How to conclude?
Although this document is concluded with the state, the citizen must know all the rules for its execution. Every capable person is solely responsible for his actions and decisions; no one exempts him from responsibility for wrongful actions due to ignorance of the law. In addition, mistakes cannot be ruled out in the work of government bodies.
Requirements for form and content
A contract for the privatization of residential premises can be drawn up in simple written form, but, as a rule, special forms are used for this according to the established template.
The content can be divided into blocks: descriptive, subject parts, rights and obligations, conclusion.
Descriptive part:
- Number and date of the contract;
- Place – subject of the Russian Federation (republic, territory, region or district), populated area.
- Information about the first participant. Name of the local municipality bodies, full name of the head, details of the document on the basis of which the head represents the interests of the authorities.
- Full name of the citizen, his full passport details, place of residence and registration, details of the document that serves as justification for living in the apartment.
The subject will be a description of the object of the contract, that is, the apartment, indicating its area, floor, position of the rooms, and address.
Rights and obligations:
- the municipality is obliged to transfer ownership of housing free of charge;
- a citizen must carry out major repairs and pay an annual tax;
- a citizen has the right to register any person in his home, sell, donate, bequeath and rent out this apartment.
Conclusion:
- The fate of the premises in the event of the death of the owner and other general information are indicated.
- At the end, the date of conclusion of the contract is indicated again.
- The parties certify the document with their signatures.
- The administration confirms its signature with an official seal.
Important! Before signing, make a second copy of the document. Then both sign and seal it. One copy remains with the administration, the other belongs to the new owner.
What is this?
The agreement confirms the free transfer of housing in houses with state and municipal ownership into the personal property of individuals and it looks, accordingly, the same as any similar document.
The right to free privatization can be used by individuals registered in the apartment, as well as those who are absent but have not lost the right to space in the residential premises.
The following are considered as objects of privatization:
- separate housing;
- rooms in communal apartments.
It should be emphasized that concluding an agreement of this kind is a right, but not an obligation, of citizens.
According to the Constitution, the Civil Code of the Russian Federation and the Housing Code of the Russian Federation, a person cannot be forced to acquire ownership of an apartment through privatization.
Photo
Next, you can see a photo of what a sample agreement for the privatization of an apartment looks like:
What do you need to consider?
If, along with the applicant, other citizens, members of his family, also participate in privatization, then in the agreement on the transfer of ownership of citizens, their data must be indicated, and the share of ownership in this premises is also determined. Spouses do not have to separate shares; they own the privatized apartment jointly.
Essential conditions
In order to carry out privatization and participate in it it is necessary:
- have a permanent residence permit in this apartment, or a reservation of living space;
- have no experience of privatization before, such pleasure is available only once;
- make sure that there is no ban on the privatization of this premises;
- voluntary consent of the citizen, as well as members of his family, who will be indicated in the contract.
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.
Do I need to be certified and registered?
This document does not need to be notarized, but it will have to be registered with the Russian Register. Otherwise, it will subsequently be impossible to carry out other transactions with this apartment, for example, to sell it.
To register with Rossreestr or the MFC, they submit the necessary documents, including the specified agreement and its copy, and pay the established state fee. Within 60 days, Rossreestr issues another document - the right to property. The privatization agreement also remains with the owner.
Decor
Legally, the beginning of the contract execution procedure is marked by filing an application in the prescribed form.
The document preparation procedure is completed within two months. Refusal to provide a service is possible in three cases:
- There are not enough documents in the package;
- the person has already used the right to privatize housing;
- residential premises do not belong to the property of the Russian Federation.
The public service is provided to applicants free of charge by executive authorities. In Moscow, it is implemented through the Housing Privatization Directorate of the Municipal Housing Department. In St. Petersburg, the decision is made by the St. Petersburg State Budgetary Institution Gorzhilobmen (St. Petersburg State Budgetary Institution "Gorzhilobmen") and the Housing Committee.
To receive the service, a person applies to the MFC in person or sends his representative there on the basis of a notarized power of attorney.
An alternative method of submitting an application electronically through the government services portal has also now . Before filling out the application, the package of documents must be scanned or re-shot with a digital camera and digital copies of the papers listed above must be attached to the application for privatization of residential premises sent via the Internet.
After sending data through the portal, you need to monitor the email entered by the applicant when filling out the application. The authority responsible for the provision of the service will send notifications about the progress of the application and may invite the individual to appear in person at the organization providing the service.
Having prepared the contract, the executor sends the applicant a written invitation to appear at the appointed time to sign this document.
On the specified date, all interested parties come to the MFC, get acquainted with the document, check if there are any errors there . Then everyone signs the apartment privatization agreement, after which it is stitched, sealed with a hologram and handed over to the applicants.
This document is the basis of a set of papers with which you should visit Rosreestr in order to register ownership of housing and be able to carry out various types of transactions with real estate (sale, exchange, donation, etc.).
Termination procedure
If for some reason the new owners decide that they do not want to be them, they can carry out the reverse process and terminate the contract. This process is called deprivatization. The basis for this procedure may be violations committed in the execution of the contract. There are 2 ways to implement it:
- Application to the municipality with a request to terminate the existing agreement.
- A lawsuit is filed in case of refusal by the authorities.
It will not be possible to return everything back if the following facts exist:
- at least one of the owners does not support this initiative;
- housing is pledged under a loan agreement;
- a minor citizen took part in privatization;
- the applicant owns other housing;
- after the conclusion of the contract, other residents were registered.
Attention! If a person terminates such an agreement, he will never be able to obtain free ownership of either this or any other public housing.
Peculiarities
Each case has its own nuances:
- A document can be declared invalid due to any violations only within a year after its conclusion.
- Inheritance of a part in an apartment after the death of one owner will be in accordance with the legal order, and not on the basis of residence in it.
- If there is an error in the written text - date of birth, personal data, then you must contact the authority that issued the document for correction. The corrected version must be submitted to Rossreestr for review.
- If the sole owner dies and there are no heirs, then the apartment returns to the ownership of the municipality.
- It is impossible to evict a homeowner, even if he is a persistent defaulter of utility bills.
- Payment for utilities will be slightly higher for owners than for tenants.
- Family members who refuse privatization, after signing the agreement, will no longer be able to change their decision and take ownership.
Which apartments can be privatized
Premises provided under social rent are transferred to the ownership of individuals. The rules for obtaining such living space are regulated by Art. 672 of the Civil Code of the Russian Federation. The basis for inclusion in the number of purchasers of real estate is registration. Family members of the employer have equal rights. The decision on privatization is made jointly.
Temporary disposal does not prevent the conclusion of the transaction. The circle of owners includes residents called up to serve in the armed forces, patients hospitalized for a long time, and those sentenced to imprisonment. Agreements concluded in circumvention of such persons are declared invalid (decision of the Sovetsky District Court of the city of Ivanovo in case No. 2-199).
The list of objects that do not fall under the scope of Law No. 1541-1 is enshrined in Art. 4. The subject of a voluntary transfer agreement should not be:
- emergency real estate;
- housing in military camps;
- dormitories;
- service apartments (with the exception of state farms and agricultural enterprises);
- reserve of areas of social protection bodies in agricultural areas.
The law also provides for reverse privatization. Authorities can purchase real estate from citizens for the purpose of its rational distribution. Transactions are concluded on a voluntary basis.
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:
Documents to be drawn up
Execution of the contract requires the provision of a package of documents:
- a written statement typed or filled out by hand in blue or black ink;
- copies of passports of all persons wishing to participate in free privatization;
- copies of birth certificates of minors participating in privatization;
- a copy of the order for moving into the residential premises or the agreement on the use of the apartment as a social rental;
- cadastral passport (since 2013 it is not included in the list of mandatory documents and is provided at the request of the applicant);
- permission for the procedure from the guardianship authorities, if the dwelling is inhabited exclusively by persons under eighteen years of age;
- certificates from previous and current places of residence stating that the right of privatization by interested parties has not previously been exercised;
- consent of all family members to privatization, expressed in writing in any form, or a written refusal to participate in it.
At the time of signing the contract, you should have with you the original documents , copies of which are included in the above list.
An example of an application for drawing up a contract.
Sample apartment privatization agreement.
