Partial privatization of housing: is it possible?

The situation with the free purchase of housing in Russia still remains quite difficult, given the high prices for real estate.
Often, several families (generations) living in the same residential area have complex and strained relationships. The only way out is to leave. There are often situations when residents do not reach an agreement and one of them objects to privatization. Then the question is quite logical: is it possible to privatize part of the apartment and register the share as ownership. To answer this, you need to understand the legal requirements.

Privatization of part of the apartment

1. Voluntarily or through the court, they sign an agreement on the procedure for using the apartment.
2. Determine the procedure for paying utility bills (indicating the amount that each tenant must pay).
3. They contact local authorities with an application to transfer municipal housing into communal living space.
4. They receive consent to transfer to a “communal apartment” and privatize each room separately.

This question is relevant due to the shortage of available housing purchased free of charge. The persons living in the apartment may not be on friendly terms with each other and seek to secure part of the apartment in their favor (property).

What does the law say?

Let's start with the fact that privatization in Russia is free - there is no need to buy an apartment at cadastral or market value. It is enough to collect documents, contact local authorities and register ownership in Rosreestr.

Moreover, starting from 2021, the privatization of housing in the Russian Federation has become unlimited - this is announced by the decree of the President of Russia V.V. Putin.

Now any citizen of our country can transfer municipal real estate into personal property. Previously, this had to be done before the expiration of the free privatization period.

Now the deadline has been removed completely, so there is more freedom in action.

If you want to privatize not the entire municipal housing space, but, say, one room, they will refuse you. The law prohibits the registration of individual parts of an apartment without transferring ownership of the entire property.

One option is to try changing the municipal status to communal living space . Subsequently, you can privatize a separate room in a communal apartment if it is a piece of real estate (i.e.

has a separate entrance, isolated from other rooms). But putting this into practice in real life is quite troublesome.

Housing issue: how can you privatize a share in a municipal apartment without the consent of your neighbors?

Is it possible to privatize a share in a municipal apartment without consent? Any privatization , regardless of what kind of real estate we are talking about, must be carried out only with the direct consent of all persons living in the apartment and specified in the contract.

Today, the real estate market is replete with offers , but the amounts that certain owners demand for the real estate they alienate are so great that many are convinced once and for all that they will never be able to become owners of their coveted home.

Privatization of shares: an alternative

It is impossible to privatize a share in a residential property through the court, since when considering a claim, the judge is obliged to take into account the restriction on the transfer of ownership of part of the property. But this circumstance can be implemented in a different way: since the legislation welcomes the privatization of entire housing, it would be logical to insist on dividing one municipal housing into two self-sufficient objects.

However, such an algorithm becomes impossible to implement if people have a small one-room apartment that cannot be divided in kind. Then, in fact, it is impossible to even exchange it for another municipal housing, since the exchange of non-privatized apartments does not make it possible to make any additional payment.

How can you privatize a municipal apartment in 2021?

• receipts for utility bills;
• in case of a change of surname, a certificate of change of surname must be provided;
• a certificate if a minor child has left the apartment;
• document on the death of a citizen who was registered in the apartment;
• a certificate stating that residents have not previously used their right to free privatization.

• passports of all participants in privatization and birth certificates of children under 14 years of age;
• registration certificate of the apartment from their BTI. If redevelopments have been carried out in the apartment, this technical document should reflect their legality;
• extracts from the warrant for the apartment;
• an extract from the house register, which indicates all registered citizens, as well as everyone who was deregistered during the entire history of using the apartment;
• social rent agreement;
• certificate about the condition of the living space;
• an extract from the personal account stating that there is no debt on utility bills;
• in the case of registered minors, permission from the guardianship authority, as well as an order to appoint a guardian for the child;
• if one of the residents refuses privatization, a notarized written refusal is required;
• if privatization is carried out by an official representative of the residents, he must provide a notarized power of attorney as confirmation of his authority;
• receipt of payment of state duty.

We recommend reading: How to register an apartment for another person

Summary

From all of the above, a number of conclusions can be drawn. First of all, the fact that the right to privatize a share in municipal housing is very labor-intensive and limited by the norms of the current law.

There is a main disadvantage of this situation. It consists in the mandatory need to coordinate the alienation of your share with other residents of the apartment. In addition, there is currently an overabundance of offers on the real estate market for the sale of shares in residential premises. Therefore, it is very difficult to sell the share after privatization.

When privatizing a share in a residential property, various types of problems often arise related to:

• with a registered citizen not residing at the place of registration;
• with illegal alterations of the apartment during renovation;
• the impossibility of a peaceful neighborly agreement with each other and the forced recourse to court.

In order to obtain your share of housing by force, you must have other alternative methods of dividing a single housing object, or be able to achieve approval from all, without exception, residents to participate in privatization. Unfortunately, there is no other way to solve this issue.

To minimize your trips to numerous government organizations and save nerve cells, it is wiser to turn to specialists who, on a paid basis, already having extensive experience behind them, will help you privatize a share in a residential property in 2021. Still, there are pressing issues, the urgent solution of which should not be skimped on.

Remember, when dealing with the issue of allocating your share in a shared apartment: it is better to have a part of the whole than to have nothing!

Privatization of an apartment is an inalienable right of any citizen of Russia. However, it is not always possible to agree with other residents that the property will be registered as ownership. Is it possible to privatize only part of a municipal apartment and how to do it - read this article.

Is it possible to privatize a share in an apartment?

1. Study the most important aspects of this issue in advance.
2. Decide on the housing ownership mode (shared or joint) in order to avoid paperwork and costs in the future.
3. Try to reach an agreement with the rest of the interested parties on the conditions of cohabitation and the size of the shares of each owner.
4. Take into account the obligation to respect the rights of minor residents.

If a decision is made on shared privatization, a mandatory condition is the allocation of a share to a minor. Otherwise, when contacting the guardianship authorities, consent will be refused, which will hinder the privatization procedure. At the same time, minors themselves cannot refuse privatization, like other residents.

We need a share - let's go to court

Dividing a personal account through the court can make life easier for most citizens. This will give you the automatic right to register ownership of your part in the apartment.

Expert opinion

Soloviev Viktor Yurievich

Lawyer with 7 years of experience. Specializes in criminal law. Legal expert.

It should be understood that when going to court with a request to divide a personal account, you will need to understand the presence of certain difficulties, such as:

1. It is mandatory to have at least two, separate and completely isolated from each other, rooms. After all, the division of a personal account is associated with the need to provide each citizen with an independent and completely separate living space.
2. A walk-through room or part of a room deprives residents of the hope of dividing their personal account, since there is no way to isolate and separate a separate object.
3. When the footage of each room is less than the established norm (the norm is determined by the local government), then the division of personal accounts will not occur. There is an exception here: when a child is the reason for this excess of the footage standard.

These three difficulties must be taken into account by the judge in the process of considering the claim.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .

Is it possible to privatize part of a municipal apartment?

On the same topic. Is it possible to privatize a room in a 3-room municipal apartment without the consent of one of the 3 tenants? The fact is that one of the tenants found out about the privatization of one room after the fact, i.e. 2 separate accounts arrive, one municipal, the other privatized.

Yesterday a court was held to cancel privatization and include a minor child among the owners of the apartment, with the allocation of 1/2 of the apartment's share to him, due to the fact that the child's mother, before privatization, signed her minor son out of the apartment and privatized it for herself. So, the court did not satisfy the child’s demands, due to the fact that the child’s mother stated that if she had known that the child would participate in the privatization, she would never have privatized the apartment. What to do?

Privatize a share in a municipal apartment

The area of ​​living quarters in the communal apartment is added, and then the amount must be divided by the area of ​​the room that has been privatized. The value that came out will be the value of the share belonging to the new owner in the commonly used premises. All calculations performed must be certified in writing, with the signatures of other citizens living in the communal apartment.

We recommend reading: How to sell an apartment if a child participated in the privatization

The specified premises treat each of the tenants equally, the procedure for their operation must be approved on the terms of the concluded agreement, a certain mutual agreement. What happens if a tenant privatizes one of the rooms? A certain share of the previously mentioned common areas must also be allocated.

Is it possible to privatize an apartment (share in an apartment) without consent?

1. The first way, as the easiest, is to find a compromise with those who oppose the implementation of this legal right of other registered people. This may be to find a joint solution through negotiations or the selection of other housing options to which the dissenter can move.

Hello, I live abroad, but am registered in Russia. The stepmother and her son privatized the apartment without me. In turn, I do not want to privatize the apartment, or rather, for the property to pass into their hands. Can an apartment be privatized without my consent?

Privatization of a share, part in a municipal apartment

1. Preparation and sending of documents to the local administration or the State Budgetary Institution “My Documents” (MFC).
2. Drawing up an application for privatization of a municipal apartment (entirely).
3. Signing an agreement for the transfer of housing into shared ownership.
4. Approval of ownership in the Unified Real Estate Register.

Privatization means that housing will belong to both the father, mother, and child under the right of shared ownership. The size of the shares is established by agreement of the parties, but taking into account the interests of the child (if any). The rights of minors are protected by the guardianship and trusteeship authorities (CCA).

How to privatize an apartment without the consent of one of the registered

• why the tenant does not live in this premises for a long time;
• the reason for his absence is forced or voluntary;
• the person’s absence is permanent or temporary (due to moving to work, study, etc.);
• whether the registered citizen pays utility bills.

• the law does not provide for partial privatization of the apartment;
• the privatization of a allocated room in kind does not require the consent of the tenants;
• after privatization of a room allocated in kind, a person becomes the owner of a share in the apartment and rights to the room;
• The document on privatization of a share of an apartment must indicate the size of the share.

How to sell a share of a privatized apartment?

After privatization, the municipal apartment becomes the property in equal shares. Each citizen is entitled to the same area, unless a different privatization agreement has been concluded. The shares are disposed of at your own discretion. But there are limitations :

• The object cannot be exchanged or sold. Only after everyone agrees. If at least one owner is against it, the transaction cannot be carried out;
• If a decision is made to sell, co-owners have priority over other buyers.

If the owner sells a share in a privatized municipal apartment, he writes a notice or voices it orally during a meeting of other owners. Indicates the price, and then waits for their decision. If they do not agree with the cost or other conditions, an agreement is signed with third-party buyers.

Of course, having the whole is always better than having a part of it. But at the same time, having a part is much better than having nothing.

It sounds banal, but it’s quite objective! Any residential property in the hands of a specific person allows him, if necessary, to sell it, exchange it, donate it, bequeath it, etc. Property can help a person at a difficult moment in his life, with an urgent need for money.

Therefore, let's not be upset about the absence of the whole, but let's rejoice at the presence of the part. And in order to have it and manage it, you need to know how the privatization of a share in an apartment occurs in 2021.