Find out on our website how to determine whether an apartment has been privatized, what tax the owners of privatized apartments must pay and what they must repair in it at their own expense, as well as how to go through the process of deprivatization of residential premises.
How to get a sample?
A sample for compilation can be obtained in several ways :
- In the relevant organization of a particular settlement. The forms may vary slightly in each region.
- Download on the Internet.
- Write by hand according to an approximate sample, indicating all the necessary information, taking into account the recommendations.
How to write an application for privatization of an apartment - sample:
Sample application for privatization of an apartment.
Sample of filling out an application for privatization of an apartment.
You can find out how to privatize an apartment through the MFC on our website.
Who writes and how?
One statement is drawn up from the residents of a particular premises , which can be written by any of the parties to the agreement. All participants in the process must sign it, including those who renounce their rights to receive a share. By doing this, everyone registered expresses their consent to the process.
The document can be filled out by hand or using technical means.
It is mandatory that all parties to the agreement, including minors over 14 years of age, must put personal signatures and write their transcript (full name).
Privatization before marriage
Real estate privatized before marriage is considered personal and belongs to the person in whose name it is registered. The other half will not have any rights to it even if the marriage relationship is formalized and registered in a privatized living space. If the property is privatized in the name of one of the spouses, and the other has financially invested in its maintenance, he can declare his property rights through the court and receive monetary compensation. In this case, you will need to confirm the expenses, for example, using checks, receipts and other documents. The share of the second spouse is calculated depending on the amount of invested funds.
Required content
For this document there are mandatory points :
- The name of the organization to which citizens apply.
- Personal data of citizens.
- Information about the intention to obtain private ownership of municipal residential premises.
- Characteristics of the residential premises (address, size of area, number of rooms).
Information about all parties to the agreement.- Signatures of participants with transcript.
- List of attached documents.
You can find out who has the right to re-privatize an apartment from our article.
The main thing is to fill out all the necessary information correctly. Any errors in writing the personal data of the applicants and in the characteristics of the apartment will lead to a delay in the process of registering housing ownership.
What other documents are there:
- All documents from the “Housing Fund” section
- Categories of all standard samples and document forms
What else to download on the topic “Housing Fund”:
- Form of a document confirming the decision to approve the reconstruction and (or) redevelopment of non-residential premises in the urban district of Khimki, Moscow region
- Notice of holding a general meeting of members of the homeowners association
- Notice of holding a general meeting of owners of premises in an apartment building in the urban settlement of Lukhovitsy, Lukhovitsky municipal district, Moscow region
- Sample form of notification of a general meeting of owners of premises in an apartment building on the formation of a land plot in Moscow
- List of real estate objects in the Moscow region
- Important nuances when buying a company
- The process of transferring an apartment to another person
- US Visa Process
- Car selling process
- Garage construction process (from a bureaucratic point of view)
- Construction of a private house in the city
Submission process
How to apply for privatization of an apartment? The document is submitted to the relevant organization in the presence of all privatization participants, including children over 14 years of age . An application for privatization of housing must be submitted in person from the age of 14.
If the appearance of any of those registered is impossible , it is necessary to draw up and notarize a power of attorney for privatization (read about privatizing an apartment through a realtor).
All parties to the agreement must present their passports during the procedure, otherwise admission will be denied.
An employee of the organization accepts the document and registers it in a special journal. In this case, the document is assigned a registration number . The employee, in your presence, must certify the paper with his signature, put the date of reception and stamp on it.
Future owners of the living space are given a receipt for receipt and registration of the application with a list of documents attached to it.
When submitting an application for privatization of housing, you will be given a date for execution of the contract. 2 months is allotted for checking the package of documents .
You can learn about how to achieve recognition of property rights through the court from our article.
Failure Features
Refusal to privatize has its own characteristics that must be taken into account. These include:
- is it possible to refuse privatization in favor of another person or not;
- how to write a refusal on behalf of an adult;
- How to correctly write a waiver on behalf of a child.
We will consider these features in more detail below.
Refusal in favor of another tenant
The opinion that, if desired, you can issue a waiver in favor of another person is a very common misconception. When signing a document, it is impossible to indicate a specific beneficiary. The legal meaning of the refusal is simple: the citizen does not participate in this procedure, and the share that would be due to him is divided equally between the participants in the procedure or by their own agreement.
If it is fundamentally important for a tenant to give up a share in a privatized apartment specifically for a specific person (for example, a child), then it is easier to adhere to the following algorithm:
- Privatize the share for yourself.
- After privatization is completed, draw up a deed of gift, which will allow the share to be transferred from a citizen to a specific person (relative or stranger).
- Register the right of the donee (Rosreestr, EGRN).
Instead of a deed of gift, you can use a share purchase and sale agreement, but it will require much greater costs and actions - registration with a notary and compliance with the pre-emptive right of the co-owners.
Refusal without specifying the recipient
It is the unrelated text of the document that is the only possible form of refusal to participate in the purchase of an apartment. The procedure for compiling the text depends on whether the citizen is an adult, as well as on the specifics established by the local Administrative Regulations on privatization. The text of the consent will contain a list of privatization participants - but this does not mean that the share is due to someone specific.
Refusal of a minor
If a child refuses to participate, increased requirements are imposed on this procedure aimed at protecting the interests of the minor. The parents write the refusal on behalf of the child - they need to obtain permission from the guardianship authority.
To do this, parents submit the following documents to the local guardianship authority:
- application in the form of establishment;
- birth certificate of the child and marriage (divorce) of the parents;
- an extract about those registered at the place of residence of the family;
- social rent agreement.
The application is completed and signed when submitting documents. If the child is 14 years old or older, he signs the paper with his own hand. For minors under 14 years of age, parents sign. The application must contain a reason to refuse the privatized living space.
If the supervisory authority determines that there are no violations of the child’s rights, the permit is obtained within 10 working days. If there are violations, permission will not be issued, and it will be impossible to refuse participation. It is almost impossible to appeal a guardianship decision - only if we are talking about the arbitrariness of officials.
Adult refusal
The peculiarities of renouncing a share during the privatization of adult citizens include the need to contact a notary. The following rules apply:
- if a citizen submits a document in person, he can sign it in the presence of a local administration employee - it is not necessary to contact a notary, which saves money;
- if a person cannot or does not want to transfer the paper on his own, he can draw up a refusal from the staff of the notary’s office, have it certified, and then transfer it to the competent authority through another person.
Price
The concept of “free privatization” exclusively means the absence of payment for square meters (read about paid privatization), but for each document you must pay a certain amount.
The cost of an application for privatization of residential premises is set by specific organizations in each region, so the specific amount must be clarified with the local administration .
You will find a sample written refusal to participate in privatization on our website.
Application or claim: what are the differences?
The application for privatization is the beginning of the process.
If for some reason a refusal , it is necessary to file a claim in court.
The reasons for refusal may be the following:
- The administration discovered errors in the execution of any documents.
- There is a dispute about the status of the residential premises.
Having received a refusal, applicants write a statement of claim to the judicial authorities . This document has a more strict form, compliance with which is mandatory.
Unlike the application for privatization, the claim contains a demand for the recognition of citizens' right to register ownership of residential premises.
To file a claim, you must first receive a written .
A claim can be filed by one of the citizens registered in the apartment. The presence of other parties to the contract is not required.
You can find out about the limitation period for invalidating the privatization of an apartment on our website.
Need a lawyer
In general, it is quite difficult for an unprepared person to understand the intricacies of drawing up this important document, and of privatization in general. That is why you should entrust the representation of your interests to a professional lawyer who specializes in housing law
He will be able to:
- determine whether the apartment is subject to privatization;
- resolve controversial issues between the parties to the transaction;
- collect all necessary documents;
- represent the interests of principals in any authority;
- appeal the decision if necessary;
- perform other actions necessary in a particular situation.
- Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
- In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!
When is it pointless to submit?
You will definitely receive a refusal to privatize if your apartment is not legally subject to transfer into private ownership. In accordance with the Law “On Privatization...” 1541-1, the following premises are not subject to transfer to citizens:
- having official status;
- located in closed military camps;
rooms in departmental dormitories;- located in emergency buildings.
Find out also whether it is possible to privatize a military man’s apartment and cooperative housing, as well as an apartment with debts, and what to do if the order is lost.
After submitting the application, you can consider that the process of privatization of housing has begun, and if the outcome is successful, after 60 days you will receive a contract and will be able to register your rights to real estate in Rosreestr.
