How to privatize an apartment - necessary documents, where to start privatizing housing

Who can privatize an apartment

The right is granted to citizens of the Russian Federation who use a residential property under a social tenancy agreement. In this case, all adults entitled to privatize this premises, as well as minors aged 14 to 18 years, must give consent to privatization.

From whom consent is not required, even if he is registered in the residential area:

Who has already participated in the privatization of another residential property.
If the resident has issued a refusal of privatization in the prescribed form.
Children under 14 years of age.
From someone who was evicted by court order.

If a minor child participated in privatization, he has the right, after reaching adulthood, to become the owner of an apartment one more time under a social tenancy agreement.

Required documents

The exact list of documents required for filing an application is determined by local authorities.

Standard required:

Passports for adults and birth certificates for minors of all registered residents.
Original social tenancy agreement.
Home Book.
An extract from a government order or a warrant for an apartment.
A certificate confirming that the applicant has not used his right to privatization.
Certificate of family composition.
Consent/refusal to privatization of adult citizens registered in the apartment. The document must be signed in the presence of an MFC employee or notarized.
Documents for the apartment: an extract from the Unified State Register of Real Estate, a technical passport, a floor plan, an extract from the personal account about the absence of debt on utility bills.

After collecting documents, an application of the established form is drawn up.

Is it possible to terminate?

The privatization agreement may be terminated, as a result of which all home owners will lose this property, and it will return to the balance of the municipality. This happens rarely, but it is quite possible. The main reasons are too high taxes and increased utility bills.

To do this, you need everything the same as in the previous paragraph, but instead of an application for a duplicate, you should write an application for termination of the contract. After review, the application will be accepted and processed.

Procedure

Privatization of an apartment is a responsible procedure, so it is necessary to carry out all actions required by law.

Where to start privatization

First you need to check your right to privatization. Do you and your home meet the criteria defined in the Law? If everything is in order with this, think about who will be the applicant and to whom the apartment will be registered.

Then you need to get an exact list of documents. This can be done on the State Services website or by contacting the MFC. There you can also get certificate forms and samples of filling out documents, and find out their validity period.

How to submit documents

All authorized owners of residential premises or their representatives must submit documents (then a notarized power of attorney will be required). Documents are submitted to the MFC upon personal appearance.

You can also submit an application directly to the authorized body, for example, the Department of State Property Management, the City Property Management Committee. This depends on the specific region.

After the documents are accepted, you will be given a receipt indicating the date the application was accepted for consideration.

Further actions

Next you will need to wait, maximum 2 months. This period is established by law for consideration of the application. If after this time you have not received a result, you have the right to file a claim in court.

If the decision is positive, an agreement is concluded between the authorized government body and the citizen for the transfer of residential premises into his ownership through privatization and is submitted for registration to Rosreestr.

Important! When receiving the contract, the presence of all family members involved in privatization is required.

Ownership of real estate arises after registration of the contract.

Basic conditions

When drawing up a contract, it is important to indicate the following points:

Information about the object of privatization.
Rights and obligations of the new owner.
The size of the share in real estate for each privatization participant.
Conditions for transferring living space into ownership.
Signatures of the parties.

A small number of mandatory points in practice result in a rather lengthy document, this is due to the fact that each point must be presented in detail and not cause ambiguity.

So, when entering information about the residential premises, the rights to which are transferred, it is necessary to clarify:

The address of its location, indicating the street, house, apartment.
The floor on which the apartment is located.
The number of square meters of living and common area.
Number of rooms.

Rights and responsibilities also need clarification; the new owner must understand that when signing the contract, he will not only have pleasant troubles, but also worry about the maintenance of the home.

If privatization is carried out simultaneously for several residents, then it is necessary to register the shares that each of them will own. They can be equal or different from each other, it all depends on the terms of the agreement between the residents.

The main condition for transferring ownership of housing is that a person can privatize the premises only once in his life. The exception is those who took part in this procedure while underage. In addition, it is important that the decision to privatize is voluntary, which is confirmed by written consent.

Refusal to privatize

They will refuse to privatize an apartment if it is located:

In a house that is considered unsafe.
In closed military camps.
To the hostel.
In office premises (there are exceptions).

Grounds for refusal:

The complete package of documents has not been submitted or they do not meet the established requirements.
If not everyone entitled to privatize a given apartment participated in writing the application.
The residential premises are not on the balance sheet of the state or municipal housing stock.

The refusal may be oral or, at the request of the applicant, written.

Features of housing privatization in Moscow and St. Petersburg

In Moscow and St. Petersburg, due to the high workload of MFC centers, it is possible to submit an application along with a package of documents for privatization online, in your personal account on the State Services portal. This is available to users who have an identified account.

In the capital, online applications are also accepted through the official website of the Moscow Mayor.

In St. Petersburg, through the official website of the Government, you can make an appointment to submit an application to the central office of the St. Petersburg State Budgetary Institution “Gorzhilobmen”.

After consideration, the applicant comes to the MFC to conclude an agreement and submit it to Rosreestr for registration.

What to do if it is lost and how to restore it?

Due to a move, fire, theft or other troubles, the owner may lose his copy of the document. In this case, he can restore it.

There is a difference in the time of receipt; if privatization was carried out before 1997, then you need to contact the organization that issued it. If the document is dated at a later time, then you need to contact Rossreestr.

In any case, upon application within the time limits established by these authorities, the owner will be issued a duplicate of the document.

Attention! The privatization certificate received before 1997 must be registered with the Russian Register.

If you are interested in what other documents are needed for the privatization of housing, we suggest reading about the warrant, application and power of attorney.

Watch the video about what to do if the privatization agreement is lost:

Special cases and real-life examples

If minors live in the apartment . Children under the age of 18 will have to be allocated a share in the privatized apartment. In order for a child not to participate in privatization, permission from the guardianship authorities will be required.

Privatization with debt for utility bills . The requirement that there is no debt for housing and communal services is not established by law. If you do not pay utility bills, problems will arise not with privatization, but with obtaining an extract from your personal account. To do this, you will need to contact the HOA or management company, where they are very strict with non-payers.

What to do with a privatized apartment after a divorce . After the divorce, the former spouses each receive their share of the premises. In the absence of other co-owners, the shares are divided in half or divided proportionally among all home owners.

Even if one of the spouses privatized the apartment, and the other gave a written refusal, in the event of a divorce he also has the right to continue living in privatized housing.

Pros and cons of privatization

Privatization is an opportunity to obtain ownership of residential real estate without money, so the advantages of the procedure are obvious:

Today it is almost impossible to get free housing by other means.
You can dispose of the apartment at your own discretion: give it as a gift, sell it, exchange it, rent it out or as collateral, leave it as an inheritance, make redevelopments.
The owner can register tenants without restrictions.
The tenant under a social tenancy agreement pays for the use of the premises in addition to utility bills. Tariffs depend on the region, for example, for Moscow the rate is 27.14 rubles. per sq. m., i.e. for a standard one-room apartment you will need to pay additionally more than 1 thousand rubles monthly.

However, you should definitely pay attention to the disadvantages. The owners will have to pay at their own expense for major repairs of the house and pay property taxes. In total terms, these payments will be lower than under a social tenancy agreement, but they should be taken into account when considering the profitability of the procedure.

Possible pitfalls and risks

After privatization, the owner will have the risk of losing property. If, for example, he does not pay a loan to the bank, the creditor has the right to sell the property to pay off the debt. In principle, this cannot happen with a municipal apartment, since it does not belong to the user.

At the legislative level, the issue of replacing the property tax with another tax, calculated not on the cadastral value, but on the market value, is being discussed. Therefore, it is quite possible that the tax will soon increase several times, then the economic benefits of privatization will be ambiguous.

Depending on the location of the property, there may be a risk of its seizure for municipal needs. For example, it is planned to build a highway. In this case, citizens living under a social tenancy agreement may find themselves in a more advantageous position, since they will be provided with an area not less than the established norm for each resident. If the apartment is owned, either a similar living space or monetary compensation is offered.

Signing procedure

Drawing up the agreement falls on the shoulders of the local administration. The municipality has a qualified lawyer on its staff who draws up the form in accordance with current legislative norms. For this reason, for privatization participants, the entire process comes down to studying the information contained in the form and sealing the agreement with a signature.

The municipality, after the application for privatization of the premises is approved, notifies the applicant of the signing date. On the specified day, all participants in the procedure must appear at the local administration to seal their obligations. The agreement is signed by all participants in the privatization process. The document itself is drawn up in several copies, focusing on the number of parties involved. As soon as all signatures are affixed, the agreement receives the status of a legal document and comes into force.

The signed form does not require notarization. But it should be borne in mind that in itself it does not give the applicant the rights to dispose of property, it is only the basis for obtaining them. The privatization agreement is subject to mandatory state registration in Rosreestr, and only after this the property is considered to have officially transferred from municipal to private status.

Instead of output

Privatization is a free procedure for transferring ownership of municipal or public housing to citizens.
Citizens living in it under a social tenancy agreement have the right to privatize municipal housing.
The consent of all persons permanently registered in the apartment will be required.
To register privatization, you need to submit an application with a package of documents.
The period for consideration of the application is up to 60 calendar days.
Privatization has pros and cons that should be carefully analyzed before applying.

Owner's rights

As a result of privatization, a citizen changes his status from tenant to homeowner, and this gives him all the possibilities for further disposal. He can sell privatized real estate, donate it, exchange it, bequeath it by inheritance. In general, full ownership rights are acquired; it can be limited due to privatization only if there are citizens who, as a result of it, received a lifelong right of residence.

At the same time, there is also an obligation to pay property tax for the acquired property - since he did not previously own it, he did not have to pay this tax.