What documents are needed to privatize an apartment. Everything about apartment privatization Documents required for apartment privatization
Last updated February 2019
Russians can have time to privatize an apartment for free until March 1, 2017. The issue of further extension of the deadline has not yet been resolved by the State Duma. It is worth recalling that since 2004 it has already been extended several times. Therefore, it is difficult to make any forecasts, and it is better for citizens to try to do this before the specified date.
Who has the right to privatization
Persons who legally reside in it on a permanent basis under a social tenancy agreement have the right to privatize housing. Cannot apply:
- located in the apartment under a lease agreement, free use, etc.
- temporarily registered.
Depending on the number of participating persons, housing is provided in ownership:
- sole;
- general
However, the presence of several registered persons in one apartment does not mean that it is obligatory to register common property, since only one resident can remain, in whose name the privatization will be carried out. This happens for the following reasons:
- the rest of those registered can refuse;
- other residents have previously taken advantage of privatization (of other housing), but this cannot be done twice;
- both taken together.
Not only the main tenant, but also another person living with him can register ownership of housing. For example, a husband and wife live in an apartment. The main tenant refused to participate in privatization. The property will be registered in the name of the wife.
How does privatization happen?
Where to start privatizing an apartment. There are the following stages:
- Bringing housing to the standards and requirements that are subject to privatization (for example, removing an apartment from the status of a service apartment, legalizing redevelopment, etc.);
- Collection of all documents;
- Submitting documents for privatization of an apartment to the authorized body making such a decision (housing departments, municipal property management committees, etc.). The easiest way is to contact the territorial MFC, the Center for Public Services, the “One Window” service, etc.;
- Consideration of the application and signing of an agreement on the removal of the apartment from municipal (state) jurisdiction.
- State registration of the privatization agreement.
Timing of privatization
There are two deadlines you need to know:
- The period when you can exercise your right to free housing ownership
Privatization of apartments has been extended until March 1, 2017. This means the last date when you can submit documents, which should not be confused with the date of signing the agreement or its state registration. Thus, if the applicant submits documents on February 28, 2017, then he met the deadline.
- Procedural period
Consideration of the application and documents for privatization, signing of the agreement - it lasts 2 months from the date of submission of the documents.
List of required documents
Each subject of the Russian Federation has developed regulations on the privatization of housing stock. They provide procedural issues and a list of documents for privatization of an apartment. But, as a rule, such provisions are typical and contain an approximately similar list of required documents:
Statement
There may be another name - a request for the provision of public services. The application form may be proposed by a specific municipal authority.
For the applicant
- passport (original);
- notarized power of attorney and a copy of the passport (if the delivery is made by a representative under a power of attorney);
For other persons registered in the apartment
- passports (original and copy),
- birth certificates (if children under 14 years of age);
- notarized (consent) powers of attorney to represent interests in the matter of privatization (if the document is not presented, then such a person must appear to hand over the documents and subsequently to sign the agreement in person);
- notarized refusal to participate in privatization (in the absence of a written refusal, the presence of the refuser is required);
- permission from the guardianship and trusteeship authorities to refuse privatization of a minor (incapacitated, with limited legal capacity) (such permission is issued very rarely);
- consent of the legal representative of a minor (14-18 years old) or the guardianship and trusteeship authority for children left without guardianship to participate in privatization;
- a court decision declaring a citizen incompetent or partially capable and an administrative document of the guardianship and trusteeship authority authorizing a representative;
- death certificate of persons who previously lived in the apartment.
A document base
- social tenancy agreement (original),
- warrant (original);
- order (extract) of the executive body on privatized housing.
If documents are missing, you need to request them from the EIRC or the administration archive.
Technical documentation for living space
- a technical passport reflecting the characteristics of the premises (technical plan and floor plan) and confirming the fact of compliance with the layout.
- cadastral passport- in essence, this is just an extract from the state cadastre, given in Rossreestr. From it you can find out about the area, total volume, layout, etc.
These documents are not always mandatory. In some regions, such documentation is independently requested by interdepartmental request, or is not required at all.
Extract from the Unified State Register for privatized housing
It reflects the legal history of this property (who owns the rights to it, what transactions were made with it, etc.), confirms the fact that the apartment has not been previously privatized and is not under arrest.
And also an extract of form No. 3 for each apartment tenant (indicates who owns which property is listed).
Extract from the house register
An extract with complete information (from the moment of concluding a social tenancy agreement, issuing a warrant) regarding the apartment of interest. Contains information about registered privatization participants.
List of additional documents
This is not to say that the documents listed below are “optional”. They are also mandatory, but for individual cases. Look in the options for a situation similar to yours and, accordingly, for the necessary additional documents:
- if your interests will be represented by a trusted person (that is, going to institutions, writing applications, submitting/collecting documents), then a notarized power of attorney must be drawn up;
- if one of your cohabitants refuses to participate in privatization, you need to register a refusal to participate in privatization with a notary;
- if your children under 18 years of age are mentioned in the contract, but are registered elsewhere, then you need to collect:
- permission from guardianship and trusteeship authorities to participate in privatization;
- extracts from house books from previous and current places of residence.
- If a child registered in this apartment is under your care, then you will need:
- order appointing a guardian;
- permission from the guardianship authority to privatize the apartment.
- You will also need to obtain a certificate of citizenship from the OVIR if in the past someone living in the apartment was a citizen/subject of another country.
Validity periods of documents
It is important to know that among the documents collected, some have an expiration date:
- Extract from the Unified State Register – 30 days;
- Personal account certificate – 30 days;
- Extract from the house register – 14 days;
If the document is overdue by the time of delivery, this may be a reason for refusal of privatization.
Please note that the presented package of documents concerns typical situations. If there are special life circumstances, documents and actions will be required to match them.
For example, if a minor previously lived in the privatized living space and was listed in the social tenancy agreement, which was issued before the documents were submitted, then this child is subject to inclusion in privatization, for which it is necessary to obtain special prior permission from the guardianship authorities.
Signing an agreement for the transfer of an apartment
- Documents for the privatization of a municipal apartment are submitted to the department (committee, management) for housing policy. The specialist checks the existence of grounds for privatization and prepares a draft agreement.
- After this, the applicant and other participants are invited by mail to sign. Personal appearance is required, except when there is a notarized power of attorney for a representative to sign the agreement.
- The contract is then finalized and the applicant is separately notified of receipt of the completed copy.
- The contract is handed over in the same place where the documents for privatization were submitted.
- The period for preparation, signing, execution and transfer of the contract should not exceed 2 months from the date of submission of documents.
When can privatization be refused?
There are many reasons for refusing privatization. It can be expressed:
- failure to accept documents;
- in the form of a notice of refusal to transfer living space to the tenant and members of his family based on the results of review of documents.
The grounds for refusal are usually:
The apartment does not fall under the privatization program:
- is in disrepair (the house is subject to demolition);
- located on the territory of closed military camps;
- refers to the status of a dormitory or service housing;
- is neither municipal nor state property;
- is in custody.
Lack of authority to privatize:
- the living space is not provided for social rent, but for rent, free use, etc.;
- there is no consent to privatization from all registered persons;
- the right to privatization has been previously used (with the exception of minors who can participate in privatization before the age of 18 and after adulthood);
If the documents for privatization of the apartment have:
- false information, contradictions, corrections;
- have lost their validity;
- presented in an incomplete set.
And other reasons.
State registration
The agreement is subject to mandatory registration in RosReestr. Without it, the transfer is considered legally invalid and property rights do not arise.
Usually the contract specifies the registration period; if it does not exist, then it should not be delayed.
For state registration you need:
- statement from all participants;
- receipt of payment of state duty in the amount of 2000 rubles;
- agreement on the transfer of ownership of the apartment with all attachments;
- consent to privatization of family members and/or refusal to participate;
- cadastral passport (if the passport has not been submitted to Rosreestr before);
- permission from guardianship authorities, powers of attorney of representatives and other documents depending on the specifics of privatization.
Where to contact
Recently, MFCs and Central State Institutions have been offering state registration services for privatization agreements. To do this, a notarized power of attorney is made for the appointed employee, a state fee is paid, and everything else is done by MFC specialists.
Who is better to entrust privatization to?
Independently - interested parties themselves can deal with privatization issues. It is most effective to identify one person responsible for this event, and obtain consents, refusals and powers of attorney from the others.
Lawyer - if the situation is non-standard and confusing, it is better to entrust all issues of preparation for privatization to a professional lawyer in the field of real estate turnover, who will correctly determine what documents are needed for the privatization of a municipal apartment, collect them himself and submit them for consideration. This service will cost a moderate amount and will save time, effort and nerves. In addition, an inept approach to this matter may result in costs for the production of unnecessary documents or their repeated production, which will still incur costs.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.
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Re-registration of rights to residential properties is a formalized procedure in which at each stage it is necessary to submit a mandatory set of documents. To avoid denial of the exercise of this right, housing tenants must thoroughly comply with the requirements of the law regarding the preparation of certificates and forms.
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Concept
The basic principles of the privatization process include:
- accessibility – the terms of the program apply to all categories of citizens of the Russian Federation;
- gratuitousness - tenants do not have to pay the cost of the property when re-registering rights;
- one-time use - each citizen is granted a one-time right to obtain housing in this way (an exception is provided only to minors).
Subject to compliance with these principles, citizens can, without restrictions, exercise the right to privatization within the established time frame and receive title documents.
Legislation
The list of documents that participants in the privatization procedure need to collect is regulated by law.
The regulatory legal acts that define the basic requirements for the composition of certificates and forms include:
- Housing Code of the Russian Federation ();
- Civil Code of the Russian Federation;
These standards must be observed not only by tenants of premises, but also by bodies authorized to issue privatization documents.
To clarify the list of documents for privatization of an apartment 2017 , citizens have the right to contact municipal and state institutions in advance, which are granted the authority to re-register rights.
Procedure
These include:
- certificate of non-participation in privatization procedures;
- apartment card or extracts from the house register establishing a list of persons living in the apartment at the time of application;
- statement of absence of debt for housing and communal services.
The composition of these certificates may vary depending on specific circumstances.
For example, if the applicant throughout his life constantly resided only in one apartment, he will not need to provide a certificate of non-participation in privatization.
Personal
Personal documents include:
- passports of privatization participants aged from 14 years old;
- birth certificates of minor citizens aged up to 14 years old;
- refusal to participate in the privatization of one or more employers.
In addition, in some cases it will be necessary to provide documents confirming the relationship of the employers.
To obtain a cadastral and technical passport
Preparation of technical documentation is carried out at the stage of applying for privatization.
To produce a technical passport for the premises, you will need to submit to the cadastral engineer a social tenancy agreement confirming the legality of the right to use the property.
A cadastral passport is issued after the property is registered and information about it is entered into the Unified State Register of Real Estate. To do this, a privatization agreement and a technical passport must be presented. The information in the cadastral passport will indicate a unique cadastral number assigned to the premises as a result of accounting measures.
To obtain an extract from Rosreestr
An extract from the Unified State Register of Companies, issued based on the results of registration actions, will be the final stage of privatization.
- territorial division of Rosreestr;
- local branch of the Multifunctional Center (MFC).
Regardless of the method of application, specific registration activities will be carried out by Rosreestr officials.
What else is needed to draw up a privatization agreement?
To draw up a privatization agreement, the personal participation of citizens who have decided to re-register housing rights will be required. In the presence of a specialist from the authorized body, they must fill out and sign an application, which will record their will to participate in the program.
In addition, to confirm the right to transfer premises, a certificate of absence of housing in the list of service or emergency premises may be required.
This form may be issued by your local property management department or government agency.
Package for obtaining a certificate of ownership at Companies House
- To receive an extract from the Unified State Register of Real Estate (from July 2019 it is issued instead of a certificate of ownership), the applicant will need to submit:
- an agreement with an authorized body for the transfer of ownership of an apartment;
- technical passport for the facility;
- identity documents of citizens;
receipt of payment of state duty.
Acceptance of documents will be confirmed by a receipt in the prescribed form, which indicates the date of application for an extract from the Unified State Register.
Documents for refusal
If one or more tenants have decided to refuse to participate in privatization in favor of the remaining tenants, they will need to give consent to re-register rights to other persons.
Many questions are received during the consultation regarding the privatization of an apartment: deadlines, documents, what nuances may lie in wait, as well as the pros and cons of privatization...
○In this article we will clarify all these questions and try to answer all your comments.
○Pros and cons of privatization.
○Cost of privatization.
○What are the legal deadlines for privatization? How quickly is everything processed?
○Required documents.
Privatization: procedure step by step!Housing privatization is a procedure for transferring apartments and other residential premises into the ownership of persons legally residing in them. The right to free privatization has been granted to Russian citizens since 1992 and has been maintained for more than 20 years. This layer of law is quite extensive and is most widely represented on our website.
In fact, privatization is a chain of sequential actions: collecting documents for real estate, sending an application to the relevant department of the executive authority of the subject, concluding an agreement to obtain ownership of housing through privatization and registering the acquired property right with the Rosreestr authorities. However, the scheme seems simple only at first glance.
○ Pros and cons of privatization○ ADVANTAGES
[Once] The first and main advantage is that such an apartment costs the owners a tiny amount - only the costs of completing all the paperwork. If you were given housing under a social rental agreement and the required period of ownership has passed - feel free to privatize the apartment, without hesitation.
[Two] The legal owner of privatized property has the right to carry out any actions with the living space: sell, donate, bequeath or lease. In contrast to social rented housing, which can only be exchanged and only with the permission of the municipal authorities that provided it.
[Three] homeownership is almost impossible. Theoretically, the state has the right to sell an apartment for utility debts, however, cases of such practice are rare and are caused by excessively gross violations of payments. Other persons who did not have the right to carry it out as established by law also do not have the right to challenge privatization.
[Four] Freedom of action when registering and deregistering residents. The owner, at his discretion, can register the number of people required by law. We have discussed in detail the issues of registration, registration and deregistration.
○ FLAWS
[ Once] The key disadvantage of privatization is the constant increase in utility bills. The apartment owner is required to pay more for repairs to residential premises. Major repairs of a residential building are subsequently added to the cost, while the property does not become the property of all improvements; in fact, they go to the state.
[ Two] Payment of property taxes. The rate depends on the cost of housing and is determined by regional authorities.
[ Three] Impossibility of managing social rented housing in full.
[ Four] At the moment, the privatization of apartments is free, this law was extended by the President of the Russian Federation until 2015 (and most likely will be extended further). It is known that this is the last extension of the free privatization procedure, however, similar statements have already been made more than once and each time the deadline for privatization was extended.
[ Five] The timing of privatization depends on the specific case and, according to established practice, the process takes from 2 months.
○ Some nuances of privatization
The first thing you need to understand before carrying out privatization is to find out whether this procedure is possible for the occupied apartment.
Thus, the apartment must be owned by a municipal entity or federal property, and the basis for its use is a social tenancy agreement. Service housing owned by a legal entity and premises of specialized housing stock will not be subject to acquisition of ownership through privatization.
In addition to the ownership regime of the apartment, its suitability for habitation is also important. According to the law, it will be impossible to privatize an apartment in a building recognized as unsafe and unfit for habitation.
It should be borne in mind that the privatization procedure requires a significant amount of time. As a rule, a considerable period of time will be needed to collect technical documentation for the apartment, draw up a technical plan and other documents.
There is one more important nuance: privatization must be carried out in strict accordance with the procedure established by law, with the content of reliable information in all documents provided.
Any inaccurate information or procedural violation during the procedure will allow the municipality or other public authority challenge privatization, terminate and invalidate the contract and obtain a court decision to evict the persons participating in the privatization.
○ Terms of privatization according to the law, how quickly is everything processed?
Free privatization at the initiative of deputies of the Russian parliament has been extended until March 1, 2015. Accordingly, documents for obtaining ownership of an apartment through privatization will be accepted in the relevant departments of the municipality until February 28, 2015.
The question of a subsequent extension of free privatization was repeatedly raised. Thus, it is possible that the above date will not be the deadline.
As for the duration of the procedure itself, the average duration of registration, consideration and issuance of all documents, including registration of property rights with the Rosreestr authorities is 2 months.
When collecting documents, it is also worth considering that some papers have their own validity period:
- Extract from the Unified State Register for the property – no more 30 days.
- Certificate of personal account status (for payment of housing and utility bills) – no more 30 days.
- Extract from the house register – no more 14 days.
After the expiration date of the above documents, you must issue them again. Presentation of an expired document may result in refusal to carry out privatization.
○ Required documentsA complete list of documents required for registering ownership of an apartment through privatization is established by the relevant executive authority of the region or municipality entrusted with these powers.
The standard package consists of the following documents:
1. Consent (power of attorney) or refusal of persons living in the apartment to participate in the privatization procedure. executed in writing and subject to notarization. It is also possible to renounce a share in the right to a privatized apartment in favor of any family member.
2. Permission for privatization of guardianship and trusteeship authorities - necessary if minor children are registered in the apartment. In addition, children over 14 years of age can also consent or refuse to participate in privatization. Many Before carrying out the procedure, however, this should not be done - if the child was discharged from the apartment less than six months before submitting documents for privatization, it will be refused.
3. Originals of personal documents of persons living in the apartment: passports, birth certificates, marriage or divorce certificates, and for deceased family members - death certificates;
4. Social tenancy agreement – a document confirming the right to use an apartment subject to privatization. If such an agreement has not been concluded, you must contact the department for municipal property affairs, having a warrant in hand;
5. An extract from the personal account - a document confirming the presence or absence of debt on housing and utility bills. An extract can be obtained from the management or other housing maintenance company.
6. Extract from the house register. You must obtain such a document from the Federal Migration Service office or the passport office of the service organization.
7. A document confirming the fact that the persons participating in privatization have not used such a right before. Such a certificate is issued by the BTI (until 2000) and the Rosreestr authorities (since 2001), depending on the date of registration in the privatized apartment.
8. Technical passport of the apartment. If there is no such document, then it should be submitted to the BTI. A new passport must also be obtained if redevelopment or refurbishment of the apartment was carried out and such a document with the changes made was not issued, or the redevelopment was not approved (we described redevelopment in more detail in our article: ). Among other things, if unapproved redevelopment is carried out, the responsible tenant may be fined.
9. A document confirming that the apartment has not previously been privatized. In this case, you may need an extract from the Unified State Register in relation to the property.
10. Application for privatization is a document of a standard form, usually drawn up on the letterhead of the public authority entrusted with the authority to carry out privatization.
○ Privatization: procedure step by step!Theory is good, of course, but we decided to describe step by step what you need to do to privatize your living space.
The privatization procedure itself is a chain of the following sequential actions:
○ Step 1
Collection of all documents necessary for privatization. It is recommended to start with a technical plan or explication. As a rule, such documents are processed by the BTI in about one month. Then you should proceed to obtain a certificate stating that the apartment has not been previously privatized and an extract from their Unified State Register.
○ Step 2
Contacting the executive body of public authority (municipality) to write an application for participation in privatization. All persons involved in privatization must appear to write an application. At the same stage, notarized documents (if any) must be provided. Along with the application, you will also need all the documents listed above;
○ Step 3
Concluding an agreement for the transfer of an apartment through privatization. This document is usually prepared by municipal specialists within 10-14 days. Such a document, duly signed and executed, will be the basis for registering ownership.
○ Step 4
Registration of property rights with the Rosreestr authorities and obtaining a certificate of ownership.
○ Cost of privatizationIt is clear that privatization is relatively free. Regarding the cost of the housing itself... In general, the cost of privatization consists of the amount of state duties paid during the preparation of all documents. Approximate cost is:
- 500 rubles – registration of refusal to participate in privatization with a notary;
- 500 rubles – state duty for registration of common property rights with the Rosreestr authorities;
- 984 rubles – the cost of preparing a technical passport;
- from 2000 – fine for illegal redevelopment;
- about 100-200 rubles per person (the price is set by each region independently) - the cost of a certificate of non-participation in privatization;
- 500 rubles – the cost of an extract from the Unified State Register for the property.
Total - about 3-5 thousand rubles.
You see, privatizing an apartment is not such a complicated and expensive procedure. At the same time, in order to carry it out correctly, and in order to avoid lawsuits and claims in the future, all the subtleties and nuances described above must be observed, as well as the sequence of actions established by law.
○VIDEO: The leading lawyer of the Legal Expert company, Mikhail Skigin, talks in an accessible form about the privatization process and the problems that you may encounter.
If you have questions, be sure to use or comment.
The term “privatization” became known to Russians in the 90s, when it suddenly became possible to turn all common and state property into their own. Thus, privatization is the process of transforming state property into private property. Among the population, the most widespread privatization of apartments that were issued to citizens back in Soviet times. Since 1993, the state has made it possible for individuals to privatize the housing in which they live free of charge.
Every year the government threatens to set a deadline when it is possible to privatize housing for free; however, according to new amendments to the federal law, such deadlines were extended until March 1, 2015. Thus, persons who have not yet transferred a state-owned apartment into their own ownership need to do so in 2014.
What documents need to be collected to privatize an apartment?
To privatize an apartment, you must collect the following documents:
- Form No. 3, which is issued at the passport office of the Housing Office;
- Technical passport for residential space, which is also issued at the Housing Office;
- An application that is drawn up and signed by all family members in the presence of the head of the housing office.
- A certificate from the previous place of registration stating that the right to privatize the apartment was not used. This document indicates all family members, as well as the dates of registration and check-out from the apartment.
Also, a person intending to privatize an apartment must have a social tenancy agreement, as well as consent to the privatization of those people who live in this living space.
IMPORTANT: You can only privatize an apartment that has not undergone illegal redevelopment; Also, housing that is in disrepair or a house intended for demolition is not subject to privatization.
Privatization procedure
Minor children must participate in the privatization procedure. If they were evicted from the apartment less than six months before privatization, then government authorities will refuse to re-register ownership of the living space. Adult citizens registered in the privatized property can write a refusal to participate in privatization in favor of any person (also registered in this area).
The first stage of privatization is applying to the BTI in order for his employees to inspect the apartment. This process takes from two weeks to a month. Simultaneously with such an assessment, you should order a certificate from the Housing Office about all persons registered in the residential area. This certificate is issued within 2 weeks.
If there are minor children registered in the apartment, you must contact the guardianship authorities to obtain their permission to privatize the apartment, which is valid for 1 month from the date of receipt.
After collecting the necessary documents, the person should contact the Housing Department with a request to draw up a privatization agreement. When submitting an application to the specified body, all persons involved in privatization must be present. Drawing up an agreement takes from a week to two, then you need to contact the Office of the Federal Registration Service. This service checks all documents and issues a certificate of ownership. To complete the privatization process, it is necessary to register the privatized apartment with the BTI.
Thus, privatization of an apartment is a simple process that requires only small costs for collecting documents and visiting competent authorities and services.
Advice to all citizens: hurry up in 2014, because there are no guarantees that the government will extend the privatization deadline even for another year!
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Owning your own home is the dream of many Russian families. But, often, it is practically impracticable, since the income of the average family is very far from what allows purchasing this housing. The state understands the current situation and is developing a social program offering to obtain home ownership, practically free of charge. What is this program, what is its procedure and its validity period? This article will answer all these questions.
Fundamentals of Privatization
Privatization is the process of free, voluntary transfer of state or municipal property to citizens of the Russian Federation who occupy this property or who have reserved it in advance.
The main law regulating this procedure is the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” No. 1541-1 dated July 4, 1991, as amended on October 16, 2012 (hereinafter referred to as the privatization law).
This law defines the basic principles of privatization of residential premises located in the state and municipal housing stock for social use on the territory of the Russian Federation, as well as the economic, social and legal basis for the transformation of housing ownership relations.
The privatization law creates conditions for the realization of the right of citizens to meet their housing needs, the free choice of the method of obtaining housing ownership, as well as for better preservation and use of the housing stock.
At the end of February 2017, Russian President Vladimir Putin signed a federal law extending free privatization of housing. This time, free privatization of apartments has been extended not until 2019, but for an indefinite period.
This is not the first time that the legislator has postponed the end of free privatization, justifying this by the fact that many more citizens of the Russian Federation still want to privatize housing. Thus, those who are registered as needing housing will be able to exercise their right to free privatization of an apartment in 2019.
Who has the right to privatize an apartment?
A citizen living in a state or municipal apartment on the basis of a social tenancy agreement and who has not exercised his right to privatization in relation to another residential property may privatize his place of residence.
Potential owners are citizens who are tenants and members of their families registered in this residential premises. Children under 18 years of age automatically participate in the procedure.
After children have reached the age of eighteen, the right to privatize housing remains with them, despite their participation in such a procedure (paragraph 2 of article 11 of the privatization law).
A citizen living in an apartment on the basis of a free use agreement cannot privatize this housing.
Subtleties of the privatization process
Where to start privatizing an apartment? This process is carried out in the presence of all tenants of the apartment. If one of them cannot be present in person, a notarized power of attorney is needed to represent the interests of the absent person. If you cannot get to a notary’s office, you can always call a notary at your home. The interests of children under 14 years of age are represented by their parents, and upon reaching 14 years of age, the children themselves sign the appropriate agreement, obtaining formal parental consent. If one of the employers is temporarily absent, for example, undergoing military service, he is also required to agree to participate in the process.
In case of refusal to participate in the procedure, the refused citizen must give consent to the privatization of housing to the remaining family members registered at this address. If a person has already exercised his right to privatization, his consent is not required for other family members who have not exercised their rights.
If the child was discharged from the apartment and did not become the owner, after privatization at the new address, it is necessary to obtain permission from the guardianship and trusteeship authorities to carry out the procedure without the participation of the child, as well as a certificate of his registration at the new address. The exclusive competence of the guardianship and trusteeship authorities includes consent to the privatization of housing in which only minors live.
If privatization is carried out in relation to a room in a communal apartment, the consent of the neighbors is not necessary.
The agreement “On the transfer of ownership of an apartment” is subject to mandatory state registration. Only after this, the apartment becomes the full property of citizens.
Sometimes citizens living in municipal or state housing wonder: is it possible to sell a non-privatized apartment? No. Since the apartment is not the property of the citizen living in it, he does not have the right of disposal. Using not entirely legal schemes, it can be exchanged for another apartment. But such schemes have a lot of nuances and complexities, so they will not be discussed in this article.
How to privatize an apartment: step-by-step instructions
This chapter contains information about the detailed procedure and what documents are needed. It is important to note that this is a very long and quite energy-consuming process, but the systematic implementation of all stages will allow you to independently carry out this procedure. Of course, by paying for the services of a realtor or lawyer, you can avoid standing in lines and bureaucratic delays.
The whole procedure is carried out in 5 stages:
- Preparation of documents for privatization of an apartment and personal documents;
- Preparation of documents for registration of passports for the apartment (technical and cadastral);
- Obtaining an extract from Rosreestr;
- Drawing up a privatization agreement;
- Registration of a certificate of ownership.
After the package of documents has been collected, it is submitted to the BTI or MFC to formalize the contract.
First stage
Basic documents for privatization of an apartment (including municipal ones) in 2019:
- Social tenancy agreement for an apartment or warrant. If they are not available, you can order them from the Unified Information and Settlement Center;
- Registration certificate for the apartment. Contains information about the technical and floor plan of the apartment. Can be obtained from the BTI. State duty – from 900 rubles. (depending on urgency);
- Cadastral passport. Contains information about area, volume, layout, etc. Can be obtained from the Cadastral Chamber. State duty – 200 rubles;
- Extract from the house register. Contains information about persons registered in the apartment. Can be obtained from the passport office at the location of the apartment;
- Extract from the Unified State Register for the apartment. Can be obtained from the Registration Chamber or MFC.
- Extract of form No. 3 from the Unified State Register. It turns out for each participant in the procedure. Includes data on the availability of real estate owned by participants.
- Help form No. 2. Contains information about the person’s non-participation in the privatization process up to this point. You can take it to the BTI.
- Personal account for the apartment. Reflects information about the presence or absence of debt on utility bills (if any, it must be repaid). Can be obtained from the accounting department of the passport office;
- Notarized refusal to participate in the procedure. If there are refused citizens.
- Identity documents. For adults - a passport, for a child - a birth certificate. Served for each participant in the process;
- Power of attorney to carry out the process. Submitted if the tenant of the apartment is not personally involved in privatization.
Additional documents:
If there are minor children indicated in the social tenancy agreement, but discharged from the apartment, they still participate in the process, so it is necessary:
- Permission from guardianship authorities. Receipt time: 2 weeks. Both parents (legal representatives) must receive it, provided that they are not deprived of parental rights. Even his parents are divorced;
- Extracts from the house register with new And previous living place. It turns out an extended extract from the previous one and a regular one from the new place of residence, for children who were under 18 years old at the time of privatization.
If the persons participating in the process were registered in the apartment after 07/01/1991, extracts from the house register from the new and previous place of residence are required.
If a child is registered under guardianship:
- Document confirming guardianship. A photocopy and the original are supplied;
- Permission from guardianship authorities. As is the case with minor children.
If one of the participants in the process has received Russian citizenship, and was previously a citizen of another country, it is necessary to submit a certificate from the Visa and Registration Department confirming the acquisition of citizenship.
For a citizen who has already taken part in such a process, the following is additionally submitted:
- Certificate form No. 2. It turns out in BTI;
- Extended extract from the house register;
- Extract of form No. 3 from the Unified State Register.
Personal documents:
- Passport of a citizen of the Russian Federation. Original and photocopy (spreads with full name and registration must be on one sheet; if, due to the number of registration stamps, the photocopy does not fit on one sheet, notarization will be required);
- Death certificate of family members who previously lived in the apartment (original and notarized photocopy);
- Marriage certificate. Original and notarized copy;
- Children's birth certificate. Original and copy of the document, for children under 14 years of age.
Note! If there is a difference in the spelling of the address in the passport, with the address in the order or social rental agreement (for example: Krasnoshapki St. or Sniper Krasnoshapki St.), or spelling errors, you need a certificate specifying the place of residence (can be obtained at the passport office).
Second phase
At this stage, it is necessary to obtain passports for the apartment - technical and cadastral. If they already exist, then you can skip this step.
If not, then the following are submitted to the BTI and the Cadastral Chamber:
- A document certifying the applicant’s authority to own an apartment (social tenancy agreement or warrant);
- Applicant's passport;
- Extract from the house register;
- Power of attorney. If the procedure is carried out through a proxy.
Third stage
To obtain an extract from Rosreestr you need:
- Extract from the house register.
Fourth stage
Registration of the contract. It doesn’t matter where to submit documents for privatization, the procedure is the same for both BTI and MFC:
- Social tenancy agreement or order;
- Passports for the apartment - technical and cadastral;
- For adults - a passport, for a child - a birth certificate. Served on everyone involved in the process;
- A certificate from the personal account confirming the absence of debts for utility services;
- An extract from the house register for each person participating in the process;
- Certificate No. 2 from the BTI, for all members of the process;
- Extract from Rosreestr;
- Extracts from the Unified State Register. Extract for the apartment and extracts for all participants in the process;
- In cases requiring Additional documents - relevant documents;
Stage five
Registration and receipt of a certificate of ownership of the apartment. You need to contact the Registration Chamber with the following documents:
- Passports for the apartment - technical and cadastral;
- Extract from Rosreestr;
- If there are persons not participating in the process, then a refusal to participate certified by a notary;
- For adults - a passport, for a child - a birth certificate. Served on everyone involved in the process;
- Extracts from the house register. For all participants, from new and old registration places;
- Social tenancy agreement or order;
- Powers of attorney for all representatives, if any.
Registration takes about 14 days, after which a certificate of ownership of the apartment is issued.