For many people, the good news was that the privatization of municipal housing was extended, so it is now unlimited. This information was released only at the beginning of 2018. She caused delight among many citizens. The Law on the Privatization of Federal Law No. 14 contains information that now there are no time restrictions on when it is possible to transfer a municipal apartment into the ownership of registered persons.
Privatization concept
The process involves the registration of ownership of an apartment belonging to the municipality. It is regulated by the Law on Privatization of Housing Fund No. 14.
Since 2018, the procedure becomes not only free, but also unlimited. Therefore, for the transfer of an apartment into private ownership, it is not necessary to pay any redemption price.
Every citizen registered and living in a municipal apartment can take advantage of this offer. But privatization is proposed only once in a lifetime, so privatizing several residential properties will not work for free.
Principles of Procedure
The process is considered quite long and complicated, so you need to understand its features. The law on privatization of Federal Law No. 14 contains the basic principles of this process:
- gratuitousness, which assumes that citizens do not pay any means for transferring the apartment to their property, therefore it is enough to only pay the fee and notary services;
- voluntariness, therefore, citizens living in municipal housing independently decide whether the process will be conducted;
- one-time use is that every citizen can use this right only once in his life, therefore, if a person has already applied free privatization, then in other cases he will have to buy apartments for a specific cost.
Lack of fees is considered the most important parameter of free privatization.
Legislative regulation
In February 2017, the President signed special Federal Law No. 14, on the basis of which the privatization procedure on a free basis becomes unlimited.
In addition, when studying regulatory acts regarding this issue, it is recommended to pay attention to the provisions of the Federal Law No. 1541-1. It contains data on what is the procedure for the privatization of housing located in the municipal fund of a particular region.
Who can use it?
The procedure is applied by many citizens who live in housing owned by local authorities. Based on the RF law on the privatization of the housing stock, it is advisable for citizens to apply this procedure:
- living in different municipal apartments on the basis of a social loan agreement;
- living in dormitories or communal apartments;
- waiting for relocation from emergency housing to new, high-quality, safe and standards-compliant apartments, which can then be converted into ownership;
- who recently became Russian citizens, while receiving housing from the state;
- living in the Crimea.
Due to the use of the standard procedure, carefully described in the legislation, it is not required to apply to the court for transferring housing into ownership. This saves a significant amount of time.
If people did not manage to take advantage of the provisions of the law on privatization before 2018, then from March 2018 they will have such an opportunity. There is no need to rush, as the process is now unlimited.
When canβt I use it?
There are certain situations in which it will not be possible to apply free privatization to some facilities. The law on privatization of the Russian Federation No. 14 provides several reasons for refusing to carry out the procedure:
- previously, a citizen already took this opportunity, therefore, if he wants to privatize another housing, he will have to pay a certain redemption price to the municipality;
- service housing cannot be privatized;
- dormitory rooms are quite difficult to arrange for ownership, since a specific quadrature to tenants should be allocated in the social rent agreement;
- privatization is not permitted in respect of facilities located on the territory of military camps;
- if the apartment is located in a building that is a cultural property, then transferring it to property is prohibited.
Therefore, before compiling and submitting an application, you should make sure that you can register a specific housing. To do this, it is advisable to carefully study the provisions of the law on the privatization of public housing.
Benefits of the procedure for citizens
The use of free privatization has many advantages for citizens. These include:
- people register ownership of premises on a free basis, although they will have to pay a certain amount for paperwork and notary services, but in any case, such a process is considered more profitable than buying a new house;
- after the registration of the apartment, it can be used at its discretion, so it can be sold, exchanged, issued to other people on the basis of a gift or be inherited;
- you can use this property as collateral when applying for various loans or even mortgages;
- It will not work to evict the owner from real estate without really good reason.
The only disadvantages include the fact that you have to pay a fee for registration of property. The law on privatization includes the main stages that must be carried out by citizens, so that they can really make a home ownership.
Pros and cons for the state
The transfer of housing into the ownership of citizens has some advantages for the entire state. These include the benefits of:
- the tax base for property tax increases, since all owners of residential premises must annually transfer a fee to the budget based on the cadastral value of the property;
- no need to spend your money on overhaul in the house;
- reduced costs that have to be borne to maintain the optimal state of municipal housing;
- due to the fact that there is not a lot of social housing on the balance sheet of the municipality, significant funds are released that can be used for other purposes by the municipal authorities.
The law on privatization of housing stock brings not only positive aspects for the state. The disadvantages include the fact that the number of social housing in the fund is being reduced, so there are difficulties with the allocation of real estate to citizens who are socially vulnerable. There is an increase in the number of deprivatization housing, as there is a return of real estate back to the municipal housing fund. This suggests that the program itself has exhausted itself.
Order of registration
The privatization process of any dwelling should be carried out on the basis of legal requirements. For this, the provisions of the Law on the Privatization of Housing Fund No. 1541-1 must be taken into account.
The procedure is implemented in several stages:
- initially, the necessary documents for the apartment and papers are collected for all persons who apply for privatization;
- if some citizens registered in the object voluntarily refuse to privatize, then they must prepare a notarized refusal, and it indicates in whose favor the citizen refuses;
- Further, with the prepared documents, you need to visit various government agencies, which include the housing inspectorate, local administration, BTI, SES and other organizations, if necessary, and you need to send an application for different certificates to them;
- as soon as all the documents are completely ready, they must be addressed to the housing inspectorate;
- verification of documentation;
- if no errors or violations are found, a privatization agreement is formed;
- on the basis of this document, the right to an object in Rosreestr is registered, for which it is necessary to pay 2 thousand rubles.
The law on the privatization of property says that if a person voluntarily abandoned the process, then he retains the right to free-of-charge other municipal housing. At the same time, the owners of the property cannot evict it for any reason.
What documents will be needed?
Privatization is considered a rather complicated process due to the fact that it is necessary to prepare a lot of different papers. These include:
- social loan agreement, which can be replaced by a real estate order;
- cadastral passport;
- technical passport and technical plan, outstanding in the BTI;
- a certificate confirming that participants in the future privatization had not previously exercised their right to register ownership of municipal housing;
- certificate of family composition containing all citizens registered in one real estate;
- extract from the USRN;
- consent of citizens living in one apartment to conduct the process;
- notarized refusal if one of the residents refuses privatization;
- extract from the personal account, confirming the absence of debts for utilities.
If there are debts for housing services, the local administration may refuse to draw up a privatization agreement. Therefore, the law on privatization of the housing stock in the Russian Federation is being preliminarily studied in order to prevent a possible refusal in advance.
What do you have to pay?
Although the process is free, you still have to spend some cash. It is not necessary to compensate the municipality for the loss of social housing, but the law on the privatization of municipal housing stipulates the need to pay a fee and notary services. The main expenses include:
- Receiving an extract from the Unified State Register of Taxes in the MFC or Rosreestr on paper - 750 rubles.
- If privatization is carried out through the courts, then all legal costs will have to be borne. This is usually required if one of the tenants refuses to voluntarily perform the procedure. Spending can reach 5 thousand rubles.
- Registration of a notarial refusal from privatization is paid at the tariffs of the selected notary, but standardly it is paid from 1 thousand rubles.
- Registration of an object in Rosreestr costs 2 thousand rubles.
The above expenses are not considered too high, so the privatization of housing is more profitable than buying a full-fledged housing.
Where to go?
For privatization, it is required to apply to numerous state institutions. These include:
- the local administration of a particular region, which provides citizens with a social security agreement or a warrant, as well as an application for privatization to the employees of the institution;
- BTI, since in this institution you can get a data sheet and technical plan for the facility;
- Housing inspection, with which a contract is concluded for the transfer of housing from municipal property to private;
- Rosreestr intended for registration of ownership of an apartment by new private owners;
- The MFC can replace the Rosreestr, and you can also apply here for an extract from the house book or a certificate of family composition.
Thus, you will have to visit a lot of different authorities, so it is believed that the procedure is lengthy.
Does the law of garden plots apply?
Privatization has been extended based on changes in legislation on an unlimited basis. The law on the privatization of state and municipal property affected not only housing, but also garden plots.
Back in 2006, a special simplified procedure for registering land was introduced, called the summer amnesty. It was supposed that it will be applied until 2020, but it has also become unlimited since February 2018.
Conclusion
Thus, each citizen living in municipal housing can use his unique right to privatize the property on a free basis. The process from March 2018 is unlimited.
The procedure is considered long and complex, but more profitable than buying a property for permanent residence. Privatization can be used free of charge by every person only once in a lifetime. If there is no desire to participate in the procedure, then a notarized refusal can be issued. In this case, you can exercise this right in the future to another object owned by the municipality.