The privatization of housing in our country ends on March 1, 2016, but a large amount of real estate still remains in the possession of the state. Many of our compatriots do not transfer their living space into ownership because they do not know how to carry out this process. People especially often ask the question about privatizing a room in a communal apartment. Let's try to answer it in more detail.
Is it possible by law to privatize part of the space in a communal apartment?
Every citizen has the right to housing - this is stated in the Constitution of the Russian Federation. Often a family, not having their own apartment, lives in a communal one. Municipal authorities can allocate 1-2 rooms, which are on the city or district balance sheet, and after privatization, citizens living in this living space become the owners.
Legal relations during this process are regulated by Federal Law No. 1541-I “On Privatization...” dated July 4, 1991 (as amended and supplemented). Main provisions of the law:
- Federal Law No. 218 “On State Registration...” dated July 13, 2015 - defines the principles of registration of transactions.
- Article 41 of the Housing Code of the Russian Federation defines the right to use common property in communal living space.
- Tax Code - establishes the amount of duty and notary value in the privatization process.
The law provides for the right to privatize rooms in communal apartments. In this case, the room is recognized as a separate dwelling, so the neighbors’ consent to carry out this process is not required, with the exception of service and dilapidated housing.
Privatization of a dorm room
On the possibility of privatization
Privatization is the process of transferring real estate from common (municipal) ownership to private ownership, into the full and undivided ownership of a person or group.
Following the procedure established by law, a person can privatize both the entire property as a whole and part of it (share) , especially since in our case, the room was transferred to the citizen for rent by the municipality or other governing body.
What legal requirements exist and how to privatize a single room will be discussed below.
You can find out whether it is possible to obtain private ownership of a dorm room, cooperative or service real estate, as well as military personnel’s housing on our website.
Who can do this and under what conditions?
The general rules of procedure give citizens the right to privatize a room in a communal apartment. Families who have permanent residence registration can participate in this process. Privatization can be carried out in one of the ways on the basis of a social tenancy agreement or an occupancy order.
Often families or pensioners enter the privatization process. An important point is to obtain consent from all residents registered in the room. If one of the family members does not want to enter into privatization, he will have to draw up an official refusal, certified by a notary, otherwise the authorities will make a negative decision when applying for the privatization of the room.
Special cases
Some apartments did not become communal apartments immediately , but during the process of using them for their intended purpose.
Such premises include those that were initially common , and in the process of moving in and out of tenants they began to be used as communal apartments.
People who are complete strangers to each other live in such apartments .
A sign of such premises is the presence of one social tenancy agreement. Such an apartment cannot be considered communal, and it is impossible to privatize a separate room in it.
However, there is a way out of this situation, although solving the problem will require time and sufficient investment of effort. To privatize a room in an apartment you need to do the following:
- Obtain consent from residents and municipal authorities to allocate a share in the form of a separate room. The consent looks like a share allocation agreement drawn up by a lawyer.
- technical documents at the BTI .
- Draw up a separate rental agreement with local authorities and privatize the room according to it.
, the initial privatization of the entire apartment is most often required and only after this the allocation of a share in it.
Step-by-step instructions on how to apply
The registration of a room privatization agreement is carried out according to generally accepted regulations. The algorithm of actions is as follows:
- Establishing the status of the room to determine the possibility of privatization.
- Come to a general agreement with all the people registered in the room, or receive from them an official document refusing privatization. It is worth understanding that each citizen must issue this document individually. In the case of minors, parents or guardians act on behalf of children under 14 years of age, and from 14 to 18 years of age, they write an application independently, but under the supervision of legal representatives.
- Refusals or consent must be included in the complete package of documentation that is prepared for submitting an application to the appropriate authority.
- Consideration of the application will last 2 months, after which the administration will make a decision on the privatization of a room in a communal apartment, it can be either positive or negative.
- If the outcome of the case is positive, each person participating in privatization will receive their own copy of the agreement, with which they should go to Rosreestr and register their rights as an owner.
When applying to Rosreestr, the mandatory presence of all privatization participants is required. If one of the family members cannot do this, for example, he went on a business trip or is in the hospital, then a notarized power of attorney should be issued to another person.
Where to contact?
Once all the documents have been collected, a citizen who wishes to privatize a room in a communal apartment should contact the local municipality’s housing department. The specific office and time for accepting documents can be found out at the institution itself.
If you don’t have time, then you can use the one-stop service, which exists in all regions of Russia; they will not only help you fill out the application correctly, but will also help you with the preparation of missing documents. Once the documents are submitted, all that remains is to wait for the decision.
What documents are needed?
The housing privatization procedure begins with the collection of the necessary documentation. If there are many people registered in the room, then this process can take a long time to obtain a comprehensive set of papers. Typically the list includes:
- Passport of the tenant, who is included in the social tenancy agreement as a responsible person and received the right to reside in this living space.
- Identity cards of all adults registered at this address and birth certificates of all minors who are under 14 years of age. An important factor is to take into account all those prescribed, even if they are not specified in the social tenancy agreement.
- An extract about all persons registered in a given living space, which can be ordered from the management company or obtained from the registration service of the Internal Affairs Directorate - but the first option is the simplest and fastest.
- If one of those registered does not want to participate in privatization, then an official document of refusal, certified by a notary, should be attached. Refusals are issued only to minor citizens. Parents do not have the right to refuse the child’s share at will; guardianship authorities can give consent only if the minor has housing elsewhere.
- Lease agreement with all tenants included in it. If this document has been lost, you should take care of a duplicate. If there is no such agreement, it will have to be drawn up. Some citizens living in communal apartments have a document in their hands that replaces the contract - a move-in order. It can also be attached to the package of documents, but in this case you will have to support the paper with an extract from the archive, which will indicate the date of issue of the warrant for the room.
- Cadastral and technical passport for the premises, which indicates not only a separate room, but also the entire apartment in which the applicant lives. Some citizens do not have such documents, but it is impossible to start privatization without them, so you will have to contact the BTI and order the production of papers.
- An extract from the Unified State Register of Real Estate stating that this premises is registered with the municipal authorities and was not previously privatized.
- A certificate from each participant in the transaction stating that he has not previously participated in the privatization process. If there are children under 18 years of age who have already received a share, then they are given the right to receive a second share in the room from the municipality.
Attention! The number of documents may vary up or down - this is regulated by local authorities and depends on the individual situation.
The main and final document in this list is an application from the responsible tenant with a request to carry out privatization. The document is filled out strictly according to the form that is individually developed by local municipal authorities; the form can be obtained from the institution. The document contains all information about the current owner, participants in the process and the living room. It must be signed by all persons participating in the privatization.
DOCUMENTS FOR PRIVATIZATION OF AN APARTMENT – ADVICE OF A LAWYER
Services of our company's lawyers
Privatizing a room in a communal apartment, despite its apparent simplicity, is actually a lengthy process and can confuse even a knowledgeable person. Therefore, it is worth entrusting such work to a lawyer who has the necessary knowledge and certain experience in preparing privatization documents.
Our specialists constantly study innovations in the housing privatization procedure, have experience in solving any housing issues and are always aimed at obtaining a positive result.
Many questions concern our company's clients. We will help you solve them in the fastest and most cost-effective way.
If the apartment is a communal apartment in essence, and not according to documents, we will arrange the allocation of the apartment, obtaining the consent of the neighbors and allocating the client’s share. If one of the residents in the room does not agree to privatization, but does not write a refusal, thereby delaying time and creating an obstacle to the exercise of the client’s rights, we will help to obtain the necessary decision through the court.
Our specialists always stand guard over the legitimate requirements of our clients. To make an appointment with us for a legal consultation, just call us, go through the social network VKontakte or leave a request on the company’s official website. Those who decide to use our services in the future are consulted free of charge; we advise other clients at a reasonable price according to the price list. We also offer legal assistance in installments with payments according to an individually developed schedule and payment for services upon receipt of the final document on the privatization of the room. Each task is solved according to the law, with full attention to the interests and needs of our client.
Timing and cost
It is impossible to say exactly how long it will take to privatize. The process can last from 2 to 6 months. But the average time is set at 3-4 months, of which:
- 1 month – preparation of the necessary documentation.
- 2 months – waiting for a decision.
- 1 month – entry into ownership rights.
Expenses
Despite the fact that privatization in our country is considered free, you will have to pay a state fee. There is no need to pay just for the housing itself - it goes to the owner completely free of charge.
But there are ongoing costs for paperwork:
- Extract from the Unified State Register of Real Estate – 300 rubles.
- Extract from the house register – 200 rubles.
- The state fee for registration of property rights is 2000 rubles.
- Refusal from privatization – up to 1000 rubles.
- Power of attorney for a representative – about 1-5 thousand rubles.
Reference. The total amount that will have to be spent will depend on the number of participants in privatization and those who refused it.
Registration of transfer of ownership
With the contract in hand, the tenant is obliged to go to the local branch of Rosreestr (it is often colloquially referred to as the Registration Chamber) and there submit a new application to register the transfer of ownership. Without this, all his previous actions will not make any sense, because according to the law in Russia, all rights and all real estate transactions must be entered into the Unified State Register of Real Estate - a register that indicates who owns each object and what other rights are included in the register. does anyone have any regard for him? Without registration in the Unified State Register of Real Estate, the room cannot be sold or bequeathed - and, in fact, from a legal point of view, it will not be considered to belong to the citizen at all.
Attention: it is not at all necessary to contact the Rosreestr department itself - you can register the transfer of ownership of the room through the MFC. It's much faster and more convenient.
For registration you will need 2 main documents:
- room transfer agreement;
- a receipt from the bank confirming payment of the state fee (without this registration will not be carried out) in the amount of 2000 rubles.
Perhaps the registrar specialist will require you to bring some additional documents.
After registration is completed, the happy owner will receive an extract from the Unified State Register of Real Estate. From now on, he can consider himself the rightful owner of the room.
Grounds for refusal
Privatization is not a simple process, especially if we are talking about a room in a communal apartment, so a citizen may be denied it. There are only two reasons for refusal to privatize:
- Reasonable ones, based on the current legislation. This could be an incomplete package of documents, forged certificates, lack of agreement with all residents, or gross errors made when filling out the application.
- Unreasonable – this category includes any other reasons for refusals.
If the refusal is justified, then the citizen is given a certain time to correct errors or the opportunity to submit missing documents. In case of unfounded refusals, the citizen resolves disputes with the municipality in court.
Privatizing a room in a communal apartment, of course, has its own characteristics, but if you approach the matter with all responsibility and collect a complete package of documents, then there will be no difficulties in this process.
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