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- with a statement to the police that documents have been destroyed or stolen;
- to the authority that issued the required document with a request to issue a duplicate;
- to the court with a request to impose a ban on any transactions with real estate, the documents for which were stolen or destroyed.
- If the agreement was concluded in writing, you can apply for a duplicate of it to the body that was involved in the registration and registration of the acquired property. After paying the fee, you can receive a duplicate of the required copies of documents.
- If the agreement was registered through a notary, then by contacting him and paying for the services, you can also obtain a duplicate of the necessary document.
- You can also contact the seller for help and get a copy of the contract from him.
- If the transaction was carried out before 1998, it will be impossible to obtain duplicate documents. In this case, you should immediately go to the BTI and ask for a document confirming ownership of the apartment.
- To obtain documents confirming the fact of purchase and sale and taxpayer status for your real estate, you can also contact the tax office. Data on tax payments by the seller of the property and the new owner should be stored here.
Restoration of documents for an apartment
- If the agreement was concluded in the period before 2006 , it was concluded without notarization and in ordinary written form. Then you can get by by contacting the registration authority that recorded this transaction. Its archive contains information and documentary copies. It will be necessary to write an application, pay a fee and take a passport to obtain a copy from the archive.
- If the agreement was concluded before 2006 (except for 1996-1998) , then it was certified by a notary. Therefore, you can contact the notary office in which it was certified. For this purpose, it will be necessary to pay for the services of a notary and submit an application to him to receive a copy of the agreement from archival data.
- The most difficult thing is the restoration of the purchase and sale agreement, the execution of which took place in 1996-1998 . During this period, there was no law on uniform registration of property rights, and all notarizations were abolished. Therefore, in this case, you can restore the contract only by contacting the seller of the property. If it is impossible to contact the seller or he has also lost his copy of the contract, then the document cannot be restored.
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The tax office has data on the payment of property tax by the buyer, and various changes in the ownership of the apartment are also recorded by this body. Therefore, when contacting this institution, you can obtain the necessary confirmation of the owner.
Service order for privatization of an apartment
Hello, I have a question: I have an apartment for official use. It was provided to my grandfather in 1972. He worked at the company for more than 20 years, and occupied the living space for at least as many years. Now he has died, I have a service order in my hands, I want to privatize the apartment. To do this, you need to execute this order. I found this thing on the Internet: Without researching such circumstances, the real, guaranteed Art. 46 of the Constitution of the Russian Federation protects the rights of citizens, including the right to privatize residential premises. The peculiarities of the status of service residential premises are revealed during their privatization. Although in Part 1 of Art. 4 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” states that service residential premises are not subject to privatization; Part 2 of this article determines that the owner of the housing stock and the bodies authorized by him, as well as enterprises and institutions in charge of the residential the fund has the right to make decisions on the privatization of office residential premises. Making a decision on the privatization of service housing is a right, and not an obligation, of the owner (manager) of the service housing stock. In practice, decisions on privatization are made in the case when citizens have worked at an enterprise, institution, organization that provided them with office housing for at least 10 years or have lived in this residential space for at least 10 years. For such a decision to be made by the administration of the enterprise (institution) on whose balance sheet the office premises are located, a 2-month period has been established from the date the employee submits the application. If the application is satisfied, an agreement on the transfer of housing ownership is drawn up, concluded between the employee and the head of the enterprise (institution). There is a second option for resolving the issue of privatization of official housing - at the request of the administration of the enterprise (institution) to the local administration - the official residential premises are transferred to non-official ones and are privatized by the persons occupying them in the usual manner. However, the implementation of this privatization option is also at the discretion of the enterprise administration; a citizen does not have the right to oblige the administration to transfer ownership of the office premises he occupies. Almost all apartments in this building are privatized! Moreover, we lived and lived. Payment bills arrived, and all the documents that we took from there from the police department, housing office, etc. it was written on them that we had a social contract. hiring When I came to them there, they gave me a warrant and with huge eyes they asked, is it official? In general, butt. I also know about this (Decree of the Moscow Government of August 5, 2008 N 711-PP), but does it apply to warrants issued before the date of entry into force of the resolution. Anyone who knows please tell me!!
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1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, deceased ( deceased) or missing in action while performing military service or official duties;
How and where to restore documents for an apartment if lost
First of all, you need to contact the local authority of Rosreestr with a statement about the loss of documents. There you must write a statement about the impossibility of carrying out registration actions with the apartment without the personal presence of the current owner .
Restoring the purchase and sale agreement and other title documents drawn up after the entry into force of the law on state registration of rights (No. 122-FZ) should also not cause any particular difficulties for the owner, since when registering rights, one copy of the agreement remains with the registration authority and is stored in a special archive of files of title documents .
What documents are needed to privatize an apartment?
An extract from the house register is issued by the house management company, usually within five working days. A certificate of non-participation in privatization is issued by the BTI or the Rosreestr body. An extract from a personal account can be ordered from the house management or from the Unified Information and Settlement Center (UISC).
To confirm the right to participate in privatization, a citizen must provide the appropriate certificate. You can get it from Rosreestr, which began the function of registering property in 1999. Until this point, registration was handled by the BTI.
The procedure for restoring documents for an apartment
So, how to restore documents for an apartment? Restoration of each of the required documents in the event of loss or damage must be carried out in the organization or competent authority from which it was previously received. To do this, the owner of the apartment needs to draw up an application requesting the restoration of the lost document and contact the organization at the place of registration.
Each apartment owner must have a certain set of documents for his property, in the absence of which ownership, and especially disposal of this property, is very difficult. If any of the necessary documents are damaged or lost, the owner must promptly restore the lost documentation.
How to restore documents for an apartment: instructions
As can already be understood, the entire restoration process depends, roughly speaking, on chronology. In other words, if the entire package is lost, then first of all you need to get a duplicate of the papers, on the basis of which the title can be re-issued. And only after this will it be possible to restore the title documents for the apartment and then contact the BTI for the remaining documents. If only technical documentation is missing, then, naturally, the task is simplified to a significant extent, since such papers are already recommended to be changed from time to time.
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It is worth understanding that upon restoration, new papers will be issued with the mark “duplicate”, but this in no way diminishes their authenticity. They will be completely identical to the original. That is, the number and date of issue of the original will be indicated in this document, but a record will be made immediately of when and by whom the duplicate was issued. It is important to note that with such a document you can perform all the same actions as with the original, namely, enter into alienation agreements, wills, etc. Therefore, it is not only possible, but also necessary to restore lost documents for an apartment.
How to restore documents for an apartment
A certificate for an apartment can also be obtained from the tax office, confirming the payment of income tax by the seller of the apartment and property tax by the new owner of the property. A change of ownership of real estate is always recorded by tax officials for the purpose of calculating taxes, so the tax office can confirm the fact that the applicant is a taxpayer for a certain period of time when the transaction was executed.
Lost technical or cadastral documents can only be restored at the BTI, but if more than five years have passed since the date of receipt of the technical or cadastral passport, the owner must call a BTI employee to the apartment, having pre-paid for his services. After which the documentation is re-issued and the necessary extracts and certificates from the BTI are issued.
Privatization of service housing
- The housing is not registered in Rosreestr as official housing.
- Applicants for an apartment are classified as low-income people (orphans, disabled people, single mothers, etc.).
- Execution of the apartment rental agreement.
- Lack of other living space for people.
- a written statement to the employer;
- local regulatory act on the transfer of service housing to the municipal category;
- written applications/refusals from privatization of all family members;
- identification documents (passports and birth certificates);
- extended (archival) extract from the house register – determines the number of participants in the procedure;
- certificate of non-participation in privatization to date;
- extract from the Unified State Register of Real Estate on existing real estate properties;
- a copy of the rental agreement;
- a copy of an extract from the personal account(s);
- cadastral documents, explication, technical plan.
What to do and where to go if you lose documents for an apartment
If you believe that the papers confirming your right to housing have not just disappeared, but have been stolen or stolen for the purpose of profit or fraudulent activities, you must urgently contact the police to report the theft. When filling out an application at the Federal State Registration Service, you must indicate that you prohibit any actions with papers without your personal presence.
As you can see, restoring papers confirming your legal right to own living space is a relatively simple procedure. You need to remember a few simple rules. First: copies of almost all certificates committed since the beginning of 1998 are stored in Rosreestr. Secondly, copies must be stored in the organizations where you received the originals. And third, do not delay the recovery procedure.
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How to privatize a service apartment
For many years, the Law had deadlines for implementation, which limited the possibilities of using the right to privatization. But in February 2020, this restriction was lifted so as not to infringe on the interests of those citizens who did not have time to exercise their right.
State registration of real estate is a mandatory procedure that is carried out after any change of rights. Owners who have privatized official living space can exercise the full range of their rights only after state registration.
How to restore a warrant for an apartment if it is lost
The validity period of the paper is limited to five days. During this period of time, the person indicated in it must decide whether to accept the apartment provided or refuse. In the latter case, it is necessary to justify the answer. If agreed, local authorities issue a settlement order.
Drawing up a social tenancy agreement will take up to one month. The duration of the process, first of all, depends on the workload and professionalism of government officials. After this, it takes up to 60 more days to complete the started process.
How to restore a lost order for an apartment
After checking the submitted documents, information about the applicant will be entered into the electronic database. The applicant should expect a formal response, which will be sent in writing. In this case, preference will be given to individuals who do not have their own housing or real estate. The income received by the applicant's family will also be taken into account.
To privatize a residential municipal apartment, you need to provide a warrant. If it has been lost or damaged, you should begin restoring it. This document displays information about the owner of the living space and his family members living with him and having the right to do so. If the owner indicated in the order dies, the right to privatize the property passes to his relatives. There are several options to restore an order if it is lost:
Where is it being restored?
There are several options where you can go to restore and obtain a warrant for a municipal apartment:
- Repair and Operations Department - submitting a written request to issue a copy of the tear-off coupon or to issue a certificate stating that there is no tear-off part in the REU;
- Local administration - filing a request to draw up a social tenancy agreement, refusal of which will lead to court action for further proceedings;
- Real Estate Department - an application with a request to restore the order if it is lost, but this is not always possible;
- Territorial housing organization - here they will issue a list of required documents in order to conclude a social tenancy agreement;
- Migration Service (FMS, also known as the passport office) – you won’t be able to get the original order, but a copy is quite possible.
In accordance with the current Housing Code of the Russian Federation, it is impossible to restore the original order. Now it looks like an artifact from the past. This means that paper is simply replaced by analogues - contracts. It is they who today give citizens the right to privatize a municipal residential apartment.
How to restore a warrant for an apartment if lost
If you have lost your apartment warrant, you can contact the housing organization at your place of residence. They will definitely accept your application and tell you what documents to collect to conclude a social tenancy agreement. This application, along with the collected package of necessary documents, will need to be taken to the district administration.
Quite often there is a case when, if they want to move in, enter into an exchange agreement, or privatize ownership of an apartment that is in social rent, people come for a consultation without a warrant, which most often they have already lost, and demand urgent paperwork.
15 Jul 2020 glavurist 316
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Why is the state planning to get rid of official housing?
And yet some inconveniences for him will remain. And they are connected with those few signs by which tenants of such premises can still be distinguished from ordinary tenants. Let us turn again to the decision of the Dolinsky court, which allowed the pensioner to privatize her company housing. Why didn’t the company’s managers try to evict her from there at the time of her dismissal? It turns out that old-age pensioners are among the people who, in accordance with Part 2 of Article 103 of the Housing Code of the Russian Federation, are allocated a different living space when evicted from official residential premises. This also includes family members of those who died, went missing, or became disabled in service or work. True, only if they are or may be listed as in need of improved living conditions. And for children who have lost their parents, even this is not required. And after March 1, nothing will change here,” says lawyer Oleg Sukhov. There will remain people who cannot simply be kicked out of their service apartments.
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The decision of the Dolinsky City Court of the Sakhalin Region indicates another, also very typical, option for the transfer of official housing into ownership. It happens that an apartment that was listed in a specialized housing stock is later transferred to the balance of the municipality, for example, in connection with the liquidation of the enterprise that owned it. The plaintiff moved into a service apartment and continued to live in it when she retired. Just after this, the apartment’s official status was removed. Since until that moment the plaintiff had not been evicted due to the termination of her employment relationship, the court recognized her living conditions as actual social employment and allowed privatization.