What documents are needed to register ownership of an apartment under a privatization agreement?

Privatization is the transfer of housing owned by the state/municipality into the ownership of citizens. It is possible to privatize not only apartments, but also rooms, non-residential premises, and land plots. Non-privatized housing can only be used, while privatized housing can be sold, donated or exchanged.

Let's consider how to register ownership of a privatized apartment, under what circumstances you may encounter a refusal to carry out the procedure.

Registration of property rights

First of all, you need to go to the registration authority with an application

for the transfer of ownership of the object.

The application will need to include the following information:

• name of the authorized body;
• information about the applicant: full name, passport details, registration and residence address, e-mail and contact telephone number;
• please provide the housing privatization service at the specified address;
• an indication of the choice to send a decision on the application;
• signature, transcript and date of application.

Applicants must prepare the following package of documentation, attaching it to the application:

1. passports of procedure participants;
2. permission from guardianship officials if children are involved in the procedure;
3. a certificate of payment of the state duty (or a document that proves the existence of grounds for exemption from its payment);
4. social rent agreement or order for residential premises;
5. refusal of privatization applicants who do not want to participate in the procedure;
6. certificate of people who have the right to use housing.

The application along with the documents is reviewed within 2 months

. As a result, the applicant will receive either a negative decision or an agreement to transfer ownership of the residential property.

If the rights to the object were obtained before 1999, then they are legally valid even if registration is not carried out.

Apartment row

• Attention:
  Receipt for payment of state duty.
• Statement of the established form.
• Identity documents.
• Power of attorney, if re-registration is carried out through a proxy.

What will we get in return? After registering your rights, you will receive title documents and, most importantly, a certificate of state registration. This is a strict reporting document that has an accounting series and number.

Housing law

Published on the website: January 31, 2008 01:59 Publication in the newspaper: No. 3 (678) dated January 31, 2008 Happy anniversary to you! Today is just ten years since a special procedure for registering rights to real estate began to operate in Russia. It was put into effect by Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it.”

The law came into force on January 31, 1998. From now on, rights to real estate and some types of transactions with it are subject to mandatory registration in the Unified State Register of Rights to Real Estate and Transactions with It (USRP).

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And now, in addition to the basis document (listed above and others), there must be a certificate of state registration of ownership (additional document). Old and new rights to an apartment: register urgently, you can wait, no need to worry On January 31, 1998, Federal Law No. 122 “On state registration of rights to real estate and transactions with it” came into force.

From this moment on, rights to real estate and some types of transactions with real estate are subject to state registration in the Unified State Register of Real Estate and Transactions with It (USRP). Thus, if you bought, received as a gift or inheritance, etc.

Documents for the sale of real estate If the right to own property arose before 1998 and the owners did not submit information to Rosreestr, then the seller does not have such a certificate.

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Tax Code of the Russian Federation (for state registration of rights, restrictions (encumbrances) on rights to real estate, contracts for the alienation of real estate). No problem at all. Continue the dialogue Pay for response Send thanks to https://money. in person messages (prepayment, see above).

• if the contract bears the BTI mark (blue stamp with the registry number(), then the contract has legal force. To obtain a certificate of registration of property rights at the request of the applicant, contact the Russian Register.

If there is no such BTI mark in the contract, then only to the court for recognition of ownership rights through privatization. Continue the dialogue Pay for response Drawing up statements of claim, complaints, claims and other procedural documents. The law is like a pillar. You can't jump over, but you can go around.

Until 1998, property rights and encumbrances were registered with the Bureau of Technical Inventory (BTI). In order to carry out the alienation of property today for which there was no certificate of ownership, it is necessary, instead of a certificate, to obtain a certificate of ownership of the property and the absence of arrests from the Design and Inventory Bureau of the City Department of Inventory and Real Estate Valuation (PIB GUION). Hello! My mother privatized the apartment on August 31, 1992.

An agreement was issued for the transfer of apartments into the ownership of citizens, signed by the deputy head of the city administration and registered with the local administration. Based on this agreement, it was entered into the registration book in the BTI. Is it necessary to obtain a certificate of registration of property rights or is this document (agreement) sufficient to consider the apartment your property?

- a social tenancy agreement for residential premises, in its absence - a warrant for residential premises (Article 2 of the Law on Privatization); - documents containing information about the participation of all citizens of the Russian Federation living (registered) in the privatized residential premises in the privatization of residential premises or confirming the refusal of citizens of the Russian Federation who have the right to participate in privatization from the privatization of such residential premises (Art.

Federal Law No. 218-FZ dated July 13, 2015, state registration of the right to an apartment that arose before January 31, 1998 is mandatory if there is a need to sell the property. Citizen R did not take the necessary legal actions.

If municipal or state ownership rights to residential premises arose after January 31, 1998, then state registration of a citizen’s rights to real estate is carried out after registration of ownership rights by authorities. Shared ownership during privatization Persons who live in an apartment on the basis of a social tenancy agreement have the right to privatize the property either for one owner or for common ownership. The common ownership of the property is shared.

Drawing up a privatization agreement

The agreement must contain data that will be entered into the Unified State Register of Real Estate:

• privatization participants and persons who refused the procedure;
• date of privatization;
• signature of a representative of the institution responsible for the housing stock and future homeowners;
• address of the residential property being privatized, its area, number of rooms;
• number of floors and other information about the property that identifies the housing.

Owners over 18 years of age sign the agreement independently or through an authorized representative. If the owner is a child aged 14-18 years, then he puts his signature on the agreement with the permission of his parents and guardians. If the child is under 14 years old, then the parents/guardians sign the contract for him.

The agreement signed by all applicants will subsequently need to be sent to Rosreestr

.

Shared ownership

Housing can be privatized for several people. The total cost becomes a fractional cost.

Necessary:

• obtain written permission from all owners to carry out the privatization procedure;
• obtain a written refusal from people who do not agree to privatization in favor of other owners (it is impossible to obtain a refusal in court - it must be voluntary, certified by an employee of a notary agency);
• obtain permission from guardianship officials to conduct a transaction if disabled people and children live in the apartment.

Privatization of a separate share of a residential property is not permitted.

Registration of ownership rights to a privatized apartment

If ownership of the object is recorded in the register, then the rights to it will be registered within 7 working days

.

Immediately after registration of rights, the contract for the transfer of an object comes into force.

If there is no data in the Unified State Register of Real Estate, then the property should be registered in the cadastral register, and then the right should be registered with the body responsible for the housing stock. After this, the transfer of ownership will be registered for the applicant.

How is privatization registration carried out?

• Document confirming payment of the state fee and its copy.

1. Law establishing documents (agreements, acts, court decisions, agreements on division of property, marriage contract, etc.)

1. — agreement on the transfer of property in two copies;
2. — passport, birth certificate (for children);
3. — a copy of the cadastral plan;
4. — act of acceptance and transfer;
5. - a statement from the one who transfers the apartment and from the one who accepts;
6. — receipt of payment of the state fee for registration.
7. — extract from the cadastral passport;

To register the transaction, you will need an agreement on the transfer of real estate in two copies, signed by the manager of the Housing Policy Fund, the head of the local municipality and all family members who participated in the privatization, as well as an apartment acceptance certificate signed at the district administration.

• It is necessary to be present only at the final signing of documents;
• all certificates will be properly completed.

But at the same time, the cost of lawyers’ work is quite high. This option is convenient for those who cannot spend a lot of time completing the required papers.

What laws govern? The privatization procedure is regulated by Federal Law-1541-I. Article 217 of the Civil Code of the Russian Federation determines the procedure. Procedure of action It is of great importance to adhere to a certain procedure when registering the privatization of an object:

• collecting all necessary papers and documents;
• filling out a request;
• submitting an application and a package of documents to the authority;
• registration of ownership of the object;
• registration of ownership of the premises in Rosreestr or MFC.

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The registration procedure is not that complicated, but it may require time and money.

State duty

Privatization does not require payment of state duty. You will only need to pay a fee when registering the transfer of ownership of a privatized property.

Individuals must pay a duty of 2 thousand rubles, organizations – 22 thousand.

If an object is acquired as shared ownership, then each future home owner pays a share of the fee in the appropriate amount - according to his share in the apartment.

There are 2 options for paying the state fee:

• cash;
• in non-cash form - having received a payment order with a note from the financial institution about its execution.

The state fee must be paid before the documentation is delivered to the registering institution. Otherwise, authorized persons will refuse to accept the application for registration.

Where can I apply?

Many citizens are wondering how to register in a new apartment. To do this, you just need to submit an application to the MFC and the issue will be resolved in a short time. In fact, there are several ways to register in a new living space.

You can submit documents for registration in several ways:

• through the MFC ("My Documents" department);
• with the help of the migration service;
• passport office of the management company (homeowners association or housing cooperative);
• through the State Services Internet portal (you will need to create a personal account on the official website, enter your login and password and fill out the form).

The registration procedure and maintenance of the corresponding database is carried out by the FMS. Multifunctional centers or passport offices only accept applications and forward them to the service. After registration, the documents are returned to the place where they were submitted.

Registration procedure period

The time required to complete the registration procedure at a new place of residence is from 5 to 7 days. This period cannot be increased, even if the person has not deregistered from the old address.

The extract is carried out by FMS employees simultaneously with registration. Thus, the time for deregistration will last as long as the time for registration at the new place of residence.

If the applicant does not attach to the application title documents for the apartment or documents confirming the legality of residence, the period will be increased to 10 days. Because, otherwise, the service will be forced to request it independently from other government agencies.

In case of registration via the Internet, the procedure takes from 3 days. After submitting a set of papers through the official website of government services, the applicant is notified of the need to visit the registration service office within three days. You need to have your passport with you. Registration is carried out directly on the day of the visit.

Upon registration, a citizen will receive:

• a passport with a registration stamp affixed to it (from the age of 14);
• registration certificate (for young children under 14 years old).

Information about registration is stored in the database of the Federal Migration Service. Copies of submitted papers are also kept by the FMS.

Nuances of registration in privatized housing

There are 2 options for registration in a privatized apartment:

• Registration of persons who are not the owner. For this purpose, written consent of all owners is required. There is no need to obtain permission from citizens registered in a privatized apartment who are not owners;
• Registration of the owner of the property. In such a situation, no approvals are required. Even if the apartment is in shared ownership, then no one can prohibit him from registering in his living space.

You should know that during registration in a privatized apartment, the requirements for living space standards per person are not applied. Any number of persons can be registered in the housing. But you need to take into account that there is liability for illegal (fictitious) registration. If a huge number of citizens are registered in an apartment (so-called “rubber apartments”), then violators of migration rules may be subject to administrative or criminal penalties in court.

When going through the registration procedure for an apartment that is privately owned, at the passport office or at the MFC, the personal appearance of all home owners must be ensured, except for minors.

If it is impossible to ensure personal presence (the owner is an elderly person who cannot move independently or is in another region), then he has the right to grant the authority to give permission to his representative on the basis of a power of attorney issued by a notary.

Is it necessary to register in the purchased apartment?

It is not at all necessary to register in the purchased apartment; this issue depends only on the owner.

Registration in a municipal apartment

When registering for an apartment owned by the municipality, the personal presence of the citizens registered in it, with the exception of children, is required. Registered persons have the right to issue a power of attorney to one of them. Also, the application for registration itself can be notarized, as in relation to a privatized apartment.

The lessor, represented by the local government authority, issues a document signed and stamped by an official.

There are two options for registering in a municipal apartment.

Close relative

In the case of registering a close relative, the living space standards for 1 person do not apply, as well as for privatized housing.

Outsider

Registration of an outsider is acceptable if:

• the consent of all registered persons has been obtained;
• approval from the municipality has been obtained. It is required to present a social tenancy agreement, a warrant, or simply consent in writing.
• compliance with established standards for living space per person.

The amount of living space per person is determined at the level of regional legislation (for example, in the Moscow region the norm is 18 sq. m. per person).

Such information can be obtained from the local government authority or the Housing Inspectorate. If, during the registration process, non-compliance with housing registration standards is discovered, registration will be denied. The calculation takes into account the total living space and the number of registered citizens, regardless of the fact of residence.

Costs and processing times

In addition to the state duty indicated above, there is no need to make other expenses, however, additional expenses may be necessary. For example, the applicant does not have the opportunity to personally participate in the procedure. In this regard, he issued a notarized power of attorney for his legal representative, paying for the services of a notary agency in accordance with the price list.

The timing of consideration of the application depends on where the applicants applied:

• when contacting Rosreestr, the result will be ready in a maximum of 2 weeks;
• the same terms apply when visiting the MFC;
• when using the public services portal, the period can be up to 17 days.

The deadline also depends on other factors - the workload of employees, the presence of queues.

When submitting documents, you must obtain a receipt from authorized persons confirming their acceptance. The receipt confirms the responsibility of a specific employee for the accepted package of documents and contains the date of receipt of the application. It cannot be lost - upon provision of the service it will be exchanged for a certificate of rights.

After the service is provided, applicants will be given a certificate of registration of rights. In it, residents will find the basic requirements put forward to the owners and to the property. This certificate will need to be provided if you wish to carry out certain transactions with housing.

What ownership documents are issued after the privatization of an apartment?

According to the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” ownership of an apartment or other real estate previously owned by the state passes to the citizen after privatization.

Let's look at what documents are issued to citizens when privatizing an apartment and why they are needed. When buying an apartment, you have to draw up many different certificates and documents.

And finally, after numerous efforts and trips to the authorities, the long-awaited apartment becomes yours.

But it’s too early to relax, since you have to continue working with the newly received documents. Until 2020, after the privatization of his residential premises (apartment, house) or plot of land, a citizen received a Certificate of Ownership. The document confirmed the fact of a transaction between the state or municipality and the citizen.

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The certificates were issued by Rosreestr. These documents were necessary for any property that was registered by law: for a building, apartment, structure, private house, cottage, land plot.

Attached to them was a document containing information on the basis on which the Certificate was issued. After July 15, 2017, Apartment Privatization Certificates are no longer issued. Emerging and transferable rights to real estate are confirmed only by an extract from the Unified State Register (USRE). Important! Certificates of privatization of an apartment do not need to be replaced with extracts; these documents are still legal. The package of documents may also include an apartment purchase agreement, which contains all the necessary points regarding the transfer of rights to the new owner.

An apartment transfer deed is drawn up when purchasing a new apartment from the developer. If a citizen participated in the shared-equity construction of housing, then he must also have the corresponding document. Having received important documents, you cannot stuff them somewhere, put them on a shelf or in a table along with other papers.

Evidence and documents of this kind must be kept