Help for bti privatization. How to privatize an apartment - who has the right and the necessary documents, the cost and timing of the procedure

Since 1991, it has become possible in Russia to receive housing from the state into the ownership of citizens, the concept was introduced - "privatization". Until that moment, citizens occupied residential premises under social tenancy agreements and did not have such an opportunity.

The goal was to create conditions for the exercise of the right of citizens to freely choose the way to meet their housing needs. contributed to the improvement and preservation of the housing stock.

One of the initial steps in registering an apartment as the property of citizens is to collect the necessary. On the site you can find additional material by (both basic and additional).

Then follows the signing between the authorized body (for example, the district administration) and the citizen (or citizens) who submitted the application for privatization and the resulting ownership of the apartment by an individual.

What is privatization of an apartment and why is it needed?

Privatization of the apartment, in accordance with Art. 1 Law of the Russian Federation dated 04.07.1991 No. 1541-1, is free transfer in the ownership of individuals occupied by them housing. Thanks to this, the right of citizens is ensured, which consists in choosing a way to satisfy their needs. housing needs by creating the necessary conditions for this.

Initially, the completion of the free privatization of housing was scheduled for March 1, 2017 (at the same time, it has been extended more than once). However, when considering and discussing amendments to the bill on the extension of free housing privatization, it was proposed extend it indefinitely for all citizens of the Russian Federation. This idea was approved by D. A. Medvedev, Chairman of the Government of the Russian Federation.

Bill adopted on second reading during its consideration in the State Duma.

In addition, privatization in the Russian Federation aims to improve housing use and its preservation due to the personal interest of the citizens living in it. After all acquisition of ownership by a citizen on the occupied and living space gives him the opportunity to:

• effectively invest your money;
• carry out the accumulation of real estate;
• be a participant in the turnover in the real estate market;
• freely own, use and dispose of their property.

Procedure, conditions, terms and other parameters of the housing privatization process regulated Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" dated 07/04/1991 No. 1541-1 and many by-laws, for example:

1. Decree of the Government of the Russian Federation of 29.06.2011 No. 512 "On the procedure for recognizing servicemen-citizens of the Russian Federation in need of residential premises and providing them with residential premises for free";
2. Decision of the Committee of the Russian Federation on Municipal Economy dated November 18, 1993 No. 4 "On Approval of the Model Regulations on Free Privatization of the Housing Stock in the Russian Federation".

IN subjects of the Russian Federation issues of free provision of housing to citizens in the property are subject to regulation in part determining the order and timing carrying out this procedure.

In the Tomsk region, the Order of the Department for State Property Management of the Tomsk Region dated May 29, 2015 No. 23 “On Approval of the Administrative Regulations for the Provision of State Services for the Transfer of Residential Premises Constituting the Treasury of the Tomsk Region to the Ownership of Russian Citizens under the Conditions of Social Hiring (Privatization of Residential Premises)” was issued.

What housing can be privatized?

Russian legislation restricts residential area which citizens have the right to privatize. Such housing includes objects, under a social contract. In other words, privatized housing must be in the state or municipal fund. For persons who booked accommodation - at the place of their reservation (Article 1 of the Law "About privatization...").

It should be noted that citizens cannot be denied in the privatization of the residential premises occupied by them on the conditions provided for by the Law on Privatization, if they have applied with such requirements to the authorized bodies.

Art. 4 of the Law of the Russian Federation of 04.07.1991 No. 1541-1 provides for types of housing, the gratuitous transfer of which to the ownership of citizens is prohibited.

Such housing includes the following categories of premises:

• housing in disrepair;
• premises in hostels;
• apartments and other residential premises in the houses of closed military camps;
• housing stock of stationary institutions of social protection of the population, located in rural areas.

This rule has exceptions. From among office premises not subject to privatization, the legislator excluded the housing stock of state farms and other agricultural enterprises equated to them.

In accordance with par. 2 tbsp. 4 of the Law of the Russian Federation of 04.07.1991 No. 1541-1, there is a certain circle of persons, by decision of which apartments located in rural areas in the housing stock of social protection of the population may be allowed.

Such persons include:

• housing stock owners;
• bodies authorized by them;
• enterprises owning housing stock on the right of economic management;
• institutions to which the housing stock has been transferred for operational management.

These persons give permission to privatize only with the consent of the owners of privatized residential premises.

Who is eligible for privatization?

All citizens of the Russian Federation with whom social contract, subject to other criteria for classifying housing as privatized.

This means that all family members living in the apartment, including minor children, have the right to receive the premises they occupy free of charge. At the same time, in accordance with Art. 7 Law of the Russian Federation "About privatization...", tenants are required to include in the contract of transfer of the apartment minors, which:

• live in an apartment;
• have the right to use the premises;
• if they live separately, then subject to the preservation of the right to use the privatized apartment.

Refusing to include minors in the transfer agreement is possible only on the basis of.

It is important to note that the right to privatize adult citizens is given only once.

Underage tenants can obtain ownership of residential premises in the order of privatization twice:

1. being underage,
2. upon reaching the age of 18 years.

In accordance with Art. 2 Laws of the Russian Federation "About privatization...", family members are given the opportunity to purchase premises in common ownership or the property of one person. In this case, such a person may be a minor citizen.

To purchase an apartment in one person's property written agreement all persons entitled to privatize the specified premises, including minors who have reached the age of 14 years.

The legislation regulates a special case when only minor citizens participate in privatization. In such cases, the transfer of ownership to such persons is carried out on the basis of permission from guardianship authorities at the request of the following adults:

• if the citizen does not reach 14 years old- at the request of parents, adoptive parents, guardians, guardianship and guardianship authorities;
• for persons aged from 14 years old to 18 years old- at the request of minors, but with the consent of parents, adoptive parents, trustees.

The procedure for registration of the privatization of the apartment

To privatize an apartment, a citizen must do the following: actions:

1. Collect a package of documents necessary for the housing privatization procedure (including a citizen’s appeal to the BTI in order to inspect an apartment to obtain it).
2. Apply with statement to the owner of the housing stock (the body authorized by him) in order to sign a contract for the transfer of residential premises. Such an authorized body may be, for example, a district administration or any other executive body whose powers include keeping records of state and municipal property.
3. Signing an agreement transfer of housing. The contract is signed by all persons participating in the privatization of the apartment, including minors who have reached the age of 14 years. The maximum term for signing the contract is 2 months.
4. Submit documents to registration of ownership for premises to the bodies of Rosreestr, as a result of which to acquire ownership of the occupied residential premises.

Documents for the privatization of an apartment in 2019 (list)

To register the ownership of residential premises, a citizen must prepare documents, such as:

1. Documents proving the identity of citizens participating in privatization.
2. Application for privatization premises, signed by all adult participants.
3. Document confirming citizens' right to use residential premises (social tenancy agreement, warrant / extract from the order of the executive authority).
4. Technical certificate for an apartment, which is ordered from the Bureau of Technical Inventory (BTI). If redevelopment was unauthorized in the apartment, it should be legalized.
5. apartments.
6. Certificate (extract from the house book) or other document providing information about registered persons in the apartment.
7. A certificate confirming that the citizen has not previously used the right to privatize an apartment.
8. A certificate from the guardianship and guardianship authorities in case of refusal to include minors in the number of participants in the common ownership of the privatized residential premises.

This list is not exhaustive, depending on the situation of each citizen, additional documents may be required.

Where to apply?

In order to start the process of privatization of a dwelling, a citizen needs to apply to the local executive authority, which is engaged in accounting and control of state and municipal property. In the constituent entities of the Russian Federation, the names of such bodies may vary, but most often it is the district administration.

In addition, in each constituent entity of the Russian Federation there is an approved administrative regulation for the provision of public services for the transfer to the ownership of citizens of residential premises belonging to state or municipal property and occupied by them under the terms of a social tenancy agreement.

In accordance with Art. 8 Law of the Russian Federation "About privatization...", consideration of documents submitted by citizens to the executive authority takes place within a period of no more than two months from the date of application.

In case of violation of the specified period, a citizen has the right to appeal against the actions of the executive authority in court.

Contract for the transfer of an apartment to the ownership of citizens

Public authorities conclude with citizens who have expressed a desire to privatize apartments, an agreement on the transfer of residential premises.

In accordance with Art. 7 of the Law of the Russian Federation of 04.07.1991 No. 1541-1, a citizen does not pay a state fee for concluding an agreement.

In addition, it is in a simple written form and does not require notarization.

This document must be signed by both parties and have the stamp of the body that carried out its state registration.

Thus, the agreement states:

• conditions, including data about the transferred object(address, etc.);
• rights and obligations citizens acquired in connection with the emergence of ownership of residential premises.

Having received an apartment in ownership, a person has the right to use and dispose of it in any legal way, but at the same time he is obliged pay tax on real estate.

If minor citizens live in the privatized residential premises, and also if they did not live, but did not lose the right to use such premises, then they must be included in the transfer agreement.

Registration of ownership of a privatized apartment

The right of ownership to the acquired residential premises in the order of privatization arises from the moment of state registration in the Unified State Register of Rights to Real Estate and Transactions with It.

To register ownership, you must transfer package of documents to Rosreestr:

• application for registration of ownership of the apartment;
• identity document (of all participants in privatization);
• contract for the transfer of residential premises;
• act of acceptance and transfer of the apartment;
• receipt of payment of the state fee in the amount of 2000 rubles.

If several persons participate in the privatization of an apartment, and one of them cannot be present in person at the registration of ownership, then on the base of the power of attorney the representative of the absent person acts.

The privatization of the apartment has been extended until 2018?

The term for the privatization of housing in the Russian Federation has been extended several times. Since 2015, these deadlines have been extended annually.

At the moment, the term for free privatization of housing in the Russian Federation has been extended until March 1, 2017, however, back in the summer of 2016, deputies from the LDPR submitted a bill to the State Duma on until March 1, 2018(although the government opposes this, since everyone who wants to become homeowners, according to Prime Minister Dmitry Medvedev, has long since done so).

However, in February 2017, when deputies discussed the issue of extending privatization, it was proposed to do privatization of unlimited.

After D. A. Medvedev’s statement in support of this provision, on February 8, 2017, the draft law on unlimited free privatization was accepted in the second reading.

Is it possible to privatize an apartment?

Deprivatization is a process that provides for the reverse transfer of privatized housing into housing of the state and municipal fund.

The legislator provides for return of privatized housing into state or municipal ownership and the transfer of such residential premises to the former owner under the terms of a social tenancy agreement. The procedure for such a return is provided for in Art. 9.1 RF Law "About privatization...".

For such a return, several conditions must be met:

• housing received in the ownership of a citizen in the order of privatization;
• ownership of the returned apartment must be registered;
• the apartment is the only place of residence of a citizen;
• the dwelling is free from encumbrances (rent, etc.).

In the event that an apartment is returned by a citizen, state authorities must take ownership premises and conclude social tenancy agreements with citizens.

It should be borne in mind that, having returned the apartment to state or municipal property, in the future it re-privatize personally it is no longer possible, but nothing prevents other persons who live in it from doing this.

The return of the apartment to state ownership must be carried out precisely in the form of deprivatization by terminating the original transfer agreement. Drawing up a contract for the sale of an apartment is not allowed, since in this case it is not allowed to re-privatize it and, moreover, the state body will not be obliged to provide it again under the terms of a social tenancy agreement.

In addition, if other tenants were moved into the apartment or the apartment was produced, then it will most likely not be possible to deprivatize it.

The procedure and conditions for the deprivatization of housing are not provided for by federal law. Because of this, this question is decided by the subjects of the Russian Federation by independently establishing rules for the procedure under consideration.

Conclusion

Privatization of housing is one of the ways to purchase housing by citizens of the Russian Federation. Due to the fact that one of the parties to this process is the state, the procedure, terms and rights and obligations of participants in privatization are strictly regulated, and the observance of the rights of minors living in privatized premises is under control.

Those citizens who want to give up the apartment they have received can deprivatize it. The procedure for deprivatization is established by the constituent entities of the Russian Federation locally and is not subject to federal regulation.

Question

Privatization of an apartment in a house to be overhauled

Is it possible to privatize an apartment in a building that needs major repairs?

Answer

Yes, you can. In accordance with Art. 16 Law of the Russian Federation "About privatization...", privatization of residential premises in houses requiring major repairs is carried out in the manner prescribed by this law. At the same time, the former landlord is obliged to make a major overhaul of the house after the transfer of apartments in the specified house to the ownership of citizens.

What do you need for ? The list of papers is quite extensive, which complicates the procedure. In addition, many documents have an expiration date. Somewhere it is more, somewhere less. Therefore, it is necessary to start collecting a package of papers with those of them that either do not have an expiration date or they have a large enough one.

Basic list

The basic list of papers that will be needed for the privatization of an apartment includes the following documents:

• Passports of all persons who live in the apartment or are entitled to it, even if they actually live in another place. It is recommended to make copies of all pages of the passport, including those that do not contain any information. If something is not needed, it is much easier to remove them than to urgently make regular copies.
• A contract of social employment or an order for an apartment. These are documents that indicate on what basis people who want to privatize an apartment live in it. If for some reason these papers are not available or they are lost, they can be restored in the Unified Settlement Center.
• Technical passport BTI. It contains the technical and floor plan of the apartment. If this document is not available, it will need to be ordered separately. See below for more details.
• Extract from the USRR about the apartment. You need to get it at the Registration Chamber or the MFC (Multifunctional Center). The validity period varies from 7 to 30 days.
• Extract in form No. 3 from the same USRR for each of those living in the apartment, provided that he takes part in privatization. This document will provide information about the property owned by these persons, if any.
• An extract from the personal account on the presence or absence of debt for utilities. Issued in the accounting department of the passport office. It should be borne in mind that if there is even the smallest debt, privatization will most likely be refused. It is recommended to fully pay off all outstanding debt before starting the procedure. This statement is valid for 30 days only.

Additional documents for minors

If minors legally reside in the apartment, additional documents from the following list will be required:

• Birth certificate for each child. If the child is still a minor, but he already has a passport, then his passport is needed. As in the case of similar documents of adult residents of housing, it is recommended to make copies of all pages in advance.
• Permission to participate in privatization from the guardianship authorities. This document is needed for all parents, even if they are divorced. However, it is not required if one or both parents are deprived of their parental rights. Also, such a document is required by official guardians. The validity of the paper is not limited, but it takes about 2 weeks to receive it, so you need to take care of receiving it in advance.
• Documents confirming the fact of guardianship (if the role of the parents is performed by the guardian). These may be the order of the guardianship authorities.
• Certificate from the previous place of residence.
• Death certificate of those tenants who previously lived in this room and had the right to privatize real estate.

Documents for foreign citizens

If a foreign citizen lives in the premises, you must receive an appropriate certificate. You can order it at the OVIR, and receive it directly at the passport office. Such a document does not have an expiration date, but it takes some time to compile it. It is recommended to do it in advance. In addition, you will need a passport of a foreign citizen, as well as confirmation of the fact of legal stay on the territory of the Russian Federation. For example, a certificate of TRP (Registration of temporary residence) or a residence permit. Refugee or temporary asylum certificates are also suitable.

Documents for those citizens who have already undergone privatization

In addition to all of the above, in 2019 you should also take care of confirming / refuting the fact that a person participated in privatization. For this you need:

• Certificate in form No. 2 from the BTI stating that the privatization participants had not previously dealt with this issue or were privatized as minors. On average, it takes about 7 days to prepare this certificate.
• An extract in form No. 3 from the USRR on whether residents can claim some share of real estate.

Each person is entitled to only 1 privatization in a lifetime. An exception is made for minors. They can be privatized at a young age and another, after the age of majority.

Documents in case of refusal of privatization

If, for some reason, one of the tenants cannot or does not want to participate in privatization, he must provide an appropriate refusal. This document is drawn up by a notary and certified by him. To do this, you will need to provide a passport and pay for services. This certificate is attached to the general package of documents when submitting them for privatization.

Documents when it is impossible to personally participate in privatization

If a person does not have the opportunity to personally participate in privatization, he can entrust this right to another person. This will require a power of attorney. The service is paid and the validity of the power of attorney is usually limited. The document is attached to the general list of papers. In such a situation, you must also add the passport (with a copy) of the representative.

Documents for obtaining a BTI technical passport

If, for some reason, housing users do not have a BTI registration certificate in their hands, it will have to be ordered separately. To do this, you need to contact the Bureau of Technical Inventory with the following package of documents:

• A contract of social employment or an order for an apartment.
• Applicant's passport.
• Power of attorney (if the work is carried out through a representative).

The representative may be a complete stranger. For example, you can hire an experienced lawyer who will take over the entire procedure. As practice shows, in such a situation, privatization can be carried out much faster simply due to an accurate understanding of what, when and where to provide.

Documents for registration of ownership

After all the papers are collected and sent to the MFC, you need to wait for the decision of the relevant authorities. This procedure usually takes a couple of weeks or even less. Based on the decision, a privatization agreement is drawn up. After that, you can proceed to the registration of ownership. To do this, you need to contact the Registration Chamber with the following package of documents:

• Registration certificate for real estate.
• Extract from Rosreestr.
• Social employment contract or warrant.
• Refusal of some tenants from privatization (if any).
• Passports of all privatization participants. If there are minor children - their passports or birth certificates.
• Privatization agreement (drawn up for each of the participants in the privatization procedure).
• Power of attorney (if the procedure is performed through an intermediary/intermediaries).

Based on the documents provided, papers on the ownership of real estate are drawn up. Now you can dispose of it at your own discretion: rent it out, sell it, or simply continue to live on.

Unlike a privatized one, you will have to pay real estate tax for your own apartment.

The privatization procedure is not too complicated, but very confusing and may include many nuances that are unknown to ordinary residents. To minimize the time spent and speed up the process itself, it is recommended to contact experienced lawyers. Our experts at a free consultation will help you deal with the most common questions. They can also be used as representatives when registering an apartment as a property.

Ask a question to an expert lawyer for FREE!

Each tenant of state or municipal residential real estate under a social contract. hiring, once in a lifetime has the right to receive it in the property for free.

For this, such a mechanism as the privatization of an apartment or other residential premises is provided. Some regions have their own characteristics, but we will focus on the capital of our state, Moscow.

Portal experts will tell you where to start, and where to apply for housing privatization in Moscow, and what documents are needed for this. After reading our article, you will learn how to privatize an apartment, if you have not already done so.

So, let's start, as they say, with the origins of legislation.

In this article

Legal basis for housing privatization

Before proceeding with the registration of an apartment in the property, you should familiarize yourself with the legislative norms.

The basic document is the Federal Law "On Privatization of the Housing Fund of the Russian Federation". At the beginning of this year, changes were made to it, according to which the registration of municipal housing in the property is not limited by time frames.

Recall that earlier the authorities planned that the privatization process was to be completed in the spring of 2017.

That is, now Muscovites have the right to privatize their own apartment at a convenient time for them, provided that all necessary documents are ready.

Legal grounds for the privatization of an apartment

Among the legal documents, one can also single out the domestic Housing Code. Its provisions contain general rules for acquiring ownership of a dwelling, the procedure for its maintenance, making utility bills, and much more.

Let's not forget to mention the regulatory legal acts affecting the procedure for registering rights to real estate. After all, after the end of the entire privatization procedure, the ownership of the apartment must be registered with Rosreestr. Moreover, this must be done through the efforts of all co-owners of the now received property.

Who has the right

All applicants who are registered in a municipal apartment can be involved in privatization. In this case, the age of citizens is not taken into account. Therefore, even very young children can become co-owners of the space.

To be included in the privatization process is a right, not an obligation of a person. For example, if in marriage only the wife privatized the apartment, then it will also be her property. However, in the event of a divorce, her husband retains the right to use housing.

People (with the exception of minors) who have already received housing in this way are not entitled to be involved in privatization.

How is it happening

For metropolitan residents exists. Its text can be downloaded from our website.

This document outlines the entire process of registering apartments for ownership: the composition and procedure for submitting documents, the procedure for their consideration, the timing of privatization. And also from the text of the mentioned legal act it will become clear how the provision of premises in individual ownership ends.

Where to apply for registration of privatization

All issues related to granting ownership of municipal housing are in charge of the Department of City Property of the City of Moscow. It is he who decides the issue of privatization and concludes an appropriate agreement with the future owners of the apartment. Documents can be submitted directly. However, there are alternatives as well.

Through the MFC

This abbreviation stands for a multifunctional center for the provision of state and municipal services. There are more than a hundred such institutions on the territory of the capital.

But it should be remembered that the privatization of an apartment through the MFC will take a little longer. This is due to the fact that all documents are sent to the Department of City Property. The MFC itself does not process privatization.

Electronic form

To do this, all documents can be submitted online through the portal of state and municipal services of the city of Moscow. For this purpose, it is necessary to register, as well as upload documents in their electronic version. However, the finished contract should still be picked up at the city property department.

Terms of registration

According to the administrative regulations mentioned above, the maximum period for privatization is 46 days. At this time, the processing of documents at the MFC is also read out. The expiration of this time starts from the moment of receipt of the application or its registration (if the documents were sent electronically).

In cases that deserve special attention, the privatization process may be suspended. All the grounds for this can be found in the regulations.

Required documents for privatization

To fully privatize an apartment, you should collect a certain package of documents with the information necessary for the implementation of this procedure. The composition will be determined depending on how many people will take part in the privatization of the occupied areas, as well as to whom initially

We will tell you what documents are needed for the privatization of an apartment based on the realities of the capital. After all, an incomplete package of documents, the presence of inconsistencies in them may cause the privatization mechanism to be suspended or postponed indefinitely.

We offer you a list of documents that will be needed to register an apartment under a gratuitous transaction:

1. Application (it is also called a request for the provision of a municipal service).
2. An order for an apartment or a copy of the contract in relation to social hiring.
3. Passports of persons participating in privatization, or their birth certificates (if we are talking about children).
4. A notarized refusal to be involved in privatization (if any of the tenants of the apartment does not want to register their part of the property on it).
5. Passports issued for this apartment (technical, cadastral).
6. Information about the state of the personal account, proving the absence of utility debts.
7. An extract from the existing house book (if maintained), which will indicate all persons legally registered in the apartment on the day the documents are submitted.
8. Information from the Unified State Register of Real Estate regarding the object of interest, as well as the availability of real estate owned by citizens.
9. Confirmation that the persons registered in the apartment have not privatized the apartments before.

When a representative will be engaged in privatization on behalf of the tenants, one or more powers of attorney certified by a notary will be needed.

How to get a

Some documents for the privatization of an apartment must be obtained from the archives and ordered from enterprises or institutions. Here is just a list of the main ones.

registration certificate

It is made by BTI employees upon request and after examining the premises. So, you should apply for a technical passport there. Prices for the production of a document are constantly changing, so it is best to clarify the financial side in advance.

Cadastral passport

It can also be issued in the BTI. Therefore, the registration certificate and cadastral passport are usually ordered at the same time. Agree that this simplifies the task.

At the same time, at the moment, this information is contained in the extract from the Unified State Register of Legal Entities. Therefore, you can save.

Extract from the house book

Depending on the status of the house, it is ordered at the passport office at the place of registration of the citizen, from the management company or body that deals with the affairs of the HOA. On average, obtaining this certificate is 5 days.

Information from USRR

They can be obtained both by contacting the Rosreestr and the MFC. Preparation of the response and documents will take from 3 to 5 days (depending on where the application for data was submitted).

How long are the documents valid

Currently, only the deadlines for extracts from the USRR are legally fixed. They are valid for one month. According to other documents implied for privatization, there are no time limits as such.

Privatization agreement

If all documents are executed and there are no obstacles to their rejection, then an agreement must be signed for the provision of property into ownership in the manner of privatization. It has several fundamental points.

The preamble should come first. It contains data on the local government of Moscow and persons who want to individually or jointly privatize the apartment they are interested in.

This is followed by a statement of the full characteristics of residential real estate, including the address, the size of the total and residential areas, and the inventory value of the apartment.

On our resource you can see an approximate sample of a privatization agreement and download it for free. So it will be clear how the process of housing privatization in Moscow works.

Registration of property rights

A signed agreement with local authorities on the transfer of housing on the terms of privatization is still not enough. The inherited property right should be registered officially.

This can be done both through the Rosreestr authority and through the MFC. The term for registration of rights will be from 5 to 7 working days.

For registration, you will need an application (it is written from each apartment owner or collectively), a privatization agreement, personal passports. The process is completed by obtaining an extract from the Unified State Register of Real Estate.

Process details

If we talk about such a case as the privatization of places to live, then there are separate features. We have already found out where to apply for the privatization of an apartment. But before starting the whole process, there are some points to consider.

So, a person may not want to be involved in privatization. There can be many reasons for this. However, in any case, a statement is required, which is certified by a notary. If it is present, the participation of a citizen in further actions is not mandatory.

The fact of privatization is confirmed by the relevant agreement. It must be signed by all co-owners of the apartment or their representatives (if they have the necessary authority). The absence of a signature of any of the citizens deprives the agreement of legal force.

Why might they refuse?

There are a number of reasons why the privatization of an apartment may be denied.

Thus, housing cannot be privatized if it is not under the jurisdiction of local authorities.

The reason for refusal to privatize may be discrepancies in the documents submitted by the applicant.

An obstacle to registration of property may be the presence of an arrest in the apartment or the emergency state of the house.

They can refuse privatization when he has already used this right before. The exception is minors. The legislation gives them the opportunity, after reaching the appropriate age, to again participate in privatization. Such a right for a child is enshrined in Part 2 of Art. 11 FZ on privatization.

In some cases, privatization requires the consent of other persons registered in the apartment. The absence of this may also be a reason for refusal to provide property ownership. The entire list (exhaustive) of reasons for refusing to privatize is placed in clause 10.1 of the regulation.

How much will privatization cost?

The privatization procedure itself is free. However, some costs will still have to be incurred. In particular, it is necessary to pay for the production of a technical or cadastral passport. In addition, certification by a notary of the refusal to privatize also costs certain costs.

It has already been said above that the rights to a privatized apartment must be registered. The state duty for these actions will be 2 thousand rubles. It can be paid after the submission of all the necessary package of documents.

Some Features

When preparing a decision on the gratuitous transfer of an apartment, officials pay attention to a number of points. Requests are made to various services and authorities.

Here are just a few factors that can complicate the life of a citizen who draws up an apartment for himself as an object of ownership.

If you have utility bills

The legislation on privatization, as well as the Moscow administrative regulations that we have mentioned several times, does not contain such grounds for refusing to privatize as the existence of a “communal” debt. At the same time, this factor can complicate the preparation of the required documents.

No social contract

For the privatization of any occupied apartment, it is necessary to confirm the legality of residence in it. And if for some reason the original copy of the contract of social employment is not on hand, then it must be renegotiated.

The foregoing also applies to the situation when, after signing the contract, other people legally move into the living space. Then all of them, before the start of privatization, must also be included in the agreement on social employment.

If refused

Bureaucratic obstacles are not a thing of the past. The same applies to the privatization procedure.

They can refuse in case of illegally done redevelopment, the general condition of the house, and other reasons. Then the most correct option would be privatization through the courts.

In the statement of claim, it is worth putting forward a requirement for the recognition of the right of personal ownership to the apartment on the terms of privatization. Another thing is that the trial can become lengthy: everything will depend on each situation separately.

In some cases, an administrative claim may come up to invalidate the decision of the official - the landlord to refuse to privatize the residential premises. But this topic will be discussed separately.

Questions and answers

Muscovites address real estate market specialists with a lot of questions regarding privatization. Here are the most typical ones.

Privatization period?

Until what time can I exercise my right to privatize a rented apartment?

According to the new rules of legislation, the application for privatization is not limited by any time frame.

Should a privatized apartment be shared during a divorce?

My husband and I are married, but I want to privatize the apartment only for myself. How to deal with housing in case of divorce ?

The apartment received as a result of privatization is not divided by the spouses upon termination of the marriage. However, your husband will retain the right to reside in it.

Who is involved in privatization

I have a minor child whom I registered with my grandmother. Is it possible to privatize an apartment with his participation?

The legislation does not provide such an opportunity. Privatization is possible only for those people who are officially registered at this address.

Advantages and disadvantages

Legally privatized housing has a number of advantages in legal terms. After all, the apartment acquires the status of private property. After the end of privatization, real estate can be freely disposed of (sold, exchanged, donated). In addition, it is easy to register other persons on the living space.

If a person decides to issue a bank loan, then the privatized apartment can be a full object of collateral. Finally, it is much more difficult to evict the owner from the premises than the tenant under a social contract of employment.

Along with the advantages, the status of privatized real estate is fraught with some risks.

For example, real estate can be taken for the debts of the owner. In addition, owning an apartment can also entail financial costs.

If the house is an apartment building, then it is imperative to make deductions for the overhaul of the premises. We should also not forget about the property tax, which will have to be paid annually.

Summing up, it should be said that it is possible and necessary to become the owner of an apartment in the process of privatization. In addition to the main advantages, you can add that this will fully feel the roof over your head.

According to the content of Federal Law 1541-1 dated 04.07.1991. Citizens of the Russian Federation are granted the right to a one-time privatization of the municipal apartment they operate. The process itself involves the transfer of ownership from the administration to the individual. Until March 2017, you could do this for free. Where to start the privatization of housing, what documents are needed for this and how long does the procedure take? All this below.

Privatization options

You can privatize municipal housing individually - for one person (tenant of an apartment), jointly (for spouses) or collectively (for all or several residents registered in it).

• sole privatization. Assumes one owner of the apartment, the rest of the participants simply live in it without the right to dispose of square meters. They provide a properly executed refusal to participate in the transfer of living space to private ownership. If minors are registered in the apartment, they automatically participate in privatization. Theoretically, they can write a refusal, but guardianship will not give consent to this.
• Joint property. Option for legally married spouses. They will be able to dispose of the apartment only by common consent.
• collective privatization. It is issued for all registered tenants, each of which is allocated its own share.

In any case, the list of documents required for the privatization of housing is the same.

What documents are needed for the privatization of housing?

Let's start with the fact that in the absence of an MFC in the region, you will have to communicate with two authorities: the Department of Housing Policy and Rosreestr. In the first, they hand over a package of documents, in the second, they receive a ready-made certificate that fixes and confirms the right of ownership.

Required documents for the privatization of housing

• The contract of social employment together with the warrant on the basis of which it was concluded.

• Registration certificate compiled by BTI employees. All redevelopments must be legalized.
• Confirming registration extract from the house book.
• Paid utility bills for the last three months.
• Document confirming marital status: marriage or divorce certificate.
• Confirmation from Rosreestr about the still unused right to privatize municipal housing.
• For minors, a birth certificate.
• An extract from the archive about the previous place of residence (required if before 1991 the citizen was registered at a different address).
• Certificate that this apartment has not been privatized before.
• Court decision on recognition of incapacity for disabled participants in privatization.
• A notarized statement of refusal to participate in privatization, if one of the participants does not want to be the owner of the share.
• Copies of passports of all registered in the apartment.

An application for the privatization of housing is already being filled in the Department. You can fill out the form in advance and come with it ready. The entire set is handed over to the responsible officer of the Department of Housing Policy or the MFC. He is obliged to issue a receipt for his admission.

The procedure for the privatization of housing

The procedure involves the collection of the above package of documents and its submission to the Department of Housing Policy and further waiting for the result. According to the law, a month is given for a response. This term is rarely violated. Much more time is spent on preparing and collecting documents, since many of them need to be ordered and have to wait a long time.

During this month, all documents submitted for the privatization of housing are carefully checked. If discrepancies or inconsistencies are found during this period, then the citizen is warned by phone, and the procedure is frozen until new copies are provided (corrections are not made to those already submitted). Upon completion of the verification, a privatization agreement is issued. But, this document is not the only one and does not confirm the ownership, but only is the basis for obtaining the appropriate certificate. Together with him, the entire set of the above is already handed over to Rosreestr. This authority issues the final document - a certificate of ownership.

When privatizing housing through the MFC, you do not need to bring documents to Rosreestr - delivery and issuance are carried out in one place.

Application form for privatization of housing

On behalf of all participants, one application is submitted - it is drawn up not for them, but for the premises. It must be signed by everyone, including minors, incapacitated and refusing to participate. The meaning of signing by all is that the participants express their consent to initiate privatization. There are no special requirements for the method of filling - by hand or with the help of technical means. An application form for the privatization of housing and a sample of its completion are presented below.

Required Items

• The name of the organization to which the application is being submitted;
• Passport data of all participants;
• Information about the municipal real estate object for which privatization is being issued (exact address, area, number of rooms);
• Confirmation of the intention to privatize the apartment for the declared number of participants (if there is a refusal from one or more of the participants, it must be reflected in the application).
• Listing of all attached documents;
• Signatures of all participants.

Any typo, typo or inaccuracy will lead to the return of documents for re-issuance, so filling out should be taken with the utmost responsibility.

Form of certificate of non-participation in the privatization of housing

A certificate in form 2 is ordered at the BTI upon presentation of a passport. She confirms that earlier the right of ownership was not issued to a citizen. Without this document, further registration is impossible. The certificate is taken by the person acting as the future owner. If we are talking about joint or collective property, each participant needs it, except for minors. This certificate is supported by form 9, which is issued by the migration service at the previous place of residence.

Features of the housing privatization procedure

When submitting documents for the privatization of housing in 2019, it is necessary to be personally present to everyone registered in the apartment, including minors and those who refused. If one of them cannot appear in person, a notarized power of attorney is required.

All those present must have their passport with them. In his absence, the appointment is postponed to another day.

The submitted application together with the applications is registered in the journal with the assignment of a number. A receipt listing the accepted documents is given to the future owners.

What does free housing privatization mean?

The term "free" means that the apartment does not have to be redeemed. All you need to do is complete all the paperwork correctly. But, this procedure does not eliminate the payment of fees, remuneration to the notary and registration fees. Each ordered document is a technical passport from the BTI, extracts from Rosreestr and archives, etc. costs money.

When submitting already prepared documents for privatization, you will also have to pay. Rates vary by region - they can be found on the official website or at the office of Rosreestr or the MFC.

What objects cannot be privatized?

According to the law FZ No. 1541-1 dated 04.07.1991. the following objects are not transferred to private ownership.

• Housing on the territory of military camps;
• Service premises for various purposes;
• Apartments in emergency buildings;
• Rooms of departmental hostels.

Even if you are convinced of the reliability of housing, but there is a conclusion of the relevant services on recognizing it as emergency, it makes no sense to apply for registration of ownership.

Refusal to privatize a dwelling

Property registration may be denied. The following reasons can serve as justification for this.

• Dispute about the status of the premises (see previous paragraph).
• The presence of errors in filling out documents.

In the first case, the refusal may be final or the process will be delayed until the status is clarified - whether or not this premises can be privatized. In the second, the process will be resumed after rewriting the application in the correct form and eliminating the shortcomings.

When do you need help with the privatization of housing?

Most citizens have heard about delays in paperwork. At the last stage - after receiving the privatization agreement, everything is done quickly. And at the stage of preparing documents, there are often delays and delays associated with ordering and waiting for documents. Each of them requires the issuance of certificates, obtaining confirmations, the departure of a technician and other specialists.

In order not to get confused, not to miss the deadline and do everything in a timely manner, it is recommended to contact specialists - a law firm specializing in privatization issues. Professionals thoroughly know the procedure for the privatization of housing in Russia, they will help to bypass and provide for controversial issues. All you have to do is draw up a contract with them, issue a power of attorney for paperwork and get a ready-made certificate.

To privatize an apartment, you must submit a large list of documents. If you follow all the steps in the correct order and follow the basic rules for filing papers, the procedure will be successful. The privatization of an apartment is carried out in stages, so you should prepare in advance for submitting documents to various authorities.

Basic documents for the privatization of an apartment

1. A social contract of employment, an alternative may be a warrant. Sometimes the owner does not have these papers with him. This will not be a problem for the privatization of an apartment, since you can order them at the EIRC.
2. Technical certificate completed and submitted on a mandatory basis. It shows a detailed plan of the apartment, as well as its location in relation to the entire multi-storey building. It can be issued in the BTI.
3. Cadastral passport contains data on the quantitative characteristics of the apartment. It shows the quadrature of all the rooms together and separately, as well as detailed information about the position of the dwelling and brief information about the multi-storey building as a whole.
4. An extract from the house book must be fresh and contain fully up-to-date data. To get it, just go to the passport office, submitting documents for the property.

Extract from USRR

An extract from the USRR for an apartment is ordered at the registration chamber, and employees of the MFC also have the opportunity to issue it. The privatization of an apartment requires the following documents to be provided: a passport, an extract and some additional ones. In addition, a full version of the address of the residential premises is required. To obtain an extract, you must pay a state duty, the amount of which is 220 rubles. This extract must be obtained immediately before the privatization of the apartment, since its validity period is up to 7 days. Depending on the specific organization, it can be extended, but it is always no more than a month. Extracts from USRR No. 3 are required for each person to whom a certain part of real estate is issued.

Additional documents

1. A certificate for those who are the owner, but refused to participate in privatization, officially recording that the person had the opportunity to privatize his share of property, but deliberately refused this action. The paper should indicate whether a particular person has used the right to privatize before. This document is taken from the BTI.
2. Refusal to participate in privatization is drawn up separately and certified by a notary. Formally, this document represents the consent of the person to the fact that the process will take place without his participation. This document must be certified by a notary, it is also necessary to certify its copy.
3. The personal account for an apartment reflects the picture of the debts of its owners for the payment of monthly utility bills. To obtain a document, you must contact the accounting department of the passport office. It should indicate that no outstanding payments have been identified. If even small debts are noted, a certificate when submitting the package that requires a list of documents for the privatization of an apartment will not be accepted. You must first fully repay the debts, and then re-apply to the accounting department of the passport office to issue a certificate.
4. A notarized power of attorney for a person who is engaged in the privatization of an apartment on behalf of its owners. If there is a need to draw up this document, it must be indicated in it that a particular person has the right to collect and submit all documents. Privatization of an apartment obliges you to make copies of a power of attorney certified by a notary in advance, as some organizations may ask you to leave them.
5. Documents proving the identity of everyone who takes part in the privatization of the apartment. If this is a child, a birth certificate must be presented for him, and a passport is required for adults.

Documents required for preliminary discharge of children

If the social tenancy agreement mentions persons who have not reached the age of majority, but have recently been discharged from the apartment, they must take part in the privatization process. For this, permission is taken from the guardianship authorities, which states that the child can freely participate in this procedure.

It is necessary to take permission from the guardianship authorities in advance, since the period for reviewing documents before issuing it is two weeks. The permit must be issued in so many copies that each parent, guardian or guardian can receive it in his hands. Both parents must receive this document, even if they are divorced. The period of validity of the permit for privatization is not limited.

We need extracts from the house book. Originals of these documents will be required both from the previous place of residence and from the new one, where the apartment is to be privatized (Moscow assumes the same documents as in any other city). They are necessary if the persons on whom a certain share of the apartment is registered are under the age of 18.

Extracts will be provided to the guardianship authorities. An extract from the house book from the old place of residence must be requested and issued in an extended version. This version of the document includes information about all ever registered tenants in the apartment from the moment it was built. You can get it at the passport office. An extract from the new place of residence can be provided in the usual format. The privatization of the apartment provides for the listed documents to be obtained without fail. They are issued to one of the parents.

Papers for a child under guardianship for the privatization of an apartment

It is necessary to submit documents, without which the privatization of the apartment is impossible, as they confirm the legality of actions related to changing the location of the child:

1. An order that formally designates a specific person as the child's guardian. You must submit the original of this document and a photocopy.
2. Permission from the guardianship authorities, which indicates that it is possible to privatize an apartment.

Documents for a person involved in privatization who was a foreign citizen

For people who in the past were citizens of another country, a certificate from the OVIR is required, which confirms the acquisition of citizenship of the Russian Federation. Paper is ordered from this government agency, but is obtained at the passport office. This document is valid indefinitely.

A citizen has the right to take part in the privatization of an apartment, which is free of charge, only once. Confirmation is required that he has not yet been involved in this process. If privatization is carried out by several family members, then confirmation of their non-participation in this procedure must be provided earlier for each person.

What if someone has already privatized part of the apartment?

If one of the citizens registered in the apartment has already taken part in the privatization of any part of the living space, he must submit the following list of documents for the privatization of the apartment:

1. Certificate in form No. 2, indicating the non-participation of a citizen at a specific time in the privatization of a property. To get it, just contact the BTI and present your passport.
2. Extended extract from the passport office, covering the list of all residents of the house ever registered. Issued at the passport office.
3. Extract from the USRR, drawn up in accordance with Form No. 3. It indicates human rights to a certain part of the apartment, thereby confirming that the citizen is indeed the owner of the living space.

Personal documents for privatization

When an apartment is privatized, what documents are needed, you should know in order to take with you the maximum set of certificates and certificates that may come in handy.

The passport of the Russian Federation is submitted not only in the original, there must be a copy of it. Data with full name and registration of a citizen should be displayed on one side of the sheet. You can submit a photocopy in this format without certification by a notary. There are cases when there are a lot of registration stamps, and they do not fit on one sheet. Then the second spread of the sheet for a photocopy is used, however, a document drawn up in this format needs to be certified by a notary.

Papers that may be required in rare cases

1. Death certificates of people who were previously registered in apartments. The privatization of the apartment provides for the submission of these documents in a notarized version.
2. Marriage certificate. If there were several of them, it is necessary to submit the entire list of documents in originals and certified copies.
3. Birth certificate in the event that a person has not reached the age of 14 years, the original and certified copies are separately needed.
4. A certificate of clarification of the place of residence is issued when there are discrepancies with the form of writing the address of registration in the person's passport and in the social contract of employment. This document can be taken at the passport office.

Obtaining an extract from Rosreestr

The following documents required for the privatization of an apartment are submitted in originals and copies:

1. Documents confirming the ownership of housing. In the case of privatization, this is a warrant or a social contract of employment.
2. Cadastral and technical passports obtained from the BTI.
3. Passports and, if necessary, other documents proving the identity of all persons who are registered in the apartment and take part in the privatization process.
4. An extract from the house book, which lists all registered tenants.

Drawing up a privatization agreement

To draw up a privatization agreement, you need to contact the BTI and the MFC. The privatization of an apartment requires the documents displayed in the list below:

1. Ownership of the apartment.
2. Technical and cadastral passports.
3. Confirmation of the absence of debts for the apartment. Information is provided in the form of a personal account.
4. Personal documents for the privatization of the municipal apartment of all owners and those who are registered in it.
5. Extract from Rosreestr.
6. For each subject and for the apartment as a whole, an extract from the USRR is provided.
7. Order on the appointment of a guardian for the child, if he is registered in the apartment.
8. Extract from the house book for the new place of residence. This document is needed for a child if he was first registered in an apartment that is going to be privatized, and then changed his place of residence.
9. A power of attorney to submit documents if the privatization agreement is drawn up by an outsider on behalf of the homeowners.

When an apartment is privatized, the terms, documents within which you have to wait, are usually long. The privatization agreement can be concluded no earlier than 2 months after the filing of the papers. For each party to the agreement, a separate document is formed, a copy of which citizens keep at home. When applying for it, you need to pay a state duty in the amount of 4800 rubles.

Issuance of a certificate of ownership

When people already have a privatization agreement in their hands, they must apply to the Registration Chamber to issue a certificate of ownership. After submitting the application, you need to wait 2 weeks, after which this certificate will be issued to the owners of the apartment. When drawing up a document, a mandatory state duty must be paid when the apartment is privatized.

Where to apply, everyone should know. You should contact the Registrar of Companies. If consultation is required in advance, it is advisable to bring the necessary documents for the privatization of the apartment with you.

Documents for the Registration Chamber

1. The right to own housing.
2. Cadastral and technical passports in the original.
3. Extract provided by Rosreestr.
4. Identification. These documents are needed for the privatization of an apartment not only from the persons participating in this process, but also from all registered tenants.
5. Extracts from house books. Certificates of registered tenants are required both from the previous place of residence and from the apartment that was privatized.
6. Privatization agreement. It is represented by each participant.
7. A notarized power of attorney, if the legal representative of the apartment owners applies to the Registration Chamber.

When the certificate of ownership is issued, the procedure for privatizing housing will end. To implement it as quickly as possible, you must immediately prepare the necessary list of documents and correctly fill out applications.