Disadvantages of apartment privatization - 165 tips from lawyers and lawyers

People living in apartments that belong to the state or municipal fund have the right to privatization. The procedure, at first glance, is simple, but it requires a lot of time and legal knowledge in this matter. During this operation, all actions should be carried out step by step and carefully, so that in the future there will be no confusion and loss of time to solve problems that have arisen.

Why is privatization needed?

People who take the initiative to privatize an apartment become the owners of residential premises, which they receive free of charge from the state for living or using for personal purposes.
It is important to know! Any citizen of the Russian Federation has the right to only one-time privatization during his life.

The privatization process became possible after the collapse of the Soviet Union; until that moment, this procedure was not possible. Only private houses were subject to privatization. The owner receives much more rights to the privatized premises. Such apartments are subject to redevelopment after an agreement with the BTI. In addition, they can already be sold, donated, bequeathed, rented, etc. The owner can independently decide who to register or write out. It is impossible to evict a tenant from a privatized apartment in case of debt to housing and communal services.

How long does the procedure take?

According to the law, housing privatization is carried out within 60 days from the date of submission of the necessary documents. But unfortunately, this situation is not always met due to several factors:

government authorities do not always respond quickly to statements;
impossibility of collecting documents from privatization participants due to their location;
long queues at self-government bodies;
debts for utilities.
inappropriate state of the object.

Important points to know before starting the procedure

Before you begin the process of privatization of municipal housing, you should collect the necessary documents:

written consent of all people living in the apartment;
social rental agreement;
family members must provide documents confirming their identity;
obtain a certificate of family composition (it is issued by the Housing Office and is valid for a month);
obtain a technical passport from the BTI, and also pay the state fee. The issuance of such a document may take from 14 to 30 days.

Important! If the owner of the apartment intends to register the apartment in his name without the participation of the residents registered in it, then they must notarize their refusal.

How to sell an apartment?

In order to realize the alienation of an apartment that is jointly owned by several persons, it is necessary to obtain consent to the sale of all owners without exception. If it is not possible to attend the transaction, approval is obtained in writing. The owner draws it up with a notary, who certifies the will of the interested person with a signature.

The procedure for alienating an object is simplified as follows:

obtaining the consent of all owners;
collection of necessary documents;
execution of a purchase and sale agreement;
registration of the transfer of ownership rights and entering the relevant data into the Unified State Register of Real Estate.

The list of required documents, in addition to the consent of the owners, includes:

passports of the owners of the object and the buyer;
technical passport of the object;
an extract from the Unified State Register of Encumbrances confirming the absence of encumbrances and confirming ownership of the object;
consent of the guardianship authorities if a minor is involved in the case.

The agreement is concluded in writing and, for reliability, certified by a notary. After this, all documents, together with the contract, are submitted for registration to Rosreestr directly or through the MFC, State Services.

After registration, the rights to the object will belong to the second party to the transaction - the buyer.

Positive and negative aspects of apartment privatization

The privatization process is the cornerstone. It would seem that this is an opportunity to become a home owner, but in reality many refuse to register property rights. And sometimes there are cases of requests to deprivatize housing. Let's figure out what positive and negative aspects this process contains.

Disadvantages of privatization

The main disadvantage is the increase in utility bills. Let's show this by comparison: if you need to pay 13 rubles a month for a square meter of rented housing, then the payment in a privatized one will be 24 rubles. The difference is obvious. In addition, you will need to pay for major repairs of the residential building.
Another disadvantage is the annual property tax. The tax rate is different for each region. And this is again additional financial waste.
If the apartment is pledged to the bank, and the payer is unable to repay the loan, then the apartment can be sold by court decision. Public housing cannot be taken away in such cases.
Complicated inheritance procedure. In the absence of a will, after the death of the owner, all heirs lay claim to the property. And it is often difficult for them to agree with each other. In the case of social rent, everything is much simpler: you just need to register the heir in the apartment.
Impossibility of free improvement of living conditions. If the apartment burns down or is flooded, the owner will pay for the repairs himself. If the house is demolished, the owner will receive in return an apartment of the same area, but not the cost. That is, in the event of an emergency in a privatized apartment, the owner will have to fix the problems at his own expense. The owner of a privatized apartment in a building that is in disrepair is unlikely to receive better living conditions.

Pros of privatization

No monthly rent to the local budget. In Moscow, for example, the rate of such payment is different and depends on the zone.
Legal disposal of property. A privatized apartment can be:
- sell;
divide into shares;
make redevelopment or major repairs.

Social hiring does not provide such opportunities.

Lack of conditions for eviction of the owner from the property. Even significant debt on utility bills is not grounds for eviction. Utility debts can be repaid using seized property. The apartment can be sold to compensate for losses, but such cases are not known in Russian practice.
Simplified registration conditions. The owner is given the right, at his personal discretion and desire, to register and discharge residents of his apartment. A tenant can only include a family member, and then only with the consent of those who are already registered in this living space. It will be possible to discharge a tenant from a municipal apartment only if he gives his consent.
The privatization procedure is completely free.
The owner of the apartment can independently manage his property - sell, donate, rent, etc.
An apartment can be mortgaged when taking out a loan from a bank.

Which is better: pros and cons

The advantages and disadvantages of each type of property must be considered from different aspects. Joint ownership has the main disadvantage - the inability of each owner to dispose of the object without the general consent of all the others.

On the other hand, this same factor can be considered as an advantage. If one of the owners decides to sell his part, he will not be able to freely exercise this right without the involvement of the other owners.

Joint ownership guarantees some security for the property and protects it from sale, exchange, etc.

The ability to perform actions with the ownership of one citizen after he receives consent or power of attorney from the other co-owner.
Correcting object ownership rules is available to each owner. That is, it is possible to allocate a personal share when the previous form of property disposal does not satisfy expectations.
There is no need to wait for orders from institutions, which is typical for state-owned properties.
Every like-minded person has the right to use the property.
Payment of utilities, taxes and other payments is made evenly between the owners. Therefore, additional costs will be significantly less than for individual owners.
There is no need to divide or establish a procedure for using the property.
If the object is a plot of land, then it can be surrounded by a fence. There is a possibility to install car parking on the territory. If desired, you can pave the area or enrich it with green spaces.
You can rent out part of the property. The advantage of such a business is the opportunity for each owner to receive income.

Due to public use, it is necessary to coordinate actions between all owners. The wishes of each individual who has entered into a use agreement are taken into account.
Sometimes the costs of a property exceed the potential profits.
The owner does not have the right to single-handedly draw up documents and dispose of the property.
If the joint property is housing, and one of the owners is a minor child, then to complete the documentation it is necessary to obtain an opinion from the guardianship authorities. That is, it is necessary to certify that the guardianship is that the new living conditions are suitable for the child to live in.
This type of ownership is typical only for spouses and participants in the farm.
It is necessary to pay all taxes and debts on time.
You need to independently solve problems regarding: paving, cleaning the territory, caring for planted trees, eliminating pipe breakdowns.
If the property is rented out or there is profit from it, it is necessary to divide the income between all like-minded people.
It is difficult for a farm to find conscientious partners who will take full responsibility for the common cause.
Each joint business has its own time period. Therefore, if the reason for drawing up the agreement was a business, then after its disappearance you will have to deal with the division of the object.
Due to the sale of property without the consent of all its owners, there is a possibility that the buyer may lose his acquisition through the court.

It is impossible to establish a specific mode of use for co-owners of common property. This example includes the relationship between spouses, especially if there are minor children from a previous marriage.

Each individual case requires detailed explanation. It is possible to resolve the existing problem with the help of a lawyer. A specialist will help you understand all the nuances of preparing new documents. Also, for the shared division of property, professional advice is needed, because each case may include a separate adjustment.

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Privatization of apartments in 2020

Privatization of apartments in the Russian Federation was carried out free of charge until March 1, 2020 . Anyone who did not have time to privatize their residential premises will be obliged to pay the state the market value of the apartment during the procedure.

The state will consider an option that has been working in the West for a long time - a system of renting social housing. In other words, housing will be provided to citizens for rent for a certain period, but it will not be privatized.

Is it worth privatizing a cooperative apartment or part of it?

The privatization process involves the transfer of public housing into the ownership of the tenant. The cooperative apartment in no way belongs to the state, since it was built at the expense of the investor. Therefore, after full payment of the share, the apartment becomes the property of the citizen. Therefore, there is no great need to carry out the privatization procedure, since the apartment is already owned by the owner.

Nuance! In the event of privatization of public housing, all people registered in the apartment can become its owners. A cooperative apartment can belong to only one member of the cooperative; all other family members have the right only to live in it.

If the person paying the fee was legally married, then the housing will be considered as jointly acquired property. In the event of a divorce, the spouse who is not a member of the cooperative has the right to claim a share of the living space. He can receive his part through the voluntary consent of the owner or through the court. The owner always retains the right to transfer his share of the apartment to one of the family members who has reached the age of majority.

Bottom line: a privatized apartment provides more opportunities for the owner; he has the right to dispose of it at his own discretion. But, at the same time, he will be charged with additional financial expenses associated with the payment of property taxes. He will also partially finance the house in case of major repairs.

Own housing insures the owner against the possibility of being evicted for utility debts. But, if the apartment is collateral with the bank, and the owner cannot repay the loan, then the housing can be taken away by a court decision and sold.

In the event of the death of a tenant, the non-privatized apartment becomes the property of the state and relatives no longer have any rights to it.

Registration of housing ownership

It is the right of every citizen to take part in such a transfer of ownership. No one can be forced either to use this opportunity or to refuse it.

However, there is a limitation: you can use this right only once.

The exception is those who were under 18 years of age at the time of privatization.

After reaching adulthood, if there is still such an opportunity, they can privatize housing on their own.

The following have the right to receive ownership of part of a municipal apartment or its entirety:

living there on the basis of social rent;
citizens registered at the time of application.

Participation of minors under the age of 18 is required. If their parents are not divorced and live in different residential premises, then the child can participate in the privatization of any of them.

If they do not want to exercise their right, citizens may refuse to participate in privatization. This applies to:

all residents who in this case remain in the apartment on social rental terms;
or one of the tenants, who in this case retains the right to live in the apartment for life.

The refusal will be notarized.

The procedure for privatization of residential premises is regulated by the Federal Law “On the privatization of housing stock in the Russian Federation”. Are you interested in the procedure for privatizing a garden plot and the necessary documents? Read here.