Privatization of housing, apartments under a social tenancy agreement

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Privatization of housing in 2021 for many people remains the only way to get their own property. This procedure is lengthy, relatively complex and not free, but it is still much simpler than trying to take out a mortgage and pay for it.

Conditions, grounds

*Example : A family with an adult son lives in an apartment. He brings his girlfriend and declares that they will also live here. The girl has no right to live here, since the relationship is not legalized. However, she will actually live indoors. The girl does not have the right to privatize the apartment.

Advantages and disadvantages

Housing privatization has its advantages and disadvantages:

Where to contact?

The prepared list of the above documents must be provided to a specialist from the Public Services Center (PSC) or an employee of the MFC. There are such institutions in every city. To carry out state registration of a privatization agreement, a notarized power of attorney is issued to the appointed employee, then a state fee is paid.

After this, responsibility for this procedure falls entirely on the center’s specialists, who send requests to other necessary authorities. The resulting privatization agreement must be submitted to Rosreestr for the issuance of a Certificate of Ownership - an extract from the Unified State Register of Real Estate. Thus, when preparing for the procedure for drawing up a privatization agreement, you should carefully consider the availability and compliance with the required requirements of all documents stated in the list described in this article.

It should be noted that there are still a lot of people who want to register housing as their own, since only after this a citizen has the right to completely dispose of it - to carry out purchase and sale transactions, leasing, draw up a deed of gift for housing, leave an apartment as an inheritance, register someone at will, and also use this property as collateral when concluding a loan agreement for a large amount with a bank. That is why the issues of privatization will remain relevant and require study for a long time.

How to privatize housing under a social tenancy agreement

It is quite difficult to privatize an apartment or house in which residents live in accordance with a concluded social tenancy agreement. First of all, the problem arises when collecting the necessary documents.

Procedure

1. Obtain consent to privatization from everyone who has the right to live in the apartment/house that is supposed to be privatized.
2. Collect a complete package of documents (see below).
3. Compose an application and submit it to the MFC (Multifunctional Center) along with previously collected documents.
4. Draw up a privatization agreement and sign it.
5. Contact Rosreestr with the agreement to register ownership.

Procedure, process

The first step is to collect consent for privatization. This is usually not too difficult, since all residents are often interested in acquiring their own real estate. If someone has already undergone privatization before or refuses to do so in principle, you need to obtain a refusal from such a tenant and have it notarized.

The next stage is collecting the necessary documents. Some of them, such as a social tenancy agreement, will already be in hand. Others will need to be ordered separately. First you need a technical passport. It is issued by the BTI. Then you will need an extract from the Unified State Register for the premises itself and for everyone who lives in it. You also need to get a certificate from the housing office’s accounting department stating that there is no debt on this premises.

After all the necessary documentation has been collected, you need to go to the MFC, write an application and attach all the collected papers to it.

It is recommended to make copies of all documents in advance.

After submitting the application, if everything is in order, the review takes about 2 weeks. At the end of this period, you need to visit the MFC again and sign a privatization agreement. You should already contact Rosreestr to register ownership rights.

What it is?

Let's find out what a social tenancy agreement is? This is a document according to which one party receives for use from the other party a certain residential premises - an apartment, house, room, etc.

In this case, the provision of property is carried out on preferential terms , which are determined by the current legislation and the provisions of the contract.

For example, a tenant is most often exempt from paying rent and receives subsidies for utilities.

The parties to the transaction are the following entities:

• lessor – a person (both physical and legal) who provides housing for use. In the case of social rent, the owner is the corresponding housing stock - municipal or state;
• tenant - a person who receives housing for use. According to the law, only certain categories of citizens have the right to conclude a transaction.

The document describes all the details of the transaction and the specific conditions under which it is concluded. These conditions are negotiated by the parties and enshrined in a document in writing .

Apartment under a social tenancy agreement: what is it and who owns it? It is worth considering that an agreement can only be concluded in relation to the housing or part thereof, which is located in a house that is on the balance sheet of a state or municipal body .

If the house is not on the balance sheet because it was transferred to another organization, the right to receive housing in it still remains .

But only on the condition that the house is state property .

In this case, the citizen needs to find out who now owns the apartment building and apply there with the appropriate application.

Documentation

To privatize housing, you need to collect the following package of documents:

• Social tenancy agreement.
• Passports of all residents who have the right to reside in this premises.
• Consent of all residents or a notarized refusal.
• BTI technical passport.
• Extracts from the Unified State Register of Enterprises in form No. 3 for each privatization participant.
• One extract from the same Unified State Register per apartment/house.
• Extract from the house register.
• Certificate/personal account for the house/apartment regarding debt or lack thereof.
• Certificate in form No. 2 stating that the residents have not previously participated in privatization (issued by the BTI).
• Power of attorney for a representative (required if you plan to work through a lawyer to speed up the procedure).
• Representative's passport.
• Permission from the guardianship authorities (if minors live in the apartment/house).
• Birth certificate (relevant for those minors who do not yet have a passport).

What additional documents do you need to prepare?

following may additionally be required as additional documents for the free execution of a privatization agreement

• A cadastral passport for an apartment, which can be requested at the Cadastral Chamber, a multifunctional center, as well as on the Internet resource of Rosreestr, after providing your passport and submitting an application; This document is prepared within 5 working days from the date of application.
• Powers of attorney, order appointing a guardian, etc.

Each extract that needs to be requested from various government authorities has a limited validity period; accordingly, you should start processing with those that are valid for a longer period of time. In addition, the citizen should take note of the deadlines for preparing certificates and statements and rely on this information when completing a package of documents.

As can be seen from the list of documents, obtaining some of them requires making a monetary payment in one amount or another. The very execution of the privatization agreement does not provide for the payment of state duty for this service .

Deadlines

The actual process of reviewing an application for privatization takes about 2 weeks. However, privatization itself, if we count from the moment of the start of actions in this direction, takes on average about 2-3 months. At the same time, you need to take into account that some documents have a limited expiration date, so you need to receive them as a last resort, right before submitting your application.

• Technical passport BTI. It does not have an expiration date, but it takes about 1-1.5 months to compile it.
• A personal account for housing, which indicates the debt (if any). It is made quickly, but has a shelf life of only 30 days.
• Extract for an apartment/house from the Unified State Register. Valid for only 7 days. In some cases it may be extended up to 30 days.
• An extract from the house register is valid for only 14 days.

Thus, you first need to wait for the technical passport, since it is the one that takes the longest to complete and at the same time, has no expiration date. Then collect the remaining documents, which also do not have an expiration date. And only after that, order in order a personal account, an extract from the house register and an extract from the Unified State Register for the premises.

Why may privatization be refused?

Refusal of privatization is a rather rare concept and is associated mainly with mistakes. They also refuse those people who want to undergo privatization, but have not paid the entire debt on the apartment. In any other cases, if a refusal follows, the first step is to request it in writing, indicating the reason. You can safely go to court with this document.

Example: Privatization will be refused if the applicants have not provided all the documents or there are errors in them. A similar situation will occur if there is a debt on the apartment. Those who have already undergone it before will not be allowed to carry out privatization.

At a free consultation, experienced lawyers will help you understand the main issues. To make the procedure as easy as possible, they can act as representatives, collect all the necessary documents and submit an application. All the client needs to do is obtain a certificate of ownership.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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