What documents will be needed to privatize an apartment and in what order are they obtained? How to privatize an apartment, everything about privatization List of documents for privatization of an apartment.
Registration of housing in the possession of municipal authorities - free privatization of an apartment, is limited to the strict documentary part, which directly affects the timing of the procedure. The Law of the Russian Federation "On the privatization of the housing stock of the Russian Federation" dated July 4, 1991 No. 1541-1 defines the basic legal, social and economic principles of property rights. They allow citizens of the country to own and dispose of private real estate, make it an object of exchange, and participate in the trade market with it.
What is housing privatization
Property that is on the balance sheet of the state or municipal housing stock, and is also the subject of a social tenancy agreement, is subject to privatization. Due to the fact that residents of dilapidated public housing apartments living under a lease agreement while awaiting resettlement will lose their right to free privatization, the State Duma has secured a bill to extend its free procedure. As a result of a unanimous vote, privatization was extended indefinitely.
Who has the right to privatize an apartment
According to Article 2 of the Federal Law, every citizen can exercise one-time the right to acquire private property for social use from houses of a municipal or state fund, with the exception of office premises. A one-time free privatization of an apartment is reserved for minors who previously became owners of real estate once they reach 18 years of age.
Regulatory acts of the law provide for the right to privatize property occupied under a social tenancy agreement free of charge. The legal implementation of the procedure requires the consent of all family members, including minor residents aged 14 to 18 years. It is important to note that a real estate subject - an individual - is limited to one opportunity to participate in the privatization process; for a real estate object (apartment), a repeated procedure is not excluded.
Features and Rules
Thanks to the extension of the free procedure, everyone will be able to privatize state property. The privatization of an apartment is not limited to the value of the property. Federal law establishes its rules defining objects that cannot be private property:
- Museum fund apartments.
- Dormitory rooms located on the territory of nature reserves or parks.
- Service housing. The law prohibits the privatization of service apartments and rooms on the territory of closed military camps.
- emergency housing.
How to privatize an apartment
For many citizens of the country, apartment privatization remains a pressing issue. This is facilitated by a significant percentage of real estate that is in communal ownership. The procedure for legal registration of property rights involves the implementation of successive stages:
- Collection of documents for real estate. Privatization of an apartment is a lengthy and energy-consuming process, which can be simplified through the services of a realtor or lawyer. The full package of documents includes confirmation of the identity of all participants in the privatization process and technical documentation of the property.
- Submitting an application to the executive authorities. To formalize the transfer of housing stock into private ownership, you must submit an application and submit a complete package of documents to the Housing Policy Department of the local administration. The law sets the deadline for verifying the authenticity, completeness and correctness of documents - 2 months. You can find out what the document should look like using a photo sample.
- Drawing up a contract for obtaining housing ownership. If approved, an agreement on the transfer of real estate into private ownership is drawn up between the participants - the housing department of the administration on the one hand and the apartment residents on the other hand.
- Registration of an apartment in Rosreestr. After concluding the contract, registration of the privatized apartment will be required. Within 10 working days, the Rosreestr service is obliged to provide a certificate of ownership to each co-owner of the apartment. The homeowner must contact the Rosreestr department with a package of documents, which should include: applicants’ passports, real estate cadastral passport, registration application, confirmation of payment of the state duty.
Where to start privatizing an apartment
Before starting urgent privatization, it is necessary to obtain the consent of all family members - participants in the procedure, registered in the apartment. If minor children under 14 years of age live on municipal property, their interests are represented by their parents or guardians. At the notary's office, a power of attorney should be issued to the person who will be the owner of the property. If one of the residents does not want to participate in privatization, it is necessary to issue a notarized refusal. Consent is not required from citizens who have previously exercised their right to privatization.
What documents are needed to privatize a municipal apartment?
Basic documents for privatization of an apartment in state or municipal ownership:
- birth certificate for persons under 14 years of age;
- passport of a citizen of the country;
- marriage or divorce certificate of family members;
- death certificate, if required;
- archival certificates in form No. 2 about registration from each previous place of residence to verify the fact of unused right to privatization, which are provided by the BTI;
- order or certificate of permission for privatization from OZhK;
- certificate from the BTI: a certificate-explication and a floor plan will be required;
- a cadastral passport with information about the area, volume, layout of the property, taken from the Cadastral Chamber;
- an extended extract from the house register, provided at the passport office at the location of the property;
- an extract from the Unified State Register, to obtain an extract you need to contact the MFC or the Registration Chamber;
- an extract in Form No. 3 from the Unified State Register for each privatization participant, which includes data on the availability of property owned by each of the participants;
- notarised power of attorney;
- personal account for the apartment, taken from the accounting department of the passport office;
- confirmation of payment of state duty.
If one of the privatization participants was a citizen of another country, it is necessary to provide a certificate from the Visa and Registration Department confirming the acquisition of citizenship of the Russian Federation. Individuals who have exercised their right to privatization submit an official list:
- certificate in form No. 2 from the BTI;
- extract in form No. 3 from the Unified State Register;
- extended extract from the house register.
Validity periods of documents
Re-registration of a real estate property has restrictions regarding the validity period of certain documents:
- An extract from the Unified State Register of Real Estate assesses the legal purity of the property. It can be obtained through a queue at the Rosreestr service or an online service. Paper and electronic statement formats are valid for 30 days.
- A certificate of the status of the personal account for payment of housing and utility bills reflects the presence or absence of debt for utility services for the last quarter. Its validity period is one month.
- An extract from the house register contains information about registered residents. Its legal force is limited to a month.
How and where to get a technical and cadastral passport for an apartment
To obtain a technical passport, you must contact the BTI. The cadastral passport is issued by the Cadastral Chamber. In order not to languish in line several times, you should prepare a package of documents in advance:
- social tenancy agreement or warrant - documents certifying the legal authority of the applicant;
- passport of a citizen of the Russian Federation;
- an extract from the house register;
- power of attorney, in case the procedure is carried out through a proxy.
The procedure for privatizing an apartment under a social tenancy agreement
The procedure for registering real estate as private property under a social tenancy agreement requires the provision of additional documents. If the social tenancy agreement specifies minor children, regardless of whether they are discharged or not, their participation in the process is mandatory. To do this you will need the following documentation:
- Permission from guardianship and trusteeship authorities. Both parents must receive it. Receipt time is 2 weeks.
- Extended extract from the house register from the new and previous place of residence. Applies to children under 18 years of age.
- To register a child under guardianship, documentary evidence of guardianship is required (a copy of the certificate and the original), permission from the guardianship and trusteeship authorities.
Timing of privatization
According to Article 8 of the law, privatization of an apartment should take no more than 60 calendar days. Legally, registration takes 15 days, 45 days are allocated for collecting and submitting the documentary part. In practice, the paperwork lasts 3-4 months, so the procedure can take up to 9 months. In many ways, the timing depends on the speed of obtaining certificates. In order for the process to be as fast as possible, it is important to comply with the condition - promptly collect a list of documents and correctly complete all documentation.
Cost of housing privatization
Obtaining most certificates and extracts requires payment of a state fee. The final cost of re-registration of state real estate depends on the number of future homeowners and the documents being prepared:
Pros and cons of the deal
Many citizens of the country for a long time cannot decide to re-register real estate, carefully considering the consequences and financial costs. In order to avoid the deprivatization procedure, it is necessary to understand the main pros and cons of property privatization:
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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 a 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 and trusteeship 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 and trusteeship 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.
Privatization is the procedure for transferring municipal and state housing into private ownership. Free privatization began in Russia after 1992 and the deadline for its completion was moved several times due to certain political and economic factors in the life of the country.
On February 22, 2017, the President signed a decree according to which privatization becomes permanent.
There are still quite a few people who want to receive it, because only after this a person has the right to completely dispose of it - hand it over, leave it in, and also use it for a large sum.
Stages of privatization of municipal housing
The privatization procedure is carried out in accordance with Law No. 1541-1 “On the privatization of housing stock in the Russian Federation.”
The self-privatization procedure includes several stages:
- Preparation of a package of documents.
- Payment of duties.
- Submitting the package for consideration to the housing department of the municipality.
- Registration of property rights with the Federal Registration Service (Rosregistration).
- Obtaining a homeowner's certificate.
Who can undergo the procedure
In accordance with current legislation, the right to free privatization can be exercised once. Every person living and registered in it on the basis of a social tenancy agreement can convert municipal or state housing into private ownership.
A citizen may not participate in privatization by writing a written refusal of the procedure.
People can also participate in the transfer of municipal housing into private ownership. minor children, whose interests must be represented by parents or guardians during the procedure.
A citizen cannot transfer his right to privatization, therefore, if it is necessary for a person who is not a relative and does not live in the living space to be privatized to participate in it, it is necessary. The registration of all citizens living and applying in the future for this living space must be permanent, i.e. confirmed by a special stamp in the passport.
Set of documents
The list of documents that must be attached to the privatization application is quite extensive. Most of the time in the process is spent on preparation and collection package of documents.
To avoid delaying the procedure, many citizens do not do this themselves, but resort to the help of authorized representatives or legal offices that have the necessary resources to provide such services.
Documents required to complete the privatization procedure:
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To receive an extract, you must provide a passport and documents confirming the right to use the residential premises to the passport office at your place of residence. She is valid within 30 days.
Depending on the individual situation, additional documents may be needed to register property free of charge, such as powers of attorney, refusal to participate in privatization, an order to appoint a guardian, etc.
It should be remembered that each certificate that needs to be obtained has its own validity, so it’s worth starting with those that are valid longer. In addition, it is necessary to take into account the deadlines for preparing certificates and statements and be guided by this when creating a package of documents.
What to do if the apartment has been remodeled? If in those the passport does not reflect the changes, this may become an obstacle to privatization. First, you should either return the apartment to its original condition, or legalize the changes through the court.
The privatization procedure requires a lot of time, effort and patience, so many citizens prefer to entrust the collection of documents and interaction with local governments to another person who has the necessary knowledge and skills.
The powers of this person are confirmed by a power of attorney, which, in accordance with Part 1 of Article 185.1 of the Civil Code of the Russian Federation, must be certified by a notary.
The power of attorney is drawn up on a special form, which is offered at the notary’s office, and is registered in register of powers of attorney. It regulates the legal relationship between the principal (the one who is trusted to carry out any actions) and the trustee (the one who is trusted to carry out any actions).
To draw up a power of attorney, the notary needs the principal’s passport, a copy of the passport or passport data of the proxy, a warrant or social tenancy agreement for municipal housing subject to privatization, and, of course, the personal presence of the principal during the procedure.
The power of attorney must contain the following information:
- Personal data of the principal and the authorized representative.
- Date of registration of the power of attorney.
- Information about the powers of the trustee and the actions that he needs to carry out on behalf of the principal.
- Duration of the power of attorney.
- Signature of the notary who drew up the power of attorney.
Statement
In accordance with current legislation, a citizen must submit an application for permission to privatize residential premises to local authorities. In this application, the citizen must indicate:
- your full name,
- date of birth,
- residential address,
- citizenship,
- passport details.
The main part of the application indicates the address of the apartment or house to be registered as property, as well as the main characteristics.
The completed application is accompanied by a package of documents approved to exercise the citizen’s right to free privatization.
The agreement and its nuances
An agreement on the transfer of residential premises as part of privatization can be drawn up only after the authorized department of the local government has reviewed the application submitted by the citizen and reviewed the attached documents. This procedure takes about 2 months. After this, the local housing authorities register agreement on the transfer of living space into the ownership of the applicant.
The parties to such an agreement are the citizen to whom ownership of the residential premises is transferred and the local government body that transfers this residential premises.
The privatization agreement states:
- who transfers the property (here a reference to a document confirming the authority of the official carrying out the transfer of the residential premises is required),
- to whom the ownership of the residential premises is transferred,
- name and address of the location of the transferred living space,
- main characteristics and parameters of the transferred living space (number of rooms, footage with reference to the technical passport),
- the basis for taking possession of the living space (registration of rights),
- transfer of responsibilities enshrined in the contract, in the event of the death of a citizen, to his heirs,
- link to a document regulating the rules for using residential premises in accordance with the law of the Russian Federation,
- transfer of expenses for maintenance and repair of housing to the Recipient,
- the Recipient’s obligation to bear the costs associated with the execution and registration of this agreement,
- number of copies of the agreement and where they are sent,
- information about familiarization of the Recipient with the rules for the use of residential premises,
- addresses and details of the parties,
- personal data of the recipient (full name, date of birth, place of birth, citizenship, gender, passport details, place of registration),
- signature of the head of the local government body,
- signature and seal of the official who registered the agreement,
- date of drawing up and registration of the agreement with the administration.
When registering living space as shared ownership, the contract specifies the share of each participant in the privatization, including minor children.
More information about documents for privatization of housing on video
How to privatize an apartment correctly and avoid mistakes at the stage of collecting or processing documents? The lawyer says.
Hello. Since 2015, I have helped 18 clients privatize their municipal apartments - I have experience in this matter. Before moving on to the list of documents, I highly recommend reading.
I divided the documents into 2 sections - and . All of them are needed to draw up a privatization agreement and then register ownership of the apartment. I wrote about this in my instructions for the privatization of a municipal apartment.
Documents for a municipal apartment
- Social tenancy order or contract;
These documents confirm the right of citizens to use and live in the apartment. Until March 1, 2005, if an apartment was issued to citizens for social rent, a warrant was issued. After this date - a social tenancy agreement. In some regions/cities it is not necessary to provide a social tenancy agreement (Moscow and Samara), while in others it is mandatory (Ekaterinburg, Novosibirsk, St. Petersburg).
In some regions, if an apartment was issued under a warrant, then before privatization they are required to draw up a social tenancy agreement. In others, it is enough to have a warrant or just a personal account. Therefore, before submitting documents, consult in advance.
- Technical passport for the apartment;
- Extract from the personal account;
This extract can be obtained from the accounting department of the management company (housing department, housing and communal services, homeowners association) or from the MFC. But the problem is that the management company will only give it if all utility debts for the apartment are paid, although this is illegal and arbitrary. It’s just additional pressure on paying utility debts.
After privatization, the apartment can be sold. My colleague Elena Grushina compiled a list of documents for selling an apartment. Elena is a realtor with a legal education
Documents for participants in privatization
- Russian Federation passports citizens who will or will not participate in privatization;
If the child is under 14 years old, he will need it birth certificate and passports of both parents (guardian, trustee). If the child is between 14 and 18 years old, then his passport and the passports of both parents (guardian, trustee).
- Certificate in form No. 2 on participation/non-participation in privatization;
According to Article 11 of the Law on Privatization, a citizen after 18 years of age can participate in it only once. If a citizen participated in privatization before the age of 18, then he can participate in it again after 18 years.
This certificate proves whether the citizen has lost his right to privatization or not. It is taken from the BTI or MFC for each person who will participate in privatization. If a person registered in an apartment after June 1991 or changed his registration since 1991 (registered in another city or village), then he will additionally be required to provide a certificate of participation/non-participation from the BTI of the given city.
Example 1: Alexander received a municipal apartment in Moscow through social rent, which he wants to privatize. He was registered there in 2000, and before that he was registered in Yekaterinburg. Privatization began in 1991 and a person can participate in it once. Therefore, in order to prove that he did not participate in privatization either in Yekaterinburg or in Moscow, he needs to provide a certificate of non-participation, which must be obtained from the BTI of both Moscow and Yekaterinburg.
Example 2: Irina received a municipal apartment in Moscow through social rent, which she wants to privatize. She registered there in 1995, then changed her place of registration several times due to work (service). From 2005 to 2007 she was registered in Samara, then came and registered again in a Moscow apartment. Irina will need a certificate of non-participation from the BTI in Moscow and Samara.
- Archival extract from the house register from previous places of registration(certificate of registered persons in the apartment according to form No. 9, containing archival information);
The same as with certificate No. 2. If a citizen registered in a privatized apartment after June 1991 and/or changed his place of registration, then he will be required to provide an archival extract from the house register from his previous and other places of registration for this period. How to obtain an archival extract from the house register.
Example 1: Artem registered in a Moscow municipal apartment in 2001. Before that, he had been registered in Samara since 1995. He will be required to provide an archival extract from the house register in Samara for the period from 1995 to 2001.
Example 2: Vladimir registered in a municipal apartment in Samara in 1990. Due to his studies (work, service), he was from 2002 to 2006. was registered in Yekaterinburg. He will be required to provide an archival extract from the house register in Yekaterinburg for this period.
- Refusal to participate in privatization.
Those who decide not to participate in the privatization of the apartment and become future owners of the apartment must formalize a refusal. In Samara and Krasnodar, only a notarized refusal is required. In other cities, it is not necessary to have the refusal certified by a notary - it will be drawn up by the employees of the institution that accepts documents for privatization. You just need to sign it when submitting documents. Read in detail.
- If parents (guardians, trustees) want a minor child not to participate in privatization (refuse to participate), then they need to obtain and provide permission from the guardianship and trusteeship authority. Both parents apply for this permission, even if they are divorced.
- Notarized power of attorney, if the participant is acted by a proxy (representative);
- If an incapacitated/partially capable citizen participates in privatization: a court decision recognizing him as incompetent/partially capable + permission from the guardianship and trusteeship authorities to participate. This citizen is represented by a guardian, so the guardian will need a resolution establishing guardianship and a Russian passport.
- If the documents provided indicate the old surname, then a marriage or divorce certificate.
- If a citizen who is serving a sentence in prison participates in privatization, then a court verdict and a certificate of serving the sentence will be required. If this citizen does not participate, he must write a written refusal to participate. Next, the refusal must be certified by the head of the correctional institution. If the citizen has been released from prison, then a certificate of release.
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