Many people live in apartments that are owned by municipal authorities. To do this, they draw up a social loan agreement with the municipality. At the same time, each person has the opportunity once in a lifetime to exercise his right to free privatization. It lies in the fact that housing is being transferred to private ownership. Therefore, each person needs to know how the privatization of the apartment is implemented, where to start this procedure, what documents should be prepared, and also what nuances you may encounter.
Privatization concept
Everyone living in municipal housing should understand this process. Privatization of housing is often required . How to do everything according to the law? To do this, take into account the provisions of the Federal Law No. 1541-1, which describe the basic rules of procedure.
The process can be carried out exclusively in relation to property on the balance sheet of a municipal or state housing fund. It should be the object described in the social security agreement. Each tenant can use this process, but it is important to understand what privatization of an apartment is, where to start the process, and what rules are taken into account. The main conditions are as follows:
- citizens who live in emergency housing cannot use this right, since their house is subject to demolition, so they will receive new housing, for which they will have to draw up a social loan agreement with the municipal authorities;
- each person can take advantage of privatization for free only once in a lifetime;
- the premises should be in the municipal or state fund, but it should not be represented by office premises.
All these requirements must be observed for the procedure.
Who can participate?
You should know for whom privatization of housing is possible. All the subtleties and nuances are contained in the Federal Law No. 1541-1. It states that every person can exercise the right to this process only once in a lifetime.
The right is reserved for minor citizens who may even be the owners of other premises. They can deal with the procedure only after reaching the age of 18.
Features of the privatization of the apartment are that it requires the presence of a social security agreement.
Legislative regulation
The main provisions on the process are contained in the Federal Law No. 1541-1, and a lot of comprehensive information can be obtained from numerous articles of the LC.
Changes and innovations are regularly introduced into the legislation, which apply even to the privatization process. It is necessary to constantly monitor these facts, which will allow the competent procedure.
Do I need to privatize the apartment?
Initially, it is necessary to decide whether it is advisable to use this method for registering housing in private ownership. Many people are sure that if the apartment does not belong to them on the basis of ownership, they can be evicted from housing for various reasons.
The apartment, which is provided to citizens on the basis of a social loan agreement, belongs to the municipality and, under certain conditions, can really be transferred to other citizens. But at the same time, each tenant can apply for the transfer of this object into his private property.
Only in the presence of the property of property can a person freely dispose of this property. To do this, they can make a variety of transactions, the main purpose of which is the change of ownership. If the apartment belongs to the municipality, then such transactions cannot be made by residents in any way. If all citizens are discharged from real estate, then it is transferred back to the municipality, therefore it can be transferred to other persons.
Privatization is a voluntary decision of each citizen, therefore, if there is a desire to dispose of this object, it is advisable to carry out this process.
Can they be evicted from municipal housing?
In certain situations, it is allowed for municipal authorities to evict tenants. These cases include:
- the presence of significant debts to pay for utilities;
- when a collective statement was made to the law enforcement authorities by the neighbors, which indicates that the tenants behave illegally;
- if the tenant dies, then the property does not pass to his relatives, so if there are no more people registered in this apartment, then it will be returned to the municipal fund.
The advantages of living in municipal housing include the fact that you do not need to pay property tax. Life is also considered safer, and repairs are carried out by municipal authorities. Additionally, if the house is considered emergency, then tenants receive a proportionate housing in the new house.
When can the process be implemented?
Each person must study the many nuances that arise when privatizing an apartment. Stages, documents and other features should be studied in the legislation or in the administration of a particular region.
The Federal Law No. 1541-1 indicates not only the rules for the implementation of the process, but also the period by which the state provides an opportunity to transfer objects to private ownership free of charge.
These terms have already been postponed several times, since many people live in apartments that are in dilapidated houses, and at the same time do not exercise their right, since it is not allowed to carry out the process in relation to such objects by the rules. Also, the municipality of different regions simply does not have the required number of apartments to resettle all citizens. Therefore, according to statistics, about 30% of citizens did not use their right.
Today, the law states that free privatization will end on March 1, 2018, so citizens should hurry. Before this deadline, you need to figure out what the privatization of the municipal apartment is, where to start the procedure, and what documents to prepare.
How to find out if housing is privatized?
Often there is a need to find out if a particular apartment is privatized. For example, this information is required after the death of a person living in real estate or when choosing the optimal housing for the acquisition.
Finding the necessary information is quite simple, for which different actions are performed:
- if it is required to purchase real estate, it is advisable to ask the seller for an extract from the USRN that contains basic information about this property, which also includes the type of property;
- if a person is the heir to a deceased citizen, then he needs to contact the Rosreestr branch to independently obtain an extract from the USRN, on the basis of which he can determine whether he will be able to register the object in his property or he will be transferred to the municipal authorities;
- if the necessary information is not available in the Rosreestr, then you will need to contact the BTI to clarify the data;
- information can also be found on receipts intended to pay for utilities.
Often, the heirs are faced with the fact that the apartment was not privatized, and also, except for the deceased person, no one was registered in it. In this case, housing is returned to the municipal authorities, so it will not be possible to count on it as an inheritance.
If the employer filed documents for privatization to death, but died before the end of this process, then his heirs can file a lawsuit to challenge the administration’s refusal to provide housing.
What are some ways to privatize an object?
It is important to determine not only what privatization of an apartment is, where to start the process, what documents are needed and what processes are being carried out for this, but it is also decided how the procedure will be implemented. To do this, you can choose the options:
- Sole privatization. It consists in the fact that one owner appears in housing, and other people can live in real estate only on the basis of registration. In this case, each person living in the facility must draw up a written refusal to participate in privatization. Minors registered in the apartment are also considered automatic participants in the process. Consent to transfer the apartment to one owner for them is drawn up by official guardians.
- Joint ownership. Usually this method is used by citizens who are official spouses. In the future, they will be able to dispose of the object only jointly.
- Collective. It is used if several citizens live in the apartment, each of whom wants to have a certain share of housing. In this case, each part is intended for real estate.
Regardless of the choice of a specific process option, it is required to prepare the same documents for the privatization of the apartment, a list of which can be requested from the regional administration.
Rules of Procedure
Each tenant of a municipal residential facility should figure out how to privatize housing properly. For this, some features are taken into account:
- the procedure can be performed free of charge only once in a lifetime by each person;
- privatization is carried out in respect of state or municipal property;
- the cost of the apartment does not affect the process.
There are certain objects that cannot be transferred to private ownership. These include:
- dormitory rooms, if it is located in the territory assigned to any reserve or park;
- apartments owned by the museum fund;
- service apartments;
- objects located in the emergency home.
If you understand what privatization of an apartment is, where to start, the pros and cons of the procedure, then without any difficulties a specific object will be transferred to the private property of the tenants. You can find out all the nuances directly in the administration of the region.
How is the process performed?
Privatization is implemented step by step quite simply. To do this, you need to prepare the necessary documents in advance and perform other preparatory steps. Where to start privatizing an apartment? Step-by-step instructions take into account the following steps:
- initially, the necessary documents for the existing property are collected;
- an application is drawn up and submitted to the local administration, and for this a housing policy department is selected;
- within two months, specialists of state bodies are engaged in verification of the authenticity of the documentation, as well as the correctness of its design;
- if there are no problems with documents, an agreement is drawn up and signed between the two parties, on the basis of which the housing is transferred to the property of the citizen;
- this agreement with other documents is brought to the Rosreestr or MFC for registration, and for this you will have to pay a fee of 2 thousand rubles .;
- the statement should indicate who will be the owner of the object, and if there will be several owners, then it is prescribed what proportion is transferred to each citizen;
- based on these documents, ownership of the object will be registered.
The procedure is considered quite specific. You can independently understand what privatization of an apartment is, where to start the process, what documents will be needed and other steps to be completed. But at the same time, you can additionally use the services of a realtor or an experienced lawyer to save time on the preparation of documentation and the implementation of various stages. But this increases the cost of funds for the procedure.
After receiving ownership of property, citizens may dispose of the property at their discretion. After the death of the owners, their heirs are given the opportunity to inherit an apartment.
Where does the process begin?
Before starting the procedure, you should decide how to privatize the apartment, where to start, a list of documents must be taken from the administration, and many other issues are also being resolved.
It is chosen which form of ownership will be registered, and all tenants can resolve this issue peacefully by drawing up the relevant applications. For children, documents are prepared by their official representatives, who can be parents or guardians.
Documentation can be transferred to different institutions, so you can contact not only the administration of the region. Often the privatization of an apartment in the MFC is carried out. Where to start under such conditions? We must first prepare the necessary documents.
Preparation of documentation
If privatization of housing is planned, what documents are needed for this? The full list can be found on the administration website or during a personal visit to the housing department. Typically need paper:
- passports of all adult citizens;
- St.-va on the birth of children living in a municipal apartment;
- if the spouses are involved in the process, then they prepare the certificate of marriage;
- often required even the death certificate of the main tenants or other citizens who were registered in real estate before death;
- a certificate from the house book, which contains information about who is really registered in the object, which guarantees that people who do not have rights to it will not qualify for a share in the apartment;
- a certificate from the archive in the form of No. 2, which confirms that all people applying for the process did not use their right to privatize before, and you can get it at the BTI;
- permission for privatization, which must be obtained at the OLC;
- a certificate from the BTI containing a floor plan and an explication;
- extract from the USRN for real estate, which indicates the size of the apartment, the number of rooms in it, layout and other significant information;
- a certificate from the USRN, which must be obtained for each person participating in the privatization, and it indicates which objects are owned by citizens;
- if only one person is involved in the procedure for all residents, then he must have a notarized power of attorney that allows him to represent the interests of other residents of the same apartment;
- technical passport for housing;
- personal account opened for a specific property, which can be taken at the passport office;
- receipt indicating payment of state duty.
If one of the tenants was previously a citizen of another country, then he must take a certificate from the Visa Department, which confirms that he received Russian citizenship.
How many documents are valid?
It is important to understand not only what documents are needed for housing privatization, but also how long they can be used. For example, an extract from the USRN is valid only 30 days, so during this time it is required to submit all the papers to the IFC or directly to the special administration department.
A certificate indicating the status of the account open for a particular apartment is valid for only one month. The same period is set for extracts from the house book.
Therefore, it is advisable immediately after preparing the necessary package of documents to contact the administration for re-registration of housing.
Where to get the registration certificate and extract from the USRN?
You should carefully understand how to privatize the apartment. Where to begin? For this, the necessary documents are collected, which include the data sheet. You can get it at the BTI, and a document is issued only to citizens who really have the right to live in real estate.
An extract from the USRN is issued at Rosreestr. To do this, prepare an application, passport and documents for the apartment.
How to privatize housing?
As soon as the necessary documentation is prepared, the direct process of transferring housing into private property begins. The procedure for privatizing an apartment consists of several successive stages:
- documents are submitted for consideration to the MFC or directly to the housing department;
- they are checked;
- a decision is made.
If the participants in this process are children, then it is required to obtain permission for its implementation from guardianship authorities. If the children are not yet 14 years old, then for them the decision is made by the parents.
Also, privatization of an apartment with redevelopment is often required. Where to start in this case? To do this, you need to make sure that the process of redevelopment of housing was carried out legally, therefore, tenants have all the necessary documents that confirm the legality of the changes. If such papers are absent, then initially it will be necessary to legalize redevelopment, and then submit documents for privatization.
Process Dates
Having figured out how to privatize the apartment, the steps that you need to take to do this will seem simple and understandable. On the basis of the Federal Law “On Privatization”, the process should not take more than 60 days in time. 15 days is intended for registration of citizens wishing to transfer housing to private ownership. Then, documents are collected within 45 days.
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Advantages and disadvantages
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Thus, each person can independently figure out how to privatize the apartment. This process is considered complex and requires the preparation of numerous documentation, but at the end of the procedure the apartment passes into the private ownership of citizens. It is important to accurately study all sequential actions that allow you to quickly implement the process. This takes into account the presence of illegal redevelopment or other problems that may become an obstacle to the privatization of housing. After this process, the owners will be able to freely dispose of the object.