Why might you need a certificate of absence of privatization?
This document is taken to prove that you have not previously participated in the housing privatization procedure. That is, they did not receive any real estate from the state. This matters at the time when you are carrying out the privatization procedure. In the Russian Federation, this opportunity is given only once. Among other documents provided to the MFC at the stage of submitting documents for privatization (certificate of payment for all utilities, cadastral passport, registration extracts from the house register, technical passport, social tenancy agreement or warrant, passports), this certificate is also required.
How to obtain a certificate of participation or non-participation in the privatization of municipal housing in the Moscow region
Tenants of municipal housing have the right to free privatization only once. The government service for issuing certificates of participation or non-participation in earlier privatization is provided by the administrations of municipalities of the Moscow region. For information on how long it will take to receive the service and what documents will be needed, read the material on the mosreg.ru portal.
Who is the service intended for?
According to Russian legislation, a citizen can exercise his right to privatize housing once free of charge. is provided to residents of the Moscow region who are tenants of municipal housing under a social rental agreement and wish to privatize it.
To confirm his non-participation in an earlier privatization of housing, a person will need a corresponding certificate. If a citizen has several places of residence at the time of privatization, he will need to submit certificates from each of them.
All family members living in the apartment who have not previously privatized housing can take part in privatization.
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Where to apply
Source: Photobank of the Moscow region, Oksana Kalmykova
For the service, the applicant or his representative can contact the municipal administration of the Moscow region in person, through the multifunctional center, as well as through the regional portal of state and municipal services, using the electronic application form.
After reviewing the application and a set of documents, the applicant receives a certificate of participation (non-participation) in privatization or a refusal to participate in it.
Terms of service provision
The maximum period for providing the service is 15 days. Registration of the application and documents will take one business day.
A citizen of the Russian Federation or his representative can apply for the service.
Required documents
Source: RIAMO, Alexander Kozhokhin
When applying for a service, a citizen must submit an application for a certificate of participation or non-participation in the privatization of municipal housing stock, as well as an identification document.
Depending on the circumstances, additionally presented:
— a power of attorney confirming the authority of the applicant’s representative to act on his behalf;
— identification document of the applicant’s representative;
— documents confirming the change of surname, name and patronymic of the applicant or his family members;
- original extract from the house register from the place of residence;
- an archival extract from the house register containing information about citizens who have ever been registered in a residential premises;
- a certified copy of the child’s birth certificate.
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Appealing a refusal to provide a service
An applicant may be denied a government service if:
- the documents and application contain contradictory or unreliable information,
— the form or content of the submitted documents does not comply with administrative regulations,
— the application was submitted by a citizen who does not have the appropriate powers.
The applicant has the right to complain against the municipal administration, official or municipal employee if he is not satisfied with their actions or decisions. In particular, the grounds for filing a complaint may include violation of the deadlines for registration of documents, applications and provision of services, as well as the demand from the applicant for payment and documents not provided for by the administrative regulations. The complaint can be sent to the administration of the municipality, multifunctional center or the Ministry of Public Administration and Information Technologies of the Moscow Region.
Details of the appeal procedure can be found on the Portal of state and municipal services of the Moscow region.
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What should the document itself look like?
A document indicating non-participation in the privatization procedure is drawn up according to Form No. 2. It is called “Notification of the absence of the requested information in the unified state register of rights to real estate and transactions with it.” It indicates the type of information required and standard information about the copyright holder contained in these documents: date of birth, citizenship, series and number of passport, registration. It also contains information about the registration of each tenant and the characteristics of family ties between the owner of the social tenancy agreement and other residents who have a residence permit. The document is signed by the leading specialist-expert of the Federal Service for State Registration, Cadastre and Cartography.
There is no difference between a document for a room, apartment, land plot or residential building.
General provisions
It is worth noting that this certificate is not always mandatory.
According to the current legislation of the Russian Federation, a certificate of non-participation in the apartment privatization procedure is required if the citizen who indicated his intention to privatize a communal apartment changed his place of residence after 1991. If a person has been registered at the same address throughout his life, then, as practice shows, no one requires this certificate.
Who should I contact for help?
Information about the privatized area and property is stored in the state register of rights to real estate and transactions with it (USRP). Access to this information is limited and cannot be obtained freely, but this can be done through intermediary organizations. The easiest way is to contact your local BTI (technical inventory bureau). It is they who archive all the inventory files for residential properties and transfer them to the same register of rights to real estate.
Important to note:
- BTI provides information on the presence or absence of ownership of real estate in the period 1991–1998;
- This certificate can only be obtained by the owner of the property for which information is requested. This can also be done by his authorized representative, confirmed by law. When applying, you will need a document confirming your identity;
- You need to contact the BTI at the location of the property in which the citizen was previously registered. That is, if you were registered in other cities, you need to send a request to the local BTI of these cities;
- if you were a citizen of another state, then you do not need to send requests to the BTI in that country. Property in other states does not need to be indicated on the certificate.
You can try to apply for a document at the passport and visa center or the chamber of cadastre and cartography through the state multifunctional center, as well as at Rosreestr.
When they can refuse
The issuance of this certificate may be refused if a citizen:
- did not provide all the necessary information;
- did not submit the documents on the basis of which the certificate is issued.
Appeal procedure
The applicant has the right to appeal the decision of the government agency in court. The reasons may be:
- violation of the deadline for issuing a certificate of non-participation in the privatization procedure;
- refusal to issue a certificate;
- refusal to accept documents;
- requirements for documents that are not provided for by law when preparing a certificate of non-participation in privatization;
- other.
In this case, the citizen will need to file a claim with the court at his place of residence. During the investigation, it will be determined whether there were violations on the part of the body to which the citizen previously applied. If illegal actions have been identified, the citizen will be issued a certificate by the local administration.
Fill out the application
To receive the required certificate, you need to fill out an application. It indicates the series and number of the passport, date of birth, and residential address. Then you can enter in the application of your family members the place and time of drawing up the document. And do not forget to express the request for the issuance of the document.
If you submit an application to different regional BTIs, you must indicate the period of residence in this region.
One sample application must be accompanied by:
- copy of passport;
- copies of passports of family members indicated in the application;
- other identification documents (birth certificate, marriage certificate);
- a receipt for payment of the fee (the fee is paid to the state register account for an extract of rights to real estate, but not to the BTI).
The application will need to indicate the purpose of the requested document. If a certificate is needed at the time of completing the privatization procedure for municipal housing, then you should indicate your intentions in the column as clearly and concisely as possible.
Where can I get a certificate of non-participation in privatization?
You need to apply for a certificate from the unified state register of rights to real estate and transactions made with it. This can only be done by technical service bureau employees who are contacted with an application. Therefore, first of all, you need to go to the BTI at the location of the property to get a certificate.
Through the state multifunctional center (MFC), you can contact the BTI at early registration places where you cannot appear in person. They will help you submit a written request to the department you need and speed up the process of receiving a response. The MFC will not provide information if you request a certificate that proves the non-use of the right to privatize property in the period from 1991 to 1998. You should apply for it only to the regional technical inventory bureaus.
Validity and cost
As for the cost of this certificate, the Multifunctional Center and Rosreestr will issue it to the citizen completely free of charge. If a citizen contacts the BTI, then this service is paid and costs on average from 200 to 5,000 rubles, depending on the circumstances. Its cost differs depending on the region and the prices established in it for the preparation of documents.
If a citizen does not have the opportunity to prepare documentation, then he can do this through a proxy or through a real estate agency. If he uses the latter, he will have to pay for the services of a realtor.
As for the timing, on average, a certificate of non-participation in the apartment privatization procedure is issued in ten working days.
What other documents are required to obtain a certificate?
First of all, a previously completed application with a request for an extract and a photocopy of the passport is submitted to the BTI, MFC or Rosreestr. Also, the government agency providing the service may require:
- social rental agreement;
- archival extract of registration from the house register;
- current extract from the house register.
If the request does not come personally from a participant in the privatization process, you must provide a notarized power of attorney.
Documents have different validity periods, be sure to check them to ensure they meet all requirements before submitting.
Registration of a certificate of ownership of an apartment
After receiving the privatization agreement, all participants or a proxy apply to register rights and issue a certificate of ownership of the apartment at the Registration Chamber (receipt time is from two weeks, the state fee will be one thousand rubles).
List of papers:
- cadastral and technical passports;
- certificate from Rosreestr;
- refusal of privatization of persons not participating in it, endorsed by a notary;
- passports of all participants in privatization and birth certificates of the child;
- certificates from the house register for each participant (from the new and previous place of residence);
- social order or agreement hiring;
- privatization agreement from all participants;
- power of attorney, endorsed by a notary (if the papers are drawn up by a proxy);
If you have debts on utility bills, you need to pay them off, because... if you submit a complete package of documents for privatization, it will not be accepted.
If the privatization is completed by an outsider, it is required to obtain a notarized power of attorney for him to draw up papers for the privatization of the apartment. It is advisable to have the original and notarized photocopies of the power of attorney available.
And how much to pay?
In fact, a certificate of non-participation in privatization is issued by the state free of charge. Applications submitted through the MFC and the local administration (these institutions process information about the property in which the citizen has been registered exclusively since 1998) are processed by the authorities independently and do not require any investment at all.
A slightly different situation arises when contacting the BTI. As already mentioned, in this case you will have to pay a state fee - 220 rubles. This is due to the fact that the BTI will apply for an extract from the archives of the Unified State Register of Real Estate, confirming the absence of other housing in the property, which in turn is paid.
If you have to apply for a certificate through Rosreestr, then there is also an extract fee ranging from 500–2000 rubles. The specific amount depends on the number of real estate owned by the customer.
Where to get a certificate
This document can be obtained from the following institutions:
- in BTI (Bureau of Technical Inventory);
- in Rosreestr;
- In the local administration;
- In the Multifunctional Center;
You can obtain a certificate of non-participation in privatization by simply making an oral request. There are cases when it is necessary to submit an application to obtain this document. The application should adhere to the form and indicate the following information:
- in the upper right corner you need to indicate the organization to which the application is being submitted and information about it;
- In the same place, indicate information about the applicant himself - full name, passport details;
- the main part indicates the reason for the application and the request for the issuance of this document;
- At the end of the application, the date when it was written is indicated and the applicant’s signature is placed.
You can ask for a copy of the form at the institution to which you will submit it.
