Filling rules

A certificate is issued at the Registration Chamber.
To apply for it, you need to have certain documents with you, including:

• passports: technical and cadastral;
• a certificate stating that the person did not take part in privatization in Form 2;
• social rent order/contract for housing;
• an extract from the house register for all privatization participants (such an extract is needed from both the new and old place of residence);
• privatization contract for all persons who take part in the privatization process;
• a power of attorney issued by a notary for the collection and submission of documents, if the issue is handled by a third party;
• passports of adults and birth certificates of children who take part in privatization (when it comes to children, you need to understand that they must be registered in this housing);
• extract issued by Rosreestr.

Sample certificate

The process of privatization of an apartment is considered completed when a certificate of ownership of the property is received.

Privatization of an apartment: what documents are needed and the procedure for registration

• Having received ownership of a municipal apartment, the owner has the right to dispose of it: sell, exchange, rent, donate or formalize it in a will.
• A privatized apartment can act as collateral for a loan for a bank.
• Redevelopment is allowed in a privatized apartment.
• The owner has the right to register and discharge tenants at his own discretion.

We recommend reading: Donation Agreement for a Land Plot How to Execute

How to properly store title documents

Having received important documents, you should not stuff them somewhere, put them on a shelf or in a table along with other papers. Certificates and documents of this kind must be stored in a safe, secure place (safe, safe deposit box), away from prying eyes.

Important! If the Certificate falls into the wrong hands, you may lose rights to your own property. Do not trust these documents to friends or relatives, even if they ask you to

If you decide to sell real estate, provide real estate agents and buyers only with copies certified by a notary. An alternative version of the Certificate, and now the only document confirming privatization, is an extract from the Unified State Register, which any citizen can receive upon request by paying 200 rubles.

An extract is a document that confirms the fact that a given citizen has the official right to property, and there is a corresponding entry in the register. No other papers will be required anymore. The document can be issued to citizens on paper and sent via mail or sent by email.

Important! Do not confuse this extract with an extract about the object and the owner of the property, which is usually requested from Rosreestr during the process of selling or buying an apartment. The second document is publicly available and can be issued to anyone

If previously, when registering ownership of real estate, citizens were given either Certificates or extracts from the Unified State Register, now there is only one form of document indicating the emergence and transfer of rights to the new owner. After the cancellation of the procedure for issuing privatization certificates, the essence and form of the registration procedure remained unchanged.

What rights does a citizen receive after the privatization of an apartment? After privatization is completed, the citizen becomes the owner of the apartment and can:

• live in an apartment or house,
• rent out housing;
• sell or donate real estate,
• apply for a bank loan secured by an apartment.

Can they refuse to privatize an apartment?

There are a number of legal reasons why the registrar may refuse your request.

Therefore, in order to avoid problems with re-registration of housing, it is important to know not only where to privatize an apartment, but also what pitfalls may arise in this case

Why they may refuse: reasons, grounds

They can refuse on the basis of one or several reasons at once, but one way or another, an employee of a government department is obliged to explain his decision to you in writing with reason, while referring to regulations.

The legal grounds for refusal of privatization are:

• you are re-registering ownership of an apartment in a dilapidated building that is subject to demolition (having heard such a verdict, demand an appropriate resolution from the expert commission or feel free to appeal the actions of the registrar in court);
• you are privatizing a room in a hostel, which is part of the federal housing stock (as soon as the premises are transferred to the jurisdiction of a municipal entity, but cease to be considered a hostel, and receive the status of an ordinary apartment building, that is, there should be no problems with the privatization of such an apartment);
• your apartment is located in a closed military camp and is listed on the balance sheet of the Ministry of Defense;
• you applied for the privatization of official housing, which is federal property and part of the base of a certain enterprise (if the owner gives written consent, the refusal will be unlawful);
• in the privatized apartment, illegal redevelopment was previously carried out without the consent of the local administration (in this case, in addition to refusal, a fine will be issued, and an order will be issued to either legalize the reconstruction or return everything to its original form, after which you can again submit the application to the MFC).

What to do if privatization is refused?

Carefully study the reason for the refusal, consult with a lawyer, if you are sure that the registrar’s decision is unlawful, go to court to restore your civil rights.

Procedure

To appeal the refusal, it is necessary for the person who is privatizing his municipal apartment to file a claim with the branch of the district court of general jurisdiction.

The plaintiffs should be not only the tenant of municipal housing, but also all other persons involved in privatization. As a basis for initiating litigation, be sure to attach the received written refusal to your application.

After your rights have been restored, once again draw up an application for privatization, indicate the court decision as the main basis, attach a copy of the decision to the package of necessary documents and submit it to the registrar for consideration.

Procedure

Having received an unsatisfactory response from the registrars and deciding to challenge the decision in court, proceed as follows:

• statements of claim are drawn up (how many participants, so many copies);
• the necessary package of documents is collected;
• the state fee is paid, the receipt is attached to the collected papers and all this is submitted to the court office for review;
• after the claim is accepted, all hearings are attended at the appointed time;
• After receiving the registrar’s decision canceling the decision, on the basis of this document, an application for privatization of housing is once again submitted.

Statement of claim and documents

To avoid having to rewrite the claim several times, try to write it correctly right away.

Any statement of claim must consist of the following parts, their sequence must also be observed:

1. Header: name of the court, information about all plaintiffs and defendants (full name, contacts).
2. Descriptive part: contains a detailed description of the problem, documented arguments for your correctness, and a link to legislative acts proving the illegality of refusal to privatize.
3. Request to the court.

At the end there is a list of attached documents, the date and signature of the applicant.

Documentation

The main documents that must be submitted to the court are:

• statement;
• refusal of the registrar to carry out privatization;
• a copy of the applicant's passport;
• receipt of payment of state duty;
• social tenancy agreement or order;
• an extract from the apartment (house) register;
• certificate of family composition;
• evidence of illegality of refusal.

How to privatize an apartment: step-by-step instructions

In theory, everything is clear, but in practice, unforeseen situations may arise. To avoid unnecessary running around and refusals, it is advisable to follow the step-by-step instructions.

Order, stages

Experts divide privatization into four to five stages. Each of them represents an important step.

Stages of registration of ownership of municipal housing:

1. Preparation of a package with documents: mandatory and additional.
2. Ordering technical and cadastral passports for the apartment. Here you can also fill out an extract from the Unified State Register of Real Estate.
3. Approval of an agreement on the privatization of a real estate property.
4. Obtaining a certificate of ownership.

If you lose sight of some details, privatization will become impossible. If you are experiencing difficulties, contact our lawyers for a free consultation.

Privatization procedure

Sequence of actions (registration procedure) during the privatization of a residential property:

Stage No. 1

First of all, the applicant must prepare technical documentation and a plan of the residential premises (explication). The Bureau of Technical Inventory (BTI) handles the paperwork. Next, you should obtain an extract from the Unified State Register.

Stage No. 2

At the second stage, the citizen applies to the district (district) administration. The application is signed by all family members of the tenant of the municipal apartment. If someone refuses, they must provide a refusal certified by a notary. At the same time, the applicant submits a package of documents, which we will discuss below.

Stage No. 3

Signing an agreement on the transfer of ownership of the apartment into private hands. The agreement serves as the basis for registration of rights in Rosreestr.

Stage No. 4

Ownership rights are secured in a certificate with a state stamp. This moment will mark the completion of the procedure.

The primary task is to obtain approval of the application for privatization of the apartment. If this stage is successfully completed, formalities will remain.

Statement

The publication of amendments to Federal Law No. 1541-1 simplified the deadlines for filing an application for privatization of housing. Now you don’t need to adjust to a specific date. Privatization takes place indefinitely, which means you can devote time to preparing documents.

The application for privatization of an apartment in 2021 contains the following points:

• “hat” – indicate your full name, date of birth, passport details and residential address (municipal apartment);
• request to transfer the state facility into private ownership (exact address, number of rooms, technical parameters);
• date of;
• signature with transcript in the form of full name.

applications for privatization of apartments, housing

After the main section there is a consent form for the rest of the family. Below is information that the housing has not been privatized, is not under collateral (seizure) and is not the subject of a dispute between the tenant and family members.

Documentation

State bodies read every document carefully. Preparation of the package is the stage on which the success of the upcoming privatization of residential premises depends.

The list of documents that will have to be submitted is approximately as follows:

• several copies of applications - from the employer and his family members (including children under 14 years of age - parents or guardians declare their consent);
• a notarized social lease agreement or an old sample in the form of a warrant;
• information about the lack of participation in the privatization of housing;
• a receipt confirming the absence of debts to housing and communal services;
• extract from the house (apartment) register;
• basic technical documentation for the apartment (cadastral plan, floor plan, explication, information about redevelopment inside the apartment, etc.);
• certificate of family composition - provided by the Department of Internal Affairs or the housing department of the Management Company;
• extract from the Unified State Register of Real Estate (form No. 3) – about the availability of property of the applicant and other applicants;
• a certificate from Rosreestr stating that the apartment belongs to the state (municipality);
• copies of passports for each of the applicants (for children under 14 years of age - a birth certificate with the names of the mother/father);
• copies of marriage certificates - issued by the civil registry office;
• other documents (on request).

The easiest way to find out about documents is by visiting the State Budgetary Institution “My Documents”. There you can quickly draw up an application and submit some of the documents for consideration. The remaining papers will have to be submitted independently when drawing up an agreement on the privatization of the property.

The apartment has been privatized, where to go next?

I’ll disappoint you right away: don’t be fooled when you see all these beautiful advertisements. And don't be surprised by what happens next. Over the phone they will tell you that such an object really exists. But as soon as you meet with the realtor, he will say that this apartment has already been sold or that there was some kind of misunderstanding.

At the same time, you will certainly be offered dozens of apartments at a real price, which has nothing to do with the “reality” that prevails in advertisements on AVITO and other Internet portals or in the press. I am very familiar with this technology of attracting clients. In Ufa, from where I moved to Sochi, it is also used.

Realtors publish advertisements about non-existent properties for sale or rent at a price lower than the real one in order to attract the attention of potential clients. Realtors in Ufa call such objects “virtual”; in Sochi, as I was able to find out, such objects are called “lanterns”.

Important Heirs can challenge a written refusal to inherit a home in court.

• In addition, all information about privatization is on any payment receipt for utility services.
• Why privatize an apartment? It is quite difficult at first to understand all the positive aspects of apartment privatization. Residents who occupy an apartment under a social tenancy agreement are required to pay a small fee for it, and can receive subsidies from the state budget intended to pay housing and utility bills.

Attention It is important to say that they can forget about the property tax, which will be introduced in 2013. At the same time, a certificate of ownership may show clear priorities over a social tenancy agreement.

To begin with, it is worth saying that Moscow plans to switch to 100% payment for utility services in the near future. Thus, one advantage of the social tenancy agreement is eliminated.

Secondly, even if the house is completed and there are already certificates for living quarters and land, it must be taken into account that during the construction of such a house there was no quality control, no commissions came, no sample of the solution was taken for quality analysis, etc.

This house was simply built, and then found to be safe and legalized by the court. No one guarantees that all building standards required for the construction of an apartment building were observed.

Thirdly, keep in mind that electrical problems often arise in residential buildings, since only legally built apartment buildings are usually allocated normal power.

In addition, in residential premises there are often problems with sewerage, interruptions in water supply, heating, etc. Often, during the construction process, the developer uses utilities that he does not pay for.

Forbidden

We carefully studied all the documents and, making sure that in general everything was in order, agreed to make a deposit. Imagine our surprise when, at the moment of signing the deposit agreement, we saw an agreement in which it was stated that we would purchase the apartment for only 100,000 rubles! I couldn’t resist and demanded the phone number of this “most respected developer.” However, our conversation did not lead to anything good. In a confident voice, the young man tried to convince me that everything would be okay.

If some family members or simply previous residents, for example, former spouses, were discharged by court order, then you should definitely provide a copy of the court decision. It is worth warning that in the presence of any documents from the court, the privatization period immediately increases. 4.

To go through the entire process, you should have all passports from citizens who are registered in this territory, who are already 14 years old, copies of the first two pages of the passport and the registration page. If a child aged 14 years lives in the home, you must have an original and a copy of the birth certificate. It is important to remember that your passport should be changed when you reach 20 and 45 years of age. 5.

It is imperative to obtain a certificate stating that the living space did not participate in privatization. It can be obtained from the body responsible for state registration of property rights: BTI. 6.

Is it worth privatizing an apartment? Who needs it? It is very important to understand all the good and bad sides of privatization. If we talk about the positive sides, the main advantage of such an apartment is that it can be exchanged, sold, donated, rented out, bequeathed, and a number of other necessary operations can be performed with it. If the state recognizes your housing as unsafe, then it must provide you with a new living space in the same area.

We invite you to read: Tax deduction for a mortgage - tax refund when buying an apartment with a mortgage

In addition, you will not be evicted from the apartment, for example, for inappropriate behavior. The privatization process also has its disadvantages. First, the owners of such housing will have to pay property taxes, but in the future. The rent in such an apartment will be the same. Owners of privatized housing must pay for repairs not only of their apartment, but also of the entire house, this will also include repairs of the entrance, basement, and elevator.

In any case, even if you decide to purchase such real estate, I recommend considering only completed, already commissioned houses and premises for which certificates of ownership have already been issued. By the way, at first we were also offered only residential premises, but since our aunt refused to take risks, we agreed only to apartments with the status of “apartment”.

The offer did not take long to arrive; the realtor announced an apartment in a new building and said that the house was built by one of the most respected developers in Sochi. The house was located in the resort town of Adler, on a completely horizontal surface. We liked the location, the house itself, the decoration of the common areas, the condition of the local area and, of course, the fact that the premises had the status of an apartment.

There are many reasons for this behavior, but among the most significant it is necessary to note the complex privatization procedure. If you do not know how to register the privatization of an apartment. but if you want to do this, please contact our agency. Our specialists will provide you with qualified legal assistance, which will result in privatization for money. In this case, you will have to sit in long lines, filling out the necessary documents, since lawyers will be able to do all this by proxy.

This can be anyone who legally resides in the apartment, including minors. You must also obtain written consent from all other residents over 14 years of age. Decide with the help of which organizations the privatization will take place, or do it yourself by contacting the Single Window.

Before doing this, make sure that your house is on the city’s balance sheet, otherwise you will have to carry out this procedure through the court, which will recognize your ownership of the premises by approving the transfer agreement. Be aware that in order to carry out the privatization procedure, all future owners must be present in person.

From the point of view of legislation, the privatization of apartments or other real estate is the process of transferring state property into private hands, in particular to one or more owners who live in a given residential area and have not exercised the right of privatization earlier. The privatization of apartments and other housing began in Russia during the period of reforms, after the events of the 1990s, and became widespread.

where to begin? if she is not his property, then I don’t have to wait 6 months and inherit? And also, he has a car, and his cohabitant’s son is registered there with insurance, so that means the car is also mine? and if he gave him a general power of attorney for the car, then what? I don’t really know yet and I don’t have documents for anything in my hands yet, I’m just going to go pick it up from her, I only have a death certificate, but a will

Certified cadastral engineers of the Ramensky branch prepare the documents necessary for submission to the cadastral registration authorities and registration of ownership rights to real estate: a boundary plan of a land plot, a technical plan of a capital construction project and an inspection report. The Ramensky branch of the Moscow Regional BTI operates on an extraterritorial principle, i.e.

Will the rental fee increase and will it not be equal to the amount of the owner's tax? 4.Both the owner and the tenant pay for the current repairs of the house. The owner is also for major repairs. Will there be a skew in payment for the current one (increased for the tenant in relation to the owner)? 5.Now there is voluntary home insurance.

Law Club Conference

The time is approaching - March 2013 - the deadline for the end of free privatization. Please tell me the solution to the problem. It is necessary to ensure that the sick father does not have a share in the apartment, since he cannot draw up a will. And the future prospect of probate courts with his brother. which has never been seen is frightening. Two thoughts came to my mind. Discharge my father from the apartment, privatize without him.

Citizens living in municipal or state housing and planning to privatize it should take into account that redevelopment or refurbishment carried out in their apartment can significantly increase the time of this procedure. If redevelopment or reconstruction work has been carried out in the premises subject to privatization, then the results of such actions must be documented and correctly recorded.

What documents should be on hand if the apartment is privatized

In the window that appears, you must fill out the form using the following algorithm:

1. Type – an extract of registered rights to real estate with publicly available information.
2. Enter all information on the object of interest.
3. Select the option for receiving information: by mail in paper form, through the territorial privatization department, in electronic form.
4. Entering information about the customer. Here you should indicate who the applicant is, write his last name, first name, patronymic, passport details, and also put a tick next to the box indicating consent to the processing of personal data.
5. The next step requires attaching scans of documents. First you need to select the type of paper: it can be a passport or a power of attorney.

Those who are registered as in need of living space may not have time to exercise their right to privatize an apartment. After completing the housing privatization procedure, owners can freely carry out transactions for the purchase and sale of property, as well as transfer it by inheritance. Where can I get information about housing privatization? The easiest way to obtain such information is to request Rosreestr.

What does a document on privatization of an apartment look like?

Since 1991, every person has the right to privatize municipal housing, which is provided to him for use. We have already talked about how to go through this procedure correctly.

But what document will confirm that the apartment has indeed been converted from state property to private property and will give the new owner the right to carry out legal actions with it? This is exactly what will be discussed further.

What documents confirm privatization

There are three main documents that are indisputable evidence of the conversion of state property into private property:

1. Privatization agreement. We described in detail how this agreement is drawn up here. It is this document that is the basis for completing the legal fact of a real estate transaction. In order to declare a procedure illegal, it is the contract that is challenged. However, having only this document in hand, you cannot make any property agreements with the residential premises.
2. Extract from the Unified State Register of Real Estate. This document is of a notification nature; having only this document in hand, you cannot make real estate transactions and register in it. You can obtain a certificate from the registration chamber.
3. Certificate of registration of ownership. It is this document that is considered the main one after completing the privatization procedure. Having it, you can sell the apartment, donate it, leave it as an inheritance and perform any other legal actions.

It is on the third document confirming privatization that we will dwell in more detail later.

Order and procedure

After the application for privatization has been submitted, consent has been received from the municipal authorities and the corresponding agreement has been drawn up, you need to obtain a certificate of ownership of the purchased apartment. To do this you need:

1. Come with a package of documents to the regional office of Rosreestr.
2. Write an application to register a real estate transaction and enter information about it into the register.
3. On the day specified by the registrar, come to the office of the institution.
4. Receive your certificate of registration of rights against receipt.

You can apply for the main document for residential premises not only at Rosreestr, but also at the nearest branch of the MFC.

Statement

The application form will be provided to you at the Rosreestr branch absolutely free of charge, but if you want to familiarize yourself with it in advance, we provide you with this opportunity.

Required documents

The application must be accompanied by:

• owner's passport;
• real estate privatization agreement;
• technical documentation for the apartment;
• receipt for payment of state duty.

If you receive a certificate of ownership of a minor, then you must also provide the passport of his legal representative. You can read more about the privatization procedure with the participation of minors in this article.

Expenses

Article 333 of the Tax Code of the Russian Federation establishes that in 2021 the state fee for registering the right to own real estate is 2,000 rubles. You can pay it at any bank branch in cash, through a terminal with a bank card or via the Internet. The main thing is not to forget to provide a receipt to Rosreestr.

What to do if the certificate is lost

If you have lost or stolen the most important document confirming the certificate of ownership of a residential property, then the first thing you need to do is submit an application to the Registration Chamber (in free form) for a ban on making changes to the register of data about your apartment.

It would also be useful to write a statement to the police about the theft and to the court about limiting the possibility of transactions in relation to the plaintiff’s property. This will protect you from possible fraudulent activities.

Then you can begin to restore the certificate

Need a lawyer

In general, the procedure for restoring a home ownership certificate can be entrusted to a professional lawyer who will collect all the documents, draw up the necessary statements (to the police, court) and accompany the entire process. This will significantly reduce your time and moral costs.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Where to carry documents after privatization of an apartment

Citizens living in municipal apartments under social tenancy agreements have the right to privatize them, in accordance with the Law of the Russian Federation No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation,” that is, to become home owners and register their ownership rights. Everyone can do this only once in their life, and children who participated together with their parents will be able to exercise their legal right once again after reaching the age of 18.

Electronic Moscow

The condition for registration is the consent of all adults and minors over 14 years of age living together in the family.

The premises can be transferred either into common ownership or into the ownership of one of the jointly residing persons. Regarding registration of privatization of residential premises in Moscow, you must contact the “one window” service of the district departments of the Department of Housing Policy and Housing Fund (UDZhPiZhF) of the city of Moscow.

First, let's touch on this issue a little.

This will be useful for those who still have doubts and are not sure about the need to register an apartment as their property. Then we will talk about what documents are needed for the apartment. What the term “privatization” means has long been known to everyone.

Most city residents have long understood its positive aspects and entered into an agreement to receive housing as their personal property.

After registering the ownership of privatized housing with the Office of the Federal Service for State Registration, Cadastre and Cartography (a package of documents for registration of rights can be submitted to the MFC), you will receive the following documents:

1. agreement for the transfer of residential premises into the ownership of citizens (basis document)
2. extract from the Unified State Register of Real Estate (Extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property).

The certificate of ownership has not been issued for a year now.

Privatization of housing

Sole privatization. It assumes one owner of the apartment, the rest of the participants simply live in it without the right to dispose of square meters. They provide a properly executed refusal to participate in the transfer of living space to private ownership.

If minors are registered in the apartment, they automatically participate in privatization. Theoretically, they can write a refusal, but the guardianship will not give consent to this. Joint ownership.

At all times, the housing issue has been one of the most pressing for people, because “without a roof over your head” the very normal existence of a person is impossible.

And, as in any area of ​​our life, in the field of housing relations, problematic situations and related disputes often arise. Very often, housing disputes cause people psychological discomfort and cause a whole range of negative emotions, since they usually arise between close people and often living in the same living space.

What can be achieved by privatization of residential property.

The most important and weighty argument in favor of the privatization of an apartment is that the owner (proprietor) of the residential premises can do with his property whatever he considers necessary, within the boundaries of the law.

Of course, there are also disadvantages. Such as the cost of paying for utilities: in a privatized apartment it will be more expensive than for a similar apartment in municipal ownership.

Documents on the privatization of housing include an agreement on the transfer of ownership of the apartment, a certificate of completion of the procedure issued to each person participating in the privatization.

Without them, it is impossible to complete housing transactions. Let's consider the main points of the contract and the certificate, the features of obtaining these documents. Where can I get samples? Is it possible to change items in them?

What to do if the documents are lost, and how long will it take to restore the privatization documents?

Receiving documents on the transfer of housing ownership is the final stage.

— It is known that free privatization of housing (which has been going on for 20 years) ends in March 2013. What's next? If residents of apartments and private houses can no longer purchase their homes for free, how will this be possible? How will the price of municipal housing be calculated?

— The end date of housing privatization has already been postponed three times.

According to Article 2 of the Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation,” all citizens of the Russian Federation who have the right to use this residential premises have the right to participate in residential premises, i.e. registered (“registered”) in it, including minor children.

It follows from the content of Article 37 of the Civil Code of the Russian Federation that persons who have not reached the age of majority can renounce the right to privatize housing only with the written consent of the guardianship and trusteeship authority.

We invite you to familiarize yourself with: The procedure for appealing decisions of arbitration courts diagram

The obvious advantage of owning an apartment is the ability to dispose of it: sell it, donate it, leave it as an inheritance. But there are a number of restrictions that may become an obstacle to privatization.

“Some of our compatriots are confident that it is enough to draw up and sign an agreement, take the required set of documents to the Federal Registration Service - and the state apartment will immediately and forever become your property.

The last year of free privatization of housing in Russia has begun. One of the main reasons why some apartments have not yet been privatized is disputes between potential owners. Is it possible to legally privatize housing “in a roundabout way” if at least one of them does not agree with it?

In apartments with several living rooms, before the adoption of the new Housing Code of the Russian Federation (LC RF), it was possible to change the conditions of social rent.

But there are other possibilities. Thus, in accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” state registration of property rights must be completed no later than 1 month from the date of filing documents for state registration.

During state registration, it is the administration that deals with state registration.

The technology looks something like this: You write an application for the transfer of residential premises into your ownership, on the reverse side of which there is an Agreement for the transfer of the apartment into the ownership of a citizen in the manner of privatization, which you also sign, and on the part of the administration it is signed by its authorized person.

Recently, the number of citizens wishing to privatize housing provided to them while working in government organizations, departments, enterprises, as well as during service in the armed forces has sharply increased. The excitement is explained by the fact that free privatization of housing ends on March 1, 2015.

I am the owner

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.

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 unanimous agreement, privatization was extended indefinitely.

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.

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.

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:

1. 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.
2. 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.
3. 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.
4. 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.

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What documents are issued during the privatization of housing?

Obtaining documents confirming the transfer of ownership rights is the main and final stage of privatization.

A stamped confirmation gives full rights to dispose of the apartment.

Without it, you will not be able to sell or exchange it for another option.

Upon completion of the process, you must receive and store two documents in the future:

1. privatization agreement;
2. extract from Rosreestr.

ATTENTION! Documents must be correctly drawn up and executed, and must have a seal. Errors in the design and in the specified data will make them illegal

Next, let's take a closer look at what documents are issued when privatizing an apartment.

Agreement

So, what documents are issued after the privatization of an apartment? The agreement is currently the main document indicating the transfer of housing into private ownership. It contains detailed information about the property and the participants in the process:

• exact location of the apartment, number of rooms and total volume;
• parties to the process – individuals and self-government bodies;
• information about each participant in the process;
• size of shares if a shared ownership system is used;
• a description of the responsibilities and duties of the parties;
• additional terms of the contract.

You can apply for it at the Housing Department of your area by submitting the necessary documents and paying the state fee.

The contract will be valid only if it has your signature as the owner of the apartment.

A stamp from government real estate registration authorities is also required.

In this case, you do not have to have the agreement certified by a notary - a stamp will be enough.

To conclude a privatization agreement, you need to meet several requirements:

• it is necessary to be registered in this housing;
• take part in the privatization of housing for the first time;
• obtain consent to the procedure from all citizens registered in the housing, who must participate only on a voluntary basis.

When all the documents after privatization of the apartment are in hand, the process is almost complete.

ATTENTION! If the agreement is not registered with Rosreestr, the transfer of rights will be invalid! However, its conclusion, in fact, is the final stage of the privatization process

Certificate

According to the decision of the Russian government, from July 2021, owners of privatized apartments will no longer be issued registration certificates. Therefore, the common question “what does the apartment privatization certificate look like?” no longer relevant.

The main confirmation of ownership is now an extract from Rosreestr. This allows you to reduce the level of fraud, because the extract makes it possible to obtain up-to-date information about real estate. Unlike a certificate, it gives precise data regarding a specific date.

IMPORTANT! Despite the fact that as of 2021, privatization certificates are no longer issued, all previously received copies remain legal. You do not need to exchange the certificate for an extract or change any data

You can use the certificate to sell or exchange real estate by attaching it to a package of documents as proof of ownership

You do not need to exchange your certificate for an extract or change any data. You can use the certificate to sell or exchange real estate by attaching it to the package of documents as proof of ownership.

Extract

The extract is confirmation that at the time of its issuance you have ownership rights to a specific property.

In our case - for an apartment.

You can obtain an extract from the Rosreestr branch, which contains detailed information about your apartment and the process of registering it. You can order a statement in both paper and electronic versions.

The real estate registration extract has similar contents as similar extracts that are often requested to verify real estate when purchasing it.

Although it does not have a validity period, it can still be called a temporary certificate, because it confirms the state of affairs only on the date of issue.

ATTENTION! To conclude any transaction, you will need to apply for a “fresh” copy from Rosreestr

Where to start privatizing an apartment

Before submitting documents to register property, you should determine the circle of persons whose rights will be respected. If the copyright holder is excluded from the list of owners without personal consent, he can go to court to cancel the procedure.

Circumstances under which the right to privatization is determined:

The consent of neighbors in a communal apartment and the person who previously exercised the right of privatization is not required.

Further steps to obtain a certificate of ownership are preparing a package of documents, signing an agreement with the municipality and registering it with Rosreestr. After privatization is completed, each owner receives the right to dispose of property in the shares allocated to him.

Where can I apply for housing privatization?

The privatization process should begin with the preparation of the package of documents listed below. You will also need to conduct an examination of the housing and correctly draw up an application. Applications are accepted at the housing department at the management company (founding company), HOA (homeowners' association) and through the MFC in the “My Documents” section.

Once the privatization agreement is in hand, you can begin registering ownership. The final stage of privatization is handled by Rosreestr at the real estate address. All information is entered into the Unified State Register of Real Estate, and the owner receives a housing certificate.

Documents required in individual cases

The list presented above is not exhaustive. So, in some cases, the list of documents required for privatization may change significantly. Let's look at the most common situations.

With registered children

Apartments in which minors are registered or live are often privatized. Usually no difficulties arise, but in some cases you will have to obtain the consent of the guardianship authorities.

The package of documents will need to be supplemented:

• birth certificate;
• decision to appoint a guardian;
• permission for privatization from the guardianship authorities.

In modern legislation there is a direct prohibition on the refusal of children to privatize, however, in exceptional cases, guardianship authorities will be able to support the decision to refuse to privatize an apartment for minors. For example, if the child already owns decent housing.

When drawing up all applications, children over 14 years of age fill them out themselves, and their legal representatives only certify the signature. If children are under 14, their rights are ensured by their parents or guardians.

For official housing

The greatest difficulty for free access to property is the privatization of official housing. Often you have to go to court in order to confirm your right to privatization.

The following must be attached to the main list of documents:

• rental agreement for office housing;
• employment contract (or confirmation of its termination);
• court decision on privatization;
• a document confirming the transfer of real estate to state registration.

If the right is used

Another common situation is that one or more family members have already exercised their right to privatization. This is quite possible, since you can only take ownership of your home for free once in your life.

For example, if a spouse has already participated in the privatization of an apartment before marriage, then he cannot apply for the privatization of his wife’s housing. In this case, it is necessary to provide a certificate of participation in privatization. You can get it at the BTI by presenting your passport.

The exception is the situation when a citizen used the right before reaching 18 years of age. For example, when parents privatize an apartment.

In this situation, the right is renewed. Having reached the age of majority, a citizen can use it again.

Opting out

If one of the people registered in the apartment, for one reason or another, does not want to participate in privatization, then he must issue a written refusal. This document must be drawn up and certified by a notary.

In the case when such a refusal is formalized, the person reserves the possibility of privatizing other housing in the future, retains the right of lifelong residence, and the share due to him in the apartment is divided among all other participants in the procedure.

Example. The Titov sisters, Anna and Maria, remained living in a municipal apartment after the death of their parents. Anna expressed a desire to privatize it, sell it, and use the proceeds to buy housing for each sister of a smaller area. Maria was against it; she did not want to waste her right to privatization. Then she went to a notary’s office and drew up a refusal to privatize the residential premises. She gave a copy of the document to her sister, who attached it to the package of documents when contacting the municipality. So Anna became the sole owner of the apartment and changed her mind about selling it. She tried to evict her sister through the court, but this demand was left unsatisfied. The judge explained that a person who voluntarily refused privatization has a lifelong right to live in an apartment. Anna, in order to leave her sister, nevertheless sold the apartment.