What is apartment privatization and why is it needed

What is apartment privatization

Apartment privatization is freeFederal Law of February 22, 2017 No. No. 14-FZ "On invalidating certain provisions of legislative acts of the Russian Federation" transfer of a property from state ownership to private ownership. The program was launched in 1992. It was extended several times and finally made indefinite.

It works like this. A person moves into an apartment that was allocated to him from the municipal or state housing stock, and becomes a kind of tenant. It's just that they rent a house not from a private person, but from the authorities. And a person also pays for the use of real estate - only much lower than the commercial value. For example, in Moscow it is 26-29Tariffs for housing and communal services for Moscow residents for 2021 / Department of Economic Policy and Development of the City of Moscow rubles per square meter, depending on the proximity to the center. But the tenant does not dispose of the real estate, as well as the rented apartment.

In some cases (which ones - we'll figure it out a little later), such housing can be privatized, that is, become its owner.

Why do you need an apartment privatization

After privatization, the new owner can do whatever he wants with the property.

To sell, donate or mortgage an apartment

When real estate belongs to the state, this, of course, cannot be done.

To leave a home as an inheritance

Moreover anyone. If the apartment is not privatized, this cannot be done. After the death of the responsible employer, that is, the person with whom the authorities have entered into an employment contract, the person's relatives will not be kicked out into the street. But only if they lived in an apartment and were registered in it at the time of the death of the previous tenant. In this case, the state will renew the agreement with one of the family members.

If one person was registered in the apartment and he died, the property will be returned to municipal ownership in order to transfer it to a new tenant.

To leave the apartment empty

For some reason, a person may need to go to another region and get there temporary registration. Or go on a long trip abroad - for example, to study for several years. Or, for some reason, leave the apartment for a long time.

The only problem that can arise with your own home is a layer of dust that has accumulated during your absence. But when living in a state apartment, the authorities may decide that a person does not really need this property, since he has not been using it for so long.

To register anyone

Literally: in your apartment, you can prescribe whoever you want. In non-privatized there are restrictions. It will be possible to register only a minor child without delay.

Spouse, adult children and parents will turn outRF Housing Code, article 70 "The right of the tenant to move into the living quarters he occupies under the contract of social employment of other citizens as members of his family" register with the written consent of everyone who already lives in the apartment. For the rest, you will need the same permits, as well as the approval of the landlord.

Who can privatize an apartment

Getting housing for free is an attractive idea. But for this you need to meet several criteria.

A person who lives in an apartment on a social contract basis

Not everyone can rent real estate from the stateRF Housing Code, article 49 "Provision of residential premises under a social tenancy agreement". For this, a person must be registered as in need of housing. When the social contract is concluded, you can think about privatization.

However, sometimes an apartment may turn out to be a state one for another reason. For example, a person moved into housing during the Soviet era, but over the past years he did not attend to privatization. Such a tenant can also exercise his right.

Russian citizen

Everything is clear here: what is the point of distributing housing to foreigners, if not all citizens of the country are provided with them.

A person with the right to privatize

Every Russian has the right to privatize housing aloneRF Law of 04 May 1991 No. No. 1541-1 "On the privatization of the housing stock in the Russian Federation" once. An exception is made for those who participated in privatization when they were minors. Then, after 18, such a person has the right to claim another object.

Everyone who lives in an apartment under a social rent agreement can participate in privatization. In this case, an adult tenant may refuse to privatize. Then he will retain his right for another object. But underage tenants participate in privatization by default. Refusal is allowed only with the permission of the guardianship authorities.

Important: a person who refuses to privatize receivesFederal Law of December 29, 2004 No. No. 189-FZ "On the introduction of the Housing Code of the Russian Federation" the right to live in an apartment for life, regardless of the owner's wishes.

What kind of housing can be privatized

Easier to say, which is impossible. Real estate in disrepair is not subject to privatization. Premises in hostels and houses of closed military camps will not be transferred to ownership.

There are restrictions on service housing. Apartments from the fund of state farms and other agricultural enterprises are allowed to be privatized without conditions. And the rest of the decisions must be made by the owners in each specific case.

What documents are needed for the privatization of an apartment

It is better to find out the exact list of documents in the department that deals with privatization in your city. There is no general federal list. And in the regions they may ask for different papers. If interested, compare the requirements of Moscow yourselfAdministrative regulations for the provision of public services of the city of Moscow "Privatization by citizens of residential premises of the housing stock of the city of Moscow" and St. PetersburgOrder of the Housing Committee dated February 15, 2012 No. No. 106-r "On approval of administrative regulations for the provision of public services".

Here is a rough guideline:

1. Application for the transfer of state residential premises into ownership by way of privatization.
2. Identity documents of the applicant and his family members who are registered with him in the apartment.
3. Social tenancy agreement or order for privatized housing.
4. Citizenship papers.
5. Written consents to privatization or refusals from tenants registered in the apartment.
6. Documents on the composition of the family: certificates of marriage, birth of children.
7. Certificates confirming that the right to privatize was not used. Usually, you need to contact the local administration for the document.
8. Consent of parents or guardianship authorities if one of the future owners is a minor.

This list can be expanded depending on the circumstances and requirements of a particular department. Read the terms carefully and try to collect all the necessary documents at once. Please note that some papers may have an expiration date.

How to apply for the privatization of an apartment

The documents are usually accepted by a body whose name says property management - the city property management committee or something like that. But there are options. In St. Petersburg, for example, this is done by the privatization department of the St. Petersburg State Budgetary Institution "Gorzhilobmen".

Papers can be brought directly to the department or submitted through the MFC. It is also possible that the application will be accepted online. In St. Petersburg, you can send a document through the city portal public services, in Moscow - through website mayor.

The decision on privatization should be made in two monthsRF Law of 04 July 1991 No. No. 1541-1 "On the privatization of the housing stock in the Russian Federation" term. As a result of the consideration of the documents, you will be given an agreement on the transfer of the apartment into ownership or will be refused with an explanation of the reasons.

The agreement must be signed by all participants in the privatization.

They can refuse only because of the circumstances provided for by law. For example, you will be told that the premises cannot be privatized, since the house has been declared hazardous. And in this case, it will be difficult to change something. But if the matter is in an incomplete package of documents, then it will be possible to submit the papers again.

How to become an owner after privatizing an apartment

An apartment transfer agreement is not enough. The process will end when the ownership transfer is recorded by Rosreestr. To do this, you need to apply with a contract directly to the department or through a multifunctional center.

Registration requiresTax Code of the Russian Federation Article 333.18. Procedure and terms for payment of the state fee pay a state fee of two thousand rubles.

If there are several participants in privatization, then the payment is divided equally between them. And each person has to pay his share.

What to remember

1. If you live in an apartment under a social tenancy agreement or received it from the state under Soviet rule, then you can privatize this property, that is, get it into ownership for free.
2. Housing can be privatized once in a lifetime. But if you participated in privatization when you were not 18 years old, then two.
3. All registered in the apartment must sign a consent to privatization or a waiver of it. If someone hesitates, nothing will come of it.
4. Minors participate in privatization by default. Refusal is possible only through the guardianship authorities.
5. The most important thing in privatization is to collect a complete package of documents. What papers will be needed, they know in the local administration body responsible for the process.