Conditions and procedure for privatization of an apartment received under a social tenancy agreement

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Privatization of housing is one of the few ways to officially and absolutely legally acquire your own apartment. Getting it is a separate problem, but if such housing already exists, then it is with the help of privatization that the residents will be able to become full owners and in the future manage the new property on a general basis.

Is it possible to privatize municipal housing?

In accordance with Article 11 of Law 1541-1, any citizen of the Russian Federation has every right once in his life, through privatization, to obtain ownership of residential premises absolutely free of charge. It does not matter whether it is in a state or municipal fund. ATTENTION! If there are minors among the new owners, then they retain their right to a one-time free privatization since in fact it is not they who carry out it, but their parents or guardians. Minors can exercise this right at any time after reaching adulthood.

Why do it?

Privatization of an apartment is carried out in order to obtain your own real estate, which you can dispose of at your own discretion. State property cannot be sold, leased, etc. You can only live in it, which does not suit many inhabitants of such premises.

Example: You can sell a privatized apartment and use the proceeds to buy more suitable housing (in a different area, with a larger area, or simply newer). Such an operation cannot be performed with a non-privatized apartment.

Is it necessary to privatize the land under a private house?

When registering ownership of a private or country house, citizens may wonder whether privatization of the site on which it is located is necessary.
Property owners can use the land based on a lease agreement. In this case, the owner remains the municipality. Land can be withdrawn at any time for government needs.

Registration of ownership of the plot will allow you to dispose of it at your own discretion. Citizens can sell, donate, and inherit land.

Such transactions are prohibited with a non-privatized plot, which may cause problems when concluding a purchase and sale agreement for a house.

Conditions for privatization

There are no particularly strict conditions for the privatization of housing:

• Only citizens of the Russian Federation have the right to such a procedure.
• Of the citizens of the Russian Federation, only those persons who have the right to reside in this premises receive the right to privatize specific property (regardless of the basis on which this right arose).
• Successful privatization requires the consent of all persons living in the apartment, including minors aged 14 to 18 years.
• You cannot privatize emergency premises, apartments in closed military camps and service apartments.

Arbitrage practice

The administration of the municipality does not always meet the needs of the residents of the house and allows them to register the property as their own.
The refusal may be justified if the potential owner has already participated in privatization, has not provided all the papers, or there are errors in the documents. Land will not be transferred to the ownership of a citizen if it is located on the territory of a water or environmental protection zone. When the residents of the house believe that the negative answer does not have valid reasons, they can go to court. Judicial practice shows that the law is often on the side of future owners when a good evidence base has been prepared that they have the right to own the property.

In 2009, citizen T. filed a claim with the Sestroretsky District Court of St. Petersburg to challenge the refusal to register real estate. She purchased the house in 2003, and in 2008 it was reconstructed. Then the citizen turned to the administration department with a request to register her right to the updated property. The employees refused, citing inconsistency with the reconstruction permit.

The plaintiff considered the refusal to be inconsistent with legislative norms on a simplified procedure for registering certain real estate objects. The court considered the case and made a decision in favor of the owner of the house.

Where to start privatizing an apartment in 2021?

The procedure should begin not with a search for where to privatize real estate, but with whether all residents agree to this. If even one refuses, it will be impossible to obtain ownership of the apartment. Such situations do not arise very often, since most people understand the advantages, but some people prefer to limit themselves to what they already have and do not want to waste their time on bureaucratic procedures or money in the future, since they will have to pay more for housing. At least for the amount of tax.

Where to submit documents? Where can I apply for housing privatization?

Where to contact about privatization and submit documents? There are two main options:

• Complete an application online.
• Personally contact any nearest MFC (Multifunctional Center).

The first option is simpler and much faster, since you do not need to stand in line at the MFC (which, it is worth noting, is not always there). The second option helps to better understand who is involved in privatization among all the employees of the MFC, ask the responsible employee all the questions you are interested in and delve deeper into the essence of the problem.

How to privatize an apartment: step-by-step instructions

At first glance, the procedure for privatizing an apartment is not particularly complicated and consists of only four stages. However, it should be borne in mind that each of them involves preliminary preparation of documents and, most likely, a queue.

Order, stages

1. Preparation of documents.
2. Submitting a request for a service.
3. Signing the contract.
4. Registration of property rights.

Privatization procedure

After all residents have agreed to the privatization of the property, you need to proceed to collecting the necessary documents. As practice proves, this is precisely the most difficult and lengthy stage. A detailed list of all required documentation is presented below.

After collecting the documentation, you should proceed directly to submitting an application for the provision of privatization services. If you choose the option of submitting documents electronically, then simply fill out the appropriate form on the State Services website. In particular, you will need details of all key documents, as well as detailed information about the applicant. Pre-scanned copies of all required documentation must be attached to the application. Various formats are supported, ranging from classic DOC to TIFF. Alternatively, you can simply send an application and bring the documents in person, but no later than 5 days later.

This option is suitable primarily for those people who live in a privatized apartment alone or as a separate family, without minors. Otherwise, you will have to submit all documents, including the application, in person.

Once the application has been reviewed, the transfer agreement must be signed. It must contain the signatures of all residents, including minors aged 14 years and older. If for some reason one or more residents are unable to attend the signing, notarized consents will do.

After transferring all documents to the MFC employee (if they were not sent electronically) and signing the transfer agreement, the new owners receive an agreement in which there is a note that the housing is now privatized. There is also information about registering a new property right. In addition, owners also receive an extract from the Unified State Register of Real Estate. From this moment, ownership of the new or old housing is considered fully formalized and the apartment can be disposed of at your own discretion.

Documentation

Since it is with the preparation of documents that the most problems arise, it is worth dwelling on this issue in more detail. To privatize real estate, you need to provide the following documents to the MFC:

• Statement. Filled out electronically or manually, directly from a Center employee. See sample above.
• Passports and other documents that identify residents. In particular, for minors this may be birth certificates. The same is true for representatives of minors.
• If among the residents there are persons recognized as fully or partially incompetent, an appropriate court decision is required. You will also need permission from the guardianship authorities stating that they are not against the property in which such a person lives being privatized.
• An apartment rental agreement, according to which people seeking privatization live in it.
• Extract from the house register.
• A certificate stating that the tenants have not previously used the right to one-time privatization.
• Consent of all residents in writing about the privatization of housing.

Features of privatization of land under a private house with shares

It happens that a private house is decorated with shares.
Registration of a land plot as a property is permitted with the consent of all owners (Article 39.20 of the Land Code of the Russian Federation). Therefore, in order to privatize a plot, it is necessary that all property owners contact the registration authorities. If it is not possible to come to an agreement with one of the neighbors, then you can divide the house, even if it is in shared ownership. The allocation of shares is carried out by agreement between the co-owners on the basis of Art. 252 of the Civil Code of the Russian Federation. If it is not possible to reach an agreement, you can go to court with a request to divide the property in kind.

After the share is allocated in court, the owner of the property can apply for documents to register ownership of the land on which his part of the house is built. The consent of the second owner is not required in this case.

Pros and cons of apartment privatization

Apartment privatization has both obvious advantages and some disadvantages:

Expenses

The Law “On State Duty” states that privatization is a free process. However, this concerns only the registration procedure, and not the direct receipt of ownership of the apartment. Such actions will already be paid:

Specific rates may vary depending on your region of residence.

Price

How much does privatization cost? Formally, from the point of view of current legislation, this procedure is generally free. However, you will actually have to pay. And a lot:

• The registration itself will cost 2,000 rubles.
• The BTI will issue a registration certificate for 1,200 rubles (and if you need it urgently, you will have to pay extra separately).
• A cadastral passport will cost another 200 rubles.
• If one of the residents refuses privatization, then you need to provide a corresponding refusal, certified by a notary. And this is another 1000 rubles for each person.

On average, the procedure costs about 4-5 thousand rubles.

Other nuances

If only minors live in premises located in a state or municipal fund, then they cannot independently initiate the privatization procedure. Instead, this issue is dealt with by guardians, trustees or other people who have the official right to act on behalf of these minors.

To successfully carry out privatization, the apartment should not have debts. Formally, there is no prohibition, but the landlord (in this case, municipal or state bodies) has the right to terminate the social tenancy agreement unilaterally, which will automatically deprive the tenants of the right to privatization. The rest of the procedure follows the sequence described above.

When submitting documents electronically, it is recommended to take the originals with you when visiting the MFC. They may not be required, but if such a need arises, it is better to have everything at hand right away than to cancel the procedure and postpone the signing of the contract to another day.

The privatization procedure itself is not too complicated, however, as mentioned above, difficulties may arise at the stage of collecting all the necessary papers. To cope with the task in the shortest possible time and do everything correctly, you should contact our experienced lawyers. At a free consultation, they will help you understand the basic steps and will further provide support in collecting the required documents.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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What are the methods and conditions for transferring property rights if the property is not privatized?

There are the following ways to privatize a plot of land and a house: free of charge, redemption through an auction and privatization through the court. Let's consider these methods in more detail.

For free

Land can be transferred free of charge in the following cases:

• Legal use of land by a citizen who has formalized agreements granting the right to use the site. If these agreements are available, the privatization procedure is carried out in a simplified manner and free of charge.
• If there are no relevant agreements, but the citizen who wants to receive a land plot belongs to the following categories: heroes of the USSR or Russia, military personnel, orphans, then privatization is possible for free.
• Land can be privatized under a dacha amnesty.

Simplified free privatization of land and houses can only be implemented under the following conditions:

• The citizen or members of his family have not previously taken part in the privatization process: adults have the right to one-time privatization, and children receive repeated privatization rights after 18 years of age.
• A citizen is given full right to dispose of a private house with a plot of land if he does not own other real estate. If a citizen already owns other privatized real estate, then a house with a plot of land will not be able to be registered for free.
• The procedure is consistent with all citizens registered in this house. If family members refuse, the document must be certified by a notary.
• Privatization is aimed at gardening or summer cottage plots.
• The land plot is not excluded from circulation and does not belong to the garden protection zone. It is also necessary to clarify the status of the property: whether it is a full-fledged residential property or a summer cottage (read how to privatize a country house on already privatized land here).

Privatization of the following lands is possible:

• Plots with houses located on them, acquired before the adoption of the Land Code.
• Plots operated under an individual housing construction agreement or subsidiary plots.
• Plots used by right of inheritance or lifelong use.
• Land plots received from the state, as well as areas where garages were built (how to privatize the land under a garage?).

In 2021, the following individuals and legal entities can receive land free of charge from the state and municipality:

• citizens who received land plots from the state for running a farm or personal subsidiary plot for a period of up to 6 years after 5 years;
• citizens who received land ownership for individual housing construction for a period of up to 6 years after 5 years;
• Large families are granted this right once;
• other categories of citizens who have this right in accordance with federal legislation.

Ransom

Attention! If a citizen is not suitable for free privatization of a plot, he can resort to an alternative method - purchasing the land through an auction.

The purchase of land from municipal or state property is possible under the following conditions:

1. No restrictions on the acquisition of land.
2. The exploitation of land is carried out based on its purpose and type of permitted use.
3. The auction can be held without bidding and for a fixed amount.

When redeemed, the cost of the plot is equal to the cadastral price. The repurchase is made at a fixed price if:

• Previously, the plot was in rental or perpetual use by the person purchasing it (how to privatize land leased?);
• on the purchased plot there is an object belonging to the buyer;
• The plot is intended for individual housing construction, private household plots, peasant farms, SNT, DNT.

With regard to redemption at a price below the cadastral value, the law establishes:

• 50% for such preferential categories as pensioners and disabled people;
• 20% to 60% for tenants, purchased land plots;
• 80% for redemption with a change in the category or purpose of the land plot;
• for citizens who used this plot of land and had buildings on it, the cost can be reduced to 2.5%.

Reference. Land surveying and cadastral registration are carried out at the expense of the buyer.

Through the court

Sometimes authorities refuse privatization; in this case, privatization through the courts is possible. In what cases is privatization recognized through the courts?

1. If the right arose due to acquisitive prescription.
2. If the plaintiff has the right to perpetual use of the land.

Before submitting your application, you must calculate the amount of the state fee.

The application is submitted at the location of the disputed area.