Should an apartment be privatized: the pros and cons of privatization. Step-by-step instructions for privatizing an apartment

The transfer of federal or municipal residential space into private ownership of citizens of the Russian Federation is defined as “privatization of an apartment” - where to start the registration procedure?

Terms of voluntary and free denationalization (free privatization) of apartments in favor of individuals ends on March 1, 2016, so you must complete all formalities within the period specified by the authorities.

IN next year the privatization process (Latin privatus - private) will not end, but will go into a paid form.

The primary office is the privatization department in the Housing Policy Department.

The location of the department for registration of property rights in each city can be found in the housing department (housing and maintenance department) or, for example, by calling the city information line.

Multifunctional centers (MFCs) – “one-stop services” created for the convenience of citizens – do not operate effectively everywhere, so the services of private intermediaries for processing documents remain in demand. To determine the right of an intermediary to work with customer documents.

Nuances and features

Privatization of housing is refused in cases where the premises have the status of a dormitory, official or emergency housing. Also not subject to denationalization are apartments on the territory of closed military camps and housing stock subordinate to institutions. social protection(nursing homes and others).

In each case, there are exceptions that can be clarified with government agencies at the place of residence registration.

In order for citizens to take ownership of privatized residential premises, it is necessary to enter information into the Rosreestr.

Adults registered at the same address have the right to issue a waiver of privatization in favor of any family member.

A written statement of refusal must be notarized.

For individuals, participation in free privatization is permissible in relation to one piece of residential real estate. The law defines 25 working days for state registration of property rights. Delays occur at various stages of collecting a package of papers. Possible reasons suspending the process:

  • illegal redesign of premises;
  • repeated changes in registration of place of residence;
  • separated from parents or her absence;
  • unpaid services.

Who is involved in privatization

In the gratuitous denationalization of persons included in the order, lease agreement or registered (registered).

The process is voluntary - it is carried out with the consent of all participants, controversial issues are resolved in court.

If the initial composition of tenants changes, it is necessary to confirm the impossibility of their participation with documents (death certificates) or through court decisions.

With several persons involved in the establishment private property, the living space is registered as equal ownership of real estate.

It is possible for one person to take possession of an apartment, provided there are notarized waivers in his favor from other participants.

An agreement is drawn up for the transfer of ownership of the apartment, which indicates the shares of all participants in the privatization.

Rights of minors

If during the period of denationalization minors are registered in the premises, then they become full participants, with the allocation of a share. The privatization of housing will be followed by a refusal from government agencies, subject to the discharge of young children six months before privatization.

For minors, there is an exception to the rule (one object of free privatization); upon reaching 18 years of age, they acquire the right to participate in such privatization again.

Required documents

For department specialists filling out applications for the privatization of apartments, it is important to have valid civil passports of all participants, as well as photocopies of pages with personal data and registration on A4 paper (about the required package of documents).

When signing the agreement, the signatures (consent) of all registered family members over 14 years of age will be required, even if they do not take part in the privatization.

Minor participants under 14 years of age indicate their involvement in the process with birth certificates, and parents or representatives of guardianship authorities sign the application for them. Attentive employees will not miss the presence of children involved in the process, even if they are not registered at the address in question.

Documents about family ties are required - a marriage (or divorce) certificate. Additional information or frequent changes may be required permanent place residence. Similar requirements arise to confirm the unused right of free privatization.

This happens through the provision of certificates from each place of residence starting from the age of 18 or from January 1, 1993. Certificates from previous places of registration indicate all registered family members at the time of residence, as well as the dates of registration/discharge of the applicant.

Property data

The next most important documents are the documents that served as the basis for citizens to move into residential premises - a warrant, a lease agreement, or another document.

To submit an application for privatization, there is no need to re-issue an order for a rental agreement.

A new valid one is issued every 5 years; in its absence, a letter is received from the privatization department of the Housing Policy Department to the BTI (technical inventory bureau) with a request for drawing up. Delivery of the request and payment for services for drawing up a technical passport of the apartment occurs with the participation of future property owners.

The registration certificate is the basis for privatized real estate; its registration will require a visit from an inspector from the BTI.

If an unauthorized redevelopment is discovered, it is necessary to contact the architectural authorities of the local administration - the privatization procedure is suspended until the necessary documents are received.

The role of the passport office

Provided where the data is indicated:

  • current and previous registration in the apartment;
  • no arrears in paying utility bills.

The procedure for privatizing an apartment

  1. An application for privatization of housing is drawn up on the established form at the privatization department.
  2. The signatures of all participants in the procedure on the application confirming consent to privatization are certified by the inspector.
  3. The verification of the application and attached documents by the employees of the privatization department ends with the payment of the registration receipt (state fee).
  4. A note in the journal about the acceptance of the application by employees of the Housing Policy Department.
  5. Registration of technical passport in BTI.
  6. Signing of an agreement on the transfer of ownership of the apartment by all participants in the privatization.
  7. in bodies in the Office of the Federal Registration Service (UFRS).
  8. Receipt within a month of a contract with a seal and signatures.

Pros and cons

Denationalization of municipal or public housing provides owners with rights and obligations, the positive and negative aspects of which are relative.

In fact, the disadvantages are not very significant compared to the advantages, so most people still agree to the privatization of housing.

Owner's rights and benefits

  • The ability to make transactions with housing - exchange, .
  • Registration of registration and registration of third parties in the living space, both temporarily and permanently, is at the discretion of the owner.
  • Eviction from housing is impossible without reimbursement or provision of a similar apartment.
  • The redevelopment process in accordance with the legislation of the Russian Federation is simplified.
  • It is easier to take out a mortgage loan secured by an apartment or house you own.

Responsibilities and cons

  • Annual payment of property taxes.
  • The rent increases due to the acceptance of obligations in the maintenance of common building structures.
  • When moving a building to in emergency condition Owners receive apartments with the same area, unlike tenants - 18 m2 per registered person.
  • , in the absence of a will.
  • The state does not provide subsidies for housing costs, but reserves the right for the owner to deprivatize housing - return it to state ownership.

Price

Depending on the region, the cost of state duty, payment for issuing a certificate at the BTI, and notary expenses are estimated at 1000–4000 rubles.

The privatization procedure takes up to 4 months - with some cash injections it is possible accelerated process privatization – from 10 to 30 days.

Surely each of you is for recent years I heard about the extension of privatization. Few citizens are interested in what it is and what they eat it with.

Many people avoid this topic, not considering it necessary to shoulder all the design.

Based on the number of non-privatized housing, the state is forced to postpone the deadline for free registration.

This issue should be considered in more detail and try to determine whether such a process really entails the presented paperwork.

Privatization is the process of transferring municipal property into the ownership of a citizen of the Russian Federation, that is, into private hands. After the transfer of ownership rights to the new owner, the state ceases to exercise relevant control.

Today, the presented process is characterized by competition under capitalism. She has reverse side medals, where some enterprises, after unsuccessful construction on owned lands, significantly lost profits. Of course, such nuances do not apply to apartment buildings. And, nevertheless, before starting the process, you should consult a specialist and carefully study all the negative consequences after privatization.

Who has the right to privatize an apartment?

The entire process is handled by the future owners of the apartment, as well as the owners of housing under a social lease agreement, who still live in the apartment and have not previously participated in privatization. This condition also applies to all family members who will participate in shared ownership.

How to register the privatization of an apartment?

Privatization requires time to prepare all documents, as well as downtime in queues for submitting documents. You should not forget about paying the necessary state fees. Often people are simply too lazy to engage in the process presented. Therefore, they turn to organizations offering relevant services.

Privatization of an apartment is carried out in two ways.

  1. On one's own. Self-registration does not require additional cash. Also, you can always go to a government office at a time when it is convenient for you. But often such visits are postponed indefinitely, citing busyness. Therefore, if you decide to privatize the apartment yourself, be prepared that all the registration may take a whole year.
  2. With the help of specialists. The second way to register is to use the services of specialists: realtors and lawyers. Here you will have to pay for services that often cost several tens of thousands of rubles. The cost of services is calculated based on the complexity of the preliminary registration of a social tenancy agreement. In this case, it is necessary to collect more documents to approve privatization for a specific apartment.

The additional financial resources spent are not the only drawback in such services. Here you will also sometimes have to change your plans regarding your daily routine, because on a day convenient for the specialist, you will have to appear at the government agency for signature. This fact sometimes radically changes the intended plans for using these services.

A significant positive point here is the significant time savings. On average, all registration takes from two to four months.

Important to know! When choosing specialists, contact and entrust your documents only to trusted lawyers and realtors who have a positive reputation in your city.

Why is apartment privatization necessary?

Owning a home gives owners certain opportunities to manage their own square meters.

For example, the owner has the right:

  • rent out living space under a contract;
  • sell it if necessary, and use this money to purchase a larger apartment;
  • draw up an inheritance, where any citizen can be specified as heirs.

All of the above advantages definitely please the owners, but there is another unpleasant side to the issue. Privatized housing has several negative aspects that can backfire on the owners.

So we can identify several situations when privatization of an apartment is not profitable.

  1. The homeowner now bears full responsibility for the apartment and its external condition. He himself carries out major repairs and cannot take advantage of any benefits provided by the social lease agreement.
  2. The owner pays himself public utilities, which in some situations can be several times higher than under the current contract.
  3. Sometimes privatization is unprofitable for those citizens whose apartment is in a dilapidated building. Here the family is applying for a new living space. If the apartment is owned, the family will receive living space equivalent in square meters. In the case of a municipal apartment, the calculation square meters 18 square meters are provided for each family member. In this case, you should think about the feasibility of registering your property as a property.
  4. It is also unprofitable for a single person who has no heirs or other relatives to register ownership of an apartment. They will be forced to pay for utilities in full, which is often costly. After the death of a single citizen, a non-privatized apartment goes to the state.

Important to remember! Like any issue, privatization has its positive and negative points. Therefore, it is necessary to weigh all the pros and cons before registering ownership of the apartment.

List of documents for privatization

Registration of ownership of living space requires the following documents:

  • all identification documents of citizens participating in privatization. For adults - a passport, for children under 14 years old - a birth certificate;
  • social rent agreement, which was drawn up in the department of the Department housing stock;
  • extract from the house register;
  • a certificate from the BTI with a technical passport for the living space, which fully indicates the entire floor plan of the entire building;
  • financial and personal account certifying the absence of rent arrears;
  • a warrant for the apartment, in case of its absence, a certificate with permission for privatization;
  • power of attorney for the person who collects documents, signed by all family members involved in privatization;
  • check for payment of state duty.

You may also need additional documents that will provide information about citizens registered in the apartment, but not living in it for at the moment in view of certain good reasons: are in prison, sent to study in another city or country, etc.

Privatization of an apartment. Where to submit documents?

To begin registration, all participants in privatization must contact the Office of the Department of Housing Policy and Housing Fund. Here you must have all original identification documents with you. You should also provide an extract from the house register stating that you have not previously participated in privatization.

Further on installed program in the “one window” mode you will be given all the receipts that will need to be paid for the preparation of documents. After paying state fees, the process starts. After some time, you are called to sign an agreement on the transfer of ownership of the living space.

Step-by-step instructions for privatizing an apartment

Privatization of an apartment is carried out in several stages.

  1. Collection of all the documents listed above. Here it is necessary to clarify that the slightest flaw on your part and the transfer of ownership of the apartment may be refused.
  2. With the collected documents, one of the family members to whom the power of attorney has been issued applies through the “one window” to the Office of the Department of Housing Policy and Housing Fund. The future owner writes an application to transfer the apartment into the ownership of his family and pays the state fee.
  3. After a certain time, a second visit to the Department’s Office follows to sign an agreement on the transfer of ownership of the living space.
  4. The signed agreement must also be registered. To do this, you contact the Main Directorate of the Federal Registration Service in Moscow. Your apartment is registered with the BTI, and you receive a registered agreement on the transfer of ownership of housing.
  5. Privatization of a service apartment

    Service apartments are provided to civil service employees. These apartments are the property of a specialized housing stock, and therefore are given to employees for use at the time of their service in the organization that provided the opportunity to live in the apartment. After termination employment contract the organization has every right to evict tenants without providing them with appropriate living space.

    The privatization of this type of apartment has always worried citizens and generated a lot of controversy. Due to the law, registration of such apartments as property is impossible. However, there are several moments when such a transfer of ownership of an apartment is possible. Firstly, you can simply submit an application to the organization, and if it deems it necessary, it will give the go-ahead for the privatization of a service apartment. This feature depends only on the compassion of the leadership. As practice shows, cases of transfer of ownership of service apartments are noted, but often only after service at the enterprise for at least 10 years.

    Secondly, you can apply to remove the “official” status from a certain apartment and transfer it to municipal housing. But this possibility is also feasible with the consent of the organization. They simply apply to the city administration to take over the apartment. As a result, both cases presented are directly dependent on the organization and its leadership. It will not be possible to privatize a service apartment without the consent of the enterprise management.

Housing privatization - what is it? When does privatization end? Whether it is worth privatizing an apartment is a question containing several nuances. There are comparatively more advantages for all parts of the population, but there are also disadvantages.

What is privatization? This is a process that began more than 20 years ago. Specifically, since July 4, 1991. It involves the transfer of state residential real estate into the ownership of residents. To do this, it is important to be included in the social rental agreement and have the status of a resident (on a permanent basis) or someone for whom the space is reserved. Whether it is worth privatizing an apartment is a question that everyone decides on their own.

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Housing Privatization Law

Pros and cons, is it necessary to privatize an apartment?

Whether it is worth privatizing an apartment is an individual choice for everyone, but the procedure has a significant advantage - you get housing almost free of charge. The costs are only for paperwork.

Free privatization of housing allows you to register anyone you want in a privatized apartment, coordinating the issue only between the share owners. It will also be easier to go through the redevelopment process. You can make money on it by renting it out. It will be easier to draw up short-term contracts and renew them regularly. If you are the owner of an apartment, then they will no longer be able to evict you from it and write you out, even with large utility debts.

There is also a psychological aspect of going through the procedure of paid and free privatization of an apartment - a person simply enjoys feeling like the owner.

Changing the status of housing has its own nuances. For example, you cannot exchange such an apartment for a non-privatized one. It is possible to refuse privatization in order to transfer the property back to the state, but this is a rather complicated process. It will also be more difficult to obtain subsidies and other benefits.

Privatization for the poor: pros and cons

The advantages of the procedure include the fact that privatized housing can be sold, purchased a smaller apartment, leaving the difference at your own discretion.

But there are also disadvantages that influence the refusal of privatization, among which is an increase in utility costs, because they will now include the maintenance of household property. Plus, the amount of property taxes will increase. Also, you will not be able to get real estate for free. larger size, for example, when the house is to be demolished. Only compensation. Therefore, you need to analyze in detail whether it is necessary to privatize the apartment in this case.

Privatization for pensioners

Privatized apartment old man will be able to bequeath to relatives, and he can shift part of the costs of the privatization process onto their shoulders. It can also be used as a contribution under an annuity or lifelong maintenance agreement.

The reason for refusing privatization may be the risk of losing housing. Since in the event of a disaster, new ones will no longer be provided to you, only in individual cases, which are difficult to achieve. You can apply, but this, again, is additional expenses and monthly fees.

Debtors

Among those who have the right to privatize an apartment, there may also be residents with debts on utility bills. These two situations should not influence each other, so organizations cannot interfere with the procedure.

The refusal of privatization may be influenced by the nuance that now the apartment will become your property, and in the case of other debts (for example, loans), the apartment may be seized, and soon it will be completely deprived of you. People cannot be evicted from a non-privatized room for bank debts.

Refusal of privatization and right of lifelong residence

If desired, you can issue a refusal to participate in privatization. If some residents refuse, others can still privatize the property for themselves. Everyone will own their share, including children, even if they are not registered there, but have the right of residence. A notarized refusal of privatization must be certified by the relevant institution.

There are two types of process reluctance. The first is the refusal of privatization, when a person deliberately does not use his right, and because of this, other residents also cannot use it. There is a refusal to participate in the process, which is done in favor of other persons living in the apartment, all in equal shares, and not one specific person.

If you have not decided whether to privatize your apartment, do not forget that living in it is not free and you need to pay for social rent. You will be able to use the housing for exactly as long as possible until the last family member leaves it. Anyone who leaves the property is deprived of the right to use it.

Features of the rejection process

When does the privatization of apartments in Russia end?

A few years ago, free privatization of housing was introduced . This has made life easier for many families, but this program has a limited validity period, which has already been extended five times. It was announced that the law on apartment privatization states that for now last date– March 1, 2017.

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Housing hasn't been privatized yet? Hurry up if you intend to do this: free privatization in Russia will end on March 1, 2017. And if you are still wondering whether it is worth changing the status of the living space in which you live, transferring it into personal property, read our article. We will analyze the advantages and disadvantages of apartment privatization, how to implement it correctly, and what are the features of the procedure.

What is the meaning of privatization and why is it needed?

Privatization of an apartment is a way to transform the legal “format” of real estate, turning it from state, municipal into private, owned by a specific citizen (or several co-owners). Persons using housing on the basis of a social tenancy agreement can register it as their property free of charge once in their lifetime. The exception is minor citizens. Having already taken part in the free privatization of an apartment once with their relatives (a mandatory condition for families with children), they can once again privatize another property free of charge after their 18th birthday.

However, when registering ownership of real estate after privatization, you will have to pay a state fee. However, this amount is disproportionate to the cost of paid privatization, which will be calculated in accordance with the cadastral valuation of the apartment. Free privatization extended in once again until 03/01/2017, whether it will be extended again is unknown. To make sure you have time, you must submit an application about your desire to register ownership of the living space before 02/28/2017 inclusive.

Pros and cons

Having privatized an apartment, you will be able to dispose of it at your own discretion: sell, exchange, bequeath, donate, mortgage, register anyone for living space. All these manipulations are excluded if the apartment does not belong to you, but to the state or municipal authorities of your city. The advantages of apartment privatization also include the fact that it is possible to lose real estate that has become official property only in exceptional cases, strictly by court decision, and nothing else.

Speaking about the disadvantages of privatization, it should be noted, first of all, that this procedure is unprofitable for those citizens who are in line to improve their living conditions. For example, a user of a non-privatized communal apartment who occupies a room with an area of ​​less than 18 m², upon resettlement, will receive a larger living space that meets living standards. If the housing is no longer municipal, it becomes the property of this citizen through privatization; when the communal apartment is resettled, he will receive real estate of the same square footage as before, and not the 18 m² established by law for each registered person.

The downside of privatization is the obligation of the apartment owner to pay property taxes and bear the costs of major home repairs. In addition, if housing is lost as a result of an accident or natural disaster, the property owner has no right to count on government assistance in providing alternative living space. If such a nuisance occurs with a municipal apartment, the responsible tenant receives other housing (at least this is provided for by law).

Have you decided for yourself that there will be privatization? Let's move on.

Can any housing be privatized?

Not all state or municipal housing without exception is subject to privatization. Thus, it will not be possible to register ownership of a room in a hostel if it is not on the balance sheet of the city or any enterprise as a residential facility, or is specialized (for students, military, etc.). It is also impossible to privatize apartments in dilapidated buildings that are subject to demolition.

Rules and features

So, how to privatize an apartment correctly? Let's figure it out. Prerequisite– consent to the procedure of all persons registered in the housing space and who have not previously exercised the right of free privatization. If one of the family members does not agree, it is required to obtain his written refusal to participate in privatization, certified by a notary, which can subsequently become a decisive argument in a dispute over the division of property ownership rights.

At the same time, the state protects the rights of citizens who cannot take part in privatization due to circumstances beyond their control (departure for work, treatment abroad, being in places not so remote, etc.). They retain a reservation for part of the privatized real estate.

When minors under 14 years of age participate in privatization, actions on their behalf are performed by parents or guardians (the same applies to incapacitated citizens). Teenagers over 14 years old put all signatures independently, but with the consent of official representatives (parents/guardians), which must be recorded in writing in the application and privatization agreement. In addition, it is important to obtain the consent of local guardianship and trusteeship authorities when performing a procedure involving minors.

As mentioned earlier, the right to free privatization is given once, with the exception of persons under 18 years of age. If a citizen has changed his place of residence, moved from one region to another, and wants to privatize housing at a new address, he must have in hand a certificate issued by the municipal authority at his previous place of residence, indicating that he has not yet participated in the free privatization of real estate. Those who have changed their passport for any reason also need such a document (taken from the passport office).

If housing redevelopment took place, all changes must be legalized.

How to privatize an apartment in Moscow: step-by-step instructions

Now we will draw up step-by-step instructions for privatizing an apartment in Moscow. To successfully implement your plan, you need to take the following actions:

  1. Obtain consent to privatization or a written refusal to participate in it from all family members registered in the living space.
  2. Draw up an application for privatization according to the official form.
  3. Contact the BTI for the issuance of a registration certificate for the apartment (the housing will first be checked for its condition and the presence/absence of illegal redevelopment).
  4. Prepare documents related to the property.
  5. Submit the package of papers to the Department of Housing Policy and Housing Fund of Moscow, wait for its decision.
  6. Sign the privatization agreement with the participation of all persons who have given consent to it.
  7. Register ownership of privatized apartment in Rosreestr.

Standard list of documents for privatization of an apartment:

  • passports, TIN, marriage certificates, birth certificates of all participants;
  • social rental agreement, order for an apartment;
  • technical passport of the living space received from the BTI;
  • cadastral passport of the object (if it is not available, you can order it from Rosreestr, including online on the official website of the federal service);
  • an extract from the house register indicating all registered residents;
  • certificate from the Unified State Register of Residential Property;
  • certificates of personal accounts, presence/absence of debt on utility bills (be prepared for the fact that you may be required to pay them off before privatization);
  • a receipt confirming payment of the state duty for privatization (the amount can be divided equally among all participants).

As you can see, the process of privatizing an apartment is not as simple and fast as we would like. On average, it takes 2.5–3 months, and this does not take into account the time for collecting documentation. It takes about 2 months for the housing department of the local government to consider the privatization application and submitted papers. And another 10-20 days (but not more than a month) to register ownership.

The future owner of the property cannot avoid multiple visits government agencies, bureaucratic routine, difficulties with completing an impressive list of documents. The city real estate service is ready to take on all the hassle associated with the privatization of a municipal apartment. Trust the professionals, take care of your time and health!

Many questions are received during the consultation regarding the privatization of an apartment: deadlines, documents, what nuances may lie in wait, as well as the pros and cons of privatization...

In this article we will clarify all these questions and try to answer all your comments.

Pros and cons of privatization.
Cost of privatization.
What are the legal deadlines for privatization? How quickly is everything processed?
Required documents.
Privatization: procedure step by step!
○ Video tips.

Housing privatization is a procedure for transferring apartments and other residential premises into the ownership of persons legally residing in them. The right to free privatization has been granted to Russian citizens since 1992 and has been maintained for more than 20 years. This layer of law is quite extensive and is most widely represented on our website.

In fact, privatization is a chain of sequential actions: collecting documents for real estate, sending an application to the relevant department of the executive authority of the subject, concluding an agreement to obtain ownership of housing through privatization and registering the acquired property right with the Rosreestr authorities. However, the scheme seems simple only at first glance.


○ Pros and cons of privatization

ADVANTAGES

[Once] The first and main advantage is that such an apartment costs the owners a tiny amount - only the costs of completing all the paperwork. If you were given housing under a social rental agreement and the required period of ownership has passed - feel free to privatize the apartment, without hesitation.

[Two] The legal owner of privatized property has the right to carry out any actions with the living space: sell, donate, bequeath or lease. In contrast to social rented housing, which can only be exchanged and only with the permission of the municipal authorities that provided it.

[Three] homeownership is almost impossible. Theoretically, the state has the right to sell an apartment for utility debts, however, cases of such practice are rare and are caused by excessively gross violations of payments. Other persons who did not have the right to carry it out as established by law also do not have the right to challenge privatization.

[Four] Freedom of action when registering and deregistering residents. The owner, at his discretion, can register the number of people required by law. We have discussed in detail the issues of registration, registration and deregistration.

FLAWS

[ Once] The key disadvantage of privatization is the constant increase in utility bills. The apartment owner is required to pay more for repairs to residential premises. Major renovation of a residential building is further added to the value, while the property does not become the property of all improvements; in fact, they go to the state.

[ Two] Payment of property taxes. The rate depends on the cost of housing and is determined by regional authorities.

[ Three] Impossibility of managing social rented housing in full.

[ Four] At the moment, the privatization of apartments is free, this law extended by the President of the Russian Federation until 2015 (and most likely will be extended further). It is known that this is the last extension of the free privatization procedure, however, similar statements have already been made more than once and each time the deadline for privatization was extended.

[ Five] The timing of privatization depends on the specific case and, according to established practice, the process takes from 2 months.

Some nuances of privatization

The first thing you need to understand before carrying out privatization is to find out whether this procedure is possible for the occupied apartment.

So, the apartment must be owned by the municipality or federal property, and the basis for its use is a social tenancy agreement. Service housing owned by legal entity, premises of specialized housing stock.

In addition to the ownership regime of the apartment, its suitability for habitation is also important. According to the law, it will be impossible to privatize an apartment in a building recognized as unsafe and unfit for habitation.

It should be borne in mind that the privatization procedure requires a significant amount of time. As a rule, it will take considerable time to collect technical documentation for an apartment, decoration technical plan and other documents.

There is another one important nuance: privatization must be carried out in strict accordance with the procedure established by law, with the content of reliable information in all documents provided.

Any inaccurate information or procedural violation during the procedure will allow the municipality or other public authority challenge privatization, terminate and invalidate the contract and receive judgment on the eviction of persons participating in privatization.

○ Terms of privatization according to the law, how quickly is everything processed?

Free privatization at the initiative of deputies of the Russian parliament has been extended until March 1, 2015. Accordingly, documents for obtaining ownership of an apartment through privatization will be accepted in the relevant departments of the municipality until February 28, 2015.

The question of a subsequent extension of free privatization was repeatedly raised. Thus, it is possible that the above date will not be the deadline.

As for the duration of the procedure itself, the average duration of registration, consideration and issuance of all documents, including registration of property rights with the Rosreestr authorities is 2 months.

When collecting documents, it is also worth considering that some papers have their own validity period:

  • Extract from the Unified State Register for the property – no more 30 days.
  • Certificate of personal account status (for payment of housing and utility bills) – no more 30 days.
  • Extract from the house register – no more 14 days.

After the expiration date of the above documents, you must issue them again. Presentation of an expired document may result in refusal to carry out privatization.


○ Required documents

A complete list of documents required for registering ownership of an apartment through privatization is established by the relevant executive authority of the region or municipality entrusted with these powers.

The standard package consists of the following documents:

1. Consent (power of attorney) or refusal of persons living in the apartment to participate in the privatization procedure. executed in writing and subject to notarization. It is also possible to renounce a share in the right to a privatized apartment in favor of any family member.

2. Permission for privatization of guardianship and trusteeship authorities - necessary if minor children are registered in the apartment. In addition, children over 14 years of age can also consent or refuse to participate in privatization. Many Before carrying out the procedure, however, this should not be done - if the child was discharged from the apartment less than six months before submitting documents for privatization, it will be refused.

3. Originals of personal documents of persons living in the apartment: passports, birth certificates, marriage or divorce certificates, and for deceased family members - death certificates;

4. Social tenancy agreement – ​​a document confirming the right to use an apartment subject to privatization. If such an agreement has not been concluded, you must contact the department for municipal property affairs, having a warrant in hand;

5. An extract from the personal account - a document confirming the presence or absence of debt on housing and utility bills. An extract can be obtained from the management or other housing maintenance company.

6. Extract from the house register. You must obtain such a document from the Federal Migration Service office or the passport office of the service organization.

7. A document confirming the fact that the persons participating in privatization have not used such a right before. Such a certificate is issued by the BTI (until 2000) and the Rosreestr authorities (since 2001), depending on the date of registration in the privatized apartment.

8. Technical passport of the apartment. If there is no such document, then it should be submitted to the BTI. A new passport must also be obtained if the apartment was remodeled or rebuilt and such a document with the changes was not issued, or the redevelopment was not approved (we talked about redevelopment in more detail in our article: ). Among other things, if unapproved redevelopment is carried out, the responsible tenant may be fined.

9. A document confirming that the apartment has not previously been privatized. In this case, you may need an extract from the Unified State Register in relation to the property.

10. Application for privatization is a document of a standard form, usually drawn up on the letterhead of the public authority entrusted with the authority to carry out privatization.


○ Privatization: procedure step by step!

Theory is good, of course, but we decided to describe step by step what you need to do to privatize your living space.

The privatization procedure itself is a chain of the following sequential actions:

Step 1

Collection of all documents necessary for privatization. It is recommended to start with a technical plan or explication. As a rule, such documents are processed by the BTI in about one month. Then you should proceed to obtain a certificate stating that the apartment has not been previously privatized and an extract from their Unified State Register.

Step 2

Contacting the executive body of public authority (municipality) to write an application for participation in privatization. All persons involved in privatization must appear to write an application. At the same stage, notarized documents (if any) must be provided. Along with the application, you will also need all the documents listed above;

Step 3

Concluding an agreement for the transfer of an apartment through privatization. This document is usually prepared by municipal specialists within 10-14 days. Such a document, duly signed and executed, will be the basis for registering ownership.

Step 4

Registration of property rights with the Rosreestr authorities and obtaining a certificate of ownership.


○ Cost of privatization

It is clear that privatization is relatively free. Regarding the cost of the housing itself... In general, the cost of privatization consists of the amount of state duties paid during the preparation of all documents. Approximate cost is:

  • 500 rubles – registration of refusal to participate in privatization with a notary;
  • 500 rubles – state duty for registration of common property rights with the Rosreestr authorities;
  • 984 rubles – the cost of preparing a technical passport;
  • from 2000 – fine for illegal redevelopment;
  • about 100-200 rubles per person (the price is set by each region independently) - the cost of a certificate of non-participation in privatization;
  • 500 rubles – the cost of an extract from the Unified State Register for the property.

Total - about 3-5 thousand rubles.

You see, privatizing an apartment is not such a complicated and expensive procedure. At the same time, in order to carry it out correctly, and in order to avoid lawsuits and claims in the future, all the subtleties and nuances described above must be observed, as well as the sequence of actions established by law.

VIDEO: The leading lawyer of the Legal Expert company, Mikhail Skigin, talks in an accessible form about the privatization process and the problems that you may encounter.

If you have questions, be sure to use or comment.



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