The certificate number is entered at the bottom of the document, and the stamp and signature of the responsible organization are affixed.

In the photo you can see what the apartment privatization certificate looks like:

Required documents

To apply for a duplicate of the privatization document, you must provide only the passports of the participants and other materials depending on the specific situation, the list of which is established in each case individually or by regional authorities. Below is a sample list:

a power of attorney certified by a notary to submit an application for the issuance of a contract;
papers certifying the legality of the actions of representatives of persons under 18 years of age or incapacitated citizens;
extract for real estate from Rosreestr (if registration of rights was carried out before 1998).

How to obtain a certificate of participation or non-participation in the privatization of municipal housing in the Moscow region

Tenants of municipal housing have the right to free privatization only once. The government service for issuing certificates of participation or non-participation in earlier privatization is provided by the administrations of municipalities of the Moscow region. For information on how long it will take to receive the service and what documents will be needed, read the material on the mosreg.ru portal.

Who is the service intended for?

According to Russian legislation, a citizen can exercise his right to privatize housing once free of charge. is provided to residents of the Moscow region who are tenants of municipal housing under a social rental agreement and wish to privatize it.

To confirm his non-participation in an earlier privatization of housing, a person will need a corresponding certificate. If a citizen has several places of residence at the time of privatization, he will need to submit certificates from each of them.

All family members living in the apartment who have not previously privatized housing can take part in privatization.

How to exchange social housing in the Moscow region for families with minor children>>

Where to apply

Source: Photobank of the Moscow region, Oksana Kalmykova

For the service, the applicant or his representative can contact the municipal administration of the Moscow region in person, through the multifunctional center, as well as through the regional portal of state and municipal services, using the electronic application form.

After reviewing the application and a set of documents, the applicant receives a certificate of participation (non-participation) in privatization or a refusal to participate in it.

Terms of service provision

The maximum period for providing the service is 15 days. Registration of the application and documents will take one business day.

A citizen of the Russian Federation or his representative can apply for the service.

Required documents

Read also: Responsibilities according to the document: employment contract and job description for electrician and plumber HOA

Pile of papers

Source: RIAMO, Alexander Kozhokhin

When applying for a service, a citizen must submit an application for a certificate of participation or non-participation in the privatization of municipal housing stock, as well as an identification document.

Depending on the circumstances, additionally presented:

— a power of attorney confirming the authority of the applicant’s representative to act on his behalf;

— identification document of the applicant’s representative;

— documents confirming the change of surname, name and patronymic of the applicant or his family members;

- original extract from the house register from the place of residence;

- an archival extract from the house register containing information about citizens who have ever been registered in a residential premises;

- a certified copy of the child’s birth certificate.

How to obtain ownership of leased municipal property in the Moscow region>>

Appealing a refusal to provide a service

An applicant may be denied a government service if:

- the documents and application contain contradictory or unreliable information,

— the form or content of the submitted documents does not comply with administrative regulations,

— the application was submitted by a citizen who does not have the appropriate powers.

The applicant has the right to complain against the municipal administration, official or municipal employee if he is not satisfied with their actions or decisions. In particular, the grounds for filing a complaint may include violation of the deadlines for registration of documents, applications and provision of services, as well as the demand from the applicant for payment and documents not provided for by the administrative regulations. The complaint can be sent to the administration of the municipality, multifunctional center or the Ministry of Public Administration and Information Technologies of the Moscow Region.

Details of the appeal procedure can be found on the Portal of state and municipal services of the Moscow region.

How to obtain permission to move a person into social housing in the Moscow region>>

Price

Restoring the privatization document comes at little financial cost.
When applying for the restoration of a contract for the transfer into private ownership of residential real estate previously owned by the state, you must pay a state fee to the BTI, according to the established tariff in each individual region. Payment is made through the cash register of the institution itself or by receipt at the bank.

The amount of the state fee for issuing a duplicate in the privatization department of the local administration is set depending on the rate approved in the region or by the municipal government itself.

Sometimes this service is provided free of charge.

What documents confirm privatization

There are three main documents that are indisputable evidence of the conversion of state property into private property:

Privatization agreement. We described in detail how this agreement is drawn up here. It is this document that is the basis for completing the legal fact of a real estate transaction. In order to declare a procedure illegal, it is the contract that is challenged. However, having only this document in hand, you cannot make any property agreements with the residential premises.
Extract from the Unified State Register of Real Estate. This document is of a notification nature; having only this document in hand, you cannot make real estate transactions and register in it. You can obtain a certificate from the registration chamber.
Certificate of registration of ownership. It is this document that is considered the main one after completing the privatization procedure. Having it, you can sell the apartment, donate it, leave it as an inheritance and perform any other legal actions.

It is on the third document confirming privatization that we will dwell in more detail later.

How to properly store title documents

Having received important documents, you should not stuff them somewhere, put them on a shelf or in a table along with other papers. Certificates and documents of this kind must be stored in a safe, secure place (safe, safe deposit box), away from prying eyes.

Important! If the Certificate falls into the wrong hands, you may lose rights to your own property. Do not trust these documents to your friends or relatives, even if they ask you to.

If you decide to sell real estate, provide real estate agents and buyers only with copies certified by a notary. An alternative version of the Certificate, and now the only document confirming privatization, is an extract from the Unified State Register, which any citizen can receive upon request by paying 200 rubles.

What to do after registering the right to real estate

After a citizen has become the owner of an apartment, he will need to notify payment centers and resource supply organizations about this. After all, it is their services that he will use in the future. So, where exactly should you take the extract from the state register you receive?

Documents must be submitted to the Unified Settlement Center so that the apartment is no longer listed as state-owned or owned by another owner. This institution performs the following functions:

collection of data about owners;
processing readings from metering devices;
calculation and accrual of payments;
printing and delivery of payment slips;
analysis of payers' claims.

Where else should you go after receiving the extract, which institutions to visit:

First of all, go to the cash settlement center (CSC), where you will need to write an application to open a new personal account or change the owner’s last name. After all, in the future the new owner will pay for the apartment. RCCs operate as part of the Central Bank and distribute payments for utility services among payers. Each apartment has a personal account assigned to it for transferring funds to service providers. Here they can issue a statement indicating that you are in arrears for rent.
If a homeowners association has been created in the building where the apartment was purchased, you will need to write an application to be admitted to its membership.
Register through the MFC or the government services portal at the Federal Migration Service.
Sign a contract for apartment maintenance with the Management Company.
Visit your energy supply company. If the apartment was purchased in a new building, then enter into a contract “from scratch.” If the housing is from a secondary stock, then you just need to re-arrange payments.
With the documents for the water meter, go to the water utility to register. If the new owner of the property fails to appear, this organization may refuse the previous agreements. Penalties may be applied, causing you to pay more for water.
If you use natural gas, then you will need to visit Gorgaz.
For a new apartment in a newly built building, you will need to issue a cadastral passport at the BTI or through the MFC, which reflects information about the location, area of the living space, and layout. The cost of the service is 200 rubles, the electronic version costs 150 rubles.

Since when has it not been issued and what paper has replaced it?

The main regulatory act on which they rely when denationalizing residential premises is Federal Law No. 1541-1 as amended on July 4, 2017. This law “On the privatization of housing stock in the Russian Federation” spells out all the basic requirements that must be adhered to if you want to privatize public housing .

The reform carried out in 2015 introduced changes to the rules for registering real estate. In 2021, No. 218-FZ “On State Registration of Real Estate” came into force , after which for privatization, instead of the certificate described above, an extract from the Unified State Register began to be used.

An extract from the Unified State Register of Real Estate is a certificate that contains certain information about a specific property located in the Unified State Register of Taxpayers.

The bulk of information about real estate located in the State Register is open to public access. Any citizen can freely submit a request to the Unified State Register of Real Estate and obtain information about certain property. It is possible to request an extract either in person or online.

An extract from the Unified State Register of Real Estate since 2021 is the only legal evidence confirming the owner’s right to real estate.

✅ Sample certificate for privatization of an apartment

Judging by the questions that lawyers are asked, not all people know what a certificate for the privatization of an apartment is and what an extract from the Unified State Register looks like. Having an understanding of the document, you can protect yourself from scammers.

The statement consists of 5 parts, and in our case with an apartment, only three sections are needed (with the exception of the 3rd and 4th). Pay attention to the last section - this is cadastral information about the object, a graphic plan and a map. The specified information replaces the data of the cadastral passport.

Below are PHOTOS

Paper extract from the Unified State Register of Real Estate:

Electronic extract from the Unified State Register:

You can download the sample from the link below:

Documents for obtaining a BTI registration certificate

If for some reason the housing users do not have a BTI registration certificate on hand, it will have to be ordered separately. To do this, you need to contact the Technical Inventory Bureau with the following package of documents:

Social tenancy agreement or order for an apartment.
Applicant's passport.
Power of attorney (if work is carried out through a representative).

The representative may be a complete stranger. For example, you can hire an experienced lawyer who will take over the entire procedure. As practice proves, in such a situation, privatization can be carried out much faster simply by precisely understanding what, when and where to provide.

Contents of the document

The state certificate of registration of ownership of a privatized apartment is always executed on the state form of the established image. It must contain:

coat of arms of Russia and the name of the service “Unified State Register of Real Estate and Transactions with It”
name of the regional department of Rosreestr that issued the document;
Date of preparation;
documents on the basis of which the certificate was issued;
full information about the owner (full name, passport details, registration address, etc.);
type of right, size of apartment share;
comprehensive information about the property (address, area, number of floors, etc.);
assigned cadastral number;
existing encumbrances (or an indication of their absence);
the date of entering the transaction data into the unified register and the number of this entry;
the registrar's signature certified by the official seal;
number of the registration certificate form itself;
holographic sign confirming authenticity.

What is a privatization agreement and why is it needed?

A privatization agreement is a document that confirms the fact of transfer of residential premises from state ownership to citizen ownership.
The main value of this document is that it will be the main confirmation of ownership of an apartment in ordinary life, as well as for carrying out various transactions - purchase and sale, lease agreement, gift agreement and will.

About the contents of the agreement

It’s a good idea to have an idea of what a standard apartment privatization agreement looks like by reading the standard document form and even downloading it.

Now to the point. This document is two-sided: the landlord (in his role is the state or municipal government, which transfers the housing stock to citizens into ownership) is one side, and the citizen-tenant is the other.

A privatization agreement is a written agreement that is drawn up taking into account the provisions of the Civil Code of the Russian Federation on such transactions (Article 161) and the requirements of the law on privatization.

An authorized expert from the municipality must be involved in drawing up a contract for a privatized apartment.

And although in many ways this document looks like an ordinary contract, only a responsible person with specialized education will perform such work without legal errors or inaccuracies.

The agreement certainly contains the following provisions:

information about the apartment (address, its area, number of rooms, etc.);
parties to the procedure (municipality, full name and passport details of the employer, postal addresses, etc.);
distribution of shares between owners;
document of title (social tenancy agreement or warrant);
rights and obligations of the parties.

Please note that the agreement contains the seal and corner stamp of the local authority. This also applies to the signatures of the parties.

As for the number of copies, it depends on the number of participants in the procedure; everyone should keep their own. If controversial issues arise, the document must be presented to the competent authorities and will be considered as evidence.

Photo

Next, you can see a photo of what a sample agreement for the privatization of an apartment looks like:

How is it different from a privatization agreement?

Before describing the receipt procedure, let’s compare: what is the difference between an extract from the Unified State Register of Real Estate and a privatization agreement. Both documents relate to the registration of property rights, so many people often confuse them.

The privatization agreement is a legal document. It is also called an agreement on the free transfer of apartments into the ownership of citizens - this is an official agreement with the administration on the transfer of municipal housing into private ownership. The agreement is concluded after the transaction is approved by the authorities.

An extract from the Unified State Register is a legal document that you will receive from the MFC or Rosreestr. To do this, you need to provide a title document - an apartment privatization agreement. Without it, you will not be able to register your right.

The main contents of the privatization agreement:

Legal details of participants (administration and citizens).
Information about the municipal apartment (address, area, floor, number, technical data).
Information about shared ownership of a residential property (who will get what part of the apartment).
Information about the social housing rental agreement.
Signatures (stamps) of the parties and the date of conclusion of the agreement.

Thus, an extract from the Unified State Register and a privatization agreement are not the same thing, but different types of certificates. We are interested in the document of title, so we proceed to the instructions for obtaining it.

Conditions of conclusion

To be able to conclude a contract, a number of conditions must be met:

availability of registration at the place of residence of persons living at this address. Those temporarily registered do not participate in the procedure >;
the opportunity for these individuals to participate in privatization, since according to the law, each citizen has the right to participate once in the process;
voluntary consent of all those registered in this living space to participate in the process;
compliance of the status of the residential premises with the possibility of privatization, since there is a category of housing that is prohibited by law from being transferred into the ownership of citizens.

The right to re-privatization is reserved for citizens who initially participated in the process until they reach adulthood. A statement of consent from minors registered in the apartment is written by their parents or legal representatives. Children under 18 years of age are the full owners of the share and are included in the agreement without fail.

You can find out whether it is possible to privatize a room in a communal apartment or dormitory, emergency or dilapidated housing, a military serviceman’s apartment, cooperative or service housing, as well as an apartment with debts or a share from our articles.

For what period is it issued?

Privatization is not a temporary contract, but a transfer for permanent use on the basis of property rights. A citizen who has received such a document for an apartment becomes its full owner for life and can even transfer this right by inheritance.

Termination

The concluded Agreement can be terminated if the owners decide that it is more profitable for them to live in municipal housing or the transfer of ownership was carried out with violations. This occurs during the process of reverse privatization and is called deprivatization (deprivatization).

If a citizen who has registered ownership of municipal housing decides to return it to the state, he terminates the transaction. In this case, the document is considered invalid and the person loses all rights.

To do this,
you must submit an application to your local government and obtain permission to terminate.
An application for termination can be submitted to the MFC. If the authorities refuse, the procedure is carried out by filing a lawsuit in court.

At the same time, termination is impossible if the following conditions are met:

One of the owners is against termination.
The living space is encumbered in the form of collateral from a credit institution.
A minor citizen participated in the privatization .
The owner owns another residential premises.
New tenants are registered in the apartment after the conclusion of the contract.

If the contract is terminated, it will not be possible to re-enter it for this premises.

In addition, the person who participated in the termination loses his rights. It will not be possible of even another residential premises again .

How to get

Obtaining a document on the right of ownership of real estate is the final stage of privatization. We talked about how you can carry it out through the MFC in this article. Below we will consider how to achieve the coveted paper and how much it will cost.

Order and procedure

After the application for privatization has been submitted, consent has been received from the municipal authorities and the corresponding agreement has been drawn up, you need to obtain a certificate of ownership of the purchased apartment. To do this you need:

Come with a package of documents to the regional office of Rosreestr.
Write an application to register a real estate transaction and enter information about it into the register.
On the day specified by the registrar, come to the office of the institution.
Receive your certificate of registration of rights against receipt.

You can apply for the main document for residential premises not only at Rosreestr, but also at the nearest branch of the MFC.

Statement

The application form will be provided to you at the Rosreestr branch absolutely free of charge, but if you want to familiarize yourself with it in advance, we provide you with this opportunity.

Required documents

The application must be accompanied by:

owner's passport;
real estate privatization agreement;
technical documentation for the apartment;
receipt for payment of state duty.

If you receive a certificate of ownership of a minor, then you must also provide the passport of his legal representative. You can read more about the privatization procedure with the participation of minors in this article.

Expenses

Article 333 of the Tax Code of the Russian Federation establishes that in 2021 the state fee for registering the right to own real estate is 2,000 rubles. You can pay it at any bank branch in cash, through a terminal with a bank card or via the Internet. The main thing is not to forget to provide a receipt to Rosreestr.

Deadlines

It takes 14 days to consider an application for issuing a document on registration of property rights and making changes to the unified state register. After this period, you should be issued a certificate. Otherwise, you can complain about the inaction of officials to the supervisory authorities (higher authorities, prosecutor's office).

Documents for foreign citizens

If a foreign citizen lives in the premises, you must obtain the appropriate certificate. You can order it at OVIR and receive it directly at the passport office. Such a document does not have a validity period, but it takes some time to compile it. It is recommended to do it in advance. In addition, you will need a passport of a foreign citizen, as well as confirmation of the fact of legal presence on the territory of the Russian Federation. For example, a certificate of TRP (Registration of Temporary Residence) or a residence permit. Certificates of refugee status or temporary asylum are also suitable.

Receiving a document

The registration of an apartment privatization agreement occurs as follows:

The document is drawn up in any form in compliance with the following structural features (description of the privatization object, listing the rights and obligations of the parties, liability for non-compliance (with legislative references), additional conditions, details of the tenant and the administrative body that transfers ownership to a specific person);

The agreement is drawn up in two copies, one of which remains in the hands of the tenant, and the second is transferred to the local administrative authorities.

Download

Privatization agreement.pdf

When drawing up a contract yourself, it is recommended to use a sample document.

The drawn up agreement requires the assurance of the parties to the agreement. In this case, the participation and signature of a notary specialist is not required by law.