Transfer of housing into municipal ownership with a mortgage

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The process of deprivatization of residential premises involves the transfer of housing from the private property of its owner to municipal property.

After such a deprivatization procedure, the former owner of the apartment, according to the law, loses the right to re-privatize the relevant housing, and also loses the right to conduct any transactions with the deprivatized real estate in addition to legal transactions relating to the exchange of housing.

The federal law, which allows Russian citizens to privatize residential real estate free of charge, has been in force in the country for more than twenty years. During this period, many apartment owners managed to take advantage of the granted right and register their housing as private property.

However, over time, some homeowners decided to exercise the right to reverse deprivatization of the apartment, after which the status of the owner changes to the status of a tenant, formalized by a social rental agreement.

What is deprivatization

The concept implies the process of transferring ownership of an apartment from a private owner to government agencies (usually municipalities). A citizen migrates from the category of owner of a house or apartment to a tenant of the premises.

There are 2 forms of real estate alienation procedure:

As a result of a court decision.
By voluntary agreement of the parties.

There is no concept of deprivatization as such in the legislation, however, the algorithm for alienation by property owners is spelled out in detail in several legal acts.

Transferring an apartment to shared ownership mode

The apartment was privatized for 4 people into joint ownership. Currently, one of the co-owners wants to donate his share to another co-owner. What is the best way to arrange these transactions? Is it necessary to transfer the apartment to shared ownership mode, register it, then donate it and register it again, or can all this be done with one agreement and one registration? Are there forms of these agreements in the Lawyer System?

This rule, among other things, provides that in order to register the transfer of the right to residential premises on the basis of a contract for the purchase and sale of residential premises that meet the conditions for classification as economic class housing, in addition to the usual documents, it is necessary to submit an extract from the list of citizens who have the right to purchase economic housing class, built on land plots of the Federal Fund for the Promotion of Housing Construction.

Improving living conditions

This point is somewhat controversial. If a building is declared unsafe, the state guarantees the tenant the provision of new housing based on social standards (18 “squares” per person).

If the employer lives in a 9-meter room, then the benefit from the situation is obvious. But when living in a 5-room mansion, you will have to move out to the standard living space.

Under the same conditions, municipal authorities are obliged to provide equivalent housing to the property owner.

Transferring an apartment into ownership from social rent

As mentioned earlier, the list of documents may differ significantly depending on various circumstances and nuances. However, in your case, I completely do not understand the motivation of the competent authorities, whose employees also demand from you the documents of your ex-spouse. Firstly, you have been divorced for a long time and he does not live in this apartment. Secondly, he was never registered there, so his property rights and interests cannot be violated in the process of the upcoming privatization.

If the process of privatization of an apartment is slowed down precisely because of the requirement to present documents from your ex-spouse, then you will have no other choice but to contact the police. The words of the district police officer that his registration allegedly does not exist anywhere are not proof of the fact of his unknown presence.

Transfer of housing to the municipal fund - legal instructions

If previously such a legal move required a court decision, now, for example, a refusal of private ownership of real estate in a pre-trial manner. This opportunity was provided to citizens after May 20, 2002, when Article 9.1, discussed above, was added to the privatization Federal Law.

The initiator of the real estate transfer process is only the owner of the property. The procedure is as follows:

Decision making and technical preparation of the apartment for delivery.
The owner's appeal to executive authorities or local government (departments or departments for housing and migration policy, etc.).
Writing an application in the prescribed form.
Collection of documents.
Transfer of real estate to the municipal housing fund.
State registration of an agreement between the municipality and the owner (already former) on the transfer of an apartment.
Drawing up a social rental agreement for premises with residents registered in the apartment (only with those who do not own any other housing).

Before handing over an apartment to the state, it must undergo minimal cosmetic repairs (if its condition is unsatisfactory). If there is a minor redevelopment of the apartment, everything needs to be arranged properly. It is likely that if there is an unauthorized reconstruction of the premises, you will have to pay a fine.

In case of voluntary abandonment of real estate, one must “measure seven times, and then only cut off”: repeated free privatization is not available. Once a citizen exercised this right (Article 11 of the privatization law), and now even the apartment in which he continues to live will have to be purchased from the state.

But members of the owner’s family who are under 18 years of age at the time of participation in deprivatization will be able to exercise the right to receive an apartment for private ownership free of charge from the state.

Transfer the apartment into ownership

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Documentation

The list of documents provided to the municipality includes:

Title document for real estate.
Legal confirmation of the absence of encumbrances and restrictions on transactions with the apartment.
Certificate of citizens registered in the apartment from the passport office.
Passports (birth certificates for minors) of registered residents.
House book (or extracts, certified copies of sheets).
Technical passport of housing.
Receipts of paid application registration fees.

How to transfer an apartment from shared ownership to sole ownership

Possible additional, but not mandatory, expenses that may also arise in real estate transactions (renting safe deposit boxes, various powers of attorney, applications, payment for housing and communal services, etc.) are difficult to take into account here, since their need may be caused by the peculiarities of each specific transaction.

If the co-owners of apartment shares have owned them for more than five years (for shares received by inheritance, privatization or as a result of a gift between close relatives - more than three years), then the sellers of the shares are not subject to tax on income from their sale. If sellers of apartment shares own them for less than the specified period, then they will have to pay an income tax in the amount of 13% of the profit received from the transaction, and an amount of at least 70% of the cadastral value of the apartment shares will be taken into account as the tax base.

Deprivatization through the courts

The transfer of real estate from private ownership to the municipality by court decision is carried out in cases where the privatization process itself was carried out in violation of the law:

Violations of the rights of minor tenants and persons with limited legal capacity.
Violations of the rights of other persons interested in accordance with the law.
Use of fraudulent schemes.
Application of pressure to participants in the privatization process.
Unreasonable refusal of the executive branch to deprivatize.

Privatization can be challenged in court by:

Citizens registered in the apartment at the time of ownership.
A certain circle of interested parties.
Guardians, representatives of minors and disabled people, guarantors.
Supervisory authorities (prosecutor's office, guardianship).
Government bodies (municipalities, other authorities).

It is possible to challenge the privatization result in court (filing a lawsuit) within 3 years after the apartment becomes private property. In exceptional cases, the law gives the right to exceed the stipulated time limits.

Transferring an apartment into ownership

1. The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the donor.
In case of intentional deprivation of life of the donor by the donee, the right to demand in court the cancellation of the donation belongs to the heirs of the donor. 2. The donor has the right to demand in court the cancellation of the donation if the recipient’s handling of the donated item, which represents great non-property value for the donor, creates a threat of its irretrievable loss. 3. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as insolvent (bankrupt). 4. The gift agreement may stipulate the right of the donor to cancel the gift if he survives the donee. 5. In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation. You are wrong, the packages of documents are absolutely the same, both for donation and for sale and purchase. Agreements in simple written form are submitted to the registration chamber for Malyshev in 3 copies, plus title documents for the apartment, technical information from the BTI with a copy of the apartment plan, plus a certificate f.40 on the number of registered persons. in some cases, the consent of the spouse is required, if the alienated apartment was acquired during the marriage. And there is no need to go to a notary, you will simply give him money, because the gift agreement is not subject to notarization, but is concluded in simple written form. It is better, of course, to contact a lawyer so that he can draw up the agreement you need based on your information. By the way, a donation can be canceled under certain conditions, but this rarely happens. Article 578 of the Civil Code of the Russian Federation. Cancellation of donation

Legislation

The procedure for transferring an apartment from private ownership to the social rental category is regulated by the following laws:

Housing Code of the Russian Federation (Article 20).

In accordance with Article 9.1 of the Privatization Law, private homeowners are allowed to transfer real estate to the state. The alienated “square meters” must be free from legal encumbrances and be the only place of permanent residence for the citizen.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Local governments are required to place an apartment that meets all the requirements on their own balance sheet. Then a social tenancy agreement for a state-owned apartment is concluded with the citizen.

Government officials accepting housing are guided by the provisions of Federal legislation, as well as the legal framework of the federal subjects and municipalities.

Regulatory acts at the subject level should not contradict current federal legislation. If the property owner discovers attempts to abuse powers on the part of local officials, illegal decisions can be challenged in claims and in court.

How to transfer a service apartment into ownership

In this case, the cost of the necessary repairs and the costs of the management of the houses to correct the damage caused are subject to a) in cases where the “User” or members of his family systematically destroy or damage the living space or make it impossible for others to live with them in the same apartment or in the same house, and measures of prevention and public influence were ineffective; c) on other grounds established by current legislation.

And due to the fact that in the Russian Federation there is virtually no housing stock where the authorities could move citizens from departmental apartments, then, in essence, it is possible to live in the premises almost permanently.

What requirements must housing meet?

Deprivatization is a procedure for returning residential premises previously received through privatization to the ownership of the city of Moscow. In this case, the transferred residential premises must meet the following requirements:

be the only place of permanent residence for the applicant(s);
belong to him by right of ownership and be free from any obligations, restrictions (encumbrances);
after its privatization, other people were not moved into the residential premises in the prescribed manner;
no redevelopment was carried out in the residential premises after its privatization;
all owners of privatized residential premises agree to its transfer to the ownership of the city;
none of the owners of the residential premises left (including due to death);
information about privatized residential premises has been registered in the Unified State Register of Real Estate;
absence of cases in court regarding contestation of rights to privatized residential premises;
absence of arrears in payment for residential premises, utilities and other services in relation to privatized residential premises;
no changes in the composition of the owners of the privatized residential premises, including no changes in the shares in the ownership of the specified residential premises.

Only those owners who initially privatized the apartment for themselves can return housing to state or municipal ownership.

Transfer of a service apartment into ownership

Such a framework was established due to the fact that the purpose of service apartments is not to solve the housing problems of citizens, but to the interests of employers. State employees For many public sector workers, privatization is perhaps the only way to acquire housing. But in order to carry out this procedure with a service apartment, the house where it is located must be transferred to municipal ownership.

In this regard, the new lessor is subject to the terms of the old contract. There is another opportunity for the privatization of official housing, which is described in the decision of the judicial panel on civil issues of the Supreme Court of Russia dated March 26, 2013 No. 5-KG13-14.

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If we talk about the military

Military personnel also have the right to privatize real estate. However, their cases are unique, and the most commonly reported difficulties when participating in the housing transfer process are:

obviously there is no technical passport;
the person is not the owner;
there is no management company.

This is not a complete list of problems, but the main problems faced by military personnel. Thus, the privatization process for them can drag on for many years—five or more. This is especially common in military camps, where in theory it is convenient to privatize property, but such a question still does not have clear answers.

More about debt

As a rule, debt is the reason for refusal, but here some features should be distinguished.

Debt for housing and communal services is not grounds for refusal. Rent arrears are grounds for refusal.

To check all debts, you must contact the Housing Office staff. They issue certificates of all debts and non-payments. If a citizen is refused to issue a certificate, which is quite common, then this case must be appealed through the court.