Non-privatized apartment - what is it, what rights do residents have with such housing?

If the living space is owned by the state, then the citizen living there does not have the right to dispose of square meters. Such objects belong to the municipal fund, the owner of which is the local government. The tenant, in turn, acts as a tenant, using the apartment or room in accordance with the procedure prescribed in the social tenancy agreement. The specified legal status of real estate has its own advantages and significant disadvantages. The article will talk about the nuances that a citizen must take into account if the apartment is not privatized.

Housing owned by the municipality

Privatization provides the opportunity to transfer ownership of an apartment to a citizen who lives in it on the basis of a social tenancy agreement. Of course, there are cases when an apartment is not subject to privatization. All these points are prescribed in the legislation of the Russian Federation.

If the apartment is not privatized, then it is the property of the municipality. A citizen enters into a social rental agreement and simply lives in an apartment without restrictions.

Disadvantages of privatization

Privatization of such housing has its own nuances and disadvantages. This is not only a rather complicated procedure that requires a lot of effort and time to collect the necessary documents, it is a procedure that also has its own nuances and pitfalls. What are the disadvantages of privatization?

Tax. A citizen not only receives ownership of housing, but also receives an obligation in the form of paying taxes. Since 2015, a law has come into force that states that the amount of tax directly depends on the cadastral value of the apartment. Thus, the amount of tax increased by more than 5 times.
Expenses for maintaining the apartment. With the transfer of ownership of the apartment, all expenses that arise during the maintenance of this living space are covered by its owner.
Transfer of real estate from a dilapidated or old foundation to ownership. Quite a difficult question for the citizens who own it.
Subsidies and other subsidies cease to apply.\

Generating income

An apartment can remain non-privatized for as long as desired, especially now that free privatization of housing has become indefinite in Russia. However, since this is the property of the municipal body, all that residents can do is live in the living space allocated to them and, with the permission of the administration, register one of their relatives there.

After privatization, the owners become full managers of the property and can make a profit from it. This refers to the transfer of housing for rent as an additional source of income. To carry out such a deal with social housing is not only illegal, but also fraught with very serious consequences, including eviction.

The nuances of renting out privatized housing:

The rental agreement is concluded in writing. Moreover, it is subject to mandatory state registration if we are talking about a long-term transaction for more than a year;
If the transaction is concluded with an individual, it is a rental, if with a legal entity, it is a lease;
A formal agreement obliges owners who rent out an apartment to pay taxes on such income. Their size depends on the transaction amount.

Residents' rights

The rights of tenants are regulated and determined by the Housing Code of the Russian Federation. It spells out all the rights of apartment owners and their residents, as well as tenants of living space. The apartment owner has the following rights:

live in an apartment;
register relatives or other persons, but with the consent of all other residents of the apartment;
sublease to temporary residents of the apartment;
exchange for another apartment similar in terms of criteria and living conditions.

Rules for registering a minor child

The law of the Russian Federation stipulates that minors until they reach the age of majority are registered in the same place as their parents.

If the parents are registered at different addresses, the child should be registered where he lives most of the time. That is, with the parent with whom he actually lives.

Legal advice

As in any business, privatization has its own frauds and violations of the legislation of the Russian Federation and just some subtleties. Citizens resort to various tricks and tricks, just so that everything works in their favor. This is done only for profit.

Here are some examples that lawyers encounter:

Missing. Sometimes people, when submitting documents to transfer ownership of their home, intentionally or accidentally do not indicate all those living with them, making someone appear missing. But there is a risk in this - if such a “missing” person shows up, then the privatization agreement is automatically considered canceled and the tenant’s rights are restored. Lawyers advise paying special attention to the documents being filled out and indicating all residents in them.
Without children. One of the most common ways of breaking the law is the failure to include minor children in the contract. This was the case until 1994, when amendments were made to the federal law and now registration of all residents became mandatory. Children, according to the law, are equal participants in privatization and must be included in the documents.
Again a refusal. Today, more and more cases of citizens turning to the courts are related to refusals to register ownership of the premises where they live. These are mainly former dormitories, now transferred to municipal state ownership. People living in these buildings want to register the apartment in their own name, but officials often shy away from registration. In such cases, lawyers advise filing complaints in court. As a rule, the courts side with residents and approve privatization.
Office premises. Those who have received official housing often want to register it as their property, but this can only be done after changing the status of the premises to municipal. In this case, it is possible to purchase it as property. However, there is a pitfall - according to Article 72 of the Constitution of the Russian Federation, housing legislation can be regulated by both the Russian Federation and its subject. This means that the possibility of privatization can be regulated by local laws. There is only one piece of advice - check with the local administration about the inclusion of municipal housing on the balance sheet. And if so, submit the necessary documents.
Social hiring. According to Article 2 of the privatization law, residential premises located in a municipal or state fund can be privatized. Refusal can only occur due to the lack of registration of the premises in the register of the state fund. However, it is not completely legal - the privatization law does not provide for restricting the rights of citizens. All lawyers agree on one thing - any court will take into account the violation of the law on privatization and, if there are no other factors prohibiting it, will approve it.

Lawyers advise paying special attention to documents submitted for privatization. This will avoid paperwork and wasting a lot of time in the future.

Restrictions on actions with the apartment

A citizen who lives in a municipal apartment has restrictions on it. He can not:

sell an apartment;
rent out the entire apartment;
transfer the apartment by inheritance.

The apartment goes back into state ownership if the tenant decides to move to another property. Also, the apartment goes back to the municipality if its tenant dies.

It is worth noting that if only one person is registered in the apartment, then upon his/her discharge, all rights to this apartment are transferred to the municipality, which transfers this living space to the ownership of another family.

Upon eviction

The state has the right to evict a citizen from an apartment if:

The tenant does not pay utility bills for more than six months. In this case, everyone living in the apartment will be evicted from it and moved to a dormitory.
The tenant disrupts the order in the house and disturbs the neighbors. Residents must make a formal complaint about a guest in a non-privatized apartment. If the fact of violations is justified and the court orders eviction, then the tenant is deprived of the right to alternative housing.

If a person living in a municipal apartment is forced to move out of it due to the emergency condition of the house, then the state is obliged to find alternative housing for him.

After the death of the employer

If the only tenant registered in a municipal apartment dies, then this housing becomes the right of ownership and disposal of the municipality. None of the heirs has the right to claim this property, if it was not privatized earlier. There are rules that guarantee accommodation:

you need to obtain permission to live in this apartment by court decision;
if his relatives previously lived with the deceased in this apartment;
if the tenant ran a joint household with one of the residents in this living space.

These persons have the right to draw up a social tenancy agreement after the death of the first employer in accordance with the legislation of the Russian Federation.

It is worth noting that for this, their data must have previously appeared in relation to this property, that is, in the original version of the contract, and it is also necessary that other family members give their consent.

general information

Let's figure it out - what is privatization, which has been talked about so much since the early 90s of the last century?

The main objective of the process is to transfer ownership of apartments that were previously on the balance sheet of the state housing stock to Russian citizens. This, on the one hand, will allow the country to get rid of the need to maintain it, and on the other hand, it will create a culture of private property among the population.

The topic of privatization first became relevant in 1991, that is, immediately after the collapse of the Soviet Union. At that time, the standard of living in the country fell sharply, and, accordingly, budget revenues decreased, which ultimately led to a reduction in its expenditure. It has become expensive for the state to properly maintain many thousands of houses. Transferring them to the balance sheets of municipalities did not solve all the problems, since in the regions the economic situation was also deteriorating every day.

Results of using an apartment without privatization

The question that interests most tenants of a non-privatized apartment is: what will happen if the apartment is not privatized?

The main consequence will be that the citizen will not own it fully, but no one will deprive him of the opportunity to live.

A citizen does not have the right to freely dispose of an apartment, rent it out or sell it.

The municipal institution will be the full owner of the housing. A citizen who lives in this apartment does not have the right to force it to the bank or transfer it as collateral.

What is more profitable: to continue living in a municipal apartment or to privatize it?

Author Alena Kraeva Reading time 6 min.
Published 02.24.2020 “My neighbor said that I am obliged to privatize the apartment, otherwise the state will take it away from me. She talks about her friends who were allegedly fined, had every penny taken from their accounts, and then were evicted “to nowhere” by the police.

But I have been living in my apartment for 35 years, paying bills and other utilities, I have no time to deal with this issue. Tell me, am I really obliged to do this?

My dear reader. The opportunity to privatize the apartment in which you live, that is, to register it as personal property, appeared more than 20 years ago. However, no one obliges you to do this.

And even moreover, some owners of privatized apartments want to deprivatize them. What's the matter? Which apartment is more profitable to live in - municipal or privatized? Let's figure it out.

Eviction from non-privatized housing

The advantage of a privatized apartment is the fact that the owner cannot be evicted for non-payment of utility bills, unlike a simple tenant of non-privatized housing. That is, privatization of an apartment gives you the right to dispose of your real estate.

The only option when the owner can lose the apartment is if he made it collateral in the bank. Then the court or bank has every right to seize the apartment for non-payment of debt.

As for municipal apartments (non-privatized housing), here the chance of losing an apartment is much higher. This provides for several cases when a tenant can be evicted:

if he systematically violates order and receives complaints from other residents;
if the tenant does not pay utility bills;
if the tenant does not take care of the municipal apartment or damages it;
if the tenant uses the apartment for purposes other than its intended purpose.

In most cases, the court deprives the right to housing, without providing anything else in return.

If you have debts

Since, according to the law, privatization and housing and communal services are two completely different areas, there should be no problems. No one has the right to refuse to issue or accept documents for privatization if there are debts for utilities. In such cases, you should file complaints with the prosecutor's office and the police about arbitrariness.

However, there are some interesting features to keep in mind:

If any debts have accumulated that are not related to utility bills (for example, bank ones), then the privatized apartment is seized and, if the owner has another place of residence, it is seized to pay off these.
Non-privatized residential premises can only be withdrawn for large debts to public utilities. But lately this has happened extremely rarely - bailiffs are trying to find other ways to pay off debts.