Privatization of municipal housing - procedure

Features of the law

Is it possible to privatize a room in a municipal apartment? The regulations for the privatization of housing in the Russian Federation are contained in the Federal Law “On Privatization...” dated July 4, 1991.

According to it, the apartment is privatized exclusively as a whole into shared ownership or into the ownership of one of the registered ones, subject to the refusal of the remaining persons.

Registration of ownership of part of the housing is not provided . But at the same time, a similar action can be carried out if part of the apartment or room is allocated in kind. In this case, the apartment becomes essentially communal.

Article 72 of the Housing Code of the Russian Federation provides for the possibility of exchanging such an apartment for another residential premises provided under a social contract. hiring

Every citizen of the Russian Federation who is permanently registered in municipal housing has the right to one-time participation

Allocating a room and then privatizing it allows you to become the rightful owner of the living space . From the moment of receiving the Certificate of Ownership of the room, the owner can take the following actions:

1. Conclude transactions for the alienation of a room (share).
2. Register any tenants in your living space without the consent of your neighbors.
3. Rent out a room.
4. Bequeath this living space.

The disadvantage of privatizing a separate room is the lack of rights to common areas.

From the moment of privatization of part of a municipal apartment, the owner becomes the owner of only a certain number of square meters .

He can only use the rest of the area (bathroom, toilet and utility rooms) together with other residents. He will not have property rights to this area.

FAQ

Often citizens face difficulties and questions regarding their solution in the process of privatization of a municipal apartment.

Let's figure out whether it is possible to privatize apartments with arrears for utilities, and also if one of the registered citizens is against privatization. What to do in these cases?

What to do if one is against (without the consent of the prescribed)

The law allows cases when privatization of an apartment is allowed without the consent of all registered persons or one of them.

However, in most cases such decisions are made as a result of legal proceedings.

Let's consider the list of persons whose consent is not required for privatization:

If, after excluding all the listed persons, it is still not possible to obtain the consent of all residents, then there is no legal opportunity to begin the privatization process.

Video: Operation Privatization

The only way out of this situation will be the privatization of part of the municipal apartment, if it is not a single object, and one part of it is allocated in kind.

Then the BTI must recognize a room or several rooms in the housing as a separate object.

This room may be subject to privatization or transfer to shared ownership.

Regarding the share of real estate (part)

The law provides for the participation in privatization of all residents living in a municipal apartment on the basis of a social tenancy agreement.

Registration becomes confirmation of the legality of such residence and the right to receive a share of living space in common property.

In this case, all shares of co-owners will be equal. In the event of a written refusal by one of the registered owners, the shares of all other co-owners are increased by an equal amount of area.

The question often arises: how to privatize your share in a municipal apartment?

Persons registered in municipal housing can purchase this living space as the property of one citizen or in joint ownership.

Please note that the privatization of a share in the total area of ​​municipal housing (that is, part of an apartment) is prohibited by law.

How to allocate a share?

To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.

For this opportunity to arise, part of the apartment must meet the following requirements :

1. Represent a separate room or several rooms.
2. Have a separate entrance.
3. Be a completely isolated room from other rooms.

If it is possible to separate part of the premises, you need to start by contacting the owner of the property - local authorities. Since the division requires redevelopment of the apartment , the application must ask for permission for such actions.

If the answer is positive, you must contact the appropriate organization to draw up a redevelopment project.

Having received all the necessary permits and documents, the residents divide the premises .

Then a new social tenancy agreement .

The allocated parts of the apartment become separate objects and are privatized in the usual manner.

Features of room design

A citizen has the right to privatize a room in a communal apartment subject to the following conditions.

1. The person living in the room previously entered into a rental agreement with the housing department.
2. The residents removed the room from the common property.
3. The room is isolated from others and has a separate entrance.
4. No structural damage or other circumstances that interfere with normal life were identified.

All the above conditions must be met simultaneously. In addition, the property claimed by tenants must belong to the municipal or state housing stock.

According to the law, you can privatize a room in a communal apartment if the fact of allocating the premises is recorded in the BTI documents. That is, for each property participating in the procedure under consideration, a technical passport must be obtained.

All persons registered in it have the right to apply for living space. Moreover, the procedure, according to the terms of the 1998 amendments, is carried out without the consent of the neighbors. This rule is explained by the fact that the move-in of people into premises that are part of a communal apartment is carried out on the basis of a rental agreement, which is concluded with the relevant state or municipal body. If neighbors interfere with the fulfillment of the legal rights of tenants, the owners of the privatized property can resolve the conflicts through the court.

The procedure cannot be carried out when the following circumstances are identified:

• the premises cannot be lived in due to the emergency condition;
• the object is located in territories classified as closed military settlements;
• the property is located in the hostel.

There are some exceptions to the last rule.

By agreement of the parties

How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with part of the bathroom and kitchen, the division can be carried out by agreement of the parties .

In this case, those registered in the apartment draw up an agreement on the right to use the residential premises, which determines which specific room belongs to each resident.

The agreement specifies the following information:

1. Parties to the contract. Personal and passport data, information about the date of registration in the apartment.
2. Address and characteristics of the premises.
3. Distribution of rooms between residents, indicating their area.

The document is signed by the parties and certified by a notary.

Thus, the apartment becomes communal with isolated living spaces and common areas.

How is part of a municipal apartment privatized without the consent of the residents?

How much does it cost to privatize a room in a communal apartment?

The cost of privatization is 1000 rubles - this is the amount of the state fee for transferring a room from municipal property to personal property. There is no need to make any additional payments.

But in the modern rhythm of life, many of us often do not have time to stand in line at the offices of various departments. A qualified specialist can do this for you. On average in Russia, this service costs up to 15,000 rubles. In Moscow, the price is significantly more expensive. Therefore, it’s up to you to choose whether to spend your personal time or pay a realtor to privatize a room in a municipal or ordinary apartment.

Privatizing a room in a communal apartment, as well as in a dormitory, is not such a difficult process. We hope that our article will fully clarify all the aspects of this process that you do not understand, and you will successfully transfer your living space into personal ownership. After all, it is much more pleasant to have your own room than to rent it from the state.

Drawing up a separate rental agreement

Is it possible to privatize a share in a municipal apartment without the consent of the other residents? If it is not possible to reach an agreement with the residents of the apartment peacefully, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate lease agreement .

In this case, the last word remains with the owner of the premises, that is, local authorities.

A citizen needs to contact the settlement administration with a request to conclude new social tenancy agreements for the occupied living space.

It is quite difficult to achieve a positive decision from the authorities in this case, since turning the apartment into a communal apartment is not profitable for the authorities.

But if there are compelling arguments and a loyal attitude from local governments, this option is still possible .

If the authorities meet citizens halfway and conclude several rental agreements with residents of a municipal apartment, each of them will become the owner of a room and will be able to acquire ownership rights to it.

If the authorities refuse to carry out the procedure, you can try to resolve the issue through the court . A citizen files a claim for the renegotiation of social tenancy agreements.

Division of personal accounts

How to divide the personal account of a municipal apartment? An important step in allocating a share of an apartment is the division of personal accounts . Because the room becomes a separate object, such action becomes possible.

A registered citizen needs to submit an application to the Criminal Code or another organization that calculates payments. The application must be accompanied by a passport and a rental agreement. A separate account is opened for a specific room with a width of at least two square meters.

In Moscow, the minimum size of such a room should be 9 square meters . The size is not defined in the Housing Code of the Russian Federation, so other regions set their own standards.

If there is no agreement between residents or a separate social tenancy agreement, division of personal accounts is possible only through the court .

You can learn how to divide a personal account in a privatized apartment from our article.

Stages of room privatization

After receiving permission from the authorities to allocate a share, it is necessary to draw up a floor plan and obtain a technical passport for the allocated part.

To do this, you need to contact the BTI. Based on these documents, a separate cadastral passport .

From the moment these documents are received, the room becomes a separate piece of real estate, and it can be registered as a property under general conditions.

An application for privatization with a package of documents is submitted to local governments:

• applicant's passport;
• documents for the apartment;
• rental agreement;
• copy of personal account;
• certificate of registration;
• certificate of non-participation in privatization;
• receipt of payment of state duty.

You can find out where to start the privatization process and in what cases a refusal may be received on our website.

Registration of property rights

First of all, you need to understand that future privatization depends on the collected documents. Therefore, it is recommended to collect the necessary list in accordance with the requests of the authorized body. When the decision on privatization is made by the city administration, it will provide an agreement stating that the room in the communal apartment passes into the possession of the new owner.

The contract must not be lost or damaged. After receiving it, it must be taken to Rosreestr, where a written application is drawn up with a request to register the rights of the new owner.

Following actions:

1. Collection of additional documents, such as a receipt for payment of the state fee in the amount of 300 rubles.
2. After registration with Rosreestr, all owners will be included in the Unified State Register. There you can also obtain permanent registration for family members.
3. Upon completion, the applicant will be issued a Certificate of Registration of Rights.

Note: it is impossible to register the right if the room is not registered in the cadastral register, since a unique object number is indicated in the certificate.

Duration and cost of the procedure

The authorities review the application for privatization within 60 days . By this time you need to add the time required for preliminary preparation.

Contacting an experienced lawyer can reduce the preparation time

When preparing documents you will need to pay approximately the following amounts:

• technical passport and floor plan of the premises - from 1,500 rubles;
• cadastral passport – from 200 rubles;
• state duty for privatization – 1000 rubles per person;
• certificate of non-participation in privatization - from 500 rubles.

Where to go?

First of all, you need to visit the BTI. This organization will inspect your living space. The examination can take from 1 to 30 days, respectively, the faster you need it, the more expensive the service will cost.

However, before contacting the BTI, study the apartment plan in detail. Perhaps the previous employers carried out illegal planning.

In this case you need:

• legitimize it;
• or restore the layout according to the document.

This process will take about 1-2 weeks.

It is very important to obtain the consent of those living in the apartment. If someone refuses, then his refusal must be notarized.

To obtain an extract from the house apartment and a copy of the financial personal account, you need to contact the Housing Office. The certificates will be ready within 14 days, but they will be valid for only one month.

If minor children are registered in the apartment, you need to obtain permission for privatization from the guardianship and trusteeship authorities.

Everyone who is registered in the apartment must come to the Housing Department. Here you need:

• write an application for privatization, which all family members must then sign;
• provide all pre-collected documents.

After that, you will be told when to come for the contract.

After receiving the contract, you must contact Rosreestr to register it and obtain a certificate of state registration of ownership.

In order to register the apartment, you need to contact the BTI again, providing the received certificate, two copies of it prepared in advance and a technical passport for the apartment.

What it is

Privatization refers to the procedure for transferring rights to a residential property to citizens living in an apartment on social rent terms. The legislation provides for the following principles of the privatization program:

The preparation of privatization documents will be handled by authorized municipal bodies and institutions. As a rule, at the local level this procedure is carried out by the municipal property management agency.

What objects can you re-register rights to?

Not every residential premises provided under a social tenancy agreement is subject to transfer to citizens under privatization transactions. The list of real estate objects excluded from privatization is determined by Law No. 1541-1:

• apartments and rooms included in the official housing stock;
• residential premises in dormitories;
• residential real estate on the territory of military camps;
• apartments in emergency buildings.

These objects are excluded from the privatization program only on the basis of official documents (for example, on the basis of an administrative act of local authorities on the transfer of an apartment to a service fund).

Is it possible to privatize a municipal apartment if it has been assigned the status of official housing? This is only possible in court if it is possible to prove the illegality of deserving housing and cancel the decision.

• Moscow and region:
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• St. Petersburg and region:
  +7-812-467-37-54
• Federal:
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Algorithm of actions

​The key role in the privatization procedure of municipal housing is played by the initial stage, when tenants have to make a decision on re-registration of rights. Law No. 1541-1 regulates that in order to begin a privatization transaction, all citizens living in the apartment must express consent to further actions. If at least one of the tenants objects to the re-registration of the apartment into private ownership, forcing privatization will be impossible even in court.

The right to purchase housing under the privatization program is exercised as follows:

• an application is submitted to the authorized municipal body indicating the full composition of tenants who have the right to permanently reside in the apartment;
• registration of ownership can be carried out only for individual family members, in this case it is allowed to draw up a notarized refusal to participate in privatization;
• When submitting an application, citizens must choose the procedure for distributing rights to residential premises - joint or shared ownership (if several citizens participate in the program), or individual ownership.

Registration of a notarized refusal to participate in privatization does not deprive citizens of the right to subsequently apply for re-registration of the right to another residential premises, if it is provided on social rent terms.

Participation in the privatization program can be carried out personally by employers, or through the services of a representative. To confirm the authority of the representative, a notarized power of attorney is issued, which will allow you to collect any certificates and sign all the necessary documents.

The algorithm of actions of participants in a privatization transaction will look like this:

1. making a decision on privatization and determining the circle of persons to whom ownership rights will be registered;
2. registration of a notarized refusal to participate in privatization, if such a decision was made by one or more residents;
3. collection of necessary certificates and forms;
4. filling out an application form to the authorized municipal body;
5. submitting an application and a set of documents;
6. checking documentation at a municipal institution;
7. preparing a privatization agreement and issuing it to new owners;
8. contacting the Rosreestr institution or the Multifunctional Center to carry out registration actions;
9. obtaining an extract from the USRN register for each owner.

After completing all of the above actions, citizens will legally register ownership of the residential premises previously provided from the municipal fund.

Who is eligible

Any citizen of Russia has the right to privatize municipal housing, and only once.

The exception to this rule is minors; they are given the opportunity to participate in privatization two times:

1. Together with parents (guardians).
2. On your own after reaching adulthood.

Citizens do not have the right to privatize housing:

1. Living in military camps.
2. Living in dilapidated housing that is in danger of destruction.
3. Residents living in dormitories.
4. Living in departmental housing owned by enterprises or organizations.

So, it becomes clear that with the exception of the categories of citizens listed above, all citizens of Russia are entitled to privatization.

However, there are also limitations here:

1. Only persons who are participants in a social tenancy agreement have the opportunity to participate in privatization . If this condition is not met, their documents will not be accepted by the administration, and even more so by the body that registers the documents. However, it is not difficult to conclude such an agreement with a person who already lives in this apartment and is a responsible tenant.
2. The second limitation may be the status of the resident. The right to privatization is retained by a person if he does not live in an apartment, but retains the right of residence while in places not so remote, or works in the Far North on a rotational basis with his family, or undergoes military service in the army.

However, persons living in an apartment under temporary registration (sublease agreement) are deprived of the right to privatization.

Required documents

Registration of a privatization transaction is impossible without submitting a set of mandatory documents. The absence of at least one mandatory certificate or form may result in refusal to satisfy the application for transfer of ownership of the apartment.

The list of mandatory documents that citizens must collect and submit to the municipal property management body will include:

• a completed application form from participants in the privatization program;
• general passports and birth certificates for all privatization participants;
• documents on the basis of which residential premises were provided on social tenancy terms (agreement, administrative act of local authorities, etc.);
• technical plan for residential premises (drawn up by a cadastral engineer during an apartment inspection);
• an extract from a personal account or house register;
• a certificate of absence of debt for utility services (although the obligation to provide it is not provided for by law, in practice municipal authorities insist on receiving it);
• certificate of non-participation in privatization.

A certificate of non-participation in privatization plays an important role, since its presence allows one to comply with the principle of one-time participation in the program. This certificate is issued by the BTI authorities and must contain information about the periods of residence from July 1991 to the time of filing the application.

Also, evidence of non-participation in the privatization program will be an extract from the Unified State Register of Real Estate indicating real estate registered with citizens since 2013.

According to the provisions of Law of the Russian Federation No. 1541-1, verification of documents cannot continue for more than two months, after which citizens must be issued a privatization agreement. This document will be the basis for registering the object with the cadastral authorities and registering rights to it with the Rosreestr institution.

Registration

To confirm rights to real estate, copyright holders must register the property with the cadastral authorities and carry out the registration procedure. To do this, after receiving the privatization agreement, you need to apply for registration in one of the following ways:

• directly to the local Rosreestr office;
• to one of the bodies of the Multifunctional Centers system;
• by submitting an application electronically through the government services portal.

Regardless of the method of application, direct registration activities will be carried out at the Rosreestr service.

The time frame for registering an object will depend on the method of application. The fastest option is to contact the Rosreestr institution; the processing of documents will take no more than 7 days (through the MFC, documents will be processed two days longer).

Is it possible to privatize a part, a share of an apartment, a room in a municipal apartment?

The first paragraph of Article 2 of Law No. 1541-1 states that real estate of this type can be privatized either as shared ownership or for one person. However, this can only be done with the entire apartment.

Thus, without the consent of all residents, without exception, it will not be possible to formalize ownership. If someone does not want to participate in privatization, he can issue a notarized refusal of the procedure itself, but at the same time he must agree to the privatization itself as a whole. In such a situation, he is deprived of the right to his share of housing, but does not lose the right to privatization, which is available only once in a lifetime (for adults). If such a person does not give his consent that the apartment will be privatized, a refusal will follow.

Child's share

If one of the residents is a minor child, his share will also need to be taken into account. Up to the age of 14, her fate is determined by her parents, and after 14, the child decides for himself whether to participate in privatization or not.

Regardless of age, permission from the guardianship authorities is still required. It should be noted that privatization is in the interests of the child, so obtaining this consent is not difficult.

The share of a person who does not actually live in a municipal apartment

If part of the apartment is in the use of a person who does not actually live here and does not pay for services, then consent to privatization will still be required from him. If such a person does not agree to register ownership of the home, you can try to forcibly evict him through the court. To do this, you need to prove that the person has other housing, does not actually live in a municipal apartment and does not pay for services. If a positive court decision is received, then consent from the person is no longer required; it can be replaced by that same decision.

Apartment section

Another option for partial privatization is to divide the apartment into several separate rooms, thereby turning it into a communal one. In such a situation, it is possible to privatize only individual rooms/rooms, maintaining the status of the remaining premises. However, the municipality is extremely reluctant to take such measures, so you shouldn’t count on them.

Housing exchange

And the last option is to exchange one large home for 2 smaller ones. All persons who do not want to privatize an apartment will move to one, and those who do want to will move to the other. Formally, this is possible, but in practice, suitable vacant premises can be waited for decades.

Questions and answers

During the privatization process, many questions arise that can be asked of lawyers.

The article presents the most popular questions and what answers the law provides.

Who is eligible

Absolutely every citizen of the Russian Federation who is registered on a residential area of ​​municipal real estate has the right to privatization.

Anyone who has not privatized anything before can privatize.

There are exceptions to this rule, for example, if a child participated in privatization, then after he reaches the age of eighteen, it becomes possible to undergo privatization again.

Children can participate in privatization only with the consent of their parents and guardianship authorities.

Can they refuse?

Privatization can be refused only if:

1. An incomplete package of documents was provided.
2. The validity of the documents, at the time of their delivery to the authorities, had already expired.
3. It is impossible to obtain ownership of the object, since it is not included in those permitted for privatization.
4. Some of the persons who have expressed a desire to participate in privatization do not have the right to do so.

Is it possible to sell without registering ownership?

A lot of people throughout Russia ask about how to sell municipal real estate.

Is privatization of emergency housing allowed? Is it possible to take part in privatization a second time? Find out here.

Read about the privatization of apartments in closed military camps at the link.

The answer is simple and clear - it will not be possible to sell non-privatized real estate, because... the owner is the state.

Without the consent of the person registered in it

Privatization of a municipal apartment is possible, even if one of the registered persons opposes re-registration.

There are several ways out of this situation:

1. Ask the dissatisfied person to refuse to participate in privatization.
2. Discharge the rebel from the apartment.
3. Apply through the court.

How to register property after the child is discharged

If children are registered at the property, then to simplify the privatization process, children can be registered at a different address.

If there are no minors left at the facility, then there will be no need to visit the guardianship and trusteeship authorities.

How to privatize a room in a municipal apartment?

Otherwise, privatization follows general rules. This is a rather complex and lengthy process, but starting from 2020, free privatization has become indefinite, so there is no need to worry about the fact that people may simply not have time to register ownership. On the other hand, it’s still better to hurry up and do everything as quickly as possible.

Order and stages

1. Obtain the consent of all residents of the premises (divided or exchanged - it makes no difference).
2. Collect all necessary documents (see below).
3. Complete an application and send it to the MFC along with documents.
4. Sign the apartment privatization agreement.
5. Based on the contract and collected documents, register ownership.

Procedure

The consent of the residents is a mandatory and very first stage, since it is pointless to move further without such documents in hand. As practice proves, in the vast majority of cases it is possible to reach an agreement with users who refuse to privatize “in an amicable way.” Next you need to start collecting documents. It is very important to remember that many of them have a limited shelf life. It is recommended to start with the BTI technical passport. Usually, as part of its registration, specialists visit the apartment and check it for the absence of illegal alterations or other changes. It is quite logical that if such changes are discovered, privatization will be refused. Only after receiving the BTI registration certificate can you begin collecting other documents. This is due to the fact that, firstly, the registration certificate does not have an expiration date and, secondly, it takes quite a long time to issue it. In some cases, this procedure takes about 1-2 months. When all the necessary papers have been collected, they must be sent to the MFC along with consents and an application. You can also contact the local administration, but in multifunctional centers it is usually much easier and more convenient to complete the registration process. After signing the privatization agreement, you need to contact Rosreestr for a certificate of ownership. This completes the privatization.

Documentation

In order not to receive a refusal from privatization, you need to collect all the documents:

• Passports of all residents with copies.
• Birth certificate (for minors without a passport).
• Permission from the guardianship authorities (relevant only if children live in a municipal apartment).
• Certificate from the Management Company or Housing Office stating how many persons are registered in the premises.
• Social rental agreement.
• Consent to privatization from all residents (excluding children under 14 years of age).
• Refusal to participate in the procedure (if required). It is formalized by a notary. Let us note once again that such a refusal deprives a person of the right to a share in the apartment, but is not an obstacle to registering it as property as a whole.
• BTI technical passport.
• Certificates stating that citizens have not previously participated in privatization.
• Power of attorney for a representative (if required). Usually this document is drawn up by a notary in order to avoid having to go through the authorities together.
• An extract from the accounting department confirming that there is no debt on the apartment. If there is one, you don’t even have to try to pursue the issue further, since a refusal is guaranteed to follow. You must first pay off all debts and only then continue the procedure.
• Receipt for payment of state duty. Privatization itself is free, but this only applies to the cost of housing. You still need to pay for the services for issuing certificates and directly the state fee for registration of property rights.

Features of the procedure

Let's consider the specifics of the privatization process of municipal housing, what documents are required and who has the right to it, how to privatize a room in a municipal apartment, as well as the algorithm of actions for obtaining ownership of an apartment.

Who is eligible

An apartment can be registered as private property by citizens who live in it on the basis of a social tenancy agreement.

All registered adults, as well as children who have reached the age of 14, participate in the privatization process. If one of the residents refuses, the procedure cannot be carried out.

If one of the registered residents refuses to participate in the privatization process, such refusal must be provided in writing and be notarized.

In this case, it is allowed to register the apartment as the property of the remaining registered residents.

All minor residents registered in the apartment have the right to privatization. They also receive ownership of their part of the living space.

It is important to note that if a child took part in privatization as a child, then after he turns 18 he will be able to take part in the privatization process again.

This situation is an exception to the standard rule regarding one-time free privatization.

After what time

There are no legal time limits for how long it takes to privatize municipal housing.

Housing of this type can be registered as private property immediately after completing a social rental transaction and collecting the package of required documentation.

The privatization process can begin after obtaining the consent of all registered residents. Or if there is a notarized refusal to privatize any of the residents.

To find out who owns a plot of land by address, see the article: where you can find out who owns a plot of land. Read about rent arrears here.

The period for consideration by the government agency of an application for privatization is 60 days, after which residents must be notified of the decision.

What documents are needed

Required list of documents to be submitted to the administration:

• passports of all participants in privatization and birth certificates of children under 14 years of age;
• registration certificate of the apartment from their BTI. If redevelopments have been carried out in the apartment, this technical document should reflect their legality;
• extracts from the warrant for the apartment;
• an extract from the house register, which indicates all registered citizens, as well as everyone who was deregistered during the entire history of using the apartment;
• social rent agreement;
• certificate about the condition of the living space;
• an extract from the personal account stating that there is no debt on utility bills;
• in the case of registered minors, permission from the guardianship authority, as well as an order to appoint a guardian for the child;
• if one of the residents refuses privatization, a notarized written refusal is required;
• if privatization is carried out by an official representative of the residents, he must provide a notarized power of attorney as confirmation of his authority;
• receipt of payment of state duty.

• receipts for utility bills;
• in case of a change of surname, a certificate of change of surname must be provided;
• a certificate if a minor child has left the apartment;
• document on the death of a citizen who was registered in the apartment;
• a certificate stating that residents have not previously used their right to free privatization.

Procedure

Below we present an algorithm of actions for the privatization of a municipal apartment:

• contact the BTI with an application for a specialist to inspect the home for the presence of illegal alterations;
• contact a banking institution for a copy of your personal account statement;
• request an extract from the house register from the management organization or HOA;
• apply to the guardianship and trusteeship authorities for permission for minor children;
• After collecting all the documents from these authorities, you must contact the housing department of the local government to formalize the privatization transaction. To do this, you need to write an application, and you also need the mandatory attendance of everyone registered in the living space;
• After receiving a positive decision to formalize the transaction for the transfer of housing ownership, the last stage will be the state registration of ownership of the privatized real estate.

Difficulties

What problems do you most often encounter when privatizing an apartment?

1. Debts. Often, residents are complete strangers to each other (especially when living in a communal apartment). Their personal accounts are different and, as a result, some can pay regularly, while others, on the contrary, will allow the formation of a serious debt. Because of the latter, privatization will be abandoned.
2. Not all documents are available or there are errors in them. It is recommended to double-check that you have actually collected all the necessary papers. They also need to be carefully checked for errors, since the human factor has not been canceled. Separately, you need to clarify the expiration date of each document.
3. Some residents do not want to carry out privatization and do not want to give up their share. The most difficult moment, since until they can be convinced otherwise, it will be impossible to engage in this procedure.

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How to privatize an apartment

Under what conditions can an apartment be privatized?

If you want to privatize an apartment, check whether your situation meets the following requirements:

• you are a citizen of the Russian Federation;
• you occupy residential premises under social rent;
• the residential premises you occupy are the property of the city of Moscow;
• you have never before used the right to participate in privatization on the territory of the Russian Federation (this rule does not apply to those who became the owner of residential premises in the process of privatization before reaching the age of majority);
• you have consent to privatize the residential premises of all adults and minors aged 14 to 18 years who have the right to privatize this residential premises.

What documents are needed to privatize an apartment?

• a request (application) for the provision of a public service - can be completed by an employee during the application (or you can prepare it in advance by downloading the form);
• identification document of the applicant;
• identity document - for all members of the applicant’s family, persons registered in the privatized residential premises, persons who have the right to use this premises on social rental terms, who have reached the age of 14;
• an identity document of the applicant's representative, members of the applicant's family, persons registered in the privatized residential premises, persons who have the right to use this premises under social rent, who have reached the age of 14 (if the documents are submitted by a representative);
• a document confirming the authority of the representative (notarized power of attorney);
• social tenancy agreement for privatized residential premises - a copy of the applicant (except for cases of loss of the social tenancy agreement);
• an order for privatized residential premises or an extract from an order of an executive authority (if the applicant has one); in case of loss of the order - a copy of the order of the executive authority issued by the bodies authorized to provide information from the Archival Fund of the Russian Federation;
• a birth certificate or a document confirming the fact of birth and registration of a child, issued in the prescribed manner (in the case of the birth of a child on the territory of a foreign state);
• document confirming citizenship of the Russian Federation;
• an extract from the house register for the period from July 21, 1991 until arrival at this place of residence or a similar document replacing it;
• a document from an authorized body confirming the unused right to participate in privatization at the previous place of residence;
• a document confirming the authority of the above-mentioned body to issue a document confirming the unused right to participate in privatization at the previous place of residence (a copy certified by the body that issued it);
• written consent to privatization (or written refusal of privatization) of the occupied residential premises of the applicant, a member of the applicant’s family, another person registered in the privatized residential premises, a person who has the right to use this premises on the terms of social rent, who has reached the age of 14, and/or his legal representative or a person authorized in accordance with the established procedure.

Please note: in some cases (depending on the specific circumstances of your life) additional documents may be required.

Where should I submit documents?

You can submit documents:

• online on the official website of the Moscow Mayor mos.ru. You can submit documents online only if you live alone or if your family meets the following requirements:

- the family includes only adults who have legally resided in Moscow since July 21, 1991 or since birth;

— there are no disabled adults or orphans in the family;

Please note: the applicant's representative can only submit documents in person. You can check the status of your application on mos.ru. To do this, you need to know the case number.

When will the decision on privatization be ready?

Once your request has been registered, you will receive one of the following documents within 46 business days:

• transfer agreement with a note on state registration of the transfer of ownership of the privatized residential premises - issued on paper in person at;
• a decision to refuse to provide a public service is issued on paper in person, by mail, or sent electronically to the user’s personal account on mos.ru.

If you submitted documents electronically and if the decision on privatization is positive, at the time of signing the transfer agreement you will need to provide the following documents:

• social tenancy agreement for privatized residential premises;
• a warrant or an extract from an order of an executive authority;
• notarized documents, scanned copies of which were attached to the electronic request.

Step-by-step instructions for privatization

Privatization of a room in a communal apartment is permitted only with the consent of all persons living and registered in the relevant area. Each citizen of the Russian Federation has the right to privatize housing only once. He may refuse this time, but receive ownership of the property from the state in the future.

Additionally, the following facts must be taken into account when preparing documents for privatization of a room in a communal apartment:

• consents are expressed in writing in the application for privatization;
• it is permissible to issue a refusal with certification at a notary office or by an administration employee during a personal visit at the stage of submitting documents;
• shares are divided equally between all participants;
• A special procedure is used if minor children are registered in the room. Parents do not have the right to draw up a waiver on behalf of the child without the permission of the guardianship authorities. Read more about privatization with minors here.

It is imperative to clarify the ownership of the property. The necessary information is obtained in a certificate from the database - an extract from the Unified State Register of Real Estate. You can receive an extract in person through the MFC or online through the Rosreestr portal. Any person can order, the cost varies from 300 to 600 rubles, depending on the manufacturing method.

The easiest way is if the communal apartment is the property of the municipality. In this case, they will be privatized according to the standard procedure.

It will not be possible to deprivatize a room in a communal apartment if the property is located on the territory of a military camp.

Collecting documents

What documents are needed to privatize a room are shown in the following list:

• application for privatization from all participants;
• refusals to privatize (certified by a notary or when submitting documents by the receiving employee);
• if the child’s refusal is formalized - permission from the guardianship to refuse;
• technical passport with information about the area (configuration) of the room;
• a certificate from the management company about officially registered persons;
• civil passports and other documents to identify the identity of each resident;
• a social rental agreement issued for one of the residents;
• confirmation from supplying organizations (municipal services) about the absence of debts on utility bills;
• extract from the Rosreestr database;
• a certificate from the property department stating that this room in a communal apartment has not been privatized previously.

Exceptions and additions:

• an order is suitable instead of a social tenancy agreement;
• if the document is lost, or there is only a dilapidated, illegible copy, take a copy from the municipal administration;
• the consent of the incapacitated person to privatize the room is confirmed by the permission of the guardian;
• If personal participation is not possible, an order is issued to a trusted person with notarization.

Contacting the property management department of the local executive authority is carried out in person or through the MFC (in some cities). Documents are collected according to the list presented above. The application on behalf of the child (under 14 years of age) is made by the parents. Older children (under 18 years old) fill out a standard form themselves. Below, parents confirm their agreement to privatize a room in a communal apartment with their signatures.

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The responsible municipality employee records the fact of acceptance of documents in the audit trail. Within two months from this date, applicants are provided with a response in writing. In general, privatization lasts several months – up to six months.

After receiving written notification of a positive decision, they contact the municipality again. An agreement on the transfer of real estate is drawn up in writing without mandatory notarization. Each region has its own form of such an agreement.

You should check:

• real estate details;
• identification data of the new owners;
• gratuitous nature of the agreement;
• additional rights and obligations of the parties.

Having received the ownership transfer agreement, they submit a set of documents for registration to Rosreestr. You can sell a privatized room in a communal apartment only after changing the entries in the Unified State Register of Real Estate (USRN) database. The new owner has the right to rent out the property and dispose of it in other ways.

To register, you can contact the MFC in person, or in a user-friendly remote mode on the Rosreestr portal. The procedure for providing relevant public services differs in different regions.

Registration of ownership requires the approval of all participants in the procedure. If at least one person is against it, it is impossible to re-register. Therefore, it is necessary to try to come to an agreement and offer profitable options.

If a citizen is not against privatization, but simply does not want to take part in it, he needs to write a refusal and have it notarized. In this case, registration of ownership occurs without hindrance, and the person who renounces his share will have the right to live in the privatized apartment for as long as he wishes.

Where to begin?

However, if you are not afraid of the difficulties that may arise during registration, you can proceed with the labor-intensive process of completing this action.

Any procedure must begin with preparatory work. Since you most likely do not live alone in a municipal apartment, talk to all the residents in advance. Ask if they are okay with your actions.

If possible, obtain written permission from them, as well as assurances that they will not interfere with the process.

The next, but still preparatory, step is to obtain a warrant.

This document is obtained from the municipal authority, exactly where the social tenancy agreement was signed.

Privatization is possible without a warrant, but if you want to significantly simplify the procedure for yourself, then set the goal of getting one.

Now you need to take a plan of your room, as well as documents reflecting its technical characteristics.

The plan and technical passport are taken from the municipal authority. Be sure to take a certificate stating which citizens and in what quantity are registered in this real estate.

At this point, the preparatory actions have exhausted themselves; we move on to the next stage.

Where to go?

Many citizens who complete the procedure for privatizing a room, unfortunately, do not know what next step to take. Next, you need to decide where to go with the package of necessary documents.

You need to find the address of the local housing policy department and go there in person. Your task is to conclude an agreement on the fact of privatization of the room. It is in this body that such documents are drawn up.

If your city does not have a department of housing policy, do not despair; you can come to the nearest regional center or contact one of the multifunctional centers.

It is important to correctly collect the package of Documents, because the further privatization procedure depends on the correct provision of papers.

The package of documents must be compiled carefully and independently, because this is a guarantee of free public housing, without the help of any third-party organizations.

Depending on the situation, the number of documents in your package may vary.

But still, there are rules that give us an idea of ​​the minimum number of required papers.

The following is a list of required documents:

1. You will need a warrant, this is a document that gives you the right to receive a room in a municipal apartment.
2. The next most important thing is the passport, as well as other documents establishing the passport details of the Residents.
3. Do not forget about a certificate that establishes the fact of your registration at your place of residence.
4. Equally important is the availability of a technical passport for housing, as well as a room plan.
5. It would be useful to provide a certificate confirming the absence of debt for various utility services.
6. Another important document is a certificate stating that you did not participate in the privatization of your home at your previous place of residence.

Other documents may also be provided that are required by law and are necessary in specific situations.

Where to submit?

Documents are submitted to the Housing Policy Department along with the application. The privatization agreement is also drawn up there under the strict control of a department employee. You can do the same in the multifunctional center.

Registration deadlines

Privatization is completed within 2 to 3 months.

Usually the time frame is measured in weeks, that is, from eight to twelve weeks.

If you submit documents not to the department itself, but to a multifunctional center, then the privatization process may take a little longer.

Privatization can be completed in an accelerated time (2-3 weeks) if the prevailing circumstances allow for this.

Unfortunately, no one can tell you right away how much the room privatization procedure will cost you. As a rule, prices for such services are set individually by the technical inventory bureau.

The pricing policy corresponds to the tariffs approved by local authorities. As you understand, prices may vary depending on the region. The highest can be found in federal cities, and the lowest in small municipalities.

They can refuse to formalize the privatization of a room only if it is not a room, but a share.

It is impossible to privatize a share in a room.

Also, there are often situations when one or another document is not provided.

The absence of a correctly formed package of papers is a reason for refusal.

If you started privatizing part of a municipal apartment without the consent of those living with you, then you will have to formalize such a procedure not in the department, but to fight for your rights in court. To do this, you will need to file a claim with the district court.