How to privatize housing

Recommendation points

What is privatization
What kind of housing can be privatized
Features of privatization
What instead of rent
Consent to privatization
Who does not benefit from privatization
How to register privatization

Any citizen of the Russian Federation who has reached the age of majority has the right to privatize a dwelling once, even if he had already participated in it before the age of majority, together with his parents or guardians.

Based on this postulate, we will tell you in this article which housing can be privatized, what needs to be done for this, what not to do, what documents need to be collected and where to submit them..

We will tell you what privatization is, who should register for privatization, and to whom, on the contrary, it is contraindicated.

In general, in this article we will provide you with the necessary preliminary information that should help you in solving this problem..

However, we warn you right away, there are nuances that exist in each separate region. Therefore, in some localities you may be asked for additional documents or information that is not provided for by federal legislation, but is the “work” of local officials. It’s illegal. But it is better not to argue with this, because in such a situation it is possible to prove something only through a court. And this is a completely different story.

What is privatization

Privatization of housing is its free transfer to the ownership of a citizen.

Privatization of housing is carried out in accordance with the Law “On the privatization of the housing stock in the Russian Federation”.

What kind of housing can be privatized

So, privatization is subject to housing located in the houses of the state, municipal or departmental housing stock, which, from a legal point of view, is also state, but transferred to departments for operational management..

If the company that manages your dwelling is liquidated, the housing stock under its management is transferred to the management of the legal successor of the liquidated company. If such a successor is not identified, then the housing stock is transferred to local authorities..

At the same time, without any reservations, you retain the right to privatize your home.

If the company to which your dwelling is assigned changes its form of ownership, the housing stock is transferred to the management of the enterprise reorganized in this way. But even so, you retain all rights to privatization.

Alas, if your home was built with the money of a former state or municipal enterprise after its reorganization into a limited liability company or joint stock company, then it is not subject to privatization.

Also, dwellings belonging to private or public housing stock are not subject to privatization. However, if the owner of such a home decides to allow privatization, then the home can be privatized.

In principle, a number of residential premises cannot be privatized. But principles exist to be broken..

Namely, you cannot privatize premises that:

are in emergency condition;
dorm rooms;
housing in houses of military camps;
office space.

But at the same time, nevertheless, it is possible to privatize the office premises of the housing stock of state farms and other agricultural enterprises of this kind..

And at the same time, it is still possible to privatize office premises, if the owner of the housing stock decides to allow such privatization.

Here you need to give an explanation, why is it suddenly the owner will make such a decision. Here’s why.

The fact is that there are such objects of the housing stock that hang on the balance sheet of the owner, like a weight on the leg of a convict. They are so neglected that it is easier to give them to tenants than to repair them. Let them figure it out on their own.

For the same reason, the decision on privatization is made and the structures authorized by the owner.

But they may not even make a decision on the privatization of official housing..

The same subtleties are in the issue of housing, which is in “emergency condition”. The fact is that this concept is often confused with others that are similar in nature. For example, housing that “requires major repairs”, “is subject to reconstruction”, “is subject to modernization”, “is subject to demolition.

These residential premises listed above are subject to privatization in accordance with the general procedure..

Moreover, in accordance with the law, regardless of this, the owners are obliged to repair everything that is supposed to be repaired, and everything that is supposed to be demolished is to be demolished, and to provide housing in return, no worse than before..

And on the contrary, if individuals privatize a dwelling located in a building that is a monument of history and culture, then these persons assume responsibilities for its maintenance in the proper form.

Rooms in communal apartments can be privatized regardless of the opinion of anyone on this issue. In accordance with the Decree of the Constitutional Court of the Russian Federation N 25-P “Citizens living in communal apartments have the right to privatize residential premises without any preconditions, in particular, regardless of the will of the owner of the communal apartment and other tenants, and whether are other dwellings in the same apartment being privatized “.

That is, the law has equal rights, in connection with privatization, tenants of rooms in communal apartments with tenants of separate apartments.

Having privatized your room in a communal apartment, you, nevertheless, do not remain only in it, as on a desert island. You can still use the shared kitchen, corridor, bathroom, utility rooms and other common property. But you are also responsible for their content..

Features of privatization

What instead of rent

Sometimes people are afraid to privatize housing on the grounds that they think that after privatization, they will pay more for it. But this is not the case now. The Privatization Law states: “The owners of privatized residential premises in communal apartments pay on equal terms with the tenants of residential premises in the state or municipal housing stock of social use the costs associated with the maintenance and repair of common areas of communal apartments and common property in an apartment building.”.

These payments are, in fact, a lenient real estate tax..

However, … In our life, obviously, we simply cannot do without these “however”.

The fact is that the Government has long been preparing a bill according to which we will have to pay this property tax based on its market value. And now it can be just awful.

In order to privatize housing, the consent of all family members is required. This takes into account the opinion of not only adult family members, but also children from 14 to 18 years old, as well as temporarily absent family members..

Often, absent people are forgotten, or they just want to forget. For example, as a rule, they “forget” to ask the opinion of former spouses who have moved after the divorce, but continue to be registered in this dwelling.

A person can agree to privatization, but not participate in it. This means it will not appear in the privatization certificate..

Everything here seems simple and clear. But there is one pitfall that can break the boat of the prevailing way.

The fact is that this person retains the right to a part of the other privatized premises received by these people instead of the previous one. In other words, if the same notorious spouse who agreed to the privatization of the apartment, from which he left for a long time, continues not to live in it, then this is normal. But now, when you get a new apartment in ownership, instead of the old one, this spouse suddenly appears and begins to “download rights”. And what is perhaps the most offensive, he has every legal basis for this..

Who does not benefit from privatization

Privatization is contraindicated for people who are crowded in a multitude in a tiny municipal apartment.

The fact is that when a family living in a rented municipal apartment is resettled, everyone is entitled to a certain amount of space in a new apartment provided to them in return. For Moscow, for example, it is at least 18 meters per person.

The same citizens who five of them huddle in a small one-room privatized apartment, according to the law, in case of resettlement, are required to provide an equivalent living space.

A privatized apartment can bring surprises of a different kind.

For example, here’s a real situation. Elderly parents want to leave their apartment to their son. To do this, they privatize it.

This is a wrong move, because their son, even if he lives separately with his family, but is registered with them, after their death, will remain the tenant of this living space and will be able to privatize it. But if the parents themselves privatize it, then after their death, other heirs by law may appear. For example, children from first marriage.

But if they did privatize, then let them write the correct will.

How to register privatization

In order to formalize privatization, it is necessary to submit an application to the local Agency for the privatization of the housing stock or a similar body responsible for privatization in order to make a decision on privatization and draw up an agreement on the transfer of residential premises into ownership.

The following documents are attached to this application:

Floor plan of the apartment and a certificate of its appraised value obtained from the BTI.
Certificate stating that at the former place of residence, the citizen did not participate in the privatization of housing (for those who are registered on the privatized housing later than 1992).
Extract from the house register, copy of personal account and order for the apartment.
Certificate of the place and time of registration at the previous place of residence, if there was one (for those registered in the privatized housing after 1992).

The term for such consideration of documents according to the law is no more than two months.

After receiving the privatization agreement, you need to obtain a technical passport for this apartment from the BTI.

To do this, you need to collect a package of documents again:

Old technical passport (if any).
Decision on the privatization of residential premises.
Contract for the transfer of residential premises into ownership (4 copies).
Receipt of payment of state registration fee.

All these documents are submitted to the local authority for registration of rights to real estate and transactions with it (registration chamber) for registration and issuance of a certificate of state registration.

In general, the term for the examination of documents provided by law is ten days. However, depending on the workload of the local registration authority, and the degree of efficiency of local officials, this period may slightly increase. But when you receive a certificate of privatization, where all the persons who became the owners of this living space are entered, you will receive complete freedom to carry out transactions with this living space. Because it is your property.

Congratulations in advance.