For many years, Russian citizens have been thinking about how to privatize a municipal apartment. This is especially true for those who do not have their own housing. Such people want to acquire their territory without significant hassle. Hard to believe, but possible! Enough to take advantage of privatization. Next, we will try to consider this service in detail. With proper preparation, coping with the task is not too difficult. Nevertheless, under certain circumstances, significant problems cannot be ruled out until the termination of the privatization process.
Description
How to privatize a municipal apartment? To do this, you will have to adhere to a certain algorithm of actions. We will consider it later. First you need to understand the legislative aspects of the issue under study.
Privatization refers to the procedure for re-registering municipal or public housing into private property at no cost. In fact, tenants will receive real estate, and absolutely free of charge.
At the moment, Russia does not take money for privatization. A person can participate in this process only once in a lifetime. The exception is persons who participated in this operation as young children.
What kind of housing can not be re-registered?
Is it possible to privatize a municipal apartment? Yes, but not always. There are categories of real estate that are not transferable to private ownership.
These include:
- territories reserved for the Armed Forces of the Russian Federation;
- nature reserves;
- parks;
- Monument buildings (cultural heritage of the country);
- housing provided by the military during service;
- real estate in closed military camps.
In addition, dilapidated or emergency housing is not subject to privatization. The same goes for demolished property.
Conditions for participation
Is it possible to privatize a municipal apartment? Almost always the answer will be positive. Ordinary housing within the regions is subject to privatization. The main thing is to know how to act in a particular case.
"Can I privatize a municipal apartment?" - many people ask this question. In order to give the most accurate and correct answer, you need to understand the circumstances under which the corresponding powers arise.
Privatization may be carried out by persons who:
- live on the territory legally (under a social contract of employment);
- possess citizenship of the Russian Federation;
- have not previously participated in the privatization operation;
- have a permanent residence in the selected territory.
In other words, temporary residents of real estate cannot participate in privatization. And minor children under 14 years old are included in the privatization agreement.
Requirements for the operation
How to privatize a municipal apartment? To achieve the desired result, a citizen must observe many features and take into account the numerous nuances of the corresponding process.
The main problem is that there are certain conditions for direct privatization. These include:
- the presence of potential privatization participants registered in the apartment;
- determination of housing suitable for the study operation;
- availability of consent for privatization from all registered persons;
- refusals to participate in the operation from those who do not want to receive a share in the property.
The last two points cause a lot of problems for the population. It is because of them that one often has to refuse to re-register public housing in private ownership. True, sometimes there is a way out of the situation. And a little later we will study it.
If there are disagreements
How to privatize a municipal apartment without the consent of the tenants? In general, this is not possible. In order to conclude a privatization agreement, the permission of all permanent residents for the operation is required.
If someone does not want to receive a share in the property, he just needs to issue a notarial refusal to participate in privatization. Otherwise, no one will be able to start the privatization process. So says the current legislation of the country.
There is one more way out of the situation - an extract of a person who does not agree with the privatization from the apartment. Only for this there must be good reason. Moreover, the extract will need to be carried out through the court. A similar solution is found in real life in isolated cases.
How to privatize an apartment without the consent of at least one resident of the territory? This is possible only with a notarial refusal to participate in the operation as a whole. And not everyone is ready to take such a step.
Important: after privatization, residents who refuse it will still be able to live in the relevant territory. The difference is that an extract under such circumstances will be much easier.
Distribution of property
Is it possible to privatize a share in a municipal apartment? Or will the property be registered only for one person and in full?
During privatization, the entire housing area will be equally divided by all participants in the process. In fact, privatization of property will take place in parts, only at the same time.
If someone refuses to privatize, his potential share will also be distributed among all residents participating in the privatization operation. There is nothing difficult or incomprehensible in this.
Important: children and adults during the conclusion of the relevant agreement will receive the same parts of the property. The status of a minor does not confer any special powers on helping to obtain a larger “piece” of housing.
By shares
Sometimes people want to privatize part of a municipal apartment. For example, a room or several rooms within the same housing. How real is this task?
Can I privatize a room in a municipal apartment? And part of it? No, it is impossible to privatize a specific part of the housing, leaving a share of the municipal. Such powers are simply absent.
If you want to take ownership of a specific room, after signing the privatization agreement, you can conclude a peace agreement with the co-owners or go to court to allocate shares in kind. Then it is possible that each citizen will be assigned a specific part of the property.
Exception for shares
But this is far from all. How can I privatize a municipal apartment? Sometimes in Russia there is a re-registration of property in parts, but only within the boundaries of communal housing.
If a person lives in a communal apartment, he can privatize his room. Permission from other residents of the territory for the operation is not required. Under such circumstances, the communal apartment was initially divided into parts. And privatization will not affect other inhabitants of the territory.
In real life, this alignment is a rarity. Usually in communal apartments privatization is not carried out. This step can ultimately cause a lot of trouble and difficulties. So, we will not focus much attention on this moment. The process of re-registration of property will be carried out on a common basis. This means that all the information presented to your attention is relevant for the privatization of a room in a communal apartment.
If there are minors
How to privatize a municipal apartment without the written consent? This is an unrealistic task. Until all the permanent residents agree to the operation, there is no point in starting it.
Additional problems may arise for those who decided to carry out privatization in the presence of minor tenants. They, as already mentioned, are required to participate in privatization. You can remove minors from this operation only after reaching 14 years of age.
In order to exclude a child from the participants in privatization, it is necessary not only to wait for minors to reach a specified age, but also to obtain permission from the guardianship authorities. As a rule, it is issued when the child already owns housing. Otherwise, exclusion from privatization participants is a violation of the rights and interests of the child. Guardianship authorities will never allow this.
Quick guide
How to privatize a share in a municipal apartment? The Civil Code of the Russian Federation says that to cope with this task is not possible. During privatization, the entire residential territory becomes the property of citizens.
But what needs to be done to accomplish the task? To do this, you will have to adhere to a certain algorithm of actions. Instructions for the privatization of real estate in Russia are as follows:
- Negotiate privatization with other residents. Someone must take the initiative and agree in advance on the conduct of the corresponding operation.
- To prepare documents provided by the state for privatization in the future. They will change depending on life situations.
- Submit an application for privatization to the authorized body.
- Wait for an answer to the submitted application.
- At the agreed time, come to the authorized service to sign the privatization agreement.
- Pick up your copy of the contract.
- To re-register the property in your name at the Rosreestr.
It sounds as if there is nothing embarrassing in the operation. In fact, problems are not excluded. This is especially true for those who cannot agree with all the inhabitants of the housing about the privatization operation.
Places to conclude an agreement
How can I privatize a municipal apartment? For example, for all tenants or only for one. In the latter case, all those registered in the territory must in writing refuse to participate in the process. As a rule, this alignment is almost never found in real life.
Where to turn for help in the implementation of the task? You can apply for privatization at the multifunctional center or through the "one-stop-shop" service.
The authorized body dealing with the direct consideration of the application, as well as the conclusion of privatization agreements is the housing city administration. This is where you can pay a visit with a request for privatization. This technique will save a lot of time in the long run.
Important: some private intermediary companies help prepare for privatization for a fee, as well as submit documents to the authorized body.
About Documents
Can I privatize a room in a municipal apartment? No, this option is not provided. Housing is reissued for citizens in full, and not in parts.
Earlier it was said that the privatization process is accompanied by considerable paperwork. Sometimes preparing to conclude an appropriate agreement is a lot of trouble. How to privatize a service municipal apartment? No, this is not provided. The exception is situations of a separate agreement with the organization - the owner of the housing. But you can re-register ordinary housing.
Typically, for successful privatization, citizens need to prepare:
- passports
- privatization agreements;
- notarial refusals to participate in the procedure from residents who do not agree with the privatization;
- Help with registration;
- extracts from the house book;
- cadastral passport;
- technical passport;
- extracts from the BTI;
- social contract of employment;
- applications for privatization;
- USRN statements.
Do not forget about certificates indicating that earlier participants in the procedure did not privatize a particular housing. You cannot do without all this. The application of the established form simply will not be accepted by the authorized bodies.
Additional references
It was previously emphasized that documents for privatization are prepared depending on the specific situation. The above list is most often used in practice. Without it, achieving the desired goal will not work.
In some cases, when re-registering property in private ownership, the following papers may come in handy:
- certificate of marriage or divorce;
- certificates of adoption or birth of minors;
- passports of legal representatives of minor participants in privatization;
- permission of the guardianship authorities to remove the child from the operation;
- death certificates of the former registered in the territory.
Instead of the latest documents, you can use the judicial opinions on the recognition of citizens as dead or missing. Then it will be possible to exclude the relevant persons from the circle of participants in privatization.
About the timing
Privatization of part of the municipal apartment is possible only in communal housing. Normal housing will not work. And how fast is privatization in Russia?
Usually this process takes a lot of time. With proper preparation, a direct examination of the application takes only 1.5-2 months. Sometimes a request is considered much faster. Immediately after this, citizens can conclude a privatization agreement.
Making changes to the State Register takes from 5 to 15 days. Correction of information about the owners of real estate in Russia is not carried out immediately.
If we take into account the preparations for the upcoming process, we may encounter a very long wait for the moment of signing the privatization agreement. Some cannot agree for decades.
Documents for the registry
Is it possible to privatize a share in a municipal apartment? Such a chance is found in isolated cases, it is not in special demand. Therefore, it is believed that partial privatization in the Russian Federation is impossible.
After the contract of the established form is signed, it will be necessary to contact the Rosreestr or the MFC as soon as possible to correct the information in the State Register.
To successfully carry out such an operation, each applicant must bring with him:
- identity id;
- privatization agreement;
- statement;
- birth certificate (if we are talking about a minor participant in privatization).
That should be enough. Making changes to the state register of real estate is the simplest thing that can only wait for citizens during privatization. Nevertheless, this operation cannot be dispensed with. Changing registration information in Rosreestr is a mandatory procedure.
Can they refuse?
How to privatize part of the municipal apartment? Everyone can now answer this kind of question. True, often people are engaged in re-registering for themselves ordinary housing, rather than communal. In any case, it is now clear what to prepare for.
Can they fail in the process of moving towards the desired goal? Yes, the denial of privatization in modern life realities is encountered. And there may be different reasons. The main thing is to understand that some circumstances can be completely eliminated.
Deny privatization may:
- persons of foreign states (in the absence of dual citizenship, one of which is the Russian Federation);
- those who have already participated in privatization earlier (with the exception of minor children);
- in the absence of consent of all permanent residents to the procedure;
- if there are no written refusals from privatization;
- citizens who have brought an incomplete package of documents to provide the corresponding service;
- persons using invalid or fake papers;
- those who do not have permanent registration in a particular territory;
- not legally entitled to live in public housing.
It is hard to believe, but the presence of debts for utilities can also become an obstacle to privatization. True, such a situation is extremely rare.
Pros and cons of the process
How to privatize a municipal apartment, we found out. In general, it is not as difficult as it might seem initially. The main thing is to remember that every citizen of the Russian Federation has the right to free purchase of housing.
What are the pros and cons of privatization? Among the positive aspects are:
- the possibility of free registration in the ownership of a particular housing;
- empowerment of tenants with the rights of full owners;
- the right to quick registration of new residents without the permission of state authorities.
The disadvantages of this process also exist, but for many they seem insignificant. These include:
- the need to pay real estate tax in Russia;
- the emergence of responsibilities for the maintenance and repair of housing;
- paperwork related to preparations for privatization;
- the impossibility of conducting an operation to re-register housing in certain circumstances;
- full responsibility for your property.
That is, a person will receive property in the property, but at the same time he will have to be fully responsible for it. Despite this, people are actively interested in how to privatize a municipal apartment. This is a unique opportunity to receive real estate or its share from the state at no cost.
Finally
How to privatize a share in a municipal apartment? It is recommended not to think about this issue.Privatization of communal apartments in practice occurs in isolated cases. And as practice shows, registration of a share of property in a communal apartment is not always profitable.
How to find out if the apartment is privatized or municipal? You can contact the housing administration or the management company engaged in house maintenance. They can tell who is the owner of the property.
You can also see utility bills. They indicate information about residents and owners of the territory. In addition, information about real estate in Russia is stored in Rosreestr. It is enough to send a corresponding request to the authorized body.
We found out whether it is possible to privatize a share in a municipal apartment or all the property as a whole. All the key points of the privatization of real estate were presented to your attention. Now everyone will be able to prepare in advance for the upcoming service. This means that the process will take place with minimal hassle. True, only on condition that all residents on the territory agree to start the procedure for re-registering housing.