Home / Housing disputes / Urgent, accelerated privatization of an apartment
The privatization of housing in Russia has become an open-ended procedure. But despite this, many people need accelerated privatization of an apartment as soon as possible. It may be a little more expensive, but it is 2-3 times faster than with regular registration through government agencies.
The reasons for urgent privatization can be different:
- sale of apartment;
- the need to pledge housing as collateral for a loan;
- registration of relatives and third parties;
- apartment redevelopment;
- reluctance to stand in lines, waste time and nerves.
Having become the owner of an apartment, a person can dispose of it at his own discretion: sell, donate, exchange, bequeath, mortgage. That is why people strive to privatize housing as quickly as possible.
But do you need to know where and who to contact? The cost of urgent privatization is important, because you will have to pay much more for the services of specialists than with regular registration. Read about all the nuances of accelerated apartment re-registration in our article.
For reference: Regular privatization takes from 3 to 6 months, and accelerated privatization – from 30 days.
Conditions for urgent privatization
To resort to urgent privatization or to limit ourselves to the usual procedure is the choice of each person. For some, due to their busy schedule, it is more convenient to pay a licensed company than to collect documents themselves. But there are residents who do not want to pay money to intermediaries - the usual procedure is provided for them.
In what cases can you use accelerated privatization:
- Having Russian citizenship.
- Living in an apartment under a social tenancy agreement or an occupancy order (Article 2 of Federal Law No. 1541-1 of July 4, 1991).
- All residents of a municipal apartment agree to privatization.
- No debts for housing and communal services.
- Retention of the right to free privatization of housing (see “How many times can you participate in privatization?”)
- The desire to speed up the processing of documents.
✅ Difficulties, features
Life presents us with a lot of difficulties that cannot be avoided even in the process of privatizing an apartment. The main ones are related to the legal status of housing.
What difficulties may arise:
- If the tenant disagrees with the privatization of the apartment, they will have to go to court, which will take a lot of time.
- Delays in cadastral registration.
- Lack of rights to re-register an apartment.
- Lack of documents to submit an application to the local administration.
- Eviction from residential premises.
These and other difficulties delay the transfer of housing into private ownership. Consequently, even urgent privatization will be delayed.
Example: Citizen Burdenko A.S. lived in a municipal apartment under a social tenancy agreement. His neighbor was his brother, who categorically did not want to participate in privatization. Family conversations and persuasion did not help. Despite this, Burdenko found a buyer for the housing and was about to resort to accelerated privatization of the apartment. However, the local administration refused him. The reason is the lack of consent to privatization on the part of the other tenant. Burdenko could not discharge his brother, so he had to cancel the deal.
Having dealt with the main nuances, we conclude: accelerated privatization is only possible in the case of housing rights. If the conditions are not met, there is no point in urgently ordering documents.
If you still have questions, you can ask them to the lawyers on our site.
Consulting a specialist will help you understand whether you need to resort to urgency or is it better to do without it? Situations vary. And if one of the residents is opposed to the transfer of housing into private ownership, you need to act according to a different scenario. The lawyer will advise you on how to speed up privatization, what to look for when looking for a company, how to enter into an agreement, make payments and check licenses. Preparation will help you avoid risks and take into account important points. A negligent attitude can play a cruel joke - residents will simply lose money and not achieve results. Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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Author of the article
Maxim Privalov
Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.
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Urgent privatization of an apartment
Privatization of property, according to the Law of the Russian Federation “On the privatization of housing stock,” provides a person with the opportunity to manage living space. Regardless of the type of renewal of documents: urgent or indefinite, a citizen has the right to do whatever he wants with real estate.
Many people are faced with the problem of a protracted process of paperwork, so it is advisable to take steps to speed up the process. In Moscow and other cities, an expedited service will cost significantly more than a regular one. Citizens who want to speed up privatization can do this in a month, which is faster than regular re-registration.
Urgent privatization of an apartment in Moscow opens up many advantages for a citizen.
Reasons why you can speed up the process of re-registration of an apartment:
- A citizen can sell or exchange property;
- To rent;
- Thanks to re-registration, redevelopment can be done in an accelerated time;
- An accelerated procedure, if necessary, to obtain a loan, makes it possible to leave the property as collateral;
- Independently, without a municipal authority, carry out the discharge and registration of residents;
- Upon completion of the accelerated procedure, the citizen can bequeath the apartment as an inheritance.
In general, purchasing a home gives a person more options for disposing of their property. If a person needs quick re-registration of documents, it is advisable to order an accelerated re-registration of the apartment.
Acceleration procedure
How much will the services of specialists cost?
How much does it cost to privatize an apartment in 2021 when contacting special agencies and law firms?
Of course, no less than with independent registration. Usually this amount is doubled. Thus, agencies will help a tenant who wants to own housing alone and does not have problems with documentation (lack of a cadastral or technical passport, for example), privatize housing for at least 10,000.
But when there is a need to prepare additional documents or register a real estate property with the state cadastral register, the cost of services increases significantly. Preparing just one technical passport can cost 10,000, and the entire process can cost 25,000–30,000.
A separate fee is charged for urgency. Some law firms guarantee completion of privatization within 5–15 days. You will have to pay extra for haste from 7,000 to 15,000 rubles.
Free privatization in reality turns out to be not so free, especially when it comes to the services of specialized agencies and companies. But in any case, a “privatizer” tenant will spend much less money than a person who decides to buy an apartment.
Cost of housing privatization
In order to privatize your apartment, you need to prepare documents for submission to the BTI at the first stage of privatization.
Prepare for the fact that you will have to spend a lot of time and effort collecting a package of documents. In addition, for the preparation of most certificates and extracts, you must pay a state fee and other fees. Additional documents may also be required. And the shelf life of certificates is on average two weeks, so future owners who decide to deal with the procedure themselves will have to do everything in a short time. Read full information about free privatization here.
Many citizens are concerned about the question: how much does paid privatization cost? Until March 1, 2021, this procedure remains free; no one can say for sure how the cost of privatization will be calculated in the future. There is an assumption that the apartment will have to be purchased from the state at the cadastral value.
An equally popular question: is it possible to privatize an apartment with rent arrears? Read about it in our article.
Methods for accelerated privatization
There are two main methods of accelerated privatization. And both involve turning to specialized private companies that supposedly “have everything covered.” Simply put, there are agreements on the privatization of an apartment in the MFC (My Documents) and/or the administration of the locality.
Help in collecting documents
The easiest option (and cheaper) is to contact a private company that will help with collecting the documents necessary for privatization. In principle, there is nothing complicated in this procedure, but due to the fact that you need to contact different organizations and stand in queues, a lot of time is spent on this. Among other things, it takes quite a long time to get a registration certificate for an apartment, if it doesn’t exist yet (often more than a month).
The company, provided that it works honestly, usually has connections in all the necessary offices and in one way or another can speed up the procedure. Well, employees of such a company do not stand in queues, negotiating the issuance of documents in a different way. The client doesn’t need to know how it’s all implemented. The result is important: you can pick up a completely finished package of documents in just a few days.
Assistance in privatization
The second option involves the so-called “turnkey privatization”. Simply put, the applicant leaves a power of attorney for privatization, indicating in it a representative of the company. This person already deals with all the issues independently and ultimately provides an already signed privatization agreement. With it, you can safely go to Rosreestr and register ownership (or even entrust this procedure to the same representative).
As in the previous case, the company has its own connections and contacts in the right places, which allows you to “ask” to review and sign the necessary papers without queues and unnecessary red tape.
How to speed up the process
The longest part of the privatization process is the preparation of documents from the BTI.
In some cases, employees go to the apartment to make sure that it has not been illegally redeveloped. This can take a long time, because the new applicant will be placed at the very end of the queue.
A paid accelerated tariff will help correct the situation, thanks to which the citizen will be at the beginning of the queue and receive documents much faster.
There are other ways, for example, contacting a specialized consulting company that has certain agreements with local government agencies and will help you obtain ownership of an apartment in a short time.
About registration
In order to transfer property rights from government bodies to Russian citizens, it is necessary to perform a certain number of actions.
According to Federal Law No. 1541-1, the general conditions of the procedure include several stages, namely:
- Collection of the necessary documentation that is required for the purpose of verification by the authorized government agency regarding the disposal of property.
- Next, you should draw up technical documents for the property.
- At the next stage, it is necessary to draw up an application regarding the transfer of real estate ownership.
- Within a standard 2 months, the information provided is verified and an agreement is drawn up regarding the transfer of ownership of the property.
- At the final stage, it is necessary to draw up a contract for ownership in Rosreestr.
A sample application for privatization of an apartment is here,
A sample privatization agreement is here.
If the period for consideration of an application for the privatization procedure is provided for by Russian legislation and must be strictly observed by municipal authorities, then the period for collecting documentation at the preparation stage may be delayed.
This is due to the need to prepare a huge number of certificates, including from other cities and regions, if there has been a frequent change of residence.
Urgent privatization of an apartment is often explained by the desire of citizens to dispose of real estate at their own discretion:
- sell;
- present;
- take it to the arena and so on.
Also, the accelerated procedure is explained by the lack of desire in the long process.
If the traditional method of privatization is no longer possible
To register a home as a property, sometimes it takes up to two years, and there are several months left before the end of the privatization period.
All citizens who, for whatever reason, have delayed privatization, must have time to take advantage of the last opportunity to become the owner of the housing in which they live.
Only urgent privatization will help to meet the remaining period of time. The only difference between this mechanism is the shorter period for collecting documents and the more expensive price of the procedure.
It will be faster to privatize housing if people have the following basic documents:
- social rental agreements,
- apartment warrants,
- other certificates and documents.
Privatization, especially urgent, will require a lot of effort and personal time. But as a result, you will receive all rights to real estate. You can sell it or rent it out.
Nuances
It is often said that when completing any transactions through real estate agents, you can be deceived. These rumors are highly exaggerated. It is worth remembering that for the privatization procedure a special power of attorney is drawn up, which is certified by a notary office.
This document records only those powers and actions that are necessary in the process of a privatization transaction (collection of documents and submitting them to the authorized bodies). A well-drafted power of attorney cannot contain any other clauses.
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Timing of privatization
The free privatization of housing, which began in 1992, was supposed to end by March 1, 2013. However, the terms of privatization, by decision of the State Duma, were once again extended until March 1, 2015 . This is already the third extension of the period: previously, the terms of free privatization were extended twice already in 2006 and in 2010.
Thus, thanks to the extension of the deadline, citizens of the Russian Federation still have time to transfer municipal housing into private ownership. To do this, you need to collect and submit a complete set of documents to the relevant state authorities before 02/28/2015.
Typically the privatization process takes 2.5-3 months. First of all, privatization requires collecting a certain set of documents. Sometimes collecting and processing all documents takes longer than the privatization itself.
After submitting an application with all the necessary documents to the relevant body involved in privatization, 2 months (60 days) are spent on consideration of this application.
Then you need to obtain a certificate of state registration of ownership by contacting the registration authorities. Obtaining a certificate usually takes from 14 days to 1 month. However, urgent privatization is also possible, which, as practice shows, takes no more than 1 month.
What it is?
Not everyone understands what the word “privatization” means. This is the name for the process during which the rights to the ownership of a particular property are transferred from the state to the citizen. Also, in some cases, it allows you to obtain official housing belonging to a company.
Who is eligible?
Every citizen of Russia has the right to privatization. However, with some exceptions, this procedure can only be performed free of charge once. The paid process, which involves a buyout, is available in unlimited quantities.
Conditions
In order to participate in the free privatization program, certain conditions must be met. The main one is that the opportunity to conduct a free transaction is given only once. Also, one of the main conditions is the presence of evidence of citizens’ residence in the area they are privatizing.
The conditions also apply to housing. Thus, not all types of real estate can be privatized. Only housing and land plots that belong to strictly defined categories can participate in the program.
Online real estate valuation
As for the accuracy of the online assessment, it is rather indicative. The cost of an apartment is influenced by the following factors:
- Location of the building
- Technical characteristics of the building
- Layout
- Repair
- Availability of a balcony
- Ceiling height
- total area
- Finish condition
- Number of storeys
- Year the house was built
- Transport interchange
- Distance from the metro
- What housing class does the apartment belong to?
- Ecological situation of the area
- Crime situation
- District infrastructure
Also taken into account is dilapidated or housing stock, or the house belongs to luxury real estate. Moscow real estate is located in dozens of districts; prices for the same apartments in different places can vary dramatically. Online real estate cost calculations save potential sellers from viewing hundreds of similar advertisements. In a matter of minutes you will find out how much your apartment is worth.
Where to apply for privatization in Moscow
You can submit documents for privatization in person at the Multifunctional Center. Located in all districts of Moscow. Here you can quickly order most of the documents and immediately submit an application for privatization.
The second option is to submit documents online on the city hall website www.mos.ru. Here you can fill out an electronic application and attach scanned copies of all the documents listed in the local regulations. If the documents are not attached, the applicant is given 5 days to submit them in person.
List of documentation
The list of documents required for privatization is established by local regulations. There is such an act in Moscow. In accordance with it, employers will need:
- Application for privatization,
- passport of the applicant and all adult employers,
- birth certificates of minor children,
- warrant and social tenancy agreement for an apartment,
- a certificate stating that the applicant has not previously participated in privatization,
- an extract from the house register for the period from July 21, 1991 until arrival at this place of residence,
- certificate of release; his citizen served his sentence after July 21, 1991.
- court decision on the rights to an apartment,
- extract from the Unified State Register of Real Estate,
- explanation for the apartment,
- consent to the privatization of all persons entitled to reside in the apartment,
- notarized refusal of those persons who have the right to live in the apartment, but do not want to participate in privatization, but do not oppose it,
- an act of reconstruction or redevelopment if it affected the area of the premises.
- permission for redevelopment if it was carried out.
Attention! If the documents are submitted by a representative, a notarized power of attorney and an identification document will be required.
How much does Paid Privatization of an Apartment Cost in 2021 in St. Petersburg
Despite the fact that it is possible to privatize an apartment for free, government agencies strictly monitor this process. In particular, the mandatory requirements are:
- The owners of the apartment have a social tenancy order;
- Consent of all persons registered in the residential premises to carry out the privatization procedure in writing;
- Absence of illegal alterations in the apartment;
- Permission from the guardianship authorities if there are also minors in the apartment.
It should be remembered that it will not be possible to transfer housing into private ownership if it is included in the list of emergency or dilapidated real estate.
The concept and basic principles of the procedure for transferring municipal and state housing into private hands are determined by Federal Law No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.” According to the definition, this is a voluntary and free transfer of premises suitable for habitation into the ownership of citizens of the Russian Federation. This also includes premises that were previously booked by them.
Any previously non-privatized residential space with the status of municipal or communal, as well as a hostel, can be registered as the property of the residents. Among the obvious advantages is the opportunity to get it for free. The vast majority of housing already has legal owners.
Privatized housing is allocated to the following categories of citizens:
- military personnel;
- employees in state structures;
- classified as vulnerable segments of the population.
A person can live in a non-privatized state or municipal premises under a social tenancy agreement and has no right to dispose of it. This applies to all real estate transactions, as well as the possibility of registering someone without the consent of the municipality (except for a child under the age of majority).
Apartments and rooms that were previously received from the state for residence can be given into private hands subject to a number of conditions:
- each of the residents of an apartment or room has the right to privatize housing under a rental agreement in part of the specific area specified in the documents, or in equal shares between residents;
- All applicants must have permanent registration in this premises (those temporarily registered cannot take part);
- A citizen can privatize housing only once in his life if he does not own another residential property. At the same time, the interests of those whose rights were violated and restored by the court are taken into account; they are allowed to participate in privatization again;
- Privatization is not an obligation, but a right. This means that a person can refuse it by putting it in writing and having it certified by a notary. However, the right to privatize your share cannot be transferred.
Housing in emergency buildings, office space, as well as in houses and dormitories in closed military camps cannot be transferred to private ownership.
The initial deadline during which it was possible to transfer housing into private ownership free of charge has been repeatedly postponed. According to previously existing rules, it was limited on March 1, 2017.
Who else doesn’t know, “Privatization of the apartment, until when has it been extended?”
Nothing has changed in 2021, no deadlines have been introduced. Federal Law No. 14-FZ of February 22, 2017 lifted all time restrictions, thereby free privatization of living space became indefinite.
Privatization of housing is free of charge and is carried out free of charge. However, paperwork requires some costs, which in total can amount to a decent amount.
State duty | 2000 rub. |
Certificate of non-participation in privatization | for free |
Duplicate social lease agreement | for free |
Technical certificate | From 1000 to 10,000 rubles, depending on the region. Urgent production – 12,000 – 18,000 rubles. If an unapproved redevelopment was carried out, you will have to pay a fine of up to 15,000 rubles. |
Extract from the Unified State Register of Real Estate | 300 rub. - for individuals, 600 - for legal entities. |
Notary Services | If you refuse privatization, about 1000 rubles. and a power of attorney from 1000 rubles. |
In addition, notary services for certification of applications and copies of documents are also paid and paid according to established tariffs. You may have to pay for a number of additional certificates.
Standard list of documents for housing privatization:
- Passports of all participants in the process, birth certificates of children.
- Social tenancy agreement.
- Warrant (if available). If the order is lost, you should take a copy of the order to provide an apartment from the city archives.
- Certificate of non-participation in privatization for all family members (BTI) - needed if a citizen has changed his place of registration since 1991.
- Consent to privatization from all persons registered in the apartment. Children from 14 to 18 years old sign in the presence of their parents (guardians); parents submit an application on behalf of children under 14 years old.
- Extract from the house register for the period from July 21, 1991.
- Application for privatization.
Download the application for privatization of a municipal apartment (sample/form)
filling out an application
For whom will free privatization continue? The opportunity not to pay for registration of housing ownership will remain for some categories of citizens . The Government intends to include among them:
- Veterans of the Great Patriotic War.
- Residents of dilapidated and dilapidated houses. Today, a ban has been imposed on the privatization of these premises, so after receiving a new apartment, citizens will be able to register it as their property free of charge.
- Children are orphans. They will be able to privatize the municipal housing they subsequently receive.
- Citizens who were on the waiting list for social housing before 03/01/2015. This list includes all persons who are recognized as needing social housing in accordance with Article 51 of the Housing Code of the Russian Federation. This category includes:
How much does paid privatization of an apartment cost? There are no exact mechanisms for determining the price of apartments for paid privatization yet. It is assumed that its value will be calculated based on the cadastral value of the object , which is close to the market price.
The cost of living space is determined by Rosreestr specialists. Each region has its own prices per square meters of real estate.
Work on assessing the cadastral value of real estate has already been determined in many regions of the Russian Federation. However, according to specialists from the Ministry of Economic Development, there may be errors in the calculations and the information requires correction.
Housing appraisal is carried out by the state on the basis of Federal Law No. 135 of July 29, 1998 “On appraisal activities in the Russian Federation.” Revaluation of square meters is carried out by regions every 3-5 years.
How to privatize an apartment after the end of free privatization? The process of registering paid privatization is carried out according to the same scheme as free privatization. First you need to contact your local government with an application. documents must be attached to it :
- personal documents registered and included in the rental agreement. They must be accompanied by certificates confirming the change of surname, if it has changed;
- death certificate of previously registered persons (if available);
- certificate of participation in the free privatization process if the fact exists (read about the rights to repeat the procedure);
- an extract from the house book about a change of registration in any period;
- documents for the apartment (find out what to do if the order is lost);
- a certificate of absence of debts for payment of housing and communal services (read about the privatization of an apartment with debts);
- technical passport and cadastral passport of housing;
- consent to privatization or refusal to participate by all registered (find out who can register the property).
Documents remain valid for a month.
In addition to the administration, a package of documents can be submitted through the MFC. If you want to speed up the process , it is more advisable to seek help in preparing documents and the privatization process from an intermediary organization (read about privatization through a realtor, as well as by proxy).
Read our articles about the cases in which the privatization procedure may be refused, as well as how to go through the procedure for deprivatization of residential premises.
Sources
- Gatin Alexey Prosecutor's supervision. Answers to exam papers; Scientific book - M., 2009. - 159 p.
- Potapova A. A. Cheat sheet on municipal law. Educational literature: monograph. ; Prospect - M., 1980. - 868 p.
- Alexey Vyacheslavovich Usov History of state and law of Russia. Workshop; Prospect - M., 2012. - 615 p.
- Alexander Ivanovich Chuchaev Criminal legal problems of protecting power (history and modernity). Monograph; Prospect - M., 1993. - 155 p.
- Sochivko D.V. The subconscious of a terrorist; Cogito-Center - M., 2006. - 907 p.