Is it possible to claim an inheritance if the apartment is not privatized?

Inheritance of real estate without privatization

According to the law, the privatization procedure is considered to be a mechanism for transferring state property into the personal property of an individual.

Real estate is considered the official property of the person living in it only after registration of the right to a residential property (registration of privatization). If such a procedure has not been carried out, potential heirs may experience a number of difficulties when registering the apartment as an inheritance under a will or by law.

If the testator dies before the completion of the privatization procedure, the residential property retains the status of state or municipal property. Accordingly, according to the law, the deceased is considered the tenant of the property, but not its owner.

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Arbitrage practice

The plaintiff asked the court to recognize her by inheritance as a 1/2 share of a one-room non-privatized apartment.

In support of her stated claims, the plaintiff explained that the apartment belongs to the municipality and was provided under a rental agreement for her deceased mother.

The mother intended to privatize the housing, but died before she could do this. The intention to take the necessary legal actions is to conclude an agreement with the BTI on the preparation of a technical passport.

The plaintiff’s sister O. was also registered in the apartment, who has now registered the apartment and privatized it for herself.

Considering the mother’s appeal to the BTI as an intention to privatize the housing, the plaintiff asked the court to recognize the apartment as inherited property, subject to division between the heirs.

The court refused to satisfy the claim, considering that the tenant’s request for a registration certificate did not indicate his intention to privatize the housing; the corresponding application was not submitted.

The appellate instance overturned the judicial act, deciding that the conclusion of an agreement with BTI is evidence of the will of the employer.

Moreover, the employer issued a notarized power of attorney for the plaintiff to carry out actions related to privatization.

The Judicial Collegium of the Supreme Court of the Russian Federation upheld the decision of the trial court without change, canceling the judicial act of appeal.

The basis for canceling the appeal ruling was the lack of evidence of the completion of the actions necessary for privatization.

The application for privatization is considered by the municipality within 2 months. The transfer of housing is completed free of charge, taking into account the requirements of Articles 7 and 8 of the Privatization Law.

The death of a responsible tenant cannot be an obstacle to the inheritance of a non-privatized apartment by his relatives.

A mandatory requirement is the intention to privatize the housing provided under a rental agreement.

The Supreme Court directly indicated what exactly could be considered an intention to privatize (clause 8 of the resolution of August 24, 1993 No. 8).

Expression of the tenant's will to take actions aimed at privatization is considered a mandatory condition for recognition of his intention.

The desire to privatize without taking actions confirming the expression of will cannot be recognized by the court as sufficient evidence of his intention.

Tags: live, apartment, possible, inheritance, non-privatized

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Who has the right to inherit a non-privatized apartment by law

The right to inherit an apartment belongs to a circle of persons recognized as the direct heirs of the deceased. According to the law, the heir has the right to petition for the inclusion of residential premises in the inheritance estate.

To successfully implement this process, it is necessary that the following procedures be completed before the death of the testator:

1. Before his death, the testator submitted an application for privatization of the real estate property to the relevant registration authorities.
2. Before the moment of death, the testator provided the relevant authority with a complete package of documents.
3. At the time of the testator’s death, there is no fact that the application for housing registration has been withdrawn.

If the above circumstances exist, the heirs can include the non-privatized apartment in the inheritance estate (in accordance with Resolution of the Plenum of the Armed Forces of the Russian Federation dated August 24, 1993 No. 8).

It should be noted that the circumstances under which the testator died before state registration or before the execution of an agreement for the transfer of a residential property into his ownership are taken into account.

Is it possible to claim an inheritance if the apartment is not privatized?

» Inheritance by law September 3, 2020

Is it possible to inherit non-privatized housing?

Under what conditions can inherited non-privatized housing be registered as property?

Dmitry Pitirimov, leading legal consultant of the legal

In accordance with paragraph 1 of Article 1112 of the Civil Code of the Russian Federation, the inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. The day of opening of the inheritance is the day of the citizen’s death.

It is important to emphasize that the inheritance can only include those rights and obligations that the testator himself had during his lifetime. Thus, if the apartment was not privatized at the time of the testator’s death, it cannot be included in the inheritance mass.

It should be remembered that, by virtue of Article 1120 of the Civil Code of the Russian Federation, the testator has the right to draw up a will containing orders for any property, including those that he may acquire in the future.

Thus, the tenant (tenant) under a social tenancy agreement has the right to bequeath a non-privatized apartment. which will be included in the estate only if it is privatized at the time of the testator’s death.

But if the apartment remains unprivatized at the time of the testator’s death, the heirs have no right to claim it, and the owner of the specified object will be the local government body. In this case, by virtue of paragraph 2 of Article 672 of the Civil Code of the Russian Federation, a social rental agreement for the specified apartment is concluded with one of the tenant’s family members, provided that he lives in the apartment.

At the same time, the inheritance mass includes not only property, but also special rights that provide the heirs with the opportunity to acquire property rights that the testator did not have at the time of opening the inheritance.

First of all, this concerns the right to privatize housing. provided under a social tenancy agreement. If the testator, during his lifetime, expressed his will to privatize such residential premises by sending an application (with all necessary documents attached) to the authorized body, but did not have time to draw up a transfer agreement and register ownership due to death, the right to complete privatization and purchase the specified residential premises passes to his heirs.

Thus, taking into account the provisions of Articles 2, 7, 8 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” and taking into account the explanations on their application contained in the judicial practice of the Supreme Court of the Russian Federation, the inclusion of housing in the inheritance estate is possible only in the case when the testator (tenant) expressed his will to privatize it in the form of an application, submitted this application to the state body involved in privatization with the necessary documents attached, but did not have time to formalize the agreement on the transfer of the residential premises for reasons beyond his control. In this case, the heirs have the right to demand in court the inclusion of the disputed apartment in the estate and recognition of their ownership of it in the order of inheritance.

Inheritance of a non-privatized apartment

Inheritance of a non-privatized apartment is the right of a certain category of heirs who have a legal basis for this.

The Civil Code of the Russian Federation clearly states the list of citizens and the rules for the transfer of non-privatized property into the hands of heirs.

Let us pay attention to the following features of registration of a non-privatized apartment by right of inheritance, which have a legal basis for 2020:

• Who can inherit a non-privatized apartment?
• How to register an inheritance after the death of the testator?
• Is it possible to bequeath or sign a deed of gift for a non-privatized apartment?

Grounds for inheriting non-privatized property

According to the law, persons who are direct heirs can inherit a non-privatized apartment. The Civil Code of the Russian Federation states that only an heir can participate in the registration of a non-privatized apartment for inheritance. To complete this procedure, it is necessary to take the following steps even before the death of the tenant:

1. An application for privatization of a residential apartment must be submitted to the registration department.
2. The citizen (employer) must complete all necessary documents to complete the privatization process.
3. The registration department should not have an application to revoke the privatization of property.

If all the above conditions have been met, then, in accordance with the Resolution of the Plenum of the Supreme Court of August 24, 1993 No. 8, the heirs have the full right to apply for inheritance of non-privatized property after the death of the owner-tenant.

When considering the case, it will be taken into account that the testator submitted all the necessary documents, but did not have time to formalize the privatization before his death and did not receive the residential premises as personal property according to the law.

Sequence of actions after the death of the owner

Based on Article 672 of the Civil Code of the Russian Federation, heirs have the right to remain living in a non-privatized apartment after the death of the owner-tenant. provided that they previously lived together. At the same time, every relative has the right to conclude an agreement to rent a non-privatized apartment. To do this, he should contact the housing fund.

The legal heir of a deceased citizen-tenant may be a full-fledged person to enter into an agreement for a non-privatized apartment in order to retain the right to continue living in it.

After concluding an agreement on the basis of Law No. 1541-1 of 04/04/1991, the official tenant has the right of inheritance and begin the process of privatization of the registered property. In this regard, it is necessary to discuss in advance who will have the right to register their housing.

Lack of inheritance rights

Property that was left after the death of the owner can be privatized on the basis of a social tenancy agreement, and not on the right of inheritance.

It should be noted that the right to conclude an agreement on the continuation of social rent in the housing department has a citizen who lived with the owner until his death.

Other heirs do not have this right and cannot inherit a non-privatized apartment.

What is not subject to privatization?

The law of the Russian Federation specifies a list of housing that is not subject to privatization and cannot become the property of the tenant:

The importance of apartment privatization for heirs

To begin with, it is worth noting that during the privatization of property, the state transfers it to the full disposal of the citizen. It happens that during his lifetime the heir did not have time or was unable to privatize the apartment, this subsequently leads to legal proceedings.

Any real estate in the form of an apartment, garage, land plot and residential premises can become the property of a citizen only after the official execution of documents in which ownership rights will be registered.

If the privatization procedure did not occur during the citizen’s life, then subsequently the heirs may encounter a number of problems when re-registering the apartment as their property.

In a situation where the heir dies and the privatization procedure is not completely completed, the apartment remains the property of the state or the city council, with which an agreement was once concluded on the social rental of the premises where the tenant lived. In such circumstances, a citizen cannot become the official owner, but only a tenant of the apartment.

Stages of registration of non-privatized property

Let's look at how to inherit a non-privatized apartment. This procedure includes three main steps:

Application Form

After the death of the owner-tenant, the heirs need to contact the registration department in the area where the apartment is located to begin the procedure for re-registering the rental agreement and further privatization of the property.

At the registration department, the relative of the deceased will need to fill out a corresponding application, to which documents will be attached confirming the citizen’s right to a non-privatized apartment.

Collection of documents for privatization

Before starting the privatization procedure, the citizen-heir should collect a certain list of documents:

Review and privatization of property

The heir transfers the package of documents to the registration department, where the citizen’s right to privatize the property will be considered. Law enforcement agencies will verify the accuracy of the submitted papers through requests to the relevant government departments.

If no controversial issues arise, the registration department calls the heir to draw up an agreement for the privatization of the apartment and transfer it into personal ownership.

After drawing up and officially registering the agreement, the applicant citizen takes legal possession of the property. After this, all data is entered into the Unified Register, and the apartment is the full possession of the heir.

It follows from this that a citizen who lived together with the owner of the property can begin to draw up documents for the privatization of an apartment after the death of the owner. Before completing all documents for privatization, the heir will need to register a social tenancy agreement in his name. After this, he can submit documents to the authorities for the successful privatization of the inherited property.

Is it possible to draw up a will for a non-privatized apartment?

Is it possible to bequeath a non-privatized apartment?

Yes, you can draw up a will for inherited property not only for the property at the disposal of the testator at the time of drawing up the document, but also for a non-privatized apartment that the heir may receive in the future.

When drawing up a will, the testator can generally bequeath all property (privatized and non-privatized), without specifically indicating each property separately.

When drawing up such a document, the legal capacity of the owner plays an important role; he must be of sound mind and absolutely capable.

In the process of privatization of real estate, the owner has the right to draw up a will, according to which, if at the time of death the apartment has not yet been privatized, then this right is transferred to the designated heir.

Guided by the third part of the Civil Code of the Russian Federation, Chapter 62, in the presence of a will, the transfer of property will be carried out according to the will of the owner-tenant. Thus, non-privatized property is inherited by a citizen, who can subsequently privatize it.

An exception to this resolution are heirs at law who have an obligatory share in the inheritance.

Is it possible to issue a deed of gift for non-privatized property?

A deed of gift differs significantly from a will, although it is a way of transferring property into ownership. While a non-privatized apartment can be bequeathed, it is impossible to donate this type of real estate.

A deed of gift can only be issued for the officially registered property of the heir.

Is it possible to donate a non-privatized apartment? The answer is clear - no. In this regard, the owner-tenant must privatize the residential premises and only after that begin the process of registering the donation of the property.

All issues related to inheritance: registration, procedures, deadlines, taxes, documents, shares, etc.

First of all, everyone asks the question: who will get all the inheritance? Read about the relationship between heirs, queues, division of property among themselves here

If a will is used when transferring an inheritance, then all the procedures associated with it differ from the usual registration under the law; all the details are in this section

Many people transfer property using a deed of gift instead of a will; we will discuss the features, pros and cons of this document in this section.

Registration of an inheritance is not complete without a visit to a notary, why and when is it necessary, how much its services cost, you will find out here

How to inherit a non-privatized apartment

It happens that a citizen (himself or with his family) lives in a non-privatized apartment and dies without having time to privatize the premises.

Any real estate - apartment, garage, land - becomes private property only after state registration of ownership rights and receipt of appropriate supporting documents. Only in this case can the owner dispose of the property, including transfer it by inheritance (by law or by will). If the privatization procedure was not carried out during life, the heirs may face a number of difficulties in connection with the further ownership and disposal of housing.

The housing and civil legislation of the Russian Federation stipulates the rules for living in non-privatized residential premises and the procedure for transferring rights to it after the death of the tenant to relatives. This article will help you understand the legal intricacies of this complex and controversial issue.

Is it possible to bequeath and transfer a non-privatized apartment?

According to Article 1112 of the Civil Code of the Russian Federation, the inheritance includes property that belonged to the citizen by right of ownership at the time of death. It is logical that property that did not belong to a citizen cannot in any way be included in the inheritance mass. That is why a non-privatized apartment cannot be bequeathed or inherited by law - it is owned by the municipality or the state with which the deceased citizen entered into a rental agreement for residential premises. Relatives and dependents of the deceased cannot apply for state or municipal housing.

Real estate only becomes the property of the citizen living in it when he goes through the privatization procedure (transferring municipal or state real estate into private ownership) and registers ownership with the Rosreestr authorities.

What to do if a citizen-tenant died before he could privatize the housing? To regulate such fairly common cases, additional legislative norms are applied that allow relatives to retain the right to use residential premises and even acquire ownership of it. Let's look at them below.

Who is the heir if the apartment is not privatized?

So, if the testator died without privatizing a municipal or state apartment, none of the heirs can lay claim to this property - neither by law nor by will.

What can the tenant's heirs count on? There are two legal ways to resolve a real estate issue:

The circle of persons who can become heirs of the apartment if the court rules in their favor is determined on a general basis. Thus, if the tenant during his lifetime drew up a will, which determined the circle of heirs, the persons mentioned in the will, as well as dependents entitled to an obligatory share (minor children, disabled children, parents, spouse) can file a claim with the court. If the will was not drawn up or was declared invalid, the circle of applicants for the inheritance is determined according to the law - in order of priority.

The order and procedure for receiving a non-privatized apartment as an inheritance

After the death of a person living in a non-privatized apartment, his relatives have two options for acquiring ownership of the residential premises.

The order of actions of relatives depends on whether they lived together with the tenant, whether they were indicated in the social tenancy agreement as family members, and also on whether the privatization procedure was at least started during their lifetime.

Completion of privatization started by the testator during his lifetime

So, according to established legal practice, a sufficient basis for inheriting a non-privatized apartment can be the intention to privatize, which the tenant expressed before death. According to the law, intention is…

Even if after this death occurs, according to Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 (“On some issues of the application by courts of the law “On the privatization of housing stock in the Russian Federation”) of August 24, 1993, the heirs have the right to petition for the inclusion of a non-privatized apartment in the inheritance estate and inheritance on a general basis. When considering the case, it must be taken into account that the employer submitted (and did not withdraw) the application and all the documents necessary for privatization, but did not have time to complete the procedure before death.

As mentioned above, in such cases there is a high probability of a dispute arising with the state or municipal body that owns the apartment - it will have to be resolved through the court.

Conclusion of a social tenancy agreement by relatives of the deceased

Even if the tenant of the apartment did not apply for privatization during his lifetime, relatives still have the opportunity to continue living in the apartment and even purchase it as property. The basis for this is the provisions of housing and civil legislation.

According to paragraph 2 of Art. 69 of the Housing Code of the Russian Federation, the tenant of the apartment and his family members have equal rights and obligations in relation to the owner of the residential premises (state or municipality). If family members lived in the apartment together with the tenant, then on the basis of Art. 672 of the Civil Code of the Russian Federation, they have the right to live in residential premises even after his death.

Thus, guided by the norms of civil and housing legislation, it can be argued that family members of a deceased tenant have the right to use and own housing, and this right is indefinite for them. Moreover, this right is retained even for those who have ceased to be a family member, but continue to live in the apartment (for example, if the husband and wife divorced, but the ex-wife did not change her place of residence and lived with her ex-husband in the same apartment until his death).

Important point! The right to live in an apartment arises only for persons who are members of the family of the deceased, specified in the social tenancy agreement. The right to live in an apartment does not arise on the basis of being a relative (including first-degree heirs).

For example, if a grandmother and granddaughter lived in a non-privatized residential building, then after the death of the grandmother the granddaughter retains the right of residence. But her mother is the daughter of her grandmother, who, although she is a relative and heir of the 1st stage, does not receive such a right, just as she cannot become an heir to non-privatized housing.

What should family members do after the death of the employer?

The algorithm of actions is determined by Article 82 of the Housing Code of the Russian Federation: it is necessary to make changes to the rental agreement for residential premises, according to which one of the family members of the deceased (with the consent of the remaining family members) will acquire the status of a tenant. This will preserve the family’s right to live in residential premises, the right to dispose of it, as well as other rights provided by law. For example, subject to general consent, family members can accommodate other persons in residential premises in accordance with Article 69 of the Housing Code of the Russian Federation.

In addition, according to Federal Law No. 1541-1 “On the privatization of housing stock in the Russian Federation” dated July 4, 1991, they can submit an application for the privatization of an apartment and, after the expiration of the appropriate period, register the non-privatized apartment as private property. According to Articles 1 and 2 of the law, privatization is the free transfer of an apartment from the housing stock of the state or municipality into the private property of a citizen who uses it on the basis of a social tenancy agreement.

Consequently, privatization and acquisition of private ownership of an apartment after the death of a relative occurs not on the basis of inheritance, but on the basis of a renegotiated social tenancy agreement.

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IS IT POSSIBLE TO INHERIT A NON-PRIVATIZED APARTMENT?

The inheritance includes things that belonged to the testator on the day the inheritance was opened, and other property, including property rights and obligations (Article 1112 of the Civil Code of the Russian Federation).

Privatization of residential premises involves the free transfer into the ownership of citizens of the Russian Federation of residential premises occupied by them in the state and municipal housing stock (Article 1 of the Law of the Russian Federation of July 4, 1991 N 1541-1).

Thus, before privatization, the apartment is state or municipal property and cannot be part of the inheritance.

Conditions for including a non-privatized apartment in the inheritance estate

At the request of the heir, it is allowed to include residential premises in the inheritance estate if a citizen who wanted to privatize the residential premises submitted an application for privatization and all the documents necessary for this, did not withdraw it, but died before the execution of the contract for the transfer of residential premises into ownership or before the state registration of the right property (part 3, paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993, No. 8, paragraph 10 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on February 16, 2017).

The right to use a non-privatized apartment after the death of the testator

In the state and municipal housing stock for social use, residential premises are provided to citizens under a social tenancy agreement, under a rental agreement for residential premises of a housing stock for social use (Clause 1, Article 672 of the Civil Code of the Russian Federation).

Members of the tenant's family living together with him enjoy all the rights and bear all the responsibilities under the residential lease agreement on an equal basis with the tenant.

At the request of the employer and his family members, the contract may be concluded with one of the family members. In the event of the death of the tenant or his departure from the residential premises, the contract is concluded with one of the family members living in the residential premises (clause 2 of Article 672 of the Civil Code of the Russian Federation).

That is, if the heir - a member of the testator's family, under a social rental agreement for residential premises, lived in a non-privatized apartment together with the testator - the tenant, the right to live in this apartment is retained. Subsequently, the apartment can be privatized (Article 2 of the Law of July 4, 1991 N 1541-1). However, the rights to live in an apartment and to register its ownership are not related to inheritance, but to a social tenancy agreement.

If the heir and the testator-tenant did not live together in a non-privatized apartment, then the heir does not have the right to use such an apartment.

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Who has the right to inherit a non-privatized apartment by law?

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Inheritance of a non-privatized apartment is the prerogative of a certain group of citizens. The list of such persons and the conditions for receiving inherited property in the form of an unregistered apartment are regulated by domestic legislation.

The right to inherit an apartment without privatization

The privatization procedure usually means the transfer of state property into the personal ownership of citizens. Sometimes legal situations arise in which the testator does not have time to privatize his living space.

An object of real estate in the form of an apartment becomes the official property of the citizen living in it only after he registers his rights to it, that is, formalizes privatization.

If this does not happen, then his potential heirs may experience a number of difficulties when registering an apartment after the death of a citizen.

If there are circumstances when a citizen dies before the completion of the privatization procedure, the apartment remains the property of the state or municipality with which the testator once entered into an agreement on social rental of residential premises. This means that the deceased will remain a tenant of the property and will not be able to become its owner.

Inheritance of an apartment by law: who has the right?

The right to inherit an apartment by law belongs to persons recognized as heirs of a deceased person.

Only the heir can apply for the inclusion of residential premises in the inherited property. To successfully implement the norms, it is necessary that before the death of a citizen:

1. Before death, the testator submits an application for privatization of the real estate property to the authorized registration authorities.
2. Provision by the testator before his death of the package of documents necessary for registering the apartment.
3. Absence of the fact that the testator has withdrawn the application for registration.

In the presence of the described circumstances, Resolution of the Plenum of the Armed Forces of the Russian Federation dated August 24, 1993 N 8 gives the heirs by law the right to declare the inclusion of a non-privatized apartment in the inherited property.

This takes into account the circumstances in which the testator dies before the state registration of his ownership of the apartment or before the execution of an agreement to transfer the residential premises into his ownership.

What to do after the death of a citizen?

Family members of the tenant of the residential premises who lived in the apartment together with the testator, on the basis of Art. 672 of the Civil Code of the Russian Federation have the opportunity to live in this premises even after the death of the main tenant.

In this case, the legislator indicates the right of any relative to enter into an agreement for an apartment with the authorities providing housing from the state fund.

Thus, the legal heir of the deceased person will become a full party to the contract for non-privatized housing and will retain his rights to reside in the apartment.

Law No. 1541-1 dated 04.07.1991 allows such employers to carry out the procedure for privatization of real estate.

Who can't get a non-privatized apartment?

The right to privatization is given to a citizen not on the basis of inheritance, but in connection with a social tenancy agreement.

This means that if the heir did not live in the same apartment with the testator, then he cannot count on inheriting the non-privatized living space of the deceased citizen.

What kind of housing cannot be privatized?

The law lists those categories of residential premises for which citizens cannot register ownership. Among such housing:

How to privatize rented residential premises?

Submitting an application

In order to begin the procedure for privatizing an apartment, the heir of the deceased, who entered into a rental agreement, must contact the registration authorities at the place of residence.

A citizen will need to fill out a standard application and submit to authorized persons a number of necessary documents confirming his rights to the real estate property subject to privatization.

Documents for registration of rights

When visiting the registration authority, a citizen wishing to privatize housing must collect a certain package of documents.

Among these papers:

Consideration of the application

The application for privatization is considered by the registration authorities, which check the information provided for authenticity and reliability, making the necessary requests.

After the inspection, the authorities draw up an agreement for the transfer of residential premises into the ownership of the citizen.

The ownership of an apartment arises from the person who declared its privatization after registration of such an agreement. The procedure for registering a document involves entering data about the apartment into the Unified Register.

Thus, only the person who lived together with the testator will be able to inherit the rights to a non-privatized piece of real estate. Before carrying out the privatization procedure, he will need to re-register the social tenancy agreement for residential premises, concluded with government agencies, in his name.

Sources: riarealty.ru, expert-nasledstva.com, law-divorce.ru, azbuka.consultant.ru, nsovetnik.ru

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Actions after the death of a citizen

According to the law (in accordance with the provisions of Article 672 of the Civil Code of the Russian Federation), family members of the tenant of the residential premises who lived in the apartment together with the testator have the right to live in the premises after the death of the testator (the main tenant).

Any of the relatives has the right to enter into an agreement for an apartment with the authority that provides housing from the state fund. Accordingly, the heir of a deceased citizen can act as a full party to a contract for non-privatized real estate and retain the right to live in the apartment.

Who will be the heir if the apartment is not privatized

If a person has not privatized his living space, then after his death it will remain not with relatives, but with the state or municipality . It makes no sense for relatives to claim the inheritance of a non-privatized apartment, simply because the deceased did not own the property. This is mentioned in Article 1112 of the Civil Code of the Russian Federation. However, relatives, especially those registered with the person, have the right to live, but re-registration of documents will be required.

Reference! Any real estate, apartments, houses, garages or land plots will be considered property and divided between heirs, transferred by will or gift only if they are registered in the name of a person in government agencies. This is evidenced by a document that is issued to a citizen of the Russian Federation.

You cannot obtain the right to a non-privatized apartment

The right to privatize real estate is given to a citizen not on the basis of inheritance, but under a social tenancy agreement. It should be taken into account that an heir who does not live in the same premises as the testator does not have the right to claim to inherit non-privatized living space.

Also, residential areas are classified according to the law and a category of objects is identified that are not intended for registration of ownership. Regardless of the presence of a will, heirs cannot register ownership of the following objects:

1. Residential premises recognized as unsafe.
2. Apartments in dormitories.
3. Housing on the territory of closed military cities.
4. Premises included in service establishments.

Procedure and features of receiving a non-privatized apartment as an inheritance

If the tenant lived with his family, they must be included in the social tenancy agreement. Then everyone will have equal rights, and in order to register someone, everyone’s consent is needed. Relatives of the deceased who were already registered with him will continue to live. But now, in order to use square meters legally, you will need to re-issue the social tenancy agreement .

The second option on how to inherit a non-privatized apartment is to complete the privatization procedure and divide the square meters as an inherited estate.

Conclusion of a social tenancy agreement by relatives of the deceased

Family members of the deceased who were registered together with him/her can live according to the place of registration . To do this, you simply need to re-issue the social tenancy agreement to a new responsible tenant, to whom the state gives the right to free privatization, but only if he has not previously used this service.

Relatives who have a different registration address cannot apply for such . The degree of relationship does not matter. But, unregistered family members can assert their rights in court. They can present evidence confirming cohabitation with the deceased. Witnesses are usually neighbors.

Completion of privatization started by the testator

If the tenant began the privatization procedure, but did not complete it at the time of death, the situation with housing is different. Family members have the right to complete the procedure and further divide the property as an inheritance . To do this, they will face a legal dispute with the state or municipality.

Important! You can privatize not only apartments, but also dorm rooms if the building is municipal and the person occupies them under a rental agreement. You can transfer a room into your property if it is an isolated area with a separate entrance and load-bearing walls. Only this room without a kitchen, bathroom and corridor is subject to privatization.

Disagreements between relatives applying for premises and the municipality are resolved by court. As practice shows, an apartment is allowed to be privatized , but only if the deceased did not withdraw his application to change the housing status during his lifetime.

A positive decision on this issue can be obtained within 2 months . When the relatives complete the procedure, they will automatically become heirs . Then the real estate will be received by them in one of two ways:

• according to the law of the Civil Code of the Russian Federation, article 1141;
• based on a will, as stated in Article 1118.

In the current situation, heirs are determined in accordance with the law. The division of property occurs on a general basis, according to priority . The first to speak are natural and adopted children, spouses, and parents.

Attention! A non-privatized apartment cannot be indicated as an object of inheritance in a will. This is explained by the fact that it was not in the property of the deceased. When we talk about the primacy of a notarized last will, it means that after the completion of privatization, the apartment can be included in the inheritance estate. It will then be divided among the people named in the will.

Privatization of rental housing

To begin the procedure for privatization of real estate, the heir of a deceased citizen who has entered into a social tenancy agreement is required to contact the registration authorities (the application is sent to the place of residence).

The interested party is required to fill out a standard application form and provide authorized persons with a package of documents confirming his rights to the property subject to privatization.

The citizen is required to provide the following documentation:

1. Russian citizen passport.
2. Applicant's registration papers.
3. Extract (certificate) for a real estate object from the BTI.
4. Housing order.
5. Social tenancy agreement (under a social tenancy agreement the document must be drawn up by the applicant).
6. Extract from the house register. The document must contain information about the citizens living in the premises.
7. A power of attorney (the document must be certified by a notary), required by a representative acting as a party to a social tenancy agreement.

How to privatize rented residential premises during inheritance?

When a public housing tenant dies without waiting for the finalization of ownership documents, his heirs can collect and register the papers themselves. The above documents are collected and submitted.

Submitted papers are checked by registration department specialists within two months, and based on the results of the check, written consent or refusal is issued. If all documents are present and filled out correctly, the applicant is invited to formalize the transaction agreement and obtain ownership of the apartment.

It is possible to inherit non-privatized housing. To do this, you need to live and be registered in the same place with the deceased testator. The main condition is that the apartment must be in the process of registration.

Good to know! To begin the re-registration procedure, the heir must re-enter into a social tenancy agreement in his name with government authorities. The received document is attached to the main one and is submitted along with all the papers for registration of rights to real estate.

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Consideration of an application for housing privatization

The package of documents collected by the heir is reviewed by the registration department. Authorized law enforcement agencies are checking the documents for accuracy (inquiries are made to the relevant authorities).

If no controversial issues arise, the heir appears at the registration department and draws up an agreement for the privatization of the apartment and the transfer of real estate into personal ownership.

The applicant takes legal ownership of the property only after drawing up and officially registering the contract. All information about the procedure is entered into the Unified Register and the apartment becomes the full property of the heir.

Grounds for inheriting an apartment that has not undergone privatization

According to the law, after death, only close relatives of the deceased have the right to receive real estate that has not been privatized.

Civil legislation establishes that only heirs have the opportunity to participate in the process of registering an apartment that was not privatized by the deceased.

To carry out the procedure, an applicant for real estate must complete three consecutive steps:

1. Submit a written application to the registration department for privatization of the inherited apartment.
2. Complete the necessary paperwork to complete the privatization procedure.
3. Check that the registration department does not have a written request to revoke property privatization.

When carrying out all these actions, according to the norms of Resolution No. 8, issued by the Plenum of the Supreme Court on August 24, 1993, the heirs have the right to claim an inheritance from the deceased owner-tenant of an apartment that has not undergone privatization.

When considering the application, the registration authority will take into account whether the deceased submitted a package of documents for privatization before his death, having not managed to obtain ownership of the housing in accordance with the law before his death.

Will for a non-privatized apartment

The testator has the right to bequeath as an inheritance both property that is personally owned and property that is at disposal or may be received in the future.

In the process of drawing up a will, a citizen can bequeath any property (privatized and non-privatized, cash deposits, and so on). Moreover, the document may not indicate each immovable object separately.

The main role in the process of drawing up a will is given to the legal capacity of the owner - the citizen must be of sound mind and fully capable.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

Useful information on inheritance

• Entry into inheritance
• What documents are needed to enter into an inheritance?
• Inheriting an apartment
• Inheritance after the death of a relative
• Mandatory share in inheritance
• How to register an inheritance
• Certificate of right to inheritance
• Establishment of the fact of inheritance and recognition of property rights
• Restoring deadlines
• Opening time and place
• List of documents for opening an inheritance case
• Refusal of inheritance
• Application for acceptance of inheritance
• Selling an inherited car
• Opening an inheritance case
• Inheritance after wife's death
• Joint inheritance
• Escheated inheritance
• Documents for registration of inheritance
• Inheritance after mother's death
• Inheritance after the death of a husband
• Inheritance after the death of parents
• Registration of inheritance for an apartment
• Inheritance after father's death
• Protection of inherited property
• Division of inherited property
• Documents for inheriting an apartment
• The procedure for inheriting an apartment by law after death
• Inheritance of a non-privatized apartment
• Inheritance of a privatized apartment
• Application to establish the fact of acceptance of inheritance
• Inheritance without a will
• Limitation period for inheritance cases
• Application for inheritance
• Valuation of a plot for inheritance
• Disinheritance
• Car valuation for inheritance
• Inheritance by adopted children and adoptive parents
• Inheritance by right of representation
• Inheritance after the death of a son
• The procedure for inheriting cash deposits
• Inheritance of land plots
• Inheritance of loan debts
• Inheritance of unpaid amounts
• Actual acceptance of inheritance

Possibility of drawing up a will or deed of gift for non-privatized property

Russian legislation allows for the possibility of drawing up a will for state-owned housing.

The testator may indicate the entire property as the object of inheritance, without listing specific items of property. When drawing up a document, the testator must have legal capacity.

In the will, the owner can indicate that if the privatization process is not completed at the time of his death, this right passes to the heirs.

According to the norms of Chapter 62 of the Civil Code of the Russian Federation, if in relation to the property of the deceased there is a testamentary document that records the will of the person regarding the transfer of his property, the provisions of the will must be implemented. Thus, civil law allows for the possibility of transferring state-owned property by inheritance.

As for registering a deed of gift, it is impossible to donate an apartment owned by the state. This is due to the fact that a gift agreement can only be concluded in relation to the personal property of a citizen.

Thus, a citizen can transfer state-owned housing by inheritance by law or will. At the same time, the tenant will not be able to donate such an apartment, since he is not its full owner.

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Registration of municipal housing after the death of the responsible tenant

Inheritance of a municipal apartment with or without registration is not allowed. However, if there is registration in the apartment, residents have the right to stay in it legally, and also ask to re-register the social tenancy agreement in their name.

In the absence of registration, tenants do not have the right to be in the residential premises. If they lived together with the employer, but were not registered, they have the right to ask the court to recognize themselves as members of the family of the deceased. If their requirements are met, they will be able to renew the rental agreement for themselves.

After this, privatization of the apartment is also allowed, which the responsible tenant was unable to bequeath to you before his death.

Unlike privatized housing, a municipal apartment is provided to a citizen not on the basis of ownership or lease, but on the basis of a contract. It is called a social tenancy agreement, and the future tenant enters into it as a tenant of the property - and nothing more.

But - and no less. The operation of such apartments is prescribed in Articles 60, 65 and 67 of the Russian Housing Code, and the agreement provides a person with the opportunity to live in an apartment, which he can conditionally consider to be his own. Own it to such an extent that he has the right to move his relatives there or rent it out - entirely or in separate rooms.

We suggest you read: Is tax paid on a donated apartment?

Renting social housing provides the opportunity not only to live in a municipal apartment, but also to replace it with another one - also, incidentally, a municipal one. But the key for our topic is the fact that inheritance of a municipal apartment, under certain conditions, also becomes possible for a responsible tenant. The thing is that the Federal Law No. 1541-1, after receiving the appropriate permission, provides the opportunity to privatize an apartment.

The responsible tenant is chosen by all residents, and it is for him that a social tenancy agreement is drawn up, concluded only with adults and fully capable citizens. He can be replaced if necessary even after the death of the original one, and he also bears full responsibility for ensuring that the property belonging to the municipality is preserved in proper condition.

How is an apartment re-registered when the responsible tenant dies?

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It is useful to pay attention to the fact that the decision to select a new responsible tenant for whom a new social tenancy agreement will be drawn up actually rests with the family members of the deceased. The following points must be taken into account:

• — This status can only be obtained by a relative who lived with the deceased in a municipal apartment during his lifetime. And in this case, the status of full family members includes those who were dependent on the deceased or participated in the management of the common household;
• — The rights and obligations of relatives and those who are equated to them by law are considered identical, and in case of incapacity, the responsibility of a family member is joint and several;
• — The social rent agreement must include everyone who lives in municipal apartments - this is a mandatory condition;
• — The tenant’s spouse living in a municipal apartment retains both his rights and his responsibilities even if the marriage is officially dissolved.

If it is not possible to reach an agreement and select a new responsible tenant, it is also impossible to draw up a new social tenancy agreement - the consent of relatives is the main condition for this.

However, we should never forget that drawing up a new social tenancy agreement and inheriting a municipal apartment are not the same thing. Because the property that the testator does not own on the basis of ownership rights is in no way included in the number of inheritance items. And this is clearly stated in the current Civil Code.

But this does not mean that there are no ways to turn a municipal apartment into your own. For example, there are opportunities to privatize it.

For example, one of the prerequisites for the implementation of the idea will be the presence of an up-to-date and fully valid new social tenancy agreement. But it is not always possible to obtain such an agreement - and even relatives of the former tenant often receive refusal decisions on this issue. And there are many reasons for such refusals:

1. Even close relatives can be refused if, theoretically, they are registered in the apartment, but in practice they absolutely did not live in it with the tenant;
2. Most likely, the person who has a criminal record will also receive a refusal;
3. Most likely, someone who is a citizen of another state will be denied.

The adoption of a refusal decision makes it impossible to inherit a municipal apartment, because it returns to the ownership of the municipality and will be transferred to another family that needs housing. And considering how many such families there are, the apartment will not remain empty.

But even if a new agreement was eventually drawn up, we must not forget that privatization itself will not be simple or quick. And the most reasonable way to take this into account is to carry out the privatization process not after the death of a relative, but in advance, before it.

And in any case, it will be easier to resolve complex issues of inheritance of an apartment or privatization not on your own, but with the assistance and assistance of qualified Legal Rights lawyers - their experience in successfully resolving complex situations will always be very useful.

8-921-904-34-26 free consultation with a lawyer on inheritance

The right to inherit an apartment without privatization

Privatization should be understood as the acquisition into private ownership of property owned by the state. However, there are situations when a citizen, having only partially paid privatization fees for real estate, dies.

In this kind of case, it will be considered that the citizen never acquired the rights of the owner in relation to this real estate, since he did not fulfill his legal obligations to the state. This citizen, after his death, will be listed only as a tenant of this type of housing, but not as its owner, due to the fact that the rights to it have not been fully registered legally.

Rights of citizens living in a municipal apartment

The tenant of a residential premises under a social tenancy agreement has the right:

• move other persons into the occupied residential premises;
• sublease residential premises;
• allow temporary residents to live in residential premises;
• exchange or replace occupied residential premises;
• require the landlord to carry out timely major repairs, properly participate in the maintenance of common property in an apartment building, as well as the provision of utilities.

The tenant of a residential premises under a social tenancy agreement is obliged to:

• use the residential premises for their intended purpose and only within the framework of the social tenancy agreement;
• ensure the safety of living quarters;
• maintain the proper condition of the living space;
• carry out routine repairs of residential premises;
• pay rent and utilities on time;
• inform the landlord within the time period established by the contract about changes in the grounds and conditions giving the right to use residential premises under a social tenancy agreement.

The tenant of municipal housing undertakes to maintain the proper condition of the premises he occupies.

It is worth keeping in mind that only the owner of the property has the right to sell it. Due to the fact that the tenant of municipal housing is not the owner, he does not have such a right. In this case, there is the possibility of exchange. However, this requires obtaining permission from the landlord.

The procedure for exchanging non-privatized apartments is characterized by the following features:

• upon conclusion of the contract there is no transfer of ownership;
• exchange is possible only with the consent of all adult citizens living in both properties;
• when concluding a contract, written approval from both landlords is required, but their refusal is possible only on the grounds provided for in the Housing Code of the Russian Federation;
• an exchange agreement for non-privatized apartments cannot be of a compensatory nature, since tenants do not have the right to dispose of the property and receive money for it.

Conditions under which the exchange of residential premises under social tenancy agreements is not allowed:

• a claim has been brought against the tenant of the exchanged residential premises for termination or amendment of the social tenancy agreement for residential premises;
• the right to use the exchanged residential premises is disputed in court;
• the exchanged residential premises are recognized as unfit for habitation;
• a decision has been made to demolish the relevant house or renovate it for other purposes;
• a decision has been made to overhaul the relevant house with reconstruction and (or) redevelopment of residential premises in this house;
• as a result of the exchange, a citizen suffering from one of the severe forms of chronic diseases specified in the Housing Code of the Russian Federation (clause 4, part 1, article 51) moves into an apartment or house.

To do this, the tenant must obtain the written consent of the owner (municipality) and other residents. Part of the living space or the entire premises can be rented out (if the tenants leave temporarily). The subtenant does not receive the right to independently dispose of it and responsibility for its condition remains with the employer.

Subletting is not possible if:

• a person already lives (or moves in) there, suffering from diseases that make living together with him in the same apartment impossible;
• there is no consent of all residents and the municipality;
• after the subtenants move in, each tenant has less than 10 square meters. m. area.

In addition to the tenant, the following may live in a municipal apartment:

• spouse;
• children;
• parents;
• other relatives;
• dependents who were accommodated as family members.

Members of his family and other relatives may live with the tenant in municipal housing

These citizens have competence at the employer level. Members of the tenant's family who are capable and limited by the court in legal capacity are jointly and severally liable with the tenant for the obligations arising from the social tenancy agreement. The temporary absence of the employer or family members living with him does not entail a change in their rights and obligations under the social tenancy agreement.

In order to register other citizens as family members living with him/her, written permission from the landlord will also be required. The latter may refuse, subject to violation of the regulated area per tenant. There is no requirement to obtain permission to move in only young children whose parents are registered in a municipal apartment.

Outsiders move in temporarily, for no more than six months. If for some reason the owner refuses to move in, you can go to court about the unlawfulness of the action. Non-permanent residence is not a reason for eviction if all terms of the contract are met. When it is agreed upon for a new tenant to move in, he is included in the rental agreement, and he becomes equal in rights among all residents.

Residents of the municipal square are required to pay a number of services and fees.

The payment includes the following:

• rental, maintenance and repair of housing (we are talking about current repairs);
• heating;
• water supply and sewerage;
• gas;
• electricity;
• garbage removal;
• cleaning the local area, etc.

The tenant of municipal housing is obliged to pay utility bills

Citizens classified as low-income are exempt from paying rent. However, paying utility bills and maintaining the premises are their responsibilities.

The category of housing and communal services does not include major repairs.

Housing that is provided to citizens temporarily belongs to the state. Such property is called municipal property. Accommodation in the apartment is carried out on the basis of a social tenancy agreement. Citizens do not have the right to dispose of a residential property (sell, donate), but can own and use it.

In addition, the following rights are provided for those living in a non-privatized apartment:

• provide living space to other persons;
• exchange real estate with tenants;
• receive free capital repair services;
• use public services for a set fee.

At the same time, citizens also have responsibilities, for example, to take care of property.

One of the most common questions regarding rights to municipal property is whether a non-privatized apartment can be bequeathed. You need to focus on Art. 1112 of the Civil Code of the Russian Federation. The inheritance includes the property that belonged to the testator at the time of his death. If the apartment is not privatized, it remains municipal property.

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Who is entitled to inherit non-privatized housing?

Only certain categories of heirs can apply to inherit housing that has not undergone the privatization procedure. This applies directly to persons who lived in the same living space with the testator and act as his heirs (regardless of the basis: in accordance with the contents of the will or by law).

Important! If the heir did not live in the same living space with the testator, then there are no options for registering it as property by inheritance.

Conditions for including an apartment in the inheritance property

In order for an apartment to become part of the inherited property, it is necessary to perform a number of actions even before the opening of the inheritance (the death of the person who is the testator):

1. Submit a standard application containing a request to privatize a residential property to the authorized registration authority.
2. Provide a complete package of all necessary documentation for the privatization procedure.

Expert commentary

Kireev Maxim

Lawyer

It is worth considering that the obligation to privatize housing lies with the tenant, and he can change his mind at any time and withdraw the application along with the provided documents. In a situation where the submitted papers were withdrawn, the heirs will not be able to claim the inclusion of a non-privatized apartment.

If the issue is controversial, it is usually resolved in court. In this case, the circumstances when the death of the testator occurred must be taken into account:

• until the conclusion of an agreement confirming the fact of transfer of ownership of the apartment;
• until state registration in the prescribed manner of ownership of housing.

In cases where the residential premises have been privatized (and, therefore, legally transferred into ownership), after the death of the owner, no difficulties arise with registering an inheritance. The apartment is included in the inheritance on a general basis and distributed among the existing heirs.