Apartment privatization agreement: where to get a copy, how to restore it

For more than two decades, Russians have had the opportunity to obtain free ownership of an apartment previously allocated to them under a social tenancy agreement. This process is called privatization. As a result, the owner receives a contract. Like any document for an apartment, you should take care of it. It is advisable to have notarized copies of it and store them separately from the original in case of its loss.

However, there are situations when the contract is lost or it is not possible to present the original. This article will tell you what an apartment privatization agreement is, where to get a duplicate, how to request a copy, and why it is needed.

• 1 Where will the agreement be needed and why should it be restored?
• 2 Where to go
• 3 What documents will be required
• 4 Cost and lead time for making a copy
• 5 Grounds for refusal

Where will the agreement be needed and why should it be restored?

The full and correct name of the document, which will be discussed further, is an agreement for the free transfer of residential premises into the ownership of citizens. In practice, it is more often referred to as a privatization agreement. This is the main document confirming the agreement and the transfer of ownership of the apartment, which belonged to the tenant under a social tenancy agreement, to such a person as the owner. It is concluded between an employer or several employers on the one hand and local governments on the other.

You will have to apply for a change in contract in the following cases:

1. loss of document,
2. severe damage to it, which prevents it from being accepted by a notary or government officials,
3. conducting inheritance business after the death of the owner,
4. after changing the owner's name.

Attention! This document will be required for transactions with an apartment and in all other situations when it is necessary to confirm the basis for the emergence of ownership rights. If for some reason you do not have this document on hand, you will have to restore it.

The contract can be renewed an unlimited number of times per year.

Registration procedure

In order for the drawn up apartment privatization agreement to come into force, and for the citizen to become the full owner of the real estate, it is required to register it and obtain the appropriate certificate of transfer of ownership.

Registration of a real estate privatization agreement is carried out in one of the following authorities:

• Rosreestr;

You can contact this registration authority either during a personal visit to the territorial office, by sending documents by mail (letter of notification), or by using the official portal of the organization.

• Multifunctional Center.

After the contract and the necessary list of documents are submitted to the registration authority and a decision is made to satisfy it, data on the privatized property is entered into a single database of the Unified State Register of Real Estate.

During the consideration of the privatization agreement and the decision to approve/refuse to approve privatization, all documentation will undergo an examination, during which the following actions will be carried out:

• Checking title documentation for authenticity (privatization agreement, extracts from the Unified State Register of Real Estate);
• Conducting an analysis of the content of the submitted list of materials, checking the certification;
• Checking the correctness of the specified legislative references and how relevant they are in a particular case;
• Analysis of the form of the documents drawn up, their content, in particular the rights and obligations of the parties to the agreement;
• Checking all completed documentation for grammatical, spelling, syntactic, lexical, stylistic errors, legal inaccuracies, corrected words (not allowed);
• Checking a privatized property for encumbrances (administrative arrest, pledge, debts for housing and communal services, etc.).

After completing the complex of verification actions, a decision is made to refuse or approve the application for privatization of the apartment, after which the corresponding stamp is affixed to the document

Information!

In case of refusal to register an apartment privatization agreement, you can appeal it by contacting the appropriate authority.

The procedure for registering a contract for the privatization of a real estate property is carried out within a time period of ten days from the date of filing the relevant petition.

What documents will be required?

One of the homeowners, his legal representative, or a representative by proxy can apply for a duplicate directly. Heirs have the same right.

Regardless of where the application is submitted, you will have to prepare a package of documents:

1. Application for provision of a duplicate of the privatization agreement. It can be compiled on the spot. An MFC or BTI employee can help with this.
2. Copy of the passport. The owner's original Russian passport is presented when completing the application. If it is not the owner himself who is applying, you will need a document confirming the right of the representative, this could be a power of attorney, a document establishing guardianship, etc.
3. Consent to the processing of personal data.

When changing the name of the owner, in order to obtain a new document, in addition to the previously listed certificate, you will need:

• name change,
• marriage,
• divorce,
• adoption,
• establishing paternity.

If the heir applies, you will additionally need:

1. owner's death certificate,
2. certificate of opening of an inheritance case, or a copy of the will of the deceased owner,
3. a document confirming relationship with the deceased (birth, marriage, adoption certificate, etc.),
4. notary request.

If there are several owners, any of them can request a copy of the agreement. Everyone's consent will not be required.

Property Relations Committee of the City of Murmansk

1. Brief description of the organization of service provision in the MFC: during the provision of the service, citizens are informed and consulted about the procedure for providing municipal services, receiving documents and issuing results of providing municipal services.

2. Payment for the service: provided free of charge.

3. Recipients of municipal services: citizens of the Russian Federation occupying residential premises in the municipal housing stock on the terms of social rent, as well as citizens who are owners of residential premises (shares in the ownership of residential premises) on the basis of privatization agreements, heirs of the property of citizens who were on the date of opening of inheritance by the owners of residential premises (shares in the ownership of residential premises) on the basis of privatization agreements.

4. Duration of service provision:

• The execution and issuance of duplicates of residential premises privatization agreements is carried out within 22 working days from the date of registration of the applicant’s application with the MFC.

5. Result: issuance to the recipient of a municipal service of a duplicate of the privatization agreement or issuance (sending) of a written notice of refusal to provide a municipal service.

6. List of documents required to receive the service:

6.1. The execution and issuance of duplicates of privatization agreements in cases of loss or damage to the original is carried out on the basis of a written application from a citizen who is the owner of a residential premises (share in the ownership of a residential premises) on the basis of a privatization agreement, an heir to the property of a citizen who was the owner of the residential premises on the date of opening of the inheritance ( shares in the ownership of residential premises) on the basis of a privatization agreement.

To draw up a duplicate of the privatization agreement you also need:

a) documents confirming the powers of the authorized person (a notarized power of attorney or a power of attorney equivalent to a notarized one);

b) documents confirming the powers of the legal representatives of minor citizens, as well as citizens recognized in the prescribed manner as incompetent (partially capable);

c) a certificate (information) about the rights to a property (residential premises) registered before July 1998, and information about the details of the title document - if the privatization agreement was drawn up before July 1998;

d) extract (information) from the Unified State Register of Registered Rights to a property (residential premises). If there are no records in the Unified State Register of registered rights to residential premises - a written notification about the absence of the specified information in the Unified State Register;

e) a certificate (letter) from a notary confirming the Applicant’s right to inherit the property of the deceased owner of the residential premises by law or by will.

6.2. The obligation to submit and (in the cases provided for by this Procedure) notarize the documents specified in subparagraphs “a”, “b”, “d” of paragraph 6.2, responsibility for the accuracy of the documents and the completeness of the information contained in them rests with the Applicant.

The documents specified in subparagraph “d” of paragraph 6.2 are obtained by the Applicant independently from technical accounting and technical inventory organizations, other authorized organizations that have information about the privatization of residential premises by citizens, guardianship and trusteeship authorities at the place of residence of minor citizens, as well as citizens recognized in the established order of incapacitated (limitedly capable), bodies carrying out technical accounting and technical inventory of housing stock, from notaries providing notarial services to citizens on issues of registration of inheritance cases and issuing certificates of the right to inheritance. Documents (information) provided for in subparagraphs “c”-“d” of paragraph 6.2. The Committee requests independently within the framework of interdepartmental information interaction in the State Budgetary Institution “MFC MO”, GUPTI MO, the Rosreestr Office for the Murmansk Region, including, if technically possible, in electronic form using means of ensuring interdepartmental electronic interaction, if the Applicant does not provided them independently.

6.3. Applications for the issuance of a duplicate of the privatization agreement are drawn up in one original copy.

Completed Applications for the provision of municipal services and submitted documents must not contain erasures, additions, crossed out words, other unspecified corrections, as well as damage, the presence of which does not allow an unambiguous interpretation of their content.

When submitting an Application for the issuance of a duplicate of the privatization agreement, the Applicant (his authorized representative) presents an identification document (passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation, passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation outside the Russian Federation, seaman's passport, lawyer's certificate, passport of a foreign citizen or other document recognized in accordance with an international treaty of the Russian Federation as an identification document of a foreign citizen, a document issued by a foreign state and recognized in accordance with an international treaty of the Russian Federation as an identification document stateless persons).

The originals of the documents specified in clause 6.2 are submitted by the Applicant with the simultaneous submission of their copies, which, after checking their compliance with the original, are certified. The original documents are returned to the Applicant. If the Applicant submits notarized copies, submission of original documents is not required.

7. Grounds for refusal to provide municipal services: 1. The provision of municipal services is suspended on the basis of a written application from the Applicant (representative of the Applicant) to suspend the provision of municipal services, indicating the reasons for the suspension. 2. The grounds for refusal to issue a duplicate of the privatization agreement are: - failure by the Applicant to provide the documents specified in subparagraphs “a”, “b”, “d” of paragraph 6.2; — the documents submitted by the Applicant do not comply in form or content with the requirements of the current legislation; — an Application for the issuance of a duplicate of the residential premises privatization agreement was submitted by an inappropriate person; — the agreement for the privatization of residential premises was not registered with the Committee (the original agreement is not stored in the Committee). Refusal to provide a municipal service must be motivated. A written notice of refusal to provide a municipal service is issued to the Applicant upon personal application to the MFC. 3. The provision of municipal services is terminated in the following cases: - the Committee receives an application from the Applicant to terminate the provision of municipal services and return documents.

8. Phone numbers for inquiries: 8, 45-38-13

9. Application samples Application form for a duplicate

Cost and production time of a copy

The speed of obtaining a copy and its cost directly depend on where the application will be submitted. When applying to the local administration, the maximum period is one month. This is the standard waiting period for a response to any request to government authorities.

Of course, it’s not fast, but the copy will be completely free. The service is provided under the same conditions at the MFC. It's free, but you'll have to wait a month. After receiving the documents, the applicant will be given a receipt indicating their acceptance indicating the deadline for the results to be ready. If a copy is submitted earlier, the applicant will be informed via SMS.

Attention! MFC services are free. In case of demanding any money for service or acceleration of service provision, it is illegal.

When contacting the BTI, you will have to pay the tariff established in the region. However, the review period will be much shorter. This will take a couple of weeks maximum. If the institution is not too busy, then you can get your duplicate within a week.

How to draw up and where to get the document?

The legislator does not define a clear unified form of the form, but at the same time, paragraph 7 of the Roskommunkhoz Decision No. 4 of November 18, 1993 “On approval of the approximate regulations on free privatization of housing stock in the Russian Federation” establishes the need to submit it along with a full package of documents. Appendix No. 1 of the same regulatory legal act contains an example sample of drawing up an appeal.

The application form template can be downloaded on the Internet, or obtained from the government agency responsible for processing these applications, or written by hand in compliance with all requirements.

Grounds for refusal

There are not many reasons for refusal. In fact, they are only technical weights:

• The application was submitted by an unauthorized person, that is, not the owner himself, his representative or heir.
• The documents have not been collected in full.
• The submitted documents have defects that make them unreadable, unreliable, or contain marks or traces of corrections.
• The application was filled out incorrectly or incompletely.
• Falsified or false documents have been submitted.

Some problems can be solved on the spot, for example, by refilling the application form, while others require contacting the competent authorities for new documents.

Registration requirements

The application for privatization can be submitted either in printed or handwritten form.

The official document is filled out with black or blue ink. Corrections and blots are not allowed.

Notarization is not required. In the process of completing a transaction, contacting a notary may be necessary only in the following cases :

• if a participant in the process who has reached the age of 14 cannot ensure personal presence, a notarized power of attorney is issued to perform actions on his behalf;
• if any of the residents does not want to be among the participants in the common property, a notarized refusal of the transaction is drawn up.

Contents of the document

The following information is required to be included in the application::

• Full name of the institution where the application is being submitted.
• Information about the applicant (passport details, address, telephone).
• The essence of the appeal: the desire (expression of will) to re-register an apartment provided for social rent into ownership.
• Exact address of housing.
• Technical parameters of the object (area: general and residential, number of rooms, what floor it is on, number of floors of the building, etc.).
  Privatization of unsafe and dilapidated housing, as well as housing that is used or withdrawn from circulation, is not allowed. In addition, apartments in closed military camps cannot be the object of privatization.
• List of participants in the transaction, their passport data (for persons under 14 years of age - birth certificate data).
• List of attached documents.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

Recovery procedure procedure

As can already be understood, the entire restoration process depends, roughly speaking, on chronology. In other words, if the entire package is lost, then first of all you need to get a duplicate of the papers, on the basis of which the title can be re-issued. And only after this will it be possible to restore the title documents for the apartment and then contact the BTI for the remaining documents. If only technical documentation is missing, then, naturally, the task is simplified to a significant extent, since such papers are already recommended to be changed from time to time.

Restoration of technical documentation

How to restore technical documents for an apartment? In order to re-obtain cadastral and technical passports, you should go to the BTI. At the same time, you need to be prepared for the fact that if the required inventory was carried out more than five years ago, then a technician will definitely come to the apartment and make sure that no unauthorized alterations have been made to the housing. If everything is fine, then these documents will be ready in about a month.

Obtaining a duplicate certificate

If, after losing the entire package of documents for housing, it was possible to obtain a duplicate of the contract, according to which the remaining documents were drawn up in due time, we can consider that half the battle has already been done. Upon presentation of this duplicate without unnecessary questions or problems at the Federal Registration Service, within 30 days from the moment the application for restoration was submitted, a certificate will be issued that confirms the right to housing, or rather, a duplicate of it, which has the same legal force , as the original.

Once again about the main thing

If you have lost your housing documents, there is no need to despair, since restoring your apartment documents is not as difficult as it might seem. After all, all the necessary data about the owner and status of housing is located in the state registration authorities, and you can obtain duplicates of them if you have personal documents and a certain amount of money in hand for official payment for the services of a particular organization. You also need to understand that it is imperative to restore lost documents for an apartment, since without them the rightful owner will not be able to dispose of his home at his own discretion.