How to obtain a certificate of participation or non-participation in the privatization of municipal housing in the Moscow region


About free privatization

After repeatedly extending the deadline for free privatization, a bill on the indefinite privatization of municipal housing in the Russian Federation was adopted, which was signed by the President on March 1, 2021.

When making a decision on the next extension of such a free procedure, deputies took into account multiple requests from citizens who did not manage to re-register their housing on time. As a result, all time restrictions were lifted. The rest of the service regulations remained unchanged.

Free registration of municipal property into private property is possible if:

  • none of the residents previously registered in the apartment as adults took part in free privatization;
  • all residents agree to re-registration or have issued written refusals and have them notarized;
  • The initiator of the procedure has in his hands the title documents for housing - a social tenancy agreement or a warrant for occupancy.

You will learn about who can qualify for free privatization of residential premises from this article.

Is it necessary and why?

Everyone makes this decision themselves. Actually, in this process, in our opinion, there is only one undoubted advantage.

A person has the opportunity to dispose of real estate at his own discretion . Sell, donate, leave as an inheritance and the like.

In essence, after completing the procedure, the citizen receives a certain product with which he can carry out any commercial transactions. For example, rent out. This is where all the obvious advantages of the room end.

There are even more disadvantages . Let's note the main ones:

  1. The tenant has the right to claim the vacated rooms, the owner does not.
  2. When a communal apartment is moved out, the tenant receives equivalent housing (depending on the number of registered residents), and the owner receives compensation. Moreover, the latter does not include the allocated share in the general economy.
  3. If all the premises in the apartment are privatized, then such housing is not subject to resettlement.
  4. When a building is demolished, the owner also receives only compensation, and the tenant receives an apartment.

Where to begin?

What is paid privatization?

In essence, paid privatization is the purchase of municipal real estate from the state for a certain amount of money. It is the need to purchase square meters that distinguishes paid re-registration from free. All other requirements, conditions and prohibitions for both processes are the same.

So, even for money you will not be able to privatize:

  • rooms in an existing dormitory;
  • emergency or dilapidated housing;
  • real estate located on the territory of closed military cities (ZATO);
  • office and departmental housing.

In 2021, you can privatize both residential and non-residential premises under municipal or state jurisdiction for a fee. Moreover, the procedure is available not only to ordinary citizens, but also to organizations and individual entrepreneurs.

In order to purchase premises at the cadastral price, businessmen need to enter into a lease agreement with the local administration for a period of 3 years or more. You can try to purchase some state real estate at special auctions, but not at cadastral value, but at market value, which is usually 10-15% higher.

Ordinary citizens also have the right to a paid re-registration, for example, if they have already taken part in a free one. By the way, the transfer of municipal property into private property for money is allowed an unlimited number of times.

There are usually no problems with obtaining permission for paid privatization. Such transactions are very beneficial to the state, because when they are carried out:

  1. The number of economically active owners is increasing - non-residential real estate is used by businessmen as retail, office, warehouse and other types of commercial premises.
  2. Responsibilities for maintaining the housing are transferred to the new owners.
  3. The budget receives amounts of money equal to the cadastral or market value of square meters.
  4. A new taxable object is registered.
  5. Government programs related to providing housing for the country's population are being implemented.

Failure Cases

Privatization may be refused:

  1. Incorrectly completed documents.
  2. Incomplete package.
  3. The documents contain false information.
  4. The premises do not meet the requirements stated above.
  5. The apartment is not recognized as a communal apartment in accordance with the established procedure, but is such in fact.

In this case, they first privatize it entirely, and only then allocate the shares of each owner.

How much does paid privatization cost?

This is the main question that worries people who have already used their right to free privatization and decided to pay for the re-registration of municipal housing as their property. Please note that when calculating possible costs, it is necessary to take into account not only the cadastral or market value of the property, but also the costs of registering property rights.

Thus, in 2021, the cost of paid privatization will consist of the cadastral price of housing and the following expenses:

  • for drawing up an agreement for the transfer of an apartment you will have to pay about 1000 rubles;
  • The mandatory state duty is 2,000 rubles for each participant over 13 years of age;
  • for the issuance of a registration certificate for housing at the BTI you will pay a minimum of 1,500 rubles (the price may vary depending on the region)
  • An extract from the Unified State Register of Taxes will cost each participant 300 rubles.

These are the main expenses; if the services of a notary are required to formalize refusals of privatization, then the costs will increase by about 1000 rubles for each refusal.

Is it possible to privatize housing through the MFC?


MFC stands for Multifunctional Center.
It operates in a “single window” mode. He is an intermediary between citizens of the country and government agencies. Provides a whole range of government services. Among them is the privatization of apartments that have the right to use under social rental conditions. This procedure is quite simple here. But not everyone knows the specifics of its implementation: what documents are needed and the deadlines for privatizing an apartment through the MFC.

By using the services of the Multifunctional Center, you can minimize the effort and time spent on registering a living space as your personal property.

Apartment price calculation

The price for square meters of municipal real estate is set by a special expert commission every few years and depends entirely on the economic situation in the region.

The assessment of housing and non-residential premises is carried out taking into account the provisions of Federal Law No. 135 of July 29, 1998 “On Valuation Activities”. The relevance of the cadastral price can remain for a maximum of five years, after which engineers again assess the value of the property.

Information on housing prices set by the state is freely available and can be easily found on specialized Internet resources, such as the website of Roskadr or State Services.

To find out the current price of an apartment:

  1. Open the main page of the official resource of Roskadr.
  2. Go to the “Public cadastral value” tab.
  3. Enter the cadastral number of the property in a special column (you can check it in the technical housing plan).
  4. Click on the “Find” button.

After the request is processed by the system, relevant information will appear on the screen. But keep in mind that the information provided is approximate; to obtain the exact cost, you must apply for an extract from the Unified State Register to Rosreestr or the MFC State Budgetary Institution “My Documents”. It is very difficult to independently calculate the cadastral value, since the criteria for assessing housing are constantly changing and all the nuances of the calculations are known only to cadastral engineers.

How to proceed?

First of all, you need to decide:

  1. Where to contact?
  2. What documents should I prepare?
  3. How much does the procedure cost (fees and other expenses)?
  4. Deadlines.

The most reliable option, in our opinion, is to contact the office in person.

You can, of course, express your desire to own a room at the MFC or entrust the procedure to an organization that specializes in this.

You just need to take into account that both the MFC and any other organization other than the bureau are intermediaries. Moreover, in the latter case, the cost will increase , since the intermediary organization will charge a fee for its services.

After we decide for ourselves with whom we will cooperate, we need to prepare a package of documents .

✅ If there is no consent from the neighbors?

A communal apartment is a room with separate rooms. Tenants of premises enter into a social rental agreement with the municipality. The number of such contracts usually corresponds to the number of rooms. Residents have the right to privatize a room without the consent of neighbors.

Why is this happening? If we take into account the privatization of an ordinary apartment, then the consent of all residents is required. In a communal apartment, a separate room can be considered a separate “apartment”. This means that privatization requires the consent of only the residents living in the room.

In the period from 1991 to 1998, Federal Law No. 1541-1 prohibited the privatization of a room if one of the apartment neighbors was against it. The situation changed in 1999 and is still in effect today. There is no need to obtain the consent of neighbors in the case of communal housing.

In what cases can they refuse?

The municipality may refuse:

  • if citizens have previously privatized real estate (Article 11 of the RF Housing Code);
  • if the room does not belong to the municipal housing stock;
  • when the house is declared unsafe;
  • if privatization violates the rights of third parties;
  • for other reasons provided by law.

Also, a refusal may result from a violation of sanitary standards if the size of the area per each participant is below the minimum provided for by municipal legislation.

Registration may be refused if:

  1. The application was submitted by a person not authorized to participate in the procedure.
  2. The legal representative did not provide evidence of relationship.
  3. The representative of interests did not present a notarized power of attorney.
  4. The documents are formatted incorrectly.
  5. The documentation package is not complete.
  6. One (several) of the documents was damaged.

ATTENTION : At the request of one of the participants or third parties, registration may be suspended for a month, and by a court decision terminated.

✅ With debts for housing and communal services

A difficult financial situation leads to utility debts. If the family intends to privatize the room, it will inevitably encounter a problem.

As practice shows, housing authorities and the BTI do not like to issue certificates to debtors. Most likely the issue will be refused. Are such actions legal? The law does not in any way regulate the privatization of housing in the presence of debts for housing and communal services. But, at the same time, the law does not directly prohibit such privatization. It follows from this that it is possible.

Therefore, if you are denied a room due to debt on housing and communal services, try to come to an agreement. For example, offer debt restructuring . The payment period for utilities will be extended, but you will have the opportunity to pay the full amount.

The second option is to ask for a deferment . For example, if you are experiencing temporary financial difficulties, but commit to repaying the debt after some time.

The last option is to go to court and demand the issuance of the necessary certificates. True, if the amount of debt is too large, the housing department may file a counterclaim - then you will have to pay the entire amount + legal and enforcement costs. Lawyers do not recommend taking matters to extremes.

We have prepared an article specifically for this purpose, “Privatization of an apartment with debts on utility bills.”

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