On re-privatization: how many apartments and how many times can you privatize?

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Published: 01/28/2018

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Registration of municipal apartments into personal ownership allows new owners to fully exercise their civil rights in relation to living space - sell, donate, exchange, etc. The procedure and duration of the procedure for registering rights depends on the status of the residents and the presence of encumbrances on the living space.

• Legislative regulation
• Who has the right to privatization?
• List of documents
• Algorithm for the procedure: Refusal or approval
• Registration of the right to an apartment

Legislative regulation

The procedure for the privatization of municipal apartments into the possession of citizens is determined by legislative act No. 1541 “On Privatization...”.

This regulatory act emphasizes that the transfer of municipal property to citizens is of a declarative nature, describes the procedure for registering rights for children under 18 years of age, and provides a list of premises that are not subject to privatization:

• emergency houses;
• dormitories;
• service rooms.

The free privatization period was supposed to end before the end of February 2020, but at the beginning of the month the issue of extending the deadline until 2020 for some categories of persons was considered.
As a result, on February 22, Law No. 14 was adopted, according to which the free privatization of municipal housing became indefinite.

What documents are needed to privatize a municipal apartment?

Privatization is the procedure for transferring municipal and state housing into private ownership. Free privatization began in Russia after 1992 and the deadline for its completion was moved several times due to certain political and economic factors in the life of the country.

1. Personal data of the principal and the authorized representative.
2. Date of registration of the power of attorney.
3. Information about the powers of the trustee and the actions that he needs to carry out on behalf of the principal.
4. Duration of the power of attorney.
5. Signature of the notary who drew up the power of attorney.

Who has the right to privatization?

The following categories of persons can privatize municipal housing:

• renting living space from the municipality under a social tenancy agreement;
• orphans living for more than 5 years in municipal apartments provided for free use;
• relatives of social rent tenants living with them in the same living space;
• children of a municipal housing tenant who are under 18 years of age and live separately, but are registered in municipal housing at birth.

It is important to take into account that citizens who previously took part in the privatization of an apartment or share lose the right to free privatization, according to Art. 11 of Law No. 1541. Ownership of residential real estate purchased on the secondary market, as well as social status, do not affect the approval of the transaction by the authorities.

Children under 18 years of age receive equal rights to social housing as other tenants.

Features of the privatization of state property and municipal property in 2020

The privatization of municipal property is practically no different from the standard procedure. The main feature is that the process of privatization of a room, apartment, land or cottage is carried out not only in accordance with Federal Law 178, but also based on regulations in force at the local level.

All these options began to operate in 2001, when amendments were made to the federal law. It is worth understanding that not all property can be transferred to a private foundation. Each case of privatization is individual and requires careful study, as well as an individual approach. One type of privatization process is the exchange of official housing into personal property. When thinking about how to privatize a municipal apartment in 2020, you should take into account a number of features and certain conditions.

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List of documents

Before submitting an application to the Housing Department, you must prepare the following documents:

• cadastral document and registration certificate for the apartment;
• certificate of non-participation in privatization earlier;
• housing warrant;
• certificate of persons registered in the apartment;
• copies of applicants' identification documents.

If children are involved in the procedure, permission must be obtained from the social protection service. The renunciation of the rights of ownership of living space by individual residents must be certified by a notary on a special form. A certificate of non-participation in privatization can be obtained from the MFC, and a technical passport is issued at the BTI.

Privatization of non-residential premises in a dormitory

If it turns out that the house is not part of a specialized housing stock, but belongs to the municipality, then the privatization procedure will be much simpler and faster. In this case, the owner of a room in a dormitory must contact the district administration in order to conclude a social rental agreement, and also obtain an extract about the status of the house from the municipal property register. If, in the process of checking the status of the residential premises, it turns out that the hostel is part of a specialized housing stock, then the owner of the room will most likely be denied the housing privatization procedure.

But only if it submits all official papers on time and deposits 10% of the starting sale amount with the relevant authorities. There is also an alternative option - re-registration of privatized residential premises into non-residential ones. Typically, such operations are carried out with apartments on the ground floors and basement areas. If municipal authorities give the go-ahead for the transfer of premises from municipal property to private ownership, there will be a need for new documents.

According to the above law, business entities must send to the relevant authority a statement of intent to purchase the leased property and provide the necessary set of documents. Alienation of the said municipal premises as acquired property is not permitted on the basis of federal laws. If a refusal is received, the entrepreneur has the right to appeal the decision of the authorized body in court. Contact the district administration with a statement indicating your intention to transfer the property into your ownership. Along with the application, a package of documents is provided, their list is given above. Next, the authority reviews the documents within 30 calendar days. Depending on the decision made, the commission dealing with the alienation of municipal property issues a written response about its positive or negative decision. This is followed by payment of the specified cost. Presentation of receipt to administration. After which, within two months, a resolution is issued to transfer the leased premises into ownership. This is followed by an application to the Office of the State Registration Center, where it is necessary to present documents such as a resolution, excerpts from the cadastre, payment receipts or, if the entrepreneur pays the cost gradually, an installment agreement.

Procedure algorithm

Privatization of housing owned by the city administration is generally carried out as follows:

1. Preparation of a registration certificate for an apartment in BTI.
2. Determining the circle of persons from among those registered in the premises who claim a share in the apartment.
3. Collection of necessary documents and certificates.
4. Applying to the Housing Department with an application for privatization.
5. Consideration of the application and making a decision to authorize privatization or refuse.
6. If the decision is positive, a housing transfer agreement will be signed.
7. Registration of the right to an apartment in Rosreestr.

Persons participating in privatization submit an application to the Housing Department through branches of Rosreestr or MFC.

The text of the application begins with the name of the receiving body, as well as the position and full name of the person authorized to consider applications for privatization.

The text should contain the following information:

• Full name and passport details of all privatization participants;
• address of the privatized housing;
• cadastral number;
• common and living areas;
• number and area of ​​isolated premises;
• type of living space (communal or separate apartment, room);
• a list of all registered persons;
• information about the presence of utility debts or legal encumbrances.

For minors, the details of the birth certificate must be indicated, and the number and date of the administration’s decision to authorize the guardianship service for privatization under the stated conditions must also be entered.

Application form here.

Refusal or approval

During the consideration of the application, the housing department checks the completeness of the submitted documentation and the accuracy of the information in the application. A refusal may be received for one of the following reasons:

• incorrect filling out of the application;
• providing an incomplete package of documents or incorrect information;
• lack of right to privatization for some applicants;
• lack of permission from the guardianship service;
• imposition by the court of restrictions on transactions with this housing stock.

The restriction is imposed for a limited period; if housing has become the cause of property disputes, after the restriction is lifted, you can resubmit the application. Reasons for refusal must be communicated to applicants in writing.

If the decision is positive, the privatization participants are summoned to Rosreestr to conclude an agreement on the transfer of residential real estate; this document will be the title document for the privatized apartment.

The transfer agreement states that the municipal authority transfers the possession of the residential space specified in the application to the applicants on a free basis, after which the rights holders are listed, indicating the number of square meters transferred to each of them.

Registration of the right to an apartment

To register the right to an apartment, applicants apply to the Rosreestr office or the MFC with a registration application and documents:

• transfer agreement;
• copies of passports;
• technical passport for the apartment.

The application is filled out according to the Rosreestr form. Persons over 14 years of age sign the paper on their own, and a legal representative signs for young children.

Registration takes from 5 to 7 days, after which new owners can receive an extract from the Unified State Register of Real Estate as proof of ownership of the living space.

About privatization

Privatization is the process of transferring ownership of municipal housing to Russian citizens.

The privatization program began in 1991 with the adoption of the law, but there are still many non-privatized apartments, which means that not all citizens have exercised their right to housing.

What kind of housing cannot be privatized

More than twenty years ago, privatization began in our country, a process in which the housing stock is transferred into the ownership of Russian citizens.
In our country, at different times, apartments and residential real estate could be owned by the state, on the balance sheet of enterprises, or owned by a collective farm or cooperative. Such apartments are not subject to privatization. Also, the category of housing that cannot be privatized includes apartments that are in a state close to destruction, if the property is located on the territory of a military unit or has the status of a dormitory. And the people living there cannot privatize such housing.

Features of privatization

Only housing in which people live under a social tenancy agreement, where the landlord is the state, can be privatized. The person who signed the agreement with the municipality will be the tenant, and all those who live with him in this apartment are endowed with equal rights and responsibilities, and in the future will have the right to privatization.

According to the law, people who are registered in this apartment can exercise the right to privatization. Minor children are required to register.

Timing and costs

Registration of a technical passport takes up to 10 days, and consideration of the application cannot last longer than 60 days (Article 8 of Law 1541). When participating in the privatization of children, the total duration of the procedure is increased by 2-3 weeks to obtain permission from the guardianship service.

The state duty for free privatization of housing is not charged , according to Art. 7 of Law No. 1541, but registration of a technical passport at the BTI is a paid service, the cost of which is 1500-2500 rubles.

Thorough preliminary preparation will help speed up privatization, for example, checking the presence of an illegal redevelopment act in order to avoid refusal after considering the application for a long time.

You can simplify and speed up the collection of documents by contacting a law firm, whose specialists will organize the collection, execution and submission of documents by proxy in a short time. The cost of legal services is 3,000-10,000 rubles.

You will learn how sick leave is paid in our thematic material. Proper payroll calculation is very important. Find out about the important nuances of this process in our professional article.

Did your business trip fall on a weekend? Study this material!

What is municipal housing? Privatization of municipal housing: step-by-step instructions

First, you should consider which premises are not subject to this procedure. You will not be able to privatize housing in a military camp, hostel, or emergency apartments. The service area also cannot be obtained into ownership.

Whatever the advantages and disadvantages of municipal rental housing, it is not free. That is, you will need to pay some amount monthly for services. Therefore, you should take a closer look at what you will be paying for.

Important points

Privatization of housing free of charge is permissible only once in a lifetime, but the exception is for persons who took part in privatization under 18 years of age. Upon reaching the age of majority, such persons retain the right to one-time privatization (Article 11 of Law No. 1541).

It is important to take into account that consent to the privatization of the housing of neighbors living in the same apartment with the applicant is not required if the initiator of privatization formalizes the rights only to the share due to him. A ban on privatization at the request of neighbors is possible only if the neighbors prove that the registration of property rights by the applicant violates their legitimate interests.

When registering rights to municipal housing by a married person, the living space is privatized into the joint ownership of the spouses, regardless of the date of receipt of the residence order.

After the privatization of housing, the participants specified in the application become the owner of the apartment, the living space passes to them from the municipal owner under a transfer agreement.

What is council housing and how to get it

• Deprivation of parental rights (a situation that threatens the life and well-being of minors).
• Use of living space for purposes other than its intended purpose.
• Damage to residential premises along with refusal to pay for the damage.
• Periodic violations that were registered by the district police officer.
• Constant complaints from neighbors.
• Completion of the social tenancy agreement.

1. Military personnel in reserve.
2. Large families (3 children or more).
3. Veterans of war and labor.
4. Some categories of disabled people.
5. Low-income people (whose cost of living does not reach a certain limit prescribed by federal law).
6. Orphans.
7. Relatives of those killed in combat.

10 Jun 2020 lawurist7 1240
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