Some issues of implementing the right of military personnel to privatization


Legislative norms

The main regulations of the procedure are contained in the Law “On Privatization...” No. 1541-1 and Government Decree No. 512.

They stipulate the right of the military to take ownership of the premises provided to them, subject to 20 years of service .

This right is reserved for military personnel transferred to the reserve if their total length of service exceeds 10 years.

The apartment can be registered as the property of a military man or members of his family, if there is a refusal from the rest of the registered ones.

Military privatization is carried out taking into account the standard area per resident .

By law, the area per family member cannot exceed 20 square meters. Excess space is available for a fee.

Sample statement of claim for privatization of an apartment for military personnel.

Possible obstacles

The complexity of the process mainly lies in the presence of service status for residential areas. Having begun the procedure for registering premises as property, people encounter the following obstacles:

  1. The building in which the premises are located does not have an official owner or management company. The reason for this situation is the untimely completion of documentation when transferring departmental apartments to municipal ownership.
  2. The owner of the property is the Ministry of Defense. Such real estate is not subject to privatization, since it has departmental status.
  3. The apartment buildings have been transferred to the balance of the state, but the residential premises located in them have not received documentation from the BTI and Rosreestr. This fact makes it impossible to issue technical and cadastral passports for residential premises, since such buildings are not registered in the cadastral register.

All these problems delay the process, and in some cases make it impossible . Each specific case has its own characteristics and may have a different procedure for solving the problem.

Find out on our website about the rights and obligations of the owner and those prescribed in a privatized apartment, as well as what the owner of privatized meters will have to pay for out of his own pocket.

So, where to start the procedure?

The main problems associated with the privatization of housing for military personnel

The main stumbling block in privatization for military personnel is the social employment agreement. According to this document, the apartment in which he and his family live belongs to the state. Despite the fact that this person uses utilities in full and lives in the premises for a long time, he cannot call himself a full owner.

Privatization of housing by military personnel has the following range of problems:

  • It is difficult to resolve the issue of determining the management company supervising the house. Housing owned by the Ministry of Defense is untimely transferred to the balance of the municipality. For this reason, regulations on the transfer of housing to private individuals from the state are not valid.
  • There is no owner of the house as such.
  • There are no technical passports for apartments.
  • Reduction of the Ministry of Defense's residential property stock and, as a result, the impossibility of obtaining it for private ownership.

Where to begin?

How is privatization carried out under a social employment contract by military personnel?

Despite some features of each procedure, there is an approximate general procedure.

In any case, you need to start by determining the status of housing by contacting the department of the Ministry of Defense.

Permission will not be obtained if the property is located in a gated community. Due to the special strategic purpose of such residential premises, their privatization is prohibited .

If the premises do not have strategic status, you should then submit an application to the municipality. The applicant can be a military serviceman, both active and retired, and his authorized representative.

If the living space is located in a dilapidated building, it will not be possible to privatize it.

Read about the procedure for deprivatization of an apartment, as well as the statute of limitations for invalidating the privatization of residential premises, on our website.

Documents for privatization of housing by military personnel

So, if the privatization of an apartment by a military personnel refers to the case in which residential premises are allowed by law to be privatized, then it is necessary to collect the following documents:

  1. An extract from the house register, which should indicate all retired citizens from the time the warrant was received, as well as all registered citizens at this moment.
  2. Social tenancy agreement.
  3. Housing order.
  4. Explication for the apartment.
  5. BTI plan.
  6. Documents that prove the identity of all those registered in this premises.

So, after all the above documents have been collected, they need to be submitted to the privatization center , which will issue confirmation of the right to privatization for about two months.

Instructions for the procedure

Before submitting an application, all citizens registered for housing must decide on the option for registering property:

  • on all registered;
  • on several;
  • per owner.

In any case, an application must be submitted with the signatures of all registered persons. Each of them must agree or refuse the share due to him.

A minor under 14 years old cannot be excluded from the list of share recipients; he must receive a share in the apartment without fail . If the refusal is issued on behalf of a child aged 14 to 18, permission from the guardianship authorities will be required.

The following must be submitted along with the application:

  1. Copies of passports or birth certificates.
  2. Notarized waivers (if available).
  3. Technical documents.
  4. Extract from the personal account.
  5. Certificates of non-participation in privatization.
  6. Extract from the Unified State Register.
  7. Certificate of registration.
  8. Power of attorney for privatization (if personal participation is impossible).
  9. A copy of the Marriage Certificate.
  10. Receipt for state duty (1000 rubles from each party to the contract).

For tenants of apartments provided after 09/01/1991, you will need a certificate of registration in the previous place of residence. Since military personnel often change their registration during their service, this can significantly delay the process.

The difficulties often lie in the fact that many military units where the military family lived and was registered have already been disbanded. Then you will have to look for data in the archives.

No later than 60 days after submitting the package of documents, applicants must be given a response. If a refusal is received, the serviceman can carry out this procedure through the court .

Read on our website about how to determine whether your living space has been privatized, where to start the procedure for registering ownership, and whether you can submit documents through the MFC.

What is the complexity of the procedure?

A person using service residential premises from a specialized housing stock must remember some of his responsibilities:

  1. Use it for its intended purpose;
  2. Treat it with care;
  3. Pay due payments on time;
  4. Carry out routine repairs at your own expense;
  5. Without obtaining special permits, do not carry out redevelopment.
  6. Compensate for all losses caused, etc.

The difficulty of transferring office premises to the municipal housing stock is that this procedure has not found legislative reflection in the Russian legal space. Simply put, there is no legal act regulating this issue.

Practice shows that military personnel must submit an application to the administration of the enterprise, i.e. to the command of a military unit (or other military organization), and only after receiving the consent of the command, such a transfer of housing is carried out.

At the same time, it is difficult to count on a positive outcome in resolving this issue after studying the content of the Resolution of the Constitutional Court of the Russian Federation No. 13-P of October 24, 2000.

It says that since there are no legislatively defined criteria for banning the dispossession of housing, local law enforcement officers often abuse their powers and deprive citizens of their rights to housing.

Thus, it is clear that the service housing of military personnel, previously in state ownership and assigned to a state enterprise or institution with the right of operational management or economic management and transferred in the future to the ownership of municipalities, can be legally registered by these military personnel as property through privatization.

Having received answers to the question of how to dispose of living space, the military man can seek to exercise his legal right to living space.

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Changing the terms of the social tenancy agreement

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Reasons for refusal

You can get a refusal in the following cases:

  1. Illegal redevelopment discovered.
  2. The documents do not comply with the standards or there are errors in them.
  3. Some of the applicants were previously involved in this.

If the applicant dies after filing the documents, the process stops. The wife of the deceased has the opportunity to renew it after re-registering the social tenancy agreement on legal grounds.

Also find out from our articles whether it is possible to privatize a room in a communal apartment, as well as cooperative or service housing.

Privatization by court

Privatization of “military” housing does not always go without problems. Such apartments are sometimes not registered with technical and cadastral records, or are not registered at all in the name of the resident tenant. Sometimes the housing is in extremely dilapidated or dilapidated buildings, and sometimes the military unit management refuses to transfer departmental housing to the municipal fund. All this creates obstacles to the implementation of privatization in the generally established manner. The issue of transfer of ownership rights when these situations arise can only be resolved through the court.

Special cases

Is it possible to privatize an apartment from the Ministry of Defense for my wife? Military personnel in Russia enjoy support and social protection, which also extends to their family members. In the event of the death of a military man, close relatives have the opportunity to use his benefits .

This measure concerns, among other things, the provision and privatization of housing. The wife of a serviceman, in the event of the death of her husband while on duty, enjoys his benefits in full.


The exception is the housing benefit.

A military spouse can use this right only before entering into a new marriage .

If a military spouse lived with him in living space provided by the Ministry of Defense, then in the event of the loss of her husband, she can privatize the housing in her own name .

The widow writes an application to the appropriate unit of the RF Ministry of Defense and formalizes privatization in the usual manner.

If a social rental agreement for an apartment has not been concluded , after his death it is concluded with his wife.

When registering an apartment as shared ownership, when submitting an application for privatization and obtaining Certificates, all owners must be present .

Legal features of privatization of housing by military personnel

Despite the fact that the procedure for the privatization of residential real estate is clearly regulated by law and is quite simple in practice, the privatization of housing by military personnel remains a rather complex and labor-intensive process.

The main problem with such privatization is the following: persons who are military personnel in the Russian Federation, in the vast majority of cases, receive residential premises from the Ministry of Defense, concluding a social rental agreement with the owner.

As a result, a serviceman living in such a house (apartment) often encounters technical difficulties that hinder the process of housing privatization. Having the entire set of documents, a citizen cannot use his right to carry out free privatization.

This is interesting: Is it possible to build a house on agricultural land?

Most often, military personnel encounter the following obstacles:

  • the house in which the military family lives does not have an official owner or management company. Houses listed on the balance sheet of the Ministry of Defense are not always transferred to the municipal balance sheet in a timely manner, which makes further privatization of apartments very difficult;
  • there are no technical passports for apartments in the building;
  • other reasons.

If it was not possible to carry out privatization in accordance with the general procedure, there is only one way out - going to court.

Temporary housing: the essence of the program

Temporary housing is an apartment where various organizations accommodate their employees, who must be located within the work area. The latest news is that houses, apartments, rooms or any temporary premises are not being privatized. After all, the housing program is not aimed at improving the employee’s housing; it was made to satisfy the interests of the enterprise. But what should a person do who has worked his whole life at an enterprise and does not have his own home? How to subsequently privatize a service apartment?

There is still a chance to transfer the rental property to yourself, but if the status of official living space is removed from it. In this case, it will be transferred to the housing fund. An appeal for such a reshuffle can only be submitted by the organizer who provided housing to the employee.

Of course, it makes no sense for enterprises to give everyone approval for the privatization of housing. They can refuse an employee without explaining anything. But there are still exceptions. To obtain ownership rights, an employee can go to court. Most often, the military wins this case, since they are rightfully allowed to have permanent housing.

Is it possible to privatize an apartment in a military camp?

The law does not prohibit doing this, but there are requirements that exclude such a possibility in accordance with paragraph 6 of Art. 15 Federal Law “On the status of military personnel”, which we will outline below.

It is possible to obtain housing, but with the mandatory procedure of transferring it to the category of municipal property.

Privatization of an apartment by a military personnel should be carried out if:

  1. The length of service of the Defender of the Motherland is more than twenty years (it does not matter whether it is calendar or preferential).
  2. The officer retired due to health reasons, due to ongoing organizational and staffing measures, or upon reaching the maximum age for service. His military service must be at least 10 years in calendar terms.

Let us emphasize: real estate can be privatized free of charge only in open-type military camps, provided that the apartment is transferred to the balance of the municipality. This procedure was introduced by the legislator not for a specific period of time, but indefinitely.

How to solve the housing problem after dismissal due to general education

Option one. After the refusal to privatize, you and your husband remained to live in the residential premises that they refused to participate in the privatization of. Therefore, in accordance with Part 1 of Article 31 of the Housing Code of the Russian Federation, you are members of the family of owners of residential premises.

For example, five years have passed for you, but not for your husband. The apartment, which he refused to participate in the privatization of, has a total area of ​​72 square meters. meters, at the time of privatization there were 4 people living, which means he had a share of 18 square meters. meters.

30 Jun 2020 hiurist 206

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Cost of registration of real estate ownership

Privatization of living space requires certain financial costs, the amount of which varies depending on the square footage of the premises and the number of participants in the process:

  • a certificate stating that free privatization has not been carried out before (200 rubles);
  • production of a registration certificate for real estate (5,000 rubles subject to a general queue, for urgency you will have to pay another 10,000-15,000 rubles);
  • state duty for registration of property rights (2000 rubles).

Important! Some documents that are necessary for privatization of an apartment have a statute of limitations. Thus, an extract from the Unified State Register and a certificate of personal account are valid for 30 days from the date of receipt, and an extract from the house register is valid for two weeks.

Another cost item when registering privatization may be notary services, tariffs for which are set individually in each office. The average duration of obtaining ownership of an apartment will be about two months. This period also includes registration of property rights in Rosreestr.

The procedure for transferring official housing into ownership does not always go smoothly. There are a number of reasons why a serviceman may be denied privatization:

  • The living space does not have an official owner.
  • There are no technical documents for the property.
  • Debt on personal account. Officials do not have the right to officially refuse privatization of housing with utility debts, but, as practice shows, they are trying in every possible way to delay and complicate the process of registering housing. Read about the privatization of an apartment with utility debts here.
  • Housing is located in a building that has dormitory status.
  • The apartment or building in which it is located has emergency status (it is written here about whether it is possible to privatize emergency and dilapidated housing).
  • The apartment is communal.
  • Reluctance of anyone registered in the apartment to privatize it.

Is it possible to privatize housing provided by the Ministry of Defense for a wife? Yes, both relatives and spouses can privatize company housing.

  1. In the first case, the serviceman must make a written refusal in favor of any family member. Other relatives living in the premises that are being privatized should do the same.
  2. Special bodies review documents within sixty days. At the same time, housing is assessed, the rights to it of possible applicants, and related documents are checked.

Attention! In the event of the death of a military man, all benefits pass to his wife, she has the right to privatize housing in her name. But the right applies only if the widow has not remarried.

How to privatize housing through court?

If the refusal to privatize does not have the grounds provided for in Article 4 of the Federal Law “On the privatization of housing stock in the Russian Federation,” it is advisable to file a claim in court.

This is interesting: New law on real estate registration of 2019

Claims of this kind are considered by military courts attached to fleets, garrisons and military districts.

The claim must be drawn up in accordance with Art. 131 and 134 of the Civil Procedure Code of the Russian Federation.

  1. The application must contain a descriptive part with references to the legislation, a statement of the plaintiff’s requirements (to recognize ownership of a certain property in the manner of privatization.
  2. Oblige the authorized body to conclude an agreement and transfer the disputed premises into the ownership of the plaintiff.
  3. Recognize the administration's refusal to privatize as illegal).
  • statement of claim for privatization of an apartment by a military personnel
  • statement of claim for privatization of an apartment by a military personnel

Documents that must be attached to the claim:

  1. originals and copies of identification documents;
  2. consent or refusal of privatization of all registered;
  3. certificate of registration;
  4. technical and cadastral passports;
  5. floor plan;
  6. rental agreement;
  7. copy of personal account;
  8. extract from the Unified State Register;
  9. an extract from the military service record or an extract from the order of his dismissal;
  10. a copy of the Marriage Certificate;
  11. certificates of non-participation in the process earlier for all parties to the agreement;
  12. receipt for state duty.

There are also some reasons why the trial may take longer:

  • if it is difficult to establish under whose control the housing is located;
  • if the serviceman does not have a social employment contract in his hands;
  • if the state duty is paid incorrectly (from 2020 it amounts to 200 rubles).

To summarize, we note the main necessary steps for the successful privatization of an apartment for military personnel:

  1. Removing living space from official status.
  2. Transfer of housing to the balance of the municipality.
  3. Selection of all necessary documents.

The result of the privatization of official living space is the division of property into equal shares between all family members or sole ownership of the apartment while refusing the share of other registered persons. At the same time, children under the age of 18 and registered in service housing are required to receive a share and, after reaching adulthood, become full owners.

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First steps

The family of a serviceman who has decided to register ownership of housing should first of all determine the status of the apartment it occupies in the management of the relevant body of the Ministry of Defense.

The process cannot be carried out if the housing is located in a closed military camp. This type of residential premises is of particular strategic defense importance and cannot be transferred to private ownership.

In addition, according to general rules, the privatization of apartments in buildings that have the status of emergency and subject to demolition .

If the apartment does not have such status, the process should begin by contacting the privatization department of a certain municipality to determine the package of documents. In this case, the applicant must be the military man himself or his authorized representative (read about privatization through a realtor).

Sample application for privatization of an apartment for military personnel.

You can find out whether it is possible to privatize a share in an apartment from our article.

Features of privatization of housing by military personnel

At the moment, Russian legislation has established one procedure for the privatization of those residential premises that military personnel claim the right to own. Those military personnel who decide to privatize such apartments need to register, collect all the necessary documents for privatization and file a claim in court and wait for the court’s decision.

submits the entire collected package of documents and waits for the issuance of documents confirming his ownership. The issue of privatization of housing for a military serviceman’s family can be considered resolved if the act of transferring the privatization contract has taken place, documents proving ownership have been transferred, and information about privatization has been entered into the Unified State Register.

Questions and answers

Often military personnel for whom the privatization of an apartment is relevant are concerned about certain issues.

Is it possible to apply for a spouse?

If the location of the residential premises is an open town, then privatization can be carried out for any member of the military family.

It can be issued to your spouse. This requires everyone in the family to give their consent.

It is prohibited to privatize real estate in closed cities.

If a serviceman dies, his widow receives priority rights to privatization.

Do I need to certify the refusal?

If one of the family members refuses to take part in privatization, his written refusal must be notarized.

Main nuances of military privatization

The first thing you need to prepare for is that the privatization process may drag on for several months. It will take a lot of time to collect the necessary papers and departmental verification. In the event of a lawsuit, the review will take longer.

You should know that the procedure will only take place if the citizen uses the property legally, having drawn up a social tenancy agreement. If the specified document is not available, privatization of military housing will be denied, including when the case is considered in court.

The court does not always satisfy the plaintiff’s demands for the transfer of the desired living space. If it is impossible to determine under the control of which person or department the housing is located, the court cannot award the disputed property to the plaintiff.

There are grounds for refusing to privatize a military apartment:

  1. Information about unregistered redevelopments in the premises.
  2. Death of the plaintiff.
  3. The plaintiff exercised the right to privatization earlier.
  4. Finding living quarters in a dilapidated building.
  5. If the living space is located on the territory of a military camp or in a military dormitory.
  6. The owner of the apartment is the Ministry of Defense, and not the corresponding budget.
  7. The plaintiff does not have a social tenancy agreement.
  8. Forgery of documents or inaccurate information, gross errors.

Important: when going to court, you will need to pay a state fee. If the required amount is not paid, the court will leave the case without consideration. The state fee for the “de-service” of an apartment is 200 rubles.

Important aspects

The implementation of the privatization process by military personnel is slowed down due to the formation of certain types of problems. They are associated with the absence of the owner of the residential building or the management company.

In some cases, privatization is suspended due to improper execution of a technical passport for residential space.

In accordance with the instructions of Article 8 of Federal Law No. 1541-1, the authority that accepted the privatization application must make a decision on it within 2 months.

The period is counted from the date of registration of the application in the book of incoming information, which is opened in any body, regardless of its field of activity.

The special status of a military personnel also extends to his family members, who must be provided with social protection.

They can take advantage of the social benefits provided to them by the state. If the widow of a deceased serviceman remarries, she will lose the right to privatize living space.

What is the difference between social and service hiring?

The basis for free registration of housing ownership is the presence of permanent registration and the fact that citizens live in it under a social tenancy agreement. It is concluded with the local government body (municipality), which is the owner of the house. The social rental agreement assumes an unlimited validity period and no specific purpose for housing.

The situation with official living space is different, since the owner is the military department, and upon moving in, a service rental agreement is drawn up. It states that living space is provided to a person only for the period of performance of official duties.

The social rental agreement has an unlimited validity period, and official housing is provided only for the duration of the service.

The procedure for the privatization of apartments by the military

All Russians have the right to privatize the housing provided to them by law.
However, when the issue concerns the privatization of apartments issued to military personnel, the use of state-guaranteed rights becomes quite problematic. Many military personnel, when registering ownership of residential premises, encounter great difficulties. The main factor hindering the procedure for privatization of military housing after the opening of a closed military camp is the departmental affiliation of the facility with the Ministry of Defense of the Russian Federation or another federal executive body in which military service is provided for by federal law.

At first glance, the privatization of military service housing in a former military camp is a standard procedure, the procedure for which is identical for apartments provided under a social rental agreement. However, to carry out the entire process, it is necessary to take into account certain conditions established for military personnel performing military service under a contract, without which it will not be possible to complete privatization.

Let's consider what requirements service housing must meet in order for a serviceman to be able to privatize his legal “square meters”. It will also be of interest to find out what the rules are for registering ownership of military residential space.

It is necessary to understand in advance all the intricacies of the procedure for privatizing housing for military personnel in order to avoid many unnecessary obstacles in the future.

What does the law say?

The Federal Law “On the Status of Military Personnel” states that military personnel have the right both to register ownership of an apartment and to use it free of charge under a social tenancy agreement. In this case, the responsibility for providing meters lies with the Ministry of Defense of the Russian Federation.

In the regions, this activity may be under the supervision of regional departments of the same department.

At the same time, military personnel can formalize privatization based on the general law “On the privatization of the housing stock of the Russian Federation” No. 1541-1.

They are also subject to Government Decree No. 512, which regulates the procedure for obtaining housing on a free basis.

So, for example, to privatize an apartment, a military citizen will need to serve at least 20 years in order to exercise his right to transfer the apartment into private ownership.

Recommendations for military privatization of an apartment - where to start and how to proceed?

In order to privatize housing, a serviceman will have to face a number of nuances, even despite the fact that since 1991, the procedure for registering the privatization of an apartment has been clearly regulated by Russian legislation.

This is interesting: Until what age can you go to camp - at what age?

The main “snag” in this issue may be the fact that in 90% of cases, employees of the Russian army receive housing under a social tenancy agreement from the Ministry of Defense of the Russian Federation. The article describes recommendations for the privatization of real estate for military personnel.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Conditions for transfer of ownership

The privatization of official housing, except for the clear prohibition set out in Law No. 1541-1, is not regulated in any way. But in recent years, cases of litigation over the right to privatize such objects have become more frequent, so by 2020, some practice had developed, which is explained by the decisions of the Supreme Court and clarifications from it. When deciding on the possibility of residents of departmental premises obtaining property rights, one should be guided by the articles of the Housing Code of the Russian Federation and take into account the constitutional rights of citizens. These regulatory documents allow you to coordinate controversial relationships and make the right decisions in difficult situations.

Privatization of departmental housing can be carried out by those persons who live there under a lease agreement concluded with the tenant and have not lost the right to use it. You can become the owner of office premises in two cases:

  1. The tenant who legally owns the allocated square meters agrees to the procedure.
  2. For a number of reasons, the living space lost its official status.

The variability of situations in each individual case allows us to expand the range of opportunities for those wishing to privatize departmental housing.

Owner's consent

Municipal housing can be privatized on a general basis; the administration can deny this right only based on the prohibitions set out in Law No. 1541-1. Departmental premises are privatized according to a different principle – licensing.

An employee of the Ministry of Defense or any other organization living in official housing has the right to submit an application for privatization, but only the employer himself decides whether to approve it or not. The absence of federal regulations in this area allows owners to set their own rules. Some enterprises regulate these procedures with internal local acts, which may contain information about who, when and under what conditions can obtain ownership rights to departmental square meters.

In some cases, you can do without the owner’s consent. Thus, military personnel receive the right to free square meters, which can be privatized in the following cases:

  1. The serviceman was transferred to the reserve due to length of service.
  2. The dismissal was made earlier due to health reasons.
  3. Family members of a soldier who died in the line of duty.
  4. The premature transfer to the reserve took place due to organizational and staffing measures.

Long-term cooperation with the employer is a good reason to obtain ownership rights, but does not guarantee it.

Removing service status

In 2006, a decision was made that obligated all owners of official living space to register it in the appropriate status.

Employers had to submit an application to Rosreestr, supported by documents, with a request to assign the facility departmental status. Not everyone has taken advantage of this right, and today there are many residential premises that, although they were issued by tenants, are currently not listed as either departmental housing or municipal housing. Often such confusion was caused by enterprise reorganizations, bankruptcy and liquidation.

The absence of any official status gives the right to residents living in such living space to carry out privatization. This is legally regulated by Article 7 of the Housing Code of the Russian Federation, which clearly states that relations that do not fall under any regulatory document are regulated by housing standards that are suitable in this situation. Citizens file a lawsuit to recognize their right to the privatization procedure in relation to the disputed object.

Tenants have the right to independently transfer residential properties to the municipal fund. As soon as the transition has been documented, Law No. 1541-1 comes into force in relation to housing and it becomes possible to privatize it on a general basis.

How to privatize an apartment if not everyone registered agrees

  1. An agreement is concluded on the allocation of specific shares in the apartment.
  2. The signing of the agreement takes place subject to the written consent of each assigned tenant.
  3. The agreement must be notarized.
  4. Based on the agreement concluded between the apartment residents, a request is submitted to the BTI to create a new technical passport.
  5. The technical documentation indicates the boundaries of the allocated shares.
  1. A person simply does not want to waste his time visiting various government agencies, consulting with lawyers, or waiting in long lines for the next certificate. After all, just the stage of collecting and preparing the documents necessary for privatization of housing can drag on for several weeks. And for many people, such a waste of time is simply unacceptable or virtually impossible. If the reason for the refusal is precisely the reluctance to waste time, it is worth explaining to the person that it is possible to privatize the home through the MFC, whose employees will take on most of the work of preparing documents. Or offer to issue a notarized power of attorney for someone who is not against participating in privatization and taking care of all the “paperwork.” This will only take a few hours of time and only one visit to the notary’s office.
  2. The reason for refusing to participate in the process may be a reluctance to lose one’s right to privatization, which, according to Russian legislation, is given to every citizen once in a lifetime. A person can simply refuse to privatize some share in an apartment if he has the opportunity to obtain ownership of a separate living space.
  3. Privatization of an apartment is not only the acquisition of ownership rights to real estate, but also the emergence of additional encumbrances. Newly-made owners are required to maintain housing at their own expense, invest in repairs, and pay property taxes. Living in a municipal apartment only involves the cost of paying for utilities, so many citizens prefer not to take ownership so as not to burden themselves with additional financial expenses.
  4. Often people refuse privatization because they do not want the apartment to be privatized by only one of those registered in it. They fear that after this person privatizes municipal housing, they will have to vacate the premises. They do not know that even if they give their consent to register the apartment as the personal property of one of the residents, despite the fact that he has acquired the right to dispose of the property, he still cannot evict the persons registered in it from the apartment. It is worth explaining to the person that he does not lose his right to indefinite use of housing, as well as other positive aspects of privatization.
  5. If a person simply follows the principle and for some subjective reasons does not want to meet halfway, which happens quite often, you need to find “levers” through which to try to “put pressure” on him. These may be purely personal interests (for example, you may not be allowed to register third parties in a given living space), which need to be determined in each specific case on an individual basis, because who, if not your closest relatives, knows how to more effectively influence your intractable relative .

Interesting: I didn’t receive the Chernobyl benefits for the year, will they refund me the amount for the year?

Examples of court decisions on the privatization of official housing


Sources
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