And a number of citizens mistakenly consider municipal housing to be “theirs”, believing that they can dispose of it at your own discretion.
The decision on the need to purchase such property must be made by all residents registered in the apartment.
The opportunity to privatize housing is provided to a citizen only once , so it is worth weighing all the pros and cons in advance. Let's look at the main points of this procedure.
What is the privatization of municipal (state) housing?
Privatization of an apartment with an initially drawn up social tenancy agreement signed between a municipal body (or state) and a citizen is a transfer of ownership and the acquisition of additional rights and obligations regarding this housing by a citizen (the possibility of selling, donating, renting, leasing, etc. .).
Until a certain period established by the state, the procedure is free , but quite troublesome and time-consuming.
Currently, the deadline for privatization, which can be carried out free of charge , is March 1, 2015. The process began in 1992 and was extended several times by decree of the country's president.
An apartment (municipal housing) can be transferred by the state either into common ownership or into the ownership of one person living together with those registered in it!
Required documents
The package of documents is impressive. In addition, there are a number of nuances that you need to know about at the stage of collecting and preparing all the necessary documentation.
Main package of documents:
- social rental agreement;
- documents on the basis of which the residential lease agreement was signed: a warrant or an extract from the order;
- explication and floor plan - passport of the residential premises. Documents are requested from the BTI (technical inventory bureau);
- original passports and photocopies of completed pages of all people registered in the square;
- in the case of children under 14 years of age - birth certificate and copy;
- extract from the house register;
- a copy of the financial and personal account;
- in the event that there is a discrepancy in the surname in the documents of a person, it is necessary to attach a supporting document. Most often - a marriage registration certificate;
- application for privatization + written consent of all registered residents;
- in the event that someone refuses to include him in privatization, or transfers his right (share) to another person registered in the apartment, a notarized application is required.
Note! If the process involves citizens who, after June 1991, were not permanently registered in the privatized area, it is necessary to attach an extract from the house register at all previous addresses to the package of basic documents.
This will confirm his right to privatization .
If a citizen has already participated in the privatization process of other municipal housing, he does not have the right to privatize this one. But in any case, it is necessary to obtain consent for the privatization of this housing.
In the case of fully or partially incompetent citizens or children under guardianship, it is necessary to provide a court decision recognizing the people as such.
In this case, there must be a power of attorney or administrative document confirming the possibility of carrying out the procedure for acquiring property rights.
who served a sentence after June 1991 participates in privatization
- certificate of release;
- a copy of the court verdict;
- a document confirming the fact of serving the sentence;
- court decision regarding existing housing rights or lack thereof.
Is it possible to privatize a municipal apartment without a social tenancy agreement?
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— News — Is it possible to privatize a municipal apartment without a social tenancy agreement?
Only this document today regulates the legal relationship between the main owner of housing (the state) and his employer (registered citizens).
This is why privatization without a social tenancy agreement is impossible today: in order to exercise your right to privatization, you must first conclude a social tenancy agreement.
Living in apartments provided to citizens under social tenancy agreements is, in essence, renting living space from the state.
The authorities provide apartments for indefinite use, but tenants do not have any property rights in relation to it.
Important To become the full owner of such housing, you must go through the privatization procedure.
Is privatization possible without a social tenancy agreement?
However, many citizens consciously refuse to register property rights, not seeing the need for this procedure. Social apartment Living in a municipal or state apartment is preferable for citizens because:
- does not involve payment of property tax;
- the rent for such housing is less than for private housing;
- no need to pay for major repairs;
- Social housing cannot be the subject of repayment of loan debts; it cannot be seized.
Property The following features of an apartment with registered ownership can be distinguished:
- a privatized apartment can be alienated.
Is it possible to privatize housing under a social tenancy agreement?
Important: Is it needed during privatization in this case? And if the social tenancy agreement was not drawn up, then what should I do, since in fact I bought a new apartment and do not need housing (although I do not yet live in the purchased apartment)? We really need your help. With great respect, Evgenia. Thank you in advance. social employment agreement Victoria Dymova Support employee Pravoved.ru Try looking here:
- Is it necessary to conclude a social rental agreement if the apartment is privatized?
- Is it necessary to re-sign a social tenancy agreement after the death of the main tenant?
You can get an answer faster if you call the free hotline for Moscow and the Moscow region. Available lawyers on the line: 6 Lawyers' answers (2)
- All legal services in Moscow Privatization Moscow from 10,000 rubles.
Return of defective goods Moscow from 5000 rubles.
Living in apartments provided to citizens under social tenancy agreements is, in essence, renting living space from the state.
The authorities provide apartments for indefinite use, but tenants do not have any property rights in relation to it.
To become the full owner of such housing, you must go through the privatization procedure. How is housing privatized under a social tenancy agreement carried out? ...
- The essence of the document
- Legislative norms
- How is the procedure performed?
- Timing and cost
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Privatization of housing under a social tenancy agreement
Attention
Good afternoon! Please help me understand the situation. In October 2020, we submitted documents for privatization and in December 2016 were refused due to the lack of a warrant / social contract. hiring Unfortunately, there is no warrant, the apartment was given to the grandmother in ancient times more than 45 years ago, all these years everyone lived, paid for housing and communal services and did not bother.
When contacting the archive, a certificate was issued indicating the absence of stubs. An official refusal to conclude a social contract was also received. hiring Please tell me the steps for privatization: 1. File a claim in court for the obligation to conclude a social rental agreement, and only then submit documents for privatization again? 2. Should I file a claim in court directly against privatization? In the first case, we are clearly not in time for privatization before March 1, but in the 2nd, we can probably make it in time.
Is privatization possible without a social tenancy agreement?
Until what year? The opportunity to obtain ownership of housing for free in Russia appeared back in 1992. Apartments and other residential premises owned by the state were allowed to be privatized.
It was planned that the housing privatization campaign would be completed by January 1, 2007, but in practice the deadline was extended for three more periods, most recently until March 1, 2020.
How to privatize a municipal or state apartment
Having a document certifying ownership, you can legally sell the apartment or issue a deed of gift for it;
- housing with a formalized right of ownership can be passed on by inheritance or bequeathed to someone, rented out, concluded a rental agreement, or registered as collateral for a loan.
Privatization of housing under a social tenancy agreement The Privatization Law determines that housing registered under a social tenancy agreement can be transferred into private ownership according to the same standards as residential premises owned by the state. Therefore, there are no restrictions on the privatization of such premises by law.
The application is drawn up on a special form, which is issued by an employee of the relevant organization. The second step will be collecting and preparing a package of documents.
You need to start by contacting the BTI to draw up a floor plan and a cadastral passport for the apartment. The preparation of these documents can take up to 6 weeks, so it is worth taking care of its preparation in advance.
Is it possible to privatize housing under a social tenancy agreement? To do this, you should take your civil passport, a warrant to move into the apartment and submit a written application to the district Housing Fund.
Having considered the application, he, within 14 working days, enters into an official contract with the tenant, which is handed over to him.
Only after this does the citizen have the right to submit documents for privatization, for which purpose a corresponding application is written to the local government body. KokhanovNikolay Igorevich Specialist in complex housing disputes
- Recognition as having lost the right to use
- Eviction from residential premises
- Moving into residential premises
- Challenging transactions and contracts
- Challenging privatization
- Contesting a will
- Disputes with housing premises
Since 2004, when the new Housing Code of the Russian Federation was adopted, all citizens who had a warrant to move in and did not have time to privatize apartments at that time are required to enter into a social rental agreement.
Only this document today regulates the legal relationship between the main owner of housing (the state) and his employer (registered citizens).
Nuances of the procedure
“One-stop-shop” services are actively developing in the country , to which it has become possible to contact almost any issue related, including housing. In Moscow there is an “Office of the Department of Housing Policy and Housing Fund”; each district has its own.
All participants in the procedure should contact the competent authority in person with a package of documents! Or provide a notarized power of attorney if a representative applies.
After checking the availability of all necessary documents, the agreement is signed by the participants who submitted the application for privatization. In some regions, a request for the procedure can be submitted electronically.
Then the right to transfer ownership must be registered with Rosreestr.
The applicant can apply there, but a representative of the authorized body who is a party to the privatization agreement must be present when submitting documents.
A representative of an authorized body can also submit documents, but the applicant (the other party) must have a power of attorney certified by a notary .
Adult citizens who live in an apartment with a person who has decided to privatize it have the right to waive their right to privatization. But minors are required to participate in the acquisition of property rights.
Documents required to register the transfer of ownership in the “Office of the Federal Service for State Registration, Cadastre and Cartography”:
- Application for state registration from all parties to the agreement or their legal representatives.
- Privatization agreement.
- Applicant's passport. If a representative applies, a notarized power of attorney is required!
- In case of existing refusals from privatization - copies of applications.
- Certified copies of the social tenancy agreement.
- Certificates confirming the right to privatization by specific citizens.
- Certificates of registration at the previous place of residence. In case of arrival after June 1991 to the privatized area.
- Permission from guardianship authorities (if there are incapacitated people or minors in certain situations).
- Receipt for payment of state duty.
An application for state registration of termination of the right to use other premises under a social tenancy agreement may be required In each specific case, the set of documents can be supplemented . This information must be clarified in Rosreestr at the place of residence and privatization of the property.
Is it possible to privatize service housing? How to privatize a departmental apartment through the court
Moreover, the contract can be terminated even if the dismissal occurred before the end of the contract with the company. After an employee terminates his employment relationship with the company, he must vacate the residential premises without being provided with other living space.
We recommend reading: Garage Lease Agreement between Individuals Sample
Is it possible to privatize a departmental apartment? The decision to privatize a departmental apartment belongs to the enterprise owner. To receive it, the employer must write an application for privatization. The document is reviewed by the enterprise administration within two months.
Process duration
The period for signing a privatization agreement ranges from 30 to 60 days , depending on the subject of the Federation.
The period for registering the transfer of ownership in the branches of Rosreestr averages from 15 to 20 days .
The possibility of free privatization is currently limited to March 1, 2020. This procedure requires the consent or refusal of privatization of all people registered in the apartment.
In most cases, citizens are required to confirm their right to privatization, since this procedure is provided only once in a lifetime .
On average, the entire privatization process takes about 2 months .
