How to privatize an apartment in 2021? Expert answers

The housing issue worries many people now. Acquiring ownership of residential premises is possible in various ways. Many people live in residential premises provided for social rent, however, in such apartments the tenant is limited in a number of issues regarding redevelopment, disposal and other issues. This is why a large number of people are interested in privatization. Privatization allows you to obtain ownership of an apartment, which until the moment of privatization is owned by the state (authorities, municipality). But how to carry out privatization in 2021? Who has the right to it? What needs to be done? We will talk about this in today's article.

The privatization agreement is a very popular procedure in Russia

What is apartment privatization and why is it needed?

So, let's start to understand what housing privatization is and why it is needed. First of all, it is worth examining the very concept of “privatization”. What is privatization?

From the Latin “privatus” - private - this is a form of transfer of state property to private individuals, in which the legal status of privatized real estate changes and is carried out by the state.

This process has been known to society since the times of Ancient Rome, in which it was called “ager publicus” and was used for the purpose of redistributing public lands. Further in Europe it took place in the form of secularization, that is, the seizure of church property in favor of the state. The most widespread introduction of the privatization process occurred in 1980–1990, when more than 100 countries in the world were covered, including Russia.

In simple words, privatization is the transition or transfer of state property into private ownership. With the help of privatization, people, for example, who live in an apartment under a social tenancy agreement, become the owners of the privatized residential premises, which means they have more rights to dispose of the apartment. The owner has the right to sell the apartment, pledge it, donate it, or do redevelopment, which a person living under a social tenancy agreement cannot afford to do. However, it is worth remembering that in addition to the right to use, possession and disposal, the new owner is responsible for paying property taxes, contributions for major repairs and other responsibilities inherent to owners.

Why is privatization needed? In addition to expanding the rights of the new owner, the privatization process is designed to achieve many established goals, for example:

1. Stimulating and increasing the efficiency of the economic system in the country;
2. Reduction of property owned by the state;
3. Increasing the state budget;
4. Increase in tax payments.

In addition to apartments and residential premises, some enterprises are also subject to privatization. This is carried out in order to increase the efficiency of production and the opportunity for citizens to create businesses. In general, the privatization process is quite popular and widespread in Russia. Until now, a large number of disputes about privatization and rights to privatized property are being considered in Russian courts. Of course, this procedure has its limitations, but for the most part, anyone can privatize residential premises.

The privatization agreement is concluded by those people who live in the apartment

Pros of privatization

The main positive point: you will become the owner of the property and will be able to dispose of it at your own discretion.

The owner has the rights to own, use and dispose of his property. You can sell the apartment, exchange it for something else, donate it, pass it on as an inheritance, mortgage it to take out a loan, and so on.

Own housing can become a contribution when registering rent or when concluding an agreement on relocation to a social shelter for the elderly.

If you want to remodel, you can contact the district administration, coordinate the project and get permission to remodel your apartment. In public housing, where you are just a tenant, no one will allow you to tear down walls and share a bathroom.

The same applies to the transfer of premises to non-residential. If the apartment you live in is located on the ground floor and it makes sense to transfer it to the status of non-residential premises in order to sell it for an office or store, it must first be privatized.

Who can have the right to privatize

Who has the right to privatization? Not all citizens have the right to enter into a privatization agreement, but only those people who permanently reside in an apartment or other residential premises under a social tenancy agreement.

A social tenancy agreement and living in a specific apartment are not the only conditions that are necessary to obtain ownership of a wild premises. But what other conditions could there be then? Let's look at the basic rules for those who want to privatize an apartment:

1. Firstly, each person has the right to privatize an apartment only once. This means that if you have privatized an apartment once, then if you live in a residential building again under a social tenancy agreement, you will not be able to privatize the apartment a second time. This rule is quite important, so privatization must be carried out wisely;
2. Secondly, there are special rules for children. Since the child is also a person living in the apartment, he also participates in the privatization process. Of course, from the lita of your representative, for example, mother or father. That is, if the parents decided to privatize, then the child also participates in privatization;
3. Thirdly, the child may be excluded from the privatization process. Sometimes parents or official representatives prefer not to include a minor child in the process of transferring an apartment into private ownership. Each family has its own reasons. But to carry out this action, parents will need permission from the guardianship authorities. And this is justified. Since the guardianship authorities are interested in ensuring that the child is not deprived of the property due to him. That is, guardianship here operates on the principle of preventing any operations or actions to the detriment of the child and his life;
4. Fourthly, if as a child your parents entered your name into privatization, then the rules on one-time privatization do not apply to you. What does it mean? Even if you participated in privatization as a minor, then after you reach adulthood you can re-privatize the apartment. But again, after 18 you can only do this once;
5. Fifthly, if the interest in privatization concerns the apartment of a deceased person, then only those persons who lived together with the deceased have the right to such privatization.

As a result, the privatization of residential premises is available to all adult citizens who live in an apartment under a social tenancy agreement, provided that they have not previously entered into an apartment privatization agreement.

What is the difference between privatization and property rights?

Having defined the main characteristics of both concepts, it’s time to conduct a comparative analysis of them:

• The first thing that distinguishes privatization from property is the cost of the procedure.

The transfer of housing into the ownership of citizens itself is free. There is no need to buy an apartment or land from the state (see “How much does it cost to privatize an apartment?”). Buying a property is an expensive undertaking. Thus, privatization (if it is not a buyout) is free, and the acquisition of housing into personal ownership under a purchase and sale agreement is paid (inheritance and donation are conditionally free).

• The second difference between privatization and registration of ownership is the subjects of the transaction.

Privatization of an apartment or plot involves contacting municipalities or departments, i.e. The state is always involved in the transaction. When registering housing as personal property, you are dealing with individuals or legal entities: grandchildren, heirs, grandparents, realtors - in a word, the previous owners of the property. The state is involved in rare cases.

• The third difference is real estate rights.

Privatization is available only to the employer and his family members. And only under a social rental agreement. Outsiders cannot participate in the transaction. The property does not have any special requirements. Do you have money for an apartment? Choose the option you like, pay and become the owner. It’s another matter if it’s a gift or inheritance - here you need to have certain rights to receive an apartment.

• The fourth and final difference is the methods of obtaining the object.

Privatization is available in one single form, while the acquisition of property is much broader: it includes purchase and sale, inheritance, and a gift agreement... In a word, there are a lot of options.

Example:

Bondarev was looking for the best way to acquire ownership of housing: privatization of an apartment or another method of transferring it into private ownership.

The conditions were as follows:

• Bondarev was the tenant of a one-room municipal apartment, which means he could theoretically privatize it.
• Bondarev had no relatives, which means he could not inherit a separate apartment, and, most likely, would hardly have received it as a gift.
• Bondarev saved up a certain amount of money - theoretically, he could purchase inexpensive housing on the secondary market, or buy living space from the state (slightly cheaper).

After weighing all the pros and cons, Bondarev settled on the option of free privatization of the apartment. There will be no need to buy the home from the state, which means the man will still have money left over for repairs. Bondarev was the sole tenant of a municipal apartment, which gives him the right to become the sole owner of the property. Subsequently, the man can sell the re-registered property and buy another home, but with a larger area and in a convenient area.

So there are plenty of differences. Property is a broader concept, while privatization is narrowly focused. Ownership allows you to dispose of the apartment at your own discretion. If housing is not privatized, it does not belong to a person.

How privatization is carried out in 2021

Many people are interested in the question of how to privatize an apartment in 2021? We will now look at the main steps of privatization in order to reveal the long process of acquiring state property.

The procedure for privatization in the Russian Federation is fixed by the Federal Law “On the Privatization of State and Municipal Property” dated December 21, 2001 No. 178 - FZ. It is there that all the legal subtleties and nuances of the procedure are revealed. Next, you will learn how to privatize an apartment under a social tenancy agreement in 2021, which is based on the key points of this law.

Stages of privatization of residential premises:

Stage 1 Preparation of documents

In fact, collecting documents is the most important stage. It takes the most time. We recommend collecting papers in advance.

Stage 2 Determination of persons who participate in privatization

Privatization affects absolutely all those who are registered and live in housing. Therefore, you must either obtain the consent of all participants, or a refusal.

Stage 3 Bureau of Technical Inventory

Next, the employer applying for privatization of property must contact the Bureau of Technical Inventory (hereinafter referred to as BTI). The BTI keeps records of the condition of the property. Contacting the BTI is necessary in order to obtain a technical plan of the premises and confirm the absence of redevelopment in the apartment. In cases where redevelopments have been carried out, they must be legalized and only after this is it possible to obtain an updated technical passport of the residential premises.

Stage 4 Contacting the municipality

The next step will be to contact the owner. How to privatize a municipal apartment? Regarding municipal housing, transfer of ownership occurs by contacting the relevant municipality, which is the owner of the housing and has the right to issue permission for further privatization.

Stage 5 Appeal to the Resstr

After completing the above actions, the future owner must contact Rosreestr to transfer the necessary documents for registering ownership.

Stage 6 Execution of the privatization agreement

The final stage is to receive an extract from the Unified State Register and contact one of the authorized bodies to submit a full package of necessary documents for the subsequent execution of the contract.

Stage 7 Obtaining ownership of the apartment

After completing the previous steps, you can assume that the apartment is your property. Now you can fully dispose of this property.

determined that the difference between privatization and registration of ownership is as follows:

Volume. Registration of ownership is a broader concept than privatization, which includes, among other things, the purchase of real estate, its acceptance as a gift and inheritance, barter, and more. Transition process. During privatization, one of the subjects of relations is always the state. Upon registration of ownership Remuneration. As a rule, privatization is carried out only for a certain fee (cash, checks, vouchers, etc.), although there is an exception in Russian legislation. Registration of ownership can also be free if we are talking about donation, exchange, or inheritance of property. Procedure. The privatization process is the same for everyone: only eligible persons are allowed to participate. The rules for registering property as property depend on both the subjects of legal relations and the type of real estate.

How privatization occurs in Moscow and St. Petersburg

The privatization of an apartment in Moscow is different in that, unlike many regions, citizens have the opportunity to submit documents both through Multifunctional Centers and through the official website of the Moscow Mayor.

Submitting an application for privatization online in Moscow is possible in the following cases:

1. The family consists only of adult citizens who have resided in the city of Moscow since July 21, 1991 or since birth;
2. There are no adults incapacitated or orphans in the family.

In St. Petersburg, the privatization process can be monitored on the regional website of public services, as well as by contacting Gorzhilobmen or the Multifunctional Center. Transfer of ownership of certain types of residential premises in St. Petersburg does not occur in certain situations:

1. The housing that is planned to be privatized is located in a closed military camp or is in disrepair;
2. Specialized premises (for example, a nursing home or foundation);
3. Premises located inside industrial facilities (schools, hospitals, boarding houses, etc.).

Non-privatized apartments belong to the state

FAQ

Question No. 1. Where should I contact? The transfer of ownership can be formalized in writing by a lawyer or a notary. Privatization is available to citizens at the authorized body, at the MFC.

Question No. 2. Is it mandatory to register all real estate with the new registration service? Real estate objects registered, for example, with the BTI, do not require mandatory registration at the state level. But there are some nuances, for example, when applying to the trustee authorities to obtain permission to register the sale of square meters where children are registered. In this case, registration will be required.

Question No. 3. Consequences of violations in the process of privatization and property? If there are violations during the privatization process, as well as during the process of taking ownership, the transaction will be determined as invalid. Therefore, there must be a clear understanding that a legally significant procedure is being carried out with all the resulting consequences.

Question No. 4. Are the procedures paid or free? Property is alienated during privatization on a reimbursable basis; until March 1, 2021, this service was considered free.

What are the legal grounds for privatization?

In general, the definition of privatization already allows us to answer this question. But if we turn to Russian laws, the Law “On Privatization” says the following: “the legal basis for privatization is a social tenancy agreement.”

That is, privatization is a process that is carried out solely because a citizen (family) lives in a residential building under a social tenancy agreement he has concluded. In this case, it is also necessary to be guided by who may include a social tenancy agreement. This can also be found in the norms of Russian acts. In short, those persons who are recognized as poor or needy have the right to social rent.

Accordingly, if you already have your own apartment, you have a favorable economic situation in your family, then you will not be able to conclude a social rent agreement and subsequently privatize the apartment.

Negative sides

After a person becomes an owner, he automatically participates in market relations.

Important. In addition to legal rights, a person also receives the obligations of a property taxpayer.

In addition, they have the following responsibilities:

1. Maintenance of common property. This applies to any type: house, apartment, legal entity.
2. Payment of utility bills at inflated prices. Exceptions include beneficiaries: large families, pensioners, etc.
3. Funds are allocated for major repairs in an apartment building.
4. Independent registration of inheritance if you plan to transfer living space. Otherwise, the share of square meters goes to the state.

Types of housing for privatization

What kind of housing can be privatized? First of all, those residential premises that were received for use by tenants under a social tenancy agreement concluded with the municipality are subject to privatization.

In addition to this type of residential premises, some types of departmental housing are subject to privatization in the following situations:

1. Departmental housing has not been withdrawn from circulation. For example, if a decision on seizure for state needs was not made in relation to a specific housing;
2. When a citizen expresses a desire to privatize departmental housing, the consent of the owner is obtained;
3. Departmental housing was transferred to the balance of the municipality.

Departmental housing is residential premises that belong to organizations. for example, service housing. In this case, if you have been provided with this type of housing, then you can privatize it by analogy with ordinary social rent.

What is not subject to privatization

So, from what has already been described, it becomes clear that privatization is a process in relation to residential premises. But are there any prohibitions? Yes, such conditions exist. They mainly concern the very condition of the premises. Let's look at these prohibitions in more detail:

1. You cannot privatize an apartment that is in disrepair. For example, if a decision was made to demolish a specific house, then privatization of these apartments is impossible. A similar situation arises when it comes to home reconstruction. To avoid getting into trouble, study information about the condition of your home;
2. Dilapidated houses. Such housing also cannot be subject to the privatization process. What is the difference from an emergency condition? When housing is recognized as dilapidated, it is provided that it does not pose a threat to the lives of residents. But at the same time, it cannot satisfy all the requirements and standards of residential buildings;
3. A house located in a military town. There are enough such cities in Russia. They are small, few in number, and the houses in them are mainly built for military personnel. Now many cities, of course, have already been removed from the status of closed military cities. However, questions about privatization are relevant. In such cities, privatization is unacceptable;
4. Service housing. Often, due to work or service conditions, employers provide housing for their employees. Such apartments are not state-owned, so there can be no talk of privatization. Of course, if the organization you work for does not belong to the category of government organizations;
5. The apartment you want to privatize is an architectural monument. Such houses are the value of every municipality. Therefore, issues of transfer of ownership in relation to such buildings are prohibited;
6. Also, you will not be able to privatize an apartment if it is already owned by someone.

The application for privatization is accompanied by a large volume of documents

Privatization of official and departmental housing: legislation

There are several types of residential premises depending on the government agency. There is a so-called specialized housing stock. Let's define this concept.

A service apartment is a room in which a serviceman lives while serving in the RF Armed Forces. The defender of the Motherland and members of his family can use it for the entire period of validity, until he is transferred to the reserve and excluded from the lists of the unit.

However, the majority wanted to have living space that could be freely disposed of: sold, donated, bequeathed. None of the above operations can be done with a service apartment.

To change the situation, you need to re-register the living space in your name. What do the current legislative norms say, on the basis of which a new legal relationship may arise in this area?

Privatization of military housing is regulated by the following legal acts:

• Law No. 1541-1 “On the privatization of the housing stock of the Russian Federation”;
• Federal Law “On the status of military personnel” dated May 27, 1998
• Housing Code of the Russian Federation.

So, in Art. 2 of Law No. 1541-1 states that “citizens who live in apartments for social rent have the right to purchase them under the conditions provided for by this legal norm or other regulations of the Russian Federation into common or individual ownership.”

Clause 6 of Art. 15 of the Federal Law “On the Status of Military Personnel” explains that officers serving under a contract, either transferred to the reserve or on a long-service pension, as well as members of their families, have the full right to receive free ownership of the official residential premises they occupy, on the basis of a social tenancy agreement.” .

The legislator allows the apartment to be decommissioned and transferred to the category of personal real estate. However, for this it is necessary to meet the conditions that will be discussed below.

What documents need to be collected for privatization

What documents are needed for privatization of residential premises? The list of required documents is quite voluminous and, as a rule, collecting a complete package of documents takes the most time. If you are going to take part in privatization, then stop at this stage in more detail and correctly fill out all the necessary papers.

So what will you need? Here is a detailed list of required papers:

Application for privatization

Extract of personal account (indicate everyone living in the apartment)

A document confirming that you have not previously taken part in privatization

Payment of state duty

Passport of all privatization participants

Extracts from home books

Consent of all residents to privatization (issued in writing)

Cadastral passport

Permission from guardianship authorities (for children)

Birth certificate (applies to minors)

Social rent agreement

Registry office certificates (about death, about marriage, about divorce - from the situation)

Technical passport of the premises

Who can be a party to the transaction

Upon privatization:

1. The first party is the state, represented by the body that owns the residential plot at the time of its transfer to people for rent.
2. The second party to the contractual relationship is those who use the lease, as well as the citizens living with it. They must have a residence permit.

The first and second parties independently distribute shares in the property for all registered family members according to percentage.

One person can do the registration. To do this, the consent of the people living together must be notarized.

Thus, at the legislative level, the rights of children to participate in privatization were protected.

Important. Parents must, based on the Federal Law “On Privatization,” determine the percentage share for minor children.

How and where to submit the collected package of documents

Documents for privatization are submitted personally by the applicant, and their list is specified for each region separately, since the list of the required package of documents may vary in some regions.

In addition to the applicant, when submitting an application and documents, the presence of all persons over 14 years of age who have the right to use, registered in this residential premises, as well as representatives of minors is required. Documents for privatization of an apartment are accepted by an employee of the authorized body, who is obliged to issue you a receipt confirming the acceptance of the documents you provided.

Who can privatize real estate

Any citizen of the Russian Federation can privatize social housing, but only once in their life. The exception is minor Russians who were included in privatization along with their parents. In this case, after 18 years of age, they can exercise their right again if they are registered in a non-privatized apartment or receive it as a person on the waiting list. Anyone registered in the apartment can register ownership. The fact of permanent registration is more important than actual residence.

Reasons for refusal

Privatization is not always carried out without any problems. Often authorities refuse this process due to human inattention or critical inconsistencies. In any case, you need to familiarize yourself with these reasons in order to avoid a possible fiasco:

1. Not that kind of living space. That is, residential premises are not included in the group that is allowed for privatization;
2. Errors in information about citizens who will potentially be participants in privatization;
3. Inconsistency of documents;
4. Errors in document preparation;
5. Falsification of any documents or certificates.

An application for privatization may be rejected, so check where to start preparing documents

What premises are subject to privatization?

Residential premises (rooms, apartments, residential buildings) in the state and municipal housing stock for social purposes on the territory of the Russian Federation, including departmental housing stock (housing stock under the full economic control of enterprises or operational management of institutions) are subject to privatization.

Please note that the law establishes a list of residential premises that are not subject to privatization.

More details

The following residential premises are not subject to privatization:

• in disrepair;
• in dormitories;
• in the houses of closed military camps;
• service residential premises (with the exception of the housing stock of state farms and other agricultural enterprises equated to them);
• housing stock of stationary institutions for social protection of the population located in rural areas.

Is the procedure free?

Yes, the procedure is free. Which is logical, because we are talking about those families that are recognized as poor or in need.

Of course, you won’t be able to bypass paying the state fee. This is a required step. But don’t be upset, it is only 2 thousand rubles.

But there are small nuances. In the previous sections, we indicated that the package of documents is quite large. And most documents require notarization. And notary services, unfortunately, are not free. Please take this into account when preparing for privatization.

What housing can be privatized

Real estate transferred for use under a social tenancy agreement becomes the property. The state provides housing to needy citizens who cannot independently improve their living conditions. First of all, these are the poor. Low-income status is given to citizens whose income for each family member is less than the subsistence level. In this case, housing is allocated to them on a first-come, first-served basis. Municipal apartments are also issued during the resettlement of emergency social housing, as well as within the framework of various government programs, for example, to provide apartments for orphans.

Advantages and disadvantages of the process

It sounds like a good opportunity to take ownership of state property. But is it really so rosy? In reality, the process itself is very complex, so it can also have negative consequences. Let's look at the positive and negative characteristics of the privatization process in general.

Pros and cons of the privatization process

What is property?

Could privatization end?

The opportunity to own public housing is tempting. Therefore, many people living in such apartments constantly wonder whether the possibility of privatization can someday be cancelled, are there any time limits?

Our state is young, and so is our legislation. Since the updating of housing standards, which happened in 2007, privatization and its terms have changed about five times. At the moment, such a period has not been established by the state. So for now we can count on privatization without restrictions.

the privatization process can be carried out not only through the authorities, but also through the MFC

The concept of privatization and property. Differences

With the beginning of perestroika in 1991, a wave of transfer of state real estate into private ownership of citizens began. During this period of time, all segments of the population had a chance to get their own housing free of charge.

These were mainly apartments, land or private houses. Despite the fact that quite a lot of time has passed since that moment, the privatization procedure remains strange and incomprehensible for many.

In this article we will explain how the right to own real estate differs from privatization and what are the features of each form of property ownership.

What to remember

The topic of privatization is quite complex. There are many so-called pitfalls. And not everyone can understand the privatization process with all its nuances. If you are going to take part in the privatization of an apartment, then pay attention to the following aspects:

• First, you need to check and find out the official status of your residential premises. The main thing is to find out whether it is part of those premises that cannot be privatized;
• Secondly, it is necessary to identify all the people who are involved in privatization. For example, if many people are registered in an apartment, but not all of them live, it is necessary to notify and obtain consent from the persons registered in the apartment. Therefore, we advise you to start discussing issues in advance with those who have the right to privatization;
• Thirdly, the package of documents is important. Again, different municipalities may have different requirements. Therefore, it is better to contact your local government directly. Accurately adjust the list of documents and begin preparing them;
• Fourth, consider all financial expenses;
• Fifthly, evaluate the prospect of privatization; perhaps it is better for you to abstain from it.

Rubric “Question/Answer”

Please tell me, I own an apartment. Can I privatize other housing for free if I have this property?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Yes you can. For free privatization of housing, two conditions are sufficient. The first is the existence of a social rental agreement that you entered into with the city administration. Secondly, you have not previously participated in the privatization of housing. If these conditions are met, you can begin the procedure. And it doesn’t matter if you own another apartment?

There are 4 people registered in the apartment. What is the difference between privatization per person or in shares for each?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Privatization is the transfer of municipal property into private property. If 4 people are registered in the apartment, then they can claim a share in the privatized living space. Each of them has this right. But there is also the right to refuse to participate in privatization. Then the refuser’s share will be distributed among the remaining participants in the procedure.

• If housing goes to one person, and others write a refusal, the object will become individual property (refuseniks receive the right to lifelong residence in the apartment).
• Privatization of housing by two or more persons gives the right to choose - joint or shared ownership. Joint property is suitable for spouses, and shared property is suitable in any situation.
• If all four agree to privatization, each will get 1/4 share in the apartment. Housing can only be disposed of jointly, and your share - without regard to other co-owners.

Choose an option based on your personal relationships and future goals for the apartment.

Could you help me understand the issue of property and privatization? I am the owner of the apartment - by will. There is a certificate of ownership and all data is recorded in Rosreestr. But there is no information about privatization, and I receive payment documents from the housing office for the cooperative apartment. Is my apartment privatized? Or should I privatize it?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

If there is a certificate of ownership, it means the apartment is privately owned, i.e. privatized. You cannot inherit public housing. It does not belong to a person, and therefore is not included in the hereditary mass. Probably, in your case, they forgot to change the information in the housing office. Look on the receipt to see if there is a line “social rent”. If there is a dash in the column, it means the housing has been privatized. Contact the Housing Office office and report the discrepancy in status. They will tell you how to write an application and where to send it. The issue must be resolved quickly. We also recommend reading our article “How to find out whether an apartment is privatized or not?”

Are housing and communal services payments different in your own and privatized apartments? You don’t want to overpay, what should you choose?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

According to paragraph 1 of Art. 154 of the Housing Code of the Russian Federation, the tenant and his family members in a municipal apartment bear two types of expenses - rent (rent) and maintenance of the apartment building. Roughly speaking, monthly rent of living space + expenses for gas, electricity, water and other services are paid. Receipts are sent by the Management Company. In addition, if the housing is not owned, the receipt contains a mandatory column “social rent payment”. But there are no fees for major repairs and maintenance of MKD property. These costs are borne by the owner of social housing - the municipality. Co-owners of a privatized apartment do not pay for the use of housing, but bear the costs of major repairs. Which is better in terms of savings on housing and communal services? Definitely social housing.

Not everyone can understand private and municipal property. Choosing in favor of one option or another is always difficult. Especially if a person wants to save on utility bills, get his share, donate or bequeath a home. Conflicts very often arise - with the administration, Rosreestr, Housing Office, Pension Fund and other services. If you need the help of a lawyer, ask a question - will the lawyer analyze the problem and tell you what to do? Consult with lawyers in any unclear situation. A balanced approach will ensure that you will not be left without housing and will make the right choice - privatization or ownership?

The procedure for privatizing an apartment. Step-by-step instruction

First, it is necessary to determine the circle of persons who will participate in the privatization of the apartment, respecting the rights of all persons registered in this dwelling.

If the rights of all interested parties are not respected, then there is a risk that the court will invalidate the privatization. Even if there are registered citizens in the apartment who do not want to participate in privatization, they must provide a written, notarized refusal of privatization and consent that other persons will participate in it.

A citizen’s consent to the participation of other persons in privatization will not be required if the citizen has previously exercised his right to privatization.

And if a child was previously registered in the apartment, then discharged and registered at a new address, then the consent of the guardianship and trusteeship authorities is required to carry out privatization without it. They will give this consent provided that this child is registered at a new address and has become the owner of the apartment.

The procedure for privatizing an apartment under a social tenancy agreement

1. Check to see if there are any debts on utility bills, and if there are, pay them off.
2. Take and fill out an application on a form issued by the local government authority. Such an application should be submitted after collecting and preparing all the necessary documents.
3. Contact the BTI with a request to draw up a floor plan and a cadastral passport of the premises. It should be understood that this procedure can last up to 6 weeks, so contact the BTI in advance.
4. Contact the MFC or through the State Services website to obtain a certificate of registered residents in the apartment, a certificate of non-participation in privatization, an extract from the personal account and a certificate of the status of the privatized object.
5. If one of the residents does not participate in privatization, then they need to write a waiver of their share. If the refusal is issued on behalf of a child from 14 to 18 years of age, it is required to obtain and attach permission from the guardianship authorities. Children under 14 years of age receive a share without fail; a waiver cannot be issued on their behalf.
6. If one of those registered cannot participate in privatization personally, then a power of attorney must be issued.
7. Pay the state fee and take a receipt for payment.
8. Prepare passports of all participants, social tenancy agreement, death certificate of those registered (if the deceased was registered after 2000)
9. Submit an application and a package of documents to the housing department of the city administration for consideration. If all documents are available and executed correctly, then citizens are notified of the start of the procedure and must sign a privatization agreement. Everyone signs the agreement personally and the administration draws up a privatization agreement.
10. Register ownership after successfully completing the privatization procedure in Rosreestr.
11. Obtain a certificate of registration of rights.

Depending on the region of privatization of the apartment, the list of documents may be expanded, so check with the administration for the exact list of documents.

The administration checks documents and prepares agreements under a social tenancy agreement within two months.

Reasons for refusal to privatize:

• The apartment is not subject to privatization. If residential premises have a special status (service apartments, rooms in dormitories, apartments from the reserve fund of settlements, apartments in houses located in closed military camps), then such an apartment cannot be privatized. But in some cases, it is possible to transfer premises from one status to another and privatize them in court;
• There is no consent of the registered citizen;
• If illegal redevelopment has been carried out in the apartment. For privatization, it is necessary to coordinate such redevelopment with the relevant organizations. At the same time, there are types of redevelopment that cannot be legalized. If load-bearing walls in an apartment are demolished, ventilation ducts are eliminated, a kitchen with gas equipment and a room are combined, the authorities will oblige the tenant to return the apartment to its original appearance. In addition, you will have to pay a fine for this.
• Providing invalid or non-compliant documents. In this case, it is necessary to double-check everything, re-register and re-submit the inappropriate documents.

If you were illegally denied privatization, then you have the right to challenge this action in court. You can contact an experienced specialist in judicial matters on our website through an online consultant (if you do not see the chat in the lower right corner of the screen, then turn off the Adblock blocker in the settings).

Privatization of an apartment in court

You should go to court if you have received an unfounded refusal from administration employees to privatize an apartment.

The procedure for privatizing an apartment in court includes several stages.

1. Receiving a written refusal to privatize. If the administration does not issue an official refusal, and at the same time does not allow the apartment to be privatized, then you can go to court without such a refusal. In this case, the claim must indicate the date of submission of documents to the administration and the fact of non-issuance of a reasoned refusal.
2. Collect documents that must be attached to the claim. These are all the documents that were submitted to the local government. Including an application for privatization with an entry number and copies of identification documents for each citizen.
3. Write a claim. This stage is very important for the plaintiff and requires attention to the correct wording in the claim, to the analysis of judicial practice in your city and to the formulation of the correct demand. Our lawyer (online consultant) will help you file a claim.
4. Submit a statement of claim with all documents in 3 copies to the court. One statement is for the judge, another is for the defendant, and the third is for you. At this stage it is necessary to pay the state fee.
5. Take part in court in person or through a representative. If your interests will be protected by a representative (lawyer), then it is necessary to notarize the power of attorney in his name
6. Get a court decision. If the decision is positive in terms of recognition of ownership rights, then it is necessary to obtain an extract from the Unified State Register of Real Estate on the right to a privatized apartment. If you indicated in the requirements of the claim that the refusal was declared illegal and that the administration was forced to enter into an agreement, then you should again contact the local government body.

Refusal to participate in privatization

Anyone can refuse privatization. Sometimes it happens that some residents agree to privatization, but do not want to personally participate in the procedure. As a rule, such persons retain the right to lifelong use of residential premises and residence in it. They cannot be evicted even after the property is sold. In this case, the refusal in favor of other participants is formalized by a notary. After this, the “refusenik” has the right to privatize other housing, as well as take part in other state housing programs.

Privatization: common problems

Various problems often arise when preparing documents. For example, sometimes it is difficult to prove that a person has never participated in the privatization of the premises where he was registered. You can obtain a certificate of non-participation on the government services website. But in some cases, a request to provide a document is refused. The absence of a certificate is grounds for refusal of privatization. In such situations, the problem is resolved through the court. The second most common problem is the lack of a move-in warrant. Controversial issues in this case are also resolved in court. This is relevant if it was not possible to find the document through the archive and local administration.

Documents for privatization..

The list of documents is not established in federal legislation. Each region independently approves this list.

For example, Moscow has its own administrative regulations, according to which the following documents must be provided:

1) Application for the provision of public services.

2) Passports of the applicant, all members of his family, as well as everyone who is registered in the privatized residential premises and has the right to use this premises on social rent terms. For children under 14 years of age, birth certificates will be required.

3) Social tenancy agreement for an apartment.

4) An order or an extract from an order of an executive authority. If the order is lost, you need to obtain a copy of the order of the executive authority from the archive. In Moscow, such a copy can be obtained free of charge at any MFC.

5) A document confirming Russian citizenship - for children under 14 years of age. If the child’s parents are citizens of the Russian Federation and are registered in a privatized apartment, this document is not needed.

6) An extract from the house register or a similar document for the period from July 21, 1991 until the moment of registration in the privatized apartment.

7) A document from the authorized body confirming that the right to participate in privatization at the previous place of residence was not used, as well as a document confirming the authority of this body to issue the specified document.

8) Written consent to privatization or written refusal to privatize the occupied apartment. These documents are drawn up in approved forms and must be notarized or signed in person in the presence of an MFC employee.

9) Technical passport for the apartment.

10) Floor plan.

11) An extract from the personal account indicating everyone living in the apartment.

FOR SEPARATE CATEGORIES - for example, military personnel, disabled people, children without parental care or from specialized institutions - additional documents will be required. For example, a notarized power of attorney, if the application and documents are submitted by a representative, or a decision of the guardianship, trusteeship and patronage authority, if the documents are submitted by the guardian of a minor. A list of other documents that may be required is contained in the administrative regulations.

WHERE TO OBTAIN DOCUMENTS FOR PRIVATIZATION.

The application can be filled out at the place of submission - at the MFC.

Decisions of the guardianship and trusteeship authorities, court decisions and sentences, a certificate of release, a document confirming the serving of a sentence, an extract from the military personnel’s personal file are issued by the relevant authorities - guardianship and trusteeship, court, correctional institution or archive of a military unit.

A social tenancy agreement for an apartment, a warrant or an extract from an order of an executive authority must be in the hands of the social tenant. If lost, you need to contact the archive through the MFC.

Document on Russian citizenship - in the multifunctional migration center.

An extract from the house register or a similar document and an extract from the personal account - in the HOA (MC, housing cooperative, etc.) or in the MFC.

A document confirming the unused right to participate in privatization at the previous place of residence - in the local government body or technical inventory organization - BTI.

The technical passport and floor plan must be ordered from the BTI.

This is what the first page of a technical passport might look like

HOW LONG ARE THE DOCUMENTS VALID. All documents have different validity periods. For example, an order or social rental agreement has no restrictions on its validity period. The technical passport and floor plan for the apartment are also not limited by date by law, but in practice in some regions they may be asked to update them. An extract from your personal account and a certificate of no debt on utility bills are valid for a month.

It is better to take to the MFC in advance a list of documents that are required in your region and immediately clarify the end date of their validity. This way you can figure out which documents to receive first and which ones immediately before submitting your application, so that you don’t have to request the same document several times.