What does a document on privatization of an apartment look like, photo, certificate of privatization of an apartment

How to restore documents for an apartment: instructions

How to restore documents on the privatization of an apartment, what documents are needed for this? Duplicates of these papers can also be ordered from the BTI, of course, by paying for this service; it is this organization that contains data on all privatized apartments. Receipt time will not be more than 2-3 weeks. The apartment owner’s passport is the only document that is required for restoration, and therefore, to save time, a request for restoration can be made simultaneously with the submission of an application for a duplicate of the foundation agreement. The only thing to consider: if the apartment belongs to several owners, then to restore the privatization papers you will need either the personal presence of all owners or a power of attorney from each of them.

Kuzmenko Gennady Borisovich

Where is a contract required? Immediately after concluding an agreement on the privatization of an apartment, a copy of it is transferred to Rosreestr for storage. And the second copy remains with the owner of the property. Based on this document, the owner of the apartment can freely dispose of the housing. This document will be required if you need: Where can I get the document? Only one copy of the agreement will be kept at the owner’s home, but the second copy is always kept in the archives of the organization that issued the documents. In addition, the City Registration Bureau, where ownership of a privatized apartment was registered, must have certified copies of documents and information about who owns it, and various certificates.

Due to various reasons and circumstances, it may happen that at the most inopportune moment it turns out that some important document is simply missing from the document folder. The first thing that occurs in such a situation is panic, but this will not help matters much.

Attention

The real way out of this situation is to obtain duplicate documents from the organization that issued them, namely, at the location of the housing. Therefore, if you are interested in information on how to restore documents for an apartment, the instructions described below will help you cope with this seemingly difficult task.

After all, in fact, the real owner of the property should not have any difficulties.

The apartment privatization agreement was lost

If your parents’ apartment is not privatized, then no one has any shares in it; if it is still privatized, then they cannot deprive you of your share there, they can only try to remove you from the registry. accounting in order to pay less for utilities, in the absence of meters, and forget about your grandmother’s, you are not the heiress of the first stage. Moreover, if you lived at the time of privatization, but did not participate in it, you retain the right to use until you leave there yourself, but if you leave, then your parents may recognize you as having lost the right to housing.

Important nuances

The contract is declared invalid by the court.

This can happen in certain situations:

• violation of the rights of persons under the age of majority or legally incompetent;
• signing of a contract by persons incapacitated;
• the person’s previous participation in privatization;
• signing a contract against the will of the employer, under the influence of violence or delusion.

Minor children take part in privatization. But it happens that ignorance of the laws leads to the transaction being challenged in court.

Violation of a child’s rights to his share in the apartment where he lives is a direct violation of the law. If this situation occurs in practice, this is grounds for recognizing the nullity of the transaction.

Persons who are registered in residential premises can take part in privatization. But there are citizens who are temporarily deregistered because they are in a colony or doing military service.

They do not lose their right to live in residential premises. A transaction in which their rights were violated is considered void.

But this does not happen in any case, but only under circumstances when a person does not understand the significance and meaning of the actions he commits and cannot lead them.

This often happens based on a claim received from interested parties. For example, from relatives who go to court to protect themselves from the actions of an unhealthy person.

We invite you to familiarize yourself with: Agreement on the assignment of rights of claim with a deposit

Please note that transactions, not only privatization, in which a mentally ill person participates are considered void.

But these transactions must be distinguished from those made by an adult with limited legal capacity.

They stipulate the conditions under which the housing becomes yours.

Among them are:

• Contract of purchase and sale, deed of gift, exchange, rent.

• Transfer of ownership of housing to someone.

• Information about participation in shared construction.

Advice 1: How to restore the privatization agreement

• Social rental agreement. Copy it on a photocopier and present three copies of the photocopies and one copy of the original.
• Extract from the house register. This document is drawn up at the housing department and includes all family members who have ever been registered in a living space registered under a social tenancy agreement. Two photocopies and one original are attached to the package of privatization documents.
• Original and photocopy of personal account statement. You can obtain this document from the management company, which sends you receipts for payment of utility bills.
• Originals and photocopies of passports and birth certificates of all registered citizens. Photocopies must be made of the first and second pages, as well as from the page where the stamp confirming registration in the residential area is affixed.
• Photocopies and originals of the explication and floor plan of the apartment. All documents must be certified by the technical inventory bureau. If more than 5 years have passed since the registration of these documents, you will need to update the information by calling a BTI technical employee. If redevelopment has been carried out and you do not have the appropriate documents, that is, you carried out all the work without permission, you need to legalize the redevelopment and obtain technical information from the BTI.
• An order, a social tenancy agreement or an extract confirming the right to enter into a social tenancy agreement. All documents in originals and attached photocopies in triplicate.
• Application for privatization. You will write it when submitting all documents to the housing department of your district administration.

Registration procedure

However, practice shows that after a certain number of years it is quite difficult to find a seller. And in this case, you can contact the BTI or the tax office, which contains information about the owners of the property.

Obtaining a duplicate certificate If, ​​after losing the entire package of documents for housing, it was possible to obtain a duplicate of the agreement under 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.

The procedure for drawing up the Agreement is regulated by Article 161 of the Civil Code of the Russian Federation and the Privatization Law. It is compiled by specialists from private organizations or administrations.

It should include the following items:

1. Information about the property (address, square footage, number of rooms, etc.).
2. Data of the parties involved (employers and local governments).
3. Information about the participants in the transaction.
4. Information about the owner of municipal housing.
5. Information about the document on the basis of which tenants live in the apartment (Order, Social Tenancy Agreement).
6. Information on the distribution of shares (when registering an apartment as shared ownership).
7. Responsibility of the parties.
8. Conditions for the transfer of housing ownership to individuals.

The document is sealed, stamped by the administration and certified by the signatures of the parties. The number of copies must match the number of those concluding it.

After the procedure, each participant in the process must have the original in their hands.

What does an apartment privatization agreement look like? You can see the photo here.

If any condition of the transaction is violated, it may be declared invalid. The period for filing a claim is one year.

An agreement to transfer an apartment into the ownership of citizens during privatization may be declared invalid on the following grounds:

• one of the participants was misled;
• the document was prepared under duress;
• incapacitated persons participated in the process;
• some of those registered did not take part in privatization and did not receive a share;
• During registration, the rights of citizens under 18 years of age were violated.

On these grounds, a claim to invalidate a document can be filed by the owners, people registered at this address at the time of privatization, government agencies, guardians of incapacitated and minor citizens, the prosecutor's office, and guardianship authorities.

Compliance with all legal conditions when concluding an agreement on the privatization of residential premises will help you avoid subsequent troubles in using this premises, as well as making transactions for its alienation.

A privatization agreement is a document of title when transferring housing into the ownership of a citizen from the state or municipality. It is this document that must be submitted to Rosreestr to register ownership.

To conclude a contract, you must collect a package of required documents. The process of collecting them can take about 2 months.

The relevant application and package of documents should be submitted to the local administration body that manages the housing stock. This service can also be obtained through a multifunctional center.

It is reviewed within 2 months, after which a positive decision or refusal to privatize will be made. If the decision is positive, the privatization participants will be invited to sign the relevant agreement.

Alteration

Sometimes some changes need to be made to the contract. This can be done either by agreement of the parties or by court decision (when one of the parties does not agree). Amendments to the privatization agreement are possible in the following cases:

1. there was a need to include a new participant in privatization (for example, he had previously refused privatization, but changed his mind during the process);
2. it is necessary to exclude a participant (for example, a person does not want to participate in this privatization in order to preserve his right for another);
3. it is necessary to correct the personal data of one of the participants, etc.

Changes are made by signing an additional agreement to the contract.

Without a privatization agreement, it is impossible to carry out any transaction with an apartment. If a document is lost, it will have to be restored. Moreover, it will be required even if there is a certificate of registration of ownership (or an extract from the Unified State Register).

To restore a lost contract, you must contact the Bureau of Technical Inventory (BTI) at your place of residence.

Once the application for a duplicate is accepted, the lost document will be issued within 2 weeks. This procedure is not free. To issue a new contract, you will have to pay a fee according to the tariff established in the region.

In this regard, if you plan to make a transaction with an apartment, you need to take care of obtaining a duplicate of the privatization agreement in advance.

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In accordance with the civil legislation of Russia, ownership of a real estate object arises from the moment of state registration of the right and an entry about this is made in the Unified State Register of Rights.

So, the final stage in the process of apartment privatization will be the submission of the privatization agreement and all necessary documents to the Rosreestr Office. Next, his employees will conduct a legal examination of the documents provided to register ownership rights. On the basis of which an extract from the Unified State Register or refusal of registration will be issued indicating the reason.

Shares are distributed equally among all owners. In this situation, each owner of his share has the right to dispose of it at his own discretion.

If one of them decides to sell their share, the other co-owners have the right of first refusal. This means that first, the one who decided to dispose of it is obliged to offer to buy out the share to other shareholders and only after their refusal can sell it to third parties.

However, another option for decorating an apartment is possible - joint ownership. It is possible only between spouses. In this case, there will be no division of shares and in order to dispose of it, one person needs to allocate the shares.

The statement of claim is drawn up according to the rules of Art. 131, 132 Code of Civil Procedure of the Russian Federation. The document must indicate the reasons for living in the living space. It is necessary to demand that local authorities be obliged to conclude a social tenancy agreement. The following must be attached to the statement of claim:

• a copy of the passports of all family members;
• a copy of the order (if available);
• an extract from the house register;
• a copy of the financial personal account;

The likelihood that the court will satisfy the plaintiff’s demands is high, since the right to residence will be confirmed by a note in the passports of family members about permanent registration in the living space.

You can act by proxy, but the services of representatives are paid separately. The statement of claim can be supplemented with a petition to subpoena witnesses who can confirm the fact that the owner of the apartment and his family are living in the living space.

The non-issuance or non-execution of individual certificates, contracts, etc. should be distinguished from the restoration of documents. For example, there may be cases where buyers of an apartment in a new building paid the entire transaction amount under a preliminary agreement.

The buyer refuses to pay extra, and the deal actually falls through, but formally the buyer of the property owns the property. Problems arise when he wants to dispose of the property. It is recommended to draw up the main contract on time and obtain a certificate of ownership on a general basis.