Agreement on the transfer of residential premises into the ownership of citizens, privatization

For a very long time, the institution of private property did not exist in our country. The possibility of purchasing housing appeared in domestic legislation relatively recently.

It is advisable to focus on one of the ways to acquire housing - transferring it from municipal property to the personal property of citizens, or privatization, which is still possible until March 1, 2017.

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What is this?

The agreement confirms the free transfer of housing in houses with state and municipal ownership into the personal property of individuals and it looks, accordingly, the same as any similar document.
The right to free privatization can be used by individuals registered in the apartment, as well as those who are absent but have not lost the right to space in the residential premises.

The following are considered as objects of privatization:

• separate housing;
• rooms in communal apartments.

It should be emphasized that concluding an agreement of this kind is a right, but not an obligation, of citizens.

What does a privatization agreement look like?

Privatization of housing not only guarantees the right to deal with its space at your own discretion, but also guarantees the right to an equivalent replacement, exchange or compensation for damage in the event of force majeure, such as: a house for demolition, an earthquake or hurricane, etc.

1. preparation of a package of documentation;
2. filling out an application for the provision of this public service;
3. submitting a request along with prepared papers to the MFC branch (it is also possible to use the government services web portal - https://www.gosuslugi.ru/pgu/service/5340200010000231103_.html#!_description) or the municipality;
4. registration and signing of an agreement for the transfer of ownership of an apartment to citizens at the MFC or at the housing department of the municipality;
5. re-registration of ownership of housing and preparation of the corresponding certificate.

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Documents to be drawn up

Execution of the contract requires the provision of a package of documents:

• a written statement typed or filled out by hand in blue or black ink;
• copies of passports of all persons wishing to participate in free privatization;
• copies of birth certificates of minors participating in privatization;
• a copy of the order for moving into the residential premises or the agreement on the use of the apartment as a social rental;
• cadastral passport (since 2013 it is not included in the list of mandatory documents and is provided at the request of the applicant);
• permission for the procedure from the guardianship authorities, if the dwelling is inhabited exclusively by persons under eighteen years of age;
• certificates from previous and current places of residence stating that the right of privatization by interested parties has not previously been exercised;
• consent of all family members to privatization, expressed in writing in any form, or a written refusal to participate in it.

At the time of signing the contract, you should have with you the original documents , copies of which are included in the above list.

Invalid

If any of the mandatory conditions are violated, the contract is declared invalid with all the ensuing consequences. This is carried out in court within a year after the conclusion of the contract. The court recognizes it as invalid if one or more conditions are met:

• if any of the participants were misled;
• he was imprisoned under pressure;
• any of the participants was incapacitated at the time of conclusion of the agreement;
• any of the permanently registered persons did not take part in privatization;
• the rights of minors were violated.

A statement of claim may be filed by owners, persons registered at this address on a permanent basis, representatives of government bodies, guardians, guardianship authorities and prosecutors. Therefore, it is very important to comply with all conditions. Then possible troubles will be avoided and the right to alienate real estate will appear, if necessary.

Decor

Legally, the beginning of the contract execution procedure is marked by filing an application in the prescribed form.

The document preparation procedure is completed within two months. Refusal to provide a service is possible in three cases:

• There are not enough documents in the package;
• the person has already used the right to privatize housing;
• residential premises do not belong to the property of the Russian Federation.

The public service is provided to applicants free of charge by executive authorities. In Moscow, it is implemented through the Housing Privatization Directorate of the Municipal Housing Department. In St. Petersburg, the decision is made by the St. Petersburg State Budgetary Institution Gorzhilobmen (St. Petersburg State Budgetary Institution "Gorzhilobmen") and the Housing Committee.

An alternative method of submitting an application electronically through the government services portal has also now . Before filling out the application, the package of documents must be scanned or re-shot with a digital camera and digital copies of the papers listed above must be attached to the application for privatization of residential premises sent via the Internet.

After sending data through the portal, you need to monitor the email entered by the applicant when filling out the application. The authority responsible for the provision of the service will send notifications about the progress of the application and may invite the individual to appear in person at the organization providing the service.

Having prepared the contract, the executor sends the applicant a written invitation to appear at the appointed time to sign this document.

On the specified date, all interested parties come to the MFC, get acquainted with the document, check if there are any errors there . Then everyone signs the apartment privatization agreement, after which it is stitched, sealed with a hologram and handed over to the applicants.

This document is the basis of a set of papers with which you should visit Rosreestr in order to register ownership of housing and be able to carry out various types of transactions with real estate (sale, exchange, donation, etc.).

How to recover?

To restore a lost contract, you should contact the authority where the privatization was formalized. They will issue a duplicate of the document.

If a citizen at one time received a certificate of ownership based on a privatization agreement, then there is no need to apply to Rosreestr again.

When selling a residential property acquired in this manner, the buyers or their agent will want to know exactly how the property was acquired and will want to review this document.

It is possible that it will be possible to use the right of free privatization until 2020, but while the corresponding changes to the legislation are only expected, it is worth hurrying in order to have time to transfer the apartment from state ownership to private ownership.

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The essence of the document

agreement is a document on the basis of which municipal living space is transferred into the ownership of the tenant.

It is a bilateral document concluded between the landlord (local government bodies) and the tenant (citizen living in an apartment under a social tenancy agreement).

After the process is completed, a copy of the agreement must be in the hands of the owner as confirmation of his rights to the property. You can see a photo of what the document looks like, as well as the apartment privatization agreement, in the next paragraph.

Apartment privatization agreement

1. of minors were violated . If such a person was not included in the privatization, or was excluded from such a transaction without the permission of the guardianship authorities, it can be challenged in court. It is also a violation for a person to sign an agreement under the age of 14 or a person between 14 and 18 years of age without the consent of his parents.
2. The agreement was signed by an incapacitated citizen . It is important to know that a citizen can be declared incompetent only by a court decision. Accordingly, this decision must be presented as evidence.
3. used once .
4. If such a transaction was completed in the absence of persons not temporarily residing in the privatized apartment, and they were not included in participation in this type of procedure. These include citizens serving in the army and persons serving a prison sentence.
5. If privatization was carried out under pressure from third parties (for example, a threat to life or health, etc.).
6. To complete the transaction, documents were presented containing information that did not correspond to reality and other factors.

Registration procedure

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.

Legal nuances

This document does not need to be certified by a notary, but it must be registered with the relevant government authorities. Currently, registration can be completed through the single window service at the MFC.

The agreement is of an unlimited duration and is necessary for the further receipt of title documents from state registration authorities. After registration, it is submitted to Rosreestr, and on its basis, each participant in the process is issued a Certificate of ownership of the apartment or its share.

What is and why is a residential privatization agreement needed?

Although this document is concluded with the state, the citizen must know all the rules for its execution. Every capable person is solely responsible for his actions and decisions; no one exempts him from responsibility for wrongful actions due to ignorance of the law. In addition, mistakes cannot be ruled out in the work of government bodies.

The contract itself must indicate what type of living space it belongs to. So, for example, if we are talking about a private house, then you should indicate its location and the characteristics of the site on which it is located. You should also additionally indicate the presence of land surveying.

Termination

The concluded Agreement can be terminated if the owners decide that it is more profitable for them to live in municipal housing or the transfer of ownership was carried out with violations. This occurs during the process of reverse privatization and is called deprivatization (deprivatization).

If a citizen who has registered ownership of municipal housing decides to return it to the state, he terminates the transaction. In this case, the document is considered invalid and the person loses all rights.

To do this, you must submit an application to your local government and obtain permission to terminate.

An application for termination can be submitted to the MFC. If the authorities refuse, the procedure is carried out by filing a lawsuit in court.

At the same time, termination is impossible if the following conditions are met:

1. One of the owners is against termination.
2. The living space is encumbered in the form of collateral from a credit institution.
3. A minor citizen participated in the privatization .
4. The owner owns another residential premises.
5. New tenants are registered in the apartment after the conclusion of the contract.

In addition, the person who participated in the termination loses his rights. It will not be possible of even another residential premises again .

Transfer of ownership of apartments to citizens

Advice from lawyers:

1. I lost the contract for the transfer of the apartment into the ownership of citizens! How to recover!

1.1. Contact the Privatization Agency (Administration) to issue a duplicate.

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2. How to restore a lost contract for the transfer of apartments into the ownership of citizens.

2.1. Dmitriy! You have the right to contact the authority that issued the document with an application to issue a duly certified copy (duplicate).

Did the answer help you?YesNo

3. Question: A citizen bought an apartment using a remote control while he was married. The house was being rented out, he did not have time to sign the Acceptance Certificate from the developer, and he died. After half a year, having completed all the documents, the wife received a Certificate of Inheritance under the Law. As I understand it, having provided all the documents, she must sign the Transfer Acceptance Certificate and then register the apartment with the BTI. Only then register ownership of the property. Help me to understand. Thank you.

3.1. Hello! Usually, before signing the acceptance certificate for the transfer of the apartment, the developer registers the property with the cadastral register. If this is not done, you need to submit to Rosreestr a transfer and acceptance certificate signed by the parties, a disk with a technical plan, an act of putting the house into operation, a resolution on assigning an address, in your case also a certificate of inheritance, and simultaneously with the registration of ownership of the apartment will be registered in the cadastral register.

Did the answer help you?YesNo

4. Such a problem, having lost the original contract for the transfer of an apartment into the ownership of citizens, where can it be restored?

4.1. Good afternoon, Maxim. Was the agreement you want to restore drawn up in simple written form or by a notary? If you submitted this agreement for registration to the Russian Register, you can apply there to receive a copy of such an agreement. If you have an agreement drawn up by a notary, you know the date of the agreement, you can contact the notary.

Did the answer help you?YesNo

4.2. Maxim, good afternoon! Contact the Rosreestr Department where the state registration of this agreement was carried out. You should be given a copy.

Did the answer help you?YesNo

5. There was an agreement on the transfer of apartments to the ownership of citizens. transferred in 1997 (registered in the BTI). Then in 2012 there was a court decision on the division and allotment of shares, but the decision was not registered in Rosreestr. And in the extracts from the Unified State Register of Real Estate there is only the area and is not registered with anyone. The notary explains that you need to go to court because... There are discrepancies in area with Rosreestr. Is this legal? And what should you file a lawsuit about?

5.1. A claim in court for recognition of ownership of real estate by inheritance. Even if there were no discrepancies in area, then if the rights of the testator are not registered in Rosreestr, the heir will have to go to court. The notary includes in the estate only property for which rights are registered in Rosreestr.

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6. My dad wants to draw up a donation agreement from his grandfather, his father, but he only has documents in his hands: a technical passport from 1994, an agreement for the maintenance and repair of privatized apartments from 1994, an agreement on the transfer and sale of apartments into the ownership of citizens from 1994. Tell us what to do step by step? We assigned a cadastral number through the MFC, and then what! Do I need to register it for my grandfather and then for my father?

6.1. During privatization (agreement on the transfer of ownership to citizens), you had to register the agreement with the BTI. And the contract must have a BTI seal (stamp). Or a BTI registration certificate. If there is one, you can simultaneously submit an application for registration of the previously arisen right and registration of the transfer of the right under the gift agreement. Everything will be registered at one time.

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7. The bank requires a copy of the privatization refusal. Can you explain why and on what grounds? The agreement itself on the transfer of the apartment into the ownership of citizens stipulates that the refusenik does not receive a share in the apartment on the basis of a signed refusal by the administration. The man checked out a long time ago, having lost the right to use residential premises, and moved to another city. At this point the connection with him is lost. The administration refuses to give a copy of this refusal to the homeowner. One more question: is this legal and what to do?

7.1. The bank reduces risks. The Supreme Court of the Russian Federation, in ruling No. 49-KG 15-7 dated 08/04/2015, indicated that in order to resolve the issue of recognizing a person who refused privatization as having lost (ceased) the right to use this residential premises, it is necessary to find out the reasons for the refusal. The refusenik does not receive a share, but retains the right of use; perhaps he was forced to terminate the right of use. Such judicial practice is currently sufficient.

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8. I need paperwork for the transfer of an apartment into the ownership of citizens, everything in order, where to start first.

8.1. Hello, in your situation, please contact the site’s lawyers in a private message.

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8.2. Good afternoon What kind of transfer of apartments into the ownership of citizens are we talking about? If it’s about privatization, then you need to contact the municipality and the owner of the apartment, they will give you a complete list of necessary documents. If you want to sell an apartment, you need to draw up a purchase and sale agreement. Best wishes!

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9. Is the consent of the spouse required for the donation if the apartment was received under an agreement for the transfer of apartments into the ownership of citizens (free of charge, from an enterprise)?

9.1. No, your spouse's consent is not required.

Did the answer help you?YesNo

10. There was a 1/2 share of the apartment in the property, on the basis of an agreement on the gratuitous transfer of apartments into the ownership of citizens; a year later, on the basis of a donation agreement, the whole apartment became 1/2 of the property. Now we want to sell it, which is indicated in the contract as the apartment belongs to the Seller on the basis of the Agreement...

10.1. You need to make an extract from the Unified State Register of Real Estate, as it is written there and should be in the contract!

Did the answer help you?YesNo

10.2. Hello! So indicate both reasons in the accident.

Did the answer help you?YesNo

10.3. The apartment belongs to you on the basis of a transfer agreement (privatization) 1/2 share and 1/2 share on the basis of a gift agreement, order an extract from the Unified State Register of Real Estate in Rosreestr and the extract will accurately indicate the foundation documents.

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11. There is an agreement for the free transfer of ownership of the apartment dated November 23, 1992 for the transfer of the apartment to two citizens, one of whom died on November 12, 1993, leaving behind a son who died not long ago. What are the next steps to properly decorate the apartment?

11.1. Submit an application to a notary to enter into inheritance rights.

Did the answer help you?YesNo

11.2. Good afternoon If a deceased son has entered into inheritance rights, then his heirs are called upon to inherit. If no one has entered into an inheritance since 1993, then you cannot do without a trial.

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12. The question is this way. There are 2 people registered in the apartment, the tenant and the nephew from the tenant’s deceased brother... The situation is as follows: the nephew’s mother, who is not registered, asks for an agreement to transfer the apartment into the ownership of citizens so that she can go to lawyers with him (in order to clarify her legal issues). What does this mean? And what not to do? Ps - my nephew is a full year old.

12.1. Hello, Alexey, if there are tenants in the apartment, this means that the apartment is municipal. And there is no agreement on the transfer of ownership. In any case, the nephew’s unregistered mother has nothing to do with the apartment and the documents for the apartment. Do not give documents!

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13. I want to sell an apartment, but the document agreement for the transfer of residential premises into the ownership of citizens has been lost. Is it possible to conclude a deal without the original? I have a copy. If not, how to restore and where to go?

13.1. No, without the original you will not be able to conclude a deal. You need to contact the MFC and order an extract from the Unified State Register of Real Estate, this is currently the main document confirming ownership of real estate.

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14. I want to sell an apartment but the document is lost: an agreement on the transfer of residential premises into the ownership of citizens. Is it possible to conclude a deal without the original? Is there a copy? If not, where can I restore it?

14.1. Now this document is not required to complete the transaction... an extract from Rosreestr on the ownership of the object is required... contact the MFC.

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15. In May 1994, an agreement was drawn up to transfer the apartment into the ownership of citizens to the mother and son. In February 2014, after the death of the mother, on the basis of the will, a certificate of state registration of the right to her son for 1/2 of the apartment was issued, which was also noted on the agreement. What needs to be done to obtain state registration? registration for your son for the whole apartment?

15.1. Good afternoon Until 1998, ownership was registered in the BTI, you most likely have a document in your hands confirming such registration (there is a mark or Certificate on the Agreement dated 1994), contact Rosreestr, provide documents for the apartment and request an extract from the Unified State Register, in It will indicate that you are the sole owner of the apartment.

Did the answer help you?YesNo

16. Is it possible to sell an apartment with a copy of the agreement on the transfer of an apartment into the ownership of citizens?

16.1. Hello! First, you need to register the state transfer of ownership.

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17. The agreement on the transfer and sale of apartments (houses) into the ownership of citizens, concluded in 1992, states that the apartment is transferred into common joint ownership without determining shares to a family of 5 people (two of them are children). The registration certificate of the BTI indicates that the apartment is registered under the right of common shared ownership of 3 family members (children are not specified). What claim should children who have become adults file in court?

17.1. With a claim for recognition of ownership of a share in an apartment.

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18. Eight years ago my father died. I only found out about this in October 2020. After him, there were documents for the land plot, namely a certificate of ownership of the land for indefinite (permanent) use of the land and an agreement on the transfer of apartments to the ownership of citizens. These documents are not registered in Rosreestr, i.e. there is no data on the apartment and land plot. How can I formalize my inheritance rights to these real estate objects through the court without going through a notary?

18.1. Irina! There is no point in contacting a notary, too much time has passed. Now it is only in court that property rights can be recognized on the basis of the right to inheritance. But you write “certificate of ownership of land for perpetual (permanent) use.” Sorry, but you are not describing the situation correctly. According to the Civil and Land Legislation, the right of ownership and the right of perpetual use are different rights. Moreover, the right of ownership is an inherited right, but the right of use cannot be included in the estate, since it is granted to a person without the right of transfer to other persons in civil transactions and is not subject to inheritance. So, decide what is the right to the land? Good luck!

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19. I have a document in my hands, that is, an agreement on the free transfer of ownership to citizens. Occupied apartments (residential buildings) in the state municipal housing stock. My dad is listed there, then my mom, then my brother and I. I have this question: what is this document for? Dad died, do we need to keep the agreement and why?

19.1. Hello Anna! Apparently we are talking about the privatization of housing. According to the law on privatization (RF Law of July 4, 1991 N 1541-1), the transfer of residential premises into the ownership of citizens is formalized by an agreement concluded with local government bodies. According to Art. 6 of this law, the right of ownership to the acquired residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and Transactions with It. This agreement must be preserved, as it is a document of title. If the ownership of the house is not registered, this document must be submitted to the Rosreestr Office (to register the ownership of the house). If there is no certificate of ownership of the house, I recommend contacting the Rosreestr Office - requesting an extract from the unified state register of real estate (from which it will be clear who is the owner of the house or whether there is no owner). If none of you is registered as the owner, it is necessary to register ownership.

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20. Who should be indicated as an interested party in the application to establish the fact of ownership of the title document - an agreement on the transfer of apartments (houses) into the ownership of citizens dated 1994 (the name of one of the acquirers is incorrectly indicated)? The agreement is registered with the local administration and BTI. Establishing the fact is necessary to formalize the inheritance.

20.1. Hello, Alexander! When the court establishes facts of legal significance, interested parties may be the local administration, a notary, or the tax office.

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In hand is the Agreement for the transfer of apartments into the ownership of citizens dated 1994 (St. Petersburg)

Please tell me, I am entering into inheritance of a real estate apartment. The apartment is not fully privatized, there is no entry in the register.

I want to buy an apartment. The seller has an agreement for the free transfer of apartments into the ownership of citizens dated 1992.

Agreement on the gratuitous transfer of ownership of an apartment from the city administration, which states that the citizen acquires the right of ownership (possession, disposal)

We want to purchase an apartment that was received by the seller under an agreement to transfer ownership of residential premises to citizens.

An error was made in the agreement on the transfer of apartments (houses) to the ownership of citizens: - “buyer” - 1 person - “number of family members” - 4 people, although 1 person lived.

We are purchasing an apartment that was received by the seller under an agreement for the transfer of residential premises into the ownership of citizens in 2003.

Please tell me. Article 1. Privatization of residential premises - free transfer

In the "Agreement for the transfer of apartments into the ownership of citizens" and "Registration

I have a question: the apartment was bought during marriage under an agreement for the transfer of ownership of citizens, privatized 1/2 for me and my wife.

The contract for the transfer of the apartment into the ownership of citizens has been lost. Location of the object in the city.

What to do if the document is lost?

The housing privatization agreement has been lost, how can I restore it? If you lose a document, you must obtain a duplicate from the former owner of the residential premises, that is, the organization with which you signed it. It must be restored without fail, since no transactions for the alienation of the property in the future will be possible without it. A duplicate will be issued to you within 7 days after submitting your application.

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