The issue of housing privatization in Russia has been raised for a very long time. People first started talking about it back in 1991, and a year later a law was passed allowing residential premises to be transferred into the personal ownership of residents completely free of charge, that is, without paying a state duty. Experts say that at the moment only about 80 percent of the population of our country have undergone this procedure. Why some people have not yet formalized privatization and until when the law on not collecting state fees for this procedure will be in force, you will learn from our article.
Privatization of an apartment in 2021: main provisions
What do you need to know about housing privatization in Russia?
Firstly, the right to privatize an apartment is granted to a citizen only once (the only exception is minor participants in privatization).
Secondly, a mandatory condition for privatization is the consent of all residents of your apartment (including minor family members over 14 years old).
Thirdly, all costs of maintaining a privatized apartment fall on the shoulders of the owners (that is, you will have to not only pay for utilities, but also pay fees for major repairs and property taxes).
What is privatization and why is it needed?
The process of transferring property from state to private is called privatization. It involves a huge number of advantages for residents of an apartment or house, but also entails some disadvantages.
Positive aspects of privatization
• Privatized housing becomes the property of the owners, who can do virtually anything with it: sell, donate, bequeath, exchange. Such procedures cannot be done with public housing. • Tenants who live in public housing pay rent, which owners of privatized housing are deprived of. • If a building is demolished or declared unfit for habitation, the state undertakes to provide alternative housing. • And last but not least important fact: privatized housing is a full-fledged investment, which at any time, if desired, can be turned into real money (in case of sale, for example), and can also be used as a guarantee when taking out a loan from a bank.
Negative aspects of privatization
• The cost of utilities increases. • The need to pay an annual property tax to the state. • If housing is recognized as unfit for habitation, the exchange for something else occurs according to a less advantageous program than in the case of privatized housing.
Despite the presence of the listed pros and cons, the process of housing privatization is still widespread. However, not everyone knows that the time frame within which this procedure can be completed without paying a state fee has been extended for an unlimited period of time, which means everyone who wants to use this service will be able to do so at any time.
Also find out what the year of next 2021 will be in Russia: what it is dedicated to and dedicated to.
How much does it cost to privatize an apartment in 2018?
Great news for everyone who did not manage to privatize their Moscow apartment before March 1, 2021! In February 2021, the State Duma of the Russian Federation adopted a bill on the indefinite extension of free privatization. Why was the free privatization of housing extended? According to deputy Andrei Isaev, this decision was made after numerous appeals from citizens. The deputy also emphasized that the topic was discussed, including with Prime Minister Dmitry Medvedev, who “unequivocally spoke in favor of an indefinite extension of the right to privatization.”
Until what year can an occupied residential property be privatized? Is the deadline for housing privatization expected to be extended?
Answer:
In accordance with Art. 1 of the Law “On the Privatization of Housing Stock in the Russian Federation”, privatization of residential premises is a free transfer into the ownership of citizens of the Russian Federation on a voluntary basis of residential premises occupied by them in the state and municipal housing stock, and for citizens of the Russian Federation who have reserved occupied residential premises - locally accommodation reservations.
Currently, free privatization of residential premises is unlimited . The limitation on the period of free privatization was canceled by Federal Law dated February 22, 2017 N 14-FZ, in accordance with which Part 2 of Article 2 of Federal Law dated December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation”, which provided for the maximum deadline for privatization of residential premises (until March 1, 2017).
Thus, the free privatization by citizens of residential premises of the state and municipal housing stock, occupied by them on social rental terms, is not limited in time.
Previously, we have repeatedly made changes to this article in connection with periodic changes in the law on the timing of possible privatization of housing.
The following was stated:
Until March 1, 2010, you have the right to privatize the residential premises you occupy under a social tenancy agreement. From this date, on the basis of Article 2 of the Federal Law “On the Enactment of the Housing Code of the Russian Federation”, Articles 1, 2, 4, 6 - 8, 9.1 and Section II of the Law of the Russian Federation of July 4, 1991 N 1541-1 will lose force On the privatization of housing stock in the Russian Federation."
As for extending the privatization period, the legislator is still “silent”; no legislative initiatives on this issue have yet been heard.
It should be noted that the period specified in the law (March 1, 2010) is the period for free privatization of housing. After this date, citizens are not deprived of the opportunity to acquire ownership of residential premises occupied on the basis of social tenancy agreements, but only on a reimbursable basis. Citizens will buy out occupied apartments, private houses and rooms. Prices, it seems, will be equal to or close to market prices, and not determined by the cost of the premises indicated in the technical documents for residential premises (inventory value in technical passports).
It should also be noted that the deadline for the end of privatization (03/01/2010) is not preemptive. In other words, if a citizen submitted an application for privatization to the relevant authority before the specified date, however, the transfer of the occupied residential premises did not take place for reasons beyond his control until March 2010, then this citizen does not have the right to conclude an agreement and transfer the apartment (room). lost, since he managed to express his will to acquire the residential premises in the manner of privatization within the prescribed period. The same is true with legal disputes. If a person has filed a claim to challenge the refusal to privatize, or to recognize the right of ownership of residential premises through privatization, then the court’s decision to satisfy the claim will be the basis for its execution, regardless of the date of its entry into force.
PS
The deadline for free privatization of housing has been extended
On January 27, 2010, amendments to the law “On Amendments to the Federal Law “On the Enactment of the Housing Code of the Russian Federation” were approved. These amendments extend the period for acquiring ownership free of charge in the procedure for privatization of residential premises in the state and municipal housing stock until March 1, 2013 .
The deadline for free privatization has been extended again. For two more years
The State Duma of the Russian Federation extended the free privatization of housing until March 1, 2015. The law was adopted in three readings
And another YEAR!
In accordance with Article 2 of the Federal Law of December 29, 2004 N 189-FZ (as amended on February 28, 2015, as amended on March 24, 2015) “On the entry into force of the Housing Code of the Russian Federation”, are recognized as no longer in force from March 1, 2021 of the year:
1) articles 1, 2, 4, 6 - 8, 9.1 and section II of the Law of the Russian Federation of July 4, 1991 N 1541-1 “On the privatization of housing stock in the Russian Federation” (Gazette of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991 , N 28, Art. 959)
That is, free privatization of residential premises will cease from March 1, 2021.
Return to the beginning of the practice review: Privatization of an apartment, house, room. Judicial practice, court decisions
Which apartments cannot be privatized in 2018?
We recommend that you pay special attention to the fact that the law prohibits the privatization of the following residential premises:
- Dorm rooms
- Apartments in dilapidated buildings;
- Apartments in buildings of closed military camps.
Who has the right to privatize an apartment in 2018?
Do you have the right to free privatization of an apartment in Moscow? In accordance with current legislation, the possibility of privatization of residential premises is possible if:
- You are a citizen of the Russian Federation;
- You live in an apartment under social rent;
- The apartment in which you live is the property of the city of Moscow;
- participated in privatization before
Do you meet these criteria? Congratulations! You have every reason for free privatization of housing.
Cost of privatization
The current legislation of the Russian Federation does not regulate how much it costs to privatize an apartment in 2021. No redemption price or state duty is provided for by law; this process is free. But in fact, you will have to bear the costs.
Costs vary depending on the region and the required list of documents, but usually they include:
- drawing up a technical plan - 2,000–7,000 rubles;
- extract from the Unified State Register of Real Estate - 500 rubles;
- state duty for registration of rights in Rosreestr - 2,000 rubles;
- the fee for providing a copy of the floor plan is about 200 rubles for each citizen.
Is it worth privatizing an apartment in 2018?
Do you need privatization? Let's determine the main pros and cons of privatization of residential premises in Moscow:
Advantages of privatization in 2021:
- You will no longer have to pay for renting an apartment under a social tenancy agreement;
- You will be able to freely dispose of privatized real estate - for example, sell, donate or bequeath an apartment;
- You have the opportunity to make major repairs or remodel your apartment;
- After privatization, you will be able to register and discharge people from your housing at your discretion and virtually without restrictions.
Disadvantages of privatization in 2021:
- You are required to pay an annual tax on a privatized apartment and contributions for major repairs ;
- After privatization, you lose the opportunity to improve your living conditions - if you have your own apartment, you will not be able to obtain ownership of housing for free one more time.
Privatization of an apartment in 2021: step-by-step instructions for Muscovites
To privatize an apartment in Moscow, we recommend following the following algorithm:
Step 1: Gather the necessary documents
First of all, you need to arrange the following documents:
- Application for granting state;
- passport ;
- Passports of the applicant's family members over 14 years of age;
- Birth certificates of the applicant's family members under 14 years of age;
- Social tenancy agreement for a privatized apartment;
- Extract from the house register;
- Written consent to privatization from the applicant’s family members.
Note! In some cases, the applicant may need additional documents (for example, consent of the guardianship and trusteeship authorities).
Step 2: submit documents to the authorized body
Next, you can contact any convenient location, regardless of your area of residence.
Find your nearest >>>
Note! Applicants living alone and applicants whose family does not include minors, incompetents or orphans can submit documents for privatization in electronic form.
Step 3: wait for the decision to provide the service
Now you just have to wait for the decision: according to the general rule, the period for reviewing documents for privatization in Moscow should not exceed 46 working days.
Step 4: Get the necessary documents
At the final stage, you will again have to contact the government services center “My Documents” and receive the following documents:
- Agreement for the transfer of ownership of the apartment (if privatization was approved);
- Decision to refuse to provide a public service (if you were denied privatization).
Note! Concluding a transfer agreement is free of charge, but for registering property rights you must pay a state fee in the amount of 2 thousand rubles.
Privatization procedure
The step-by-step instructions will look like this:
- Reaching agreement with all citizens living together.
- Collection of documents required by local legislation.
- Formation of such a mandatory document as an application for privatization.
- Contacting the authorized body or the Multifunctional Center (if there is an agreement on interaction between these persons).
- Concluding an agreement on privatization, that is, on the free transfer of the property to the applicant or applicants.
- Registration of the transfer of ownership of a residential property based on an agreement in Rosreestr.
This is a general procedure and may vary depending on specific circumstances.
