To obtain an apartment in your ownership, you need to visit more than one state organization and collect a certain list of documents.

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Do not forget that each document has its own validity period, so you need to take a responsible approach to this issue.

Where to go?

First of all, you need to visit the BTI. This organization will inspect your living space. The survey can take from 1 to 30 days, respectively, the faster you need, the more expensive the service will cost.

However, before contacting the BTI, study the apartment plan in detail. Previous tenants may have done illegal planning.

In this case, you need:

• legitimize it;
• or restore the layout according to the document.

This process will take about 1-2 weeks.

It is very important to obtain the consent of those living in the apartment. If someone is, then his refusal must be notarized.

To receive an extract from a house apartment and a copy of a financial personal account, you need to contact the housing office. The certificates will be ready within 14 days, and they will be valid for only one month.

If they are registered in an apartment, you need to obtain permission for privatization from the guardianship and trusteeship authorities.

Everyone who is registered in the apartment must come to the Housing Department. Here you need:

• write an application for privatization, which must then be signed by all family members;
• provide all pre-collected documents.

Then you will be told when to come for the contract.

After receiving the contract, you must contact Rosreestr for its registration and receipt.

In order to register an apartment, you need to contact the BTI again, providing the received certificate, two copies prepared in advance and a technical passport for the apartment.

What is it for?

After the conclusion of the privatization agreement, the new owner has the right to dispose of his apartment:

• give;
• lease;
• sell.

After privatization, you can register in the apartment whoever you want, without worrying about the fact that a new family member will be able to claim part of the apartment.

Problems can arise only when the persons living in the apartment are discharged, but they will not be able to dispose of the property.

Should I take ownership?

According to the Federal Law, each citizen can privatize an apartment once.

Everyone who wants to fully dispose of their apartment has a lot of advantages. First of all, the apartment can be the subject of the conclusion of civil contracts.

The number of those wishing to privatize a municipal apartment has increased dramatically in recent years.

This is due to the fact that the potential heirs of each tenant have grown up, so their relatives are in a hurry to become the full owner of the occupied real estate in order to later transfer it by way of inheritance.

Advantages and disadvantages

After the privatization of an apartment, you have to pay, which is what distinguishes it from a municipal apartment. The tax is paid once a year, and its size is small. Therefore, this cannot be considered a disadvantage.

When you take over ownership, you, as the owner, will be independently responsible for all risks and obligations within the limits of all your property.

So, if the court passed a sentence according to which personal property is subject to confiscation, a municipal apartment is not subject to seizure, unlike a privatized one.

However, after privatization, you get a number of benefits:

• the possibility of full disposal of the apartment;
• the right to register any citizen in his apartment;
• redevelopment of housing;
• the apartment can be given as collateral under a bank loan agreement.

It is worth remembering that it is also possible to carry out deprivatization, that is, to give up the acquired rights to an apartment and conclude a social rental agreement with the state.

But this action, like privatization, can only be carried out once.

Also, lawyers believe that it is a bad deal:

• when living in a municipal apartment upon eviction, the state must provide 18 square meters for each person living in the apartment;
• when relocating from a privatized one, you will be provided with an apartment of the same area.

How to privatize a municipal apartment?

Before the start of privatization, you should collect the necessary documents:

• obtain the consent of everyone living in the apartment;
• find a social employment contract;
• take from family members documents proving their identity;
• in the housing office to obtain a certificate of the composition of the family, which is valid only for a month.

Therefore, we draw your attention to the fact that you should not delay the procedure, otherwise you will have to collect documents again.

In the BTI, you must take the technical plan of the apartment and pay the state fee. Issuance of a document can take from two weeks to a month.

Part

If the apartment is in communal ownership, then part of it can be privatized. This means that each resident simply privatizes his room.

If the apartment is privatized by the spouses, privatization is possible into joint ownership.

The room

A room can be privatized if other residents do not agree to this procedure.

The procedure itself is no different from ordinary privatization, but if someone lives with you in the room, his consent is necessary.

After the privatization of the room, one should not forget about the common areas, which do not become property, but remain in the use of all residents on a common basis.

Such places include:

• bathroom;
• kitchen;
• the corridor;
• hallway;
• pantry.

After the privatization of the room, the owner can rent it, granting the right to use common areas.

Share

A share can be privatized only in a communal apartment in which the tenants live on social terms.

In this case, the share will be allocated based on the number of people living in it.

How long can it take?

The law does not provide for how long it will take to privatize an apartment.

If you have not previously participated in privatization, you have the right to privatize an apartment or its share.

Without agreement

All tenants registered in the apartment have the right to privatize an apartment. However, if a person lives in an apartment, but is not registered in it, his consent in this case does not matter.

Privatization as a general rule is possible only with the consent of all persons living in the apartment.

If one is against

If one of the residents of the apartment is against, his refusal must be confirmed by a notary. You do not need consent from a person who does not actually live in the apartment and does not pay utility bills.

It can be written out in court, however, for a positive result, the plaintiff must provide the court with convincing evidence.

A family member who has already participated in privatization cannot participate in privatization, so you will not need his consent, and the fact that he is registered in this apartment is not important in this situation.

Procedure

Before starting the collection of documents, it is necessary to clarify the list in the privatization department.

Here you will receive not only an accurate list of documents, but you can also take immediately that you have not previously participated in the privatization process.

After you have collected all the documents in the ZhEK and BTI, paid the state duty, go back to the privatization department, where you fill out an application that must be signed by all family members living in this apartment.

The application will be reviewed within a month, after which you will receive a privatization agreement.

Required documents

The privatization department must provide:

1. Passports of all family members, birth certificates (if minor children live).
2. Social employment contract and apartment warrant.
3. Personal account, confirming the absence of debts in the payment of housing and communal services.
4. A certificate confirming that you and your family members have not previously participated in the privatization.
5. Extract from the Unified State Register, which confirms the presence / absence of real estate for each participant in the privatization.
6. Application for privatization.
7. Refusal to privatize, certified by a notary.
8. Power of attorney for privatization.

Through the court

In practice, there are often cases when the apartment is not in municipal ownership, respectively, the citizens living in it cannot exercise the right to privatization. In this case, Article 35 of the Constitution of the Russian Federation is violated, as well as Article 2 of the Federal Law "On the privatization of the housing stock in the Russian Federation."

If this right is violated, then the tenant has the right to file a claim in court for the recognition of the ownership of the apartment.

After the court makes a decision, it will be considered the basis for registering the ownership of the apartment in Rosreestr.

The moment after which the plaintiff obtains ownership of the subject of the dispute is prescribed in the court decision.

You can privatize an apartment through a court in such cases:

• challenging the legal status of housing;
• the apartment is not on the balance sheet of the city;
• you were denied privatization.

Privatization of a municipal apartment is possible only with the consent of all residents registered in it, however, you can privatize your room or a share of the apartment.

When deciding to privatize an apartment, consider its advantages and disadvantages:

• if you have heirs or you want to donate an apartment to someone close to you, in this case you just need privatization;
• if you are a lonely and elderly person, then after death the apartment will still go to the state, and you will have to pay taxes for it, you must agree, these are unprofitable costs.

Instructions

Collect all the documents required for privatization. Make copies of passports of all citizens over 14 years of age registered in the apartment, as well as birth certificates of children. All persons registered in the apartment can take part in the privatization, regardless of whether they are included in the social loan order or not. If persons who have lost the right to use by a court decision or who have died were previously registered in the apartment, prepare appropriate court decisions or death certificates explaining the absence of these persons during privatization.

Take the originals of the documents on the basis of which this was concluded. This can be: an order for, an exchange order, or an extract from the order, as well as prepare a social employment contract and a residential passport. Contact the district office of the BTI and get your hands on the explication and floor plan of the privatized.

If at least one of the participants in your privatization after 06.1991 was not permanently registered at the address of this apartment, confirm the fact of his preserved right to privatization. To do this, take an extract from the house book from all places of residence of this person and a certificate of his non-participation in the privatization of other municipal housing. If he previously used the right to privatization, this person will not be able to participate in the privatization of your apartment. However, you will need the person's consent to privatize this property.

If any of the persons registered in this apartment refuses to participate in the privatization, receive from this person a written and notarized refusal. Take an extract from the house book for the apartment to be privatized from the passport service of your area.

If there is a discrepancy in the name, surname or patronymic of the same person in the collected documents, attach to the package certificates confirming their change of personal data, for example, a marriage certificate.

With all the collected package of documents, come to the Department of Housing Policy and the Housing Fund of your city and write an application of the established form for the privatization of an apartment. All registered persons must personally come to the Department and express their consent to the privatization of the apartment. For minor participants in privatization, consent is expressed by their representatives: parents or guardianship authorities. Moreover, registered citizens who do not participate in the privatization of this apartment must also express their consent to the privatization of this housing to the rest of the registered persons.

Within the prescribed period, after receiving from the Department of the document on the transfer of ownership of this apartment to citizens, register your ownership with the Office of the Federal Registration Service (FRS) of your area. Submit to the UFRS the signed privatization agreement from the Department, the technical passport of the BTI for the apartment and receipts for the payment of the state duty. Within a month, the specified apartment will be registered in the ownership of the persons who participated in the privatization.

note

Minors registered in the apartment participate in its privatization without fail, with the receipt of their share of the apartment in ownership.

Sources:

• how to privatize an apartment necessary documents

An apartment building is a building with more than one apartment. Any house has public property. The basement, attic, roof, technical premises of the house are considered public property. A complete list of public property that is public property is listed in Article 36 of the Housing Code of the Russian Federation. And in accordance with the housing and communal services of the Russian Federation of March 1, 2005, all owners of residential premises have the right to public property in shares proportional to the area of \u200b\u200bprivatized apartments. But this does not mean that you can use your share of the common property however you like. You must take all your actions only with the consent of the other owners of the public property of the apartment building.

Instructions

When privatizing apartments and residential premises, it is necessary to take into account the interests of minor citizens of Russia, as well as those who have the right to privatize this area, but who are not able to complete it. For example, persons who are in places of detention, or persons under guardianship or persons with disabilities. It is these categories of citizens that are the most difficult part of privatization, because even after the lapse of time they can lay claim to your property. To avoid such conflicts, you must obtain written consent to the sale of all persons living and registered in the residential premises of this apartment building. And also with the consent of their parents and guardians. It is best to find experienced professionals in law or law firms for the competent privatization of an apartment building.

Tip 3: How to privatize social housing in 2017

Privatization of social housing is its transfer by the state to the ownership of citizens. You can privatize housing for free only once in a lifetime until March 1, 2013. To do this, you need to prepare the prescribed package of documents and contact the department of housing policy of your area.

You will need

• - the passport;
• - application to the department;
• - extract from cadastral documents;
• - certificate of non-participation in privatization;
• - extract from the house and personal account;
• - resolution;
• - application to FUGRTS;
• - a receipt for registration.

Instructions

To formalize the privatization of social housing, submit an application from all registered persons on the living space. Everyone is obliged to apply personally or submit a notarized power of attorney to carry out privatization on their behalf. If one of the persons registered in the residential area does not intend to participate in privatization, it is necessary to obtain a written notarial refusal.

Next, you need to draw up cadastral documents for a social apartment. To do this, contact the BTI, apply for a call of a technical engineer, present your passport and a contract of employment or an order for, pay for the registration of technical and cadastral documents.

Based on the inspection of the living space, you will be issued all the necessary documents, write an application for an extract from the cadastral passport, a copy of the plan and explication of the building.

Contact the housing department. Get an extract from the house book about all registered in the living space and an extract from the personal account of the housing.

Free privatization started on September 1, 1991. If, before this period, you or persons registered on the living space lived in another place, you will need to obtain a certificate from the Department of Housing Policy from all places of residence about non-participation in free privatization. If you have once registered social housing for free, then the next time you register you will have to pay the cadastral value for it. To do this, get a certificate from the BTI.

With the received documents, contact the department again. You will be given a decree to transfer ownership of social housing.

Contact FUGRTS, write an application, pay the registration fee, present originals and copies of all documents received. In one month, you will become a social housing owner.

It is quite possible to carry out a quick privatization of municipal property. Long terms are required only for the preparation of the necessary package of documents, which is provided for by the established legislation for presentation to the Department of Housing Policy. If all documents are ordered and accelerated tariffs for their production are paid, the decree on the transfer of housing into ownership can be received within one month.

The privatization of an apartment (registration of public housing in private ownership) has become available to Russians since 1991 after the entry into force of Federal Law No. 1541-1 "On the privatization of the housing stock of the Russian Federation" dated 04.07. The government decided to enable people to become full-fledged owners of the apartments in which they now live under a social tenancy agreement. You can register rights and get ownership of municipal, communal housing or a room. Since the inception of the law, amendments and changes have been introduced into it several times, and the period of free privatization has been extended. According to the current legislation, you can privatize housing for free until March 1, 2018. If you do not take advantage of the law now, in the future, housing will have to be partially redeemed (it will cost depending on the cadastral price of real estate).

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How to privatize an apartment in 2017

The procedure is simple. You need to visit several instances and collect papers. It will take 3 months (not taking into account the time of collection and preparation of documents). Within 60 days, the application is considered, 1 month - private property is registered. How much does the privatization of an apartment cost is a separate question. The procedure is free, but certificates are paid and can cost 100, 500, 700 rubles. Expenses are limited to 3000 - 5000 thousand depending on the situation.

If you, after carefully considering the issue of the need for privatization, come to the conclusion that it is necessary, be prepared to go through the following steps:

1. Find out if the housing where you live can be privatized (read the laws and go to the housing office).
2. Inform people registered in the same apartment about your desire to discuss their participation in the process. If someone does not want to participate, they write an unaddressed refusal (registration with a notary will cost 500 rubles).
3. Determine whether you will formalize the sole or common property (it depends on who and how will be able to manage the housing in the future).
4. Go to the BTI. Employees will inspect the premises, determine the accident rate, whether there are any extensions and redevelopments. After that, if everything is in order, a technical passport will be issued.
5. Collect a package of documents (the longest and most laborious stage).
6. Write an application for privatization in the housing department of the city administration (or rural).
7. Wait until the application is considered.
8. After the decision is made, sign an agreement on the transfer of housing to private ownership.
9. Submit documents to Rosreestr in order to receive a certificate of registration of property rights in 1 month (if the registration process takes a long time and exceeds 1 month, you have the right to appeal to a higher authority with a complaint).

Features of apartment privatization

You can go through the procedure yourself or resort to the help of specialists if you do not want to stand in lines, run for papers and delve into the intricacies of the process. But you will have to pay for the service, how much depends on the region. The complexity of the process and the duration of the collection of documents will depend on various factors: consent or refusal to participate in the process of other tenants, the presence of illegal extensions or layouts, the presence of communal debts, the presence of registered but non-resident citizens, and so on.

The first steps in privatization are the collection of information, an agreement between the participants in the process and the establishment of legal relations between them.

What kind of housing can be privatized

According to the law, it is possible to privatize municipal and communal housing with state status, private and public housing cannot. Also, according to the law, privatization is not subject to:

1. Any housing is in disrepair.
2. Dorm rooms.
3. Service housing.
4. Housing in military settlements and towns.
5. Premises in buildings of environmental significance.

This is a list of the general provisions of the law. But with a special permit, you can register public or service housing as private property.

IMPORTANT: if you live under a gratuitous use agreement, you cannot privatize housing, if under a social rental agreement, you can.

Who can privatize an apartment

Tenants legally registered in the residential area (except for those who are registered temporarily) have the right to participate in privatization. The interests of minors are represented by their legal parents or guardians. The interests of persons who are temporarily absent (imprisonment, medical treatment abroad, military service) are protected by the state; during privatization, a share is reserved for them, regardless of how long they are absent.

IMPORTANT: according to article 11 of the privatization law, every citizen who has reached the age of 18 can privatize housing once in a lifetime. Repeatedly, those who previously participated as a minor, or whose rights were violated before, can participate in the process (this must be proven in court).

If one of the tenants does not want to participate in the privatization process, they write an unaddressed refusal, which is registered by a notary. The document is needed in order to resolve controversial issues regarding the apartment in the future.

Type of ownership

The choice of the form of ownership during privatization in the future depends on who will be able to dispose of the property. According to the law, the shares are distributed among all those involved in the process. And the form of ownership can be issued solely or jointly.

1. If sole property is registered, then only one person can dispose of the property.
2. If joint ownership is registered, then the spouses dispose of housing in agreement with each other. Without the permission of one, the other cannot do anything. When the property is divided, the property is divided in half.
3. If shared ownership is registered, no one can dispose of housing without the consent of the others.

It is important to take a responsible approach to the choice of the form of ownership, since often because of such moments, quarrels arise even between close family members.

Contacting the BTI (bureau of technical inventory)

If the apartment was redeveloped or extensions were made, there are two ways out to obtain permission from BTI for privatization:

1. Restore the former floor plan (remove the excess, complete the missing).
2. Legalize the redevelopment or annex by submitting the relevant documents to the local housing department and paying a fine (the process takes some time).

BTI specialists essentially establish whether it is possible to privatize housing or not and issue a permit, provide a technical passport for an apartment, which is needed for delivery to the housing department of the administration to the registration chamber.

Apartment privatization documents

The application of the established form and the required package of documents are submitted to the city administration in the housing department. It is advisable to visit him in advance and take a list of necessary documents. The application is written by each participant in the privatization. If you first obtain a notarized power of attorney, then one person can act on behalf of all participants.

Documents (submitted to the housing department under the city administration):

1. An application for privatization of the established form (the form will be issued in the office upon admission).
2. Passports and birth certificates (those under 14) of all participants in the process (originals and copies).
3. Social Tenancy Agreement (housing order or other document that confirms the right to reside in the apartment).
4. Technical passport of the dwelling (receipt at the BTI).
5. Cadastral passport of housing (information about the area, plan, coordinates of the apartment). If not on hand, you can order in the State Real Estate Cadastre at the place of residence or on the Internet on the website of the Russian register services.
6. Extract from the house book (obtained from the housing department or the passport office). It is necessary to indicate the number of registered persons in the apartment.
7. Certificate from the State Register on the rights to an apartment (taken from the registration chamber at the place of residence).
8. Certificate of absence of debt for utilities (it is better not to, but even if there is an apartment privatization is possible).
9. Sometimes you need to provide other documents: a certificate of marriage or divorce, a certificate of change of surname, permission from the guardianship authorities, if the owners are young children, etc.

Step-by-step instructions on how to privatize an apartment correctly

The privatization process can take up to 4 months in total. It all depends on the availability of certain documents and relations between residents of the living space. The procedure is absolutely free, but financial costs may be required for the execution of some papers (notarial power of attorney, etc.). Your actions, after the decision is made, the form of ownership is chosen, the participants in the process are determined:

1. We contact the BTI. Specialists will come, inspect the housing, estimate the cost, make a decision, after which it will be possible to pick up the technical passport. If there were no illegal rebuilds, there will be no problems at this stage.
2. We collect documents for privatization (the list can be obtained by first visiting the housing department of the administration or housing department at the place of residence).
3. We come to the housing department of the city administration, write an application and hand over the documents (all persons participating in the process come).
4. We are waiting for consideration. After the documents are accepted and the application is registered, consideration takes place within a period of up to 2 months.
5. We get permission and sign a contract. If the decision is positive, the participants in the process are invited to the housing department and sign the necessary papers.
6. We hand over the documents to the registration chamber to complete the procedure. We definitely provide:
   • registration certificate of housing obtained from BTI employees;
   • an agreement on the transfer of ownership of housing, obtained in the housing department;
   • a receipt for payment of the state duty (for registering ownership - 2000 rubles).
7. We are waiting for 1 month. Within 30 days (often you have to wait less) documents are registered.
8. We come and take the certificate of ownership of the property.

Do I need to privatize an apartment in 2017

Whether it is necessary to privatize an apartment, everyone decides for himself.

Differences between privatized and non-privatized living space:

1. A privatized apartment is your property and you have the right to do whatever you want with it: give it, change it, sell it, hang it up, do redevelopment in it, etc., this does not require permission from the state.
2. In the event of the death of the owner, the privatized living space is inherited by relatives who have legal grounds for this, and not privatized - it is returned to the state (the heirs, if they have lived with the owner all these years and are registered, can live, but under the same conditions).
3. For private housing, in addition to rent, you have to pay mandatory contributions for major repairs and taxes.
4. With a preferential relocation, the owners of a privatized apartment are allocated housing of the same size as it was, regardless of the number of registered persons. And those who have not privatized an apartment receive a new living space at the rate of 18 square meters (relevant for Moscow) for each registered one.
5. If there are debts on loans, the privatized apartment can be forcibly taken to pay off the debt, but the state one - not.

How to unprivatize an apartment

If your opinion has changed or circumstances have changed, the apartment can be unprivatized, but with the condition that the right to re-privatize the already unprivatized apartment is completely lost. Everyone has their own reasons. You should know the difference:

• deprivatization - people voluntarily return housing to the state;
• de-privatization - the return to state ownership is carried out by a court decision (annulment of privatization in case of violation of laws).

Conditions for deprivatization

• Housing to be privatized should not be inherited.
• After the privatization procedure, housing was not exchanged and did not appear in purchase and sale transactions.
• The apartment is not arrested and is not listed on bail by the bank.
• After privatization, people were not registered.

Subject to the above conditions, you can privatize the apartment yourself. The process and collection of documents is similar, the list of required documents is supplemented by a certificate stating that the privatized housing is not subject to bail or arrest.

QUESTION ANSWER

Question: how do you know if an apartment is privatized or not?
Answer: only certain persons established by law (owners, residents, heirs, judicial authorities, etc.) can receive a certificate with the necessary information

1. Contact BTI. They will provide information if the apartment was privatized from 19991 to 1998.
2. Contact the State Register. They will provide information on transactions made with the apartment since 1998.

Question: if the apartment is not privatized, who will get it after death?
Answer: a non-privatized apartment cannot be inherited. If one of the residents died, the rest of the registered persons have the right to still live in it, but on the terms of the same social employment (by the way, with the right to privatization). When the last registered person dies, the apartment will go to the state.
Question: is it possible to privatize an apartment with utility bills?
Answer: it is possible, since there are no prohibiting laws. But in practice, people face difficulties: the housing department does not issue an extract from the house book (and it is listed in the list of necessary documents), demanding to pay off the debt. The issue is resolved on an individual basis, depending on the amount of the debt. Way out: either to pay off the entire debt, or to take permission from the management company to issue a certificate, having previously paid 10% of the debt and drawing up a schedule for repayment of the debt in installments.

The municipal apartment is owned by the government. Accommodation in it is possible upon the conclusion of a social rent agreement. Sooner or later, many people think about re-registering public housing for themselves in order to become its full-fledged owners. After all, this makes it possible to dispose of it at will. How the privatization of public housing is carried out, you will learn from this post further.

Privatization is the process of transferring housing rights from the state to a specific citizen. Nobody obliges to carry it out, it is the right of every person living in state property. Its task is to create optimal conditions for people to have their own living space.

Municipal housing refers to a dwelling that is owned by the state and transferred for use to people on the basis of a social tenancy agreement. The property is transferred free of charge, with the exception of payment for utility services.

If the tenant dies, the property is returned to the local authorities. But citizens are given the right to draw up a will indicating further privatization. In this situation, only those people who have a residence permit in it will be able to apply for housing.

Any dwelling of the municipal type can be privatized, be it an apartment, a house, or parts of them. These objects can be transferred to private ownership. But there is property that cannot be privatized.

This includes the following:

1. Real estate located on the territory of a military camp.
2. House-museums.
3. Premises owned by commercial companies.
4. Buildings located in parks, squares, historical and architectural complexes.
5. Housing declared unsuitable for habitation due to emergency condition.
6. A room located in the zone of man-made accidents.

Residential property can be registered at any time, the legislation does not establish any deadlines. After all, this procedure is voluntary. If desired, the tenant can engage in the privatization of a share in a municipal apartment or the entire premises immediately after the signing of a social tenancy agreement.

Is it worth privatizing a municipal apartment: pros and cons

What is better a privatized apartment or a municipal one, the following table will help you figure it out.

Differences	Municipal apartment	Privatized apartment
Owner	The state	A specific citizen or several persons
Possibility of making transactions	No, only LSG has the right to dispose	There is, since a person is a full owner, he has the right to sell housing, exchange it, donate, and so on.
Redevelopment possibility	Not	there is
Eviction risk	High probability of eviction at any time when the state deems it necessary	Impossible to evict
Living expenses	Low, as residents only pay for utilities	High, since the owners will have to pay not only for utility services, but also fees for major repairs and other services
Tax liabilities	Not	There is a need to pay real estate tax

Who is eligible for privatization

In accordance with the social rent agreement, there is a specific tenant of the apartment who is responsible for making payments for utilities, maintaining the proper condition of the premises, and so on.

It is he who has the right to engage in privatization, as well as his family members who are registered in the housing.

The law classifies the following categories of persons as family members:

• Relatives.
• Dependents who are declared incapacitated and are fully supported by the employer.
• Other citizens by decision of the judicial authority.

IMPORTANT! All persons who have a residence permit in an apartment must give their consent to the transfer of residential premises into private ownership. The opinion is taken into account not only of adult citizens, but also of children over the age of 14 years. All of them are required to draw up a statement where they indicate that they are not against privatization.

Procedure rules

The privatization rules are quite simple, the procedure must comply with the following principles:

• Re-registration of real estate is carried out free of charge. Only state fees are payable.
• Privatization is entirely voluntary.
• The privatization agreement has a standard form throughout the Russian territory.
• The ability to privatize a share in a municipal apartment, and not just the entire premises at once.
• The agreement on the transfer of rights to property is drawn up in one copy, regardless of how many people took part in the procedure. If necessary, all participants have the opportunity to make a copy and notarize it.

There are two options for re-issuing:

1. Fractional ownership. In this case, each member of the family will own a certain part of the property.
2. Shared ownership. With this method of registration, the dwelling will belong to all participants in the procedure.

If the tenant lived in a municipal apartment that was deemed dilapidated or dilapidated, there is no need to rush into privatization. It is better to wait until the house will be resettled, provided with new housing, which will subsequently be re-registered in your name.

Apartments issued on the basis of law enforcement or military service are not allowed to be privatized. However, it is possible to obtain consent from the department for the transfer of real estate to the ownership of local authorities. Then only it is possible to deal with the privatization of municipal housing in a standard manner.

How to privatize a municipal apartment

Privatization is carried out in several stages. First, you need to obtain consent for registration, then register your ownership of the living space.

Where to go

First of all, you need to visit the administration, namely the department dealing with housing issues. You must come there with a statement. The organization will review the application and issue a privatization agreement.

After the agreement with the municipality is concluded, you will need to contact the Rosreestr authority to register the property right. You can visit the institution in person or send the documentation through the State Services portal.

You can also use the services of the Multifunctional Center. Recently, the MFC has been receiving documents for registration, which are then transferred to Rosreestr.

What documents are needed for the privatization of a municipal apartment

When contacting an LSG body, it is required to prepare a certain package of papers. It is necessary to carefully check that all documents are in place. The absence of even one certificate will result in refusal to accept the application.

The following is provided without fail:

1. Tenant's application with a request to re-register the dwelling.
2. The passport.
3. Certificate confirming the birth of a child.
4. Agreement with the administration on the rental of housing.
5. The technical plan of the dwelling.
6. Information from the bank account.
7. A certificate indicating the repayment of all payments for utility services.
8. A document confirming that the citizen refused to participate in the re-registration, if any. A certificate is issued in the BTI body. It should contain information about the period during which the citizen who refused to privatize lived in the apartment.

To carry out registration actions, the Rosreestr authority will need the following papers:

• Application with a request to record the transfer of ownership of the home.
• Applicant's passport.
• Agreement on the implementation of privatization.
• The technical plan of the dwelling.
• A receipt certifying the payment of the state fee.

Having accepted the package of papers, the employees of the registration institution or the Multifunctional Center issue a receipt. It contains the date when the citizen can take his certificate of ownership. From the moment the information is entered into the real estate register, the tenant becomes the full owner of the real estate.

Timing

Standard privatization registration takes 2 months. Entering data in the real estate register is carried out within a week, if you submit documents directly to the department of Rosreestr. If you register through the Multifunctional Center, then the registration period will increase by about 2 days, since the employees themselves do not deal with the procedure, but transfer the papers to Rosreestr.

The cost

There is no need to buy out a municipal apartment during privatization. But this does not mean that no expenses will be required. The procedure is accompanied by the use of various services that must be paid for.

The maximum amount is 2000 rubles , which is paid for the registration of ownership of an apartment or private house. This is a state fee, so payment is required.

If you need to draw up a refusal to take part in privatization in a notary office, you will need to pay about 500 rubles for notary services. For the preparation of a technical passport also a state duty is paid in the amount of 1000 rubles .

If an illegal redevelopment was carried out in the room, then upon re-registration this fact will be revealed. This will entail the imposition of an administrative a fine, the amount of which is 2,000 rubles.

Thus, privatization will be released in about 3.5-5 thousand.

Is it possible to privatize a room in a municipal apartment

A person renting housing from the state has the opportunity to re-register only a room for himself. But there is one caveat. It is impossible to separate a share from an ordinary dwelling; local authorities will not agree to this. It is allowed to take over a separate part only after the entire apartment has been transferred to private ownership.

The municipal authorities are allowed to re-register only those rooms that are in communal apartments. In this case, the citizen must live in the premises on the basis of an agreement with the administration. In this case, the consent of the neighbors in the communal apartment is not even required. The decision to carry out the privatization procedure is made alone.

Previously, legislation required first obtaining the approval of other residents of a communal apartment, so that all real estate was transferred to private ownership at once. But over time, this prescription was canceled and the state allowed the procedure to be carried out at its own discretion.

IMPORTANT! The consent of other tenants is required only if they live directly with the tenant in the same room. They will need to write a statement in which they indicate that they are not opposed to re-registration. Their presence is also required during the procedure.

The procedure for privatizing a room in a municipal apartment is almost no different from the re-registration of the entire property. The employer also needs to collect papers, the list of which includes a passport, papers from the BTI, a certificate of absence of debts, and so on.

Communal apartments have an important difference from other living quarters. It consists in the availability of places for general use. These include the kitchen, bathroom, corridor, pantry, hallway. All residents are entitled to use these parts of the property equally. The order of use is determined by them in agreement.

The employer will need to allocate a share of these locations. It is calculated as follows: all the areas of living rooms are added up, the amount is divided by the area of \u200b\u200bthe room transferred to private ownership. The result will be a value that will be considered the share of the new owner in all public places.

After determining the share, it is necessary to document it. All residents of the communal apartment must sign a paper, thereby confirming that they are not against the size of the share. If any of the residents does not want to put their signature, you can go to court.

The allocation of shares does not mean that each tenant will use only a part of the room, for example, half a bath. This is physically impossible. The allotment is necessary in order to simply secure their right to common areas.

After obtaining ownership, a citizen has the opportunity to sell his room, rent it to other people and make other transactions available to every real estate owner.

How to sell a municipal apartment without privatization

Only its owners are allowed to make civil transactions with real estate. If the housing is not privatized, the tenant is not its owner, which means he has no right to sell, donate, change, bequeath the premises.

In this case, the owner is the state. It can fully dispose of its property, including selling and exchanging.

What to do if someone is against registration

Ownership requires the approval of all participants in the procedure. If at least one person is against it, re-registration is impossible. Therefore, it is necessary to try to negotiate, to offer profitable options.

If a citizen is not against privatization, but simply does not want to take part in it, he needs to write a refusal and notarize it. In this case, the registration of property takes place without hindrance, and the person who refused the share will have the right to live in the privatized apartment as long as he wishes.

Thus, privatization gives citizens more opportunities to manage the apartment. This is a big advantage over using municipal housing.

A professional lawyer can help with the privatization of municipal housing and its subsequent sale. Signing up for a free consultation with you takes place directly on our website. Leave your contacts in a special form and we will call you back.

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