Is it necessary to change the apartment privatization certificate to a new certificate of state registration of rights?

What is privatization and why is it needed?

Free legal consultation This term conceals the transfer of housing into the ownership of a citizen of the Russian Federation.
Until March 1, 2010, this could be done for free. The president later extended the program indefinitely. After completing the registration, you become the full owner, and will be able to donate, exchange, sell, or rent out living space, in compliance with legal regulations.

If your house is being occupied by developers, then you can argue with them about the quality of the living space provided as a replacement. The remaining residents will have to come to terms with the decision of the company, guided by the Housing Code of the Russian Federation.
The process is reversible, and if you want to transfer the rights back to the state, this can be done. This situation may arise if you want to exchange your apartment for another that has not been privatized by the owners.
Remember that all repair costs after a fire or destruction are borne by you.

Remember that property can be seized for bank or large utility debts.

Documents for privatization of living space 2021

Housing privatization remains an important problem for citizens of the Russian Federation (hereinafter referred to as the RF).
Previously, living space was the property of the state and did not belong to a private person. Over time, everything has changed dramatically. We also recommend reading the article about whether it is possible to challenge the privatization of an apartment. During the country's transition to a market economy, the Russian government decided to begin a free housing privatization process. This reduced the cost of utility services for apartments and houses, and reduced unnecessary red tape and bureaucracy with documentation. Before this, in order to obtain ownership of residential space, citizens had to enter into an official real estate lease agreement.

The deadline for completing privatization has been postponed several times in the past. It is planned that 2021 will be the last year when it is possible to complete the procedure for transferring state property to private ownership on a free basis.

The accession of new subjects to the Russian Federation (Crimea, Sevastopol) obligated the government, for newly arrived citizens, to extend the registration procedure for an indefinite period.

How does the process go, what documents are needed to privatize an apartment in 2021, what real estate is covered by the law, how to do it correctly? We will try to answer important questions.

Privatization of an apartment through the MFC in 2018: step-by-step instructions

You need to come to one of the territorial centers; it is best to do this by appointment. The choice depends on the address of your home. Next, fill out an application according to the sample that will be provided to you on site.

At this stage, it is enough for anyone registered to come and sign the paper, as well as a power of attorney (notarized) in the name of the employees of this organization, on the basis of which they can submit documents on your behalf. At this moment you need to have a social rent agreement and a passport with you.

Signatures are required for the application of all residents (registered) who have reached the age of 14, and their passports (originals).

If one of these people cannot personally participate, he can also contact a notary office to certify the papers (sample consent for privatization) delegating his powers to another family member.

As a result, you will receive a privatization agreement, which Rosreestr representatives need to issue a Certificate of Ownership - an extract from the Unified State Register of Real Estate.

List of documents for privatization through the MFC

You cannot do without bureaucracy in any matter related to government registration. We have prepared for you a complete list of documents for privatization through the MFC, which you should have with you on the day of application:

Cadastral passport of the object. It is also called the term explication. Don't get confused, they are the same thing;
Documents of all registered residents (passports, identity cards, birth certificates of children);
A certificate of registration or an extract from the house register, depending on the type of house;
Statement of your personal account;
If you changed your passport in the period from 09.1991 until the moment of registration, take a certificate of replacement;
Confirmation that the applicant does not own privatized housing;
If some citizens do not wish to participate in the privatization process, they are required to waive their rights in writing;
If one of the registered participants participated in the privatization of another object, present papers confirming this fact;

You must also present a receipt for payment of the fee.

Cost of privatization of an apartment in the MFC

The service itself is free, but you will have to pay several authorities for issuing the necessary papers. In particular, a technical passport with a plan will cost 1,500 rubles, an extract from the register will cost 500, a power of attorney and a certificate of non-participation will cost the same, and the state fee for the contract will be charged 1,000 rubles from each participant. There may be nuances determined by regional legislation.

Terms of privatization of an apartment in the MFC

The state has set the processing time to be within two months from the date of application. Holidays and weekends are not counted. That is, if you apply before the next “red days of the calendar,” you will have to take into account that work will begin only after them.

So, what documents are needed to privatize an apartment:

A statement that you intend to privatize real estate. Please note that this paper must be signed by all adult participants in the privatization process.
Passport of those who also participate in the privatization of real estate. In a situation where minor children are involved in the privatization process, their birth certificate will be required.
Technical passport for the apartment that will be privatized. You can order this paper from the BTI.
A paper that confirms your right to use real estate (social tenancy agreement, lease, purchase and sale, etc.).
Extract from the house register;
A certificate confirming the fact that the apartment has not been previously privatized;
An extract from the personal account indicating that there is no debt for utility services.

Features of privatization with the participation of children

Persons under the age of majority who are officially registered in the living space are full co-owners. They are specified in the contract. A teenager aged 14-18 already has the right to vote and may oppose the procedure. Without his written consent, parents and other relatives will not be able to become owners.

If an official refusal is issued on behalf of a minor, you will have to go to the city guardianship authorities for permission. Also, when the child grows up, he will be able to re-apply to the state for a similar service, completely free of charge.

Housing can be privatized in the name of a small citizen. Of course, with the permission of his mom and dad. It is important that the right to registration is respected.

What documents are needed to privatize a municipal housing apartment?

Let's look at the example of Tambov. According to clause 2.9. Resolution of the Tambov city administration dated June 28, 2012 N 4907 On approval of the Administrative Regulations for the provision of municipal services in the urban district - the city of Tambov, defines an exhaustive list of documents necessary for the provision of municipal services, which the applicant provides independently.

Identification documents of the employer and family members of the employer.
Application for privatization of occupied residential premises, signed by all adult family members of the tenant or a representative of these persons, or legal representatives - parents (adoptive parents), guardians, as well as minors aged 14 to 18 years with the consent of legal representatives - parents (adoptive parents), trustees , guardianship and trusteeship authorities.
Certificates of state registration of acts of civil status (certificates of birth, marriage, divorce, change of name and other documents provided for by Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status”).
Consent to the processing of personal data.
Preliminary permission from the guardianship and trusteeship authorities for the privatization of residential premises inhabited exclusively by minors under the age of 14 years or minors aged 14 to 18 years.
Application for refusal to participate in privatization (in the event of a citizen’s refusal to participate in the privatization of residential premises). If personal presence is impossible, the specified application must be certified by a notary.
Technical passport of the residential premises.
Certificate (certificate) of registration from the previous place of residence since July 11, 1991.
An agreement on the free transfer of housing into ownership, the registration of which was carried out by an authorized organization before the entry into force of the legislation of the Russian Federation on state registration of rights to real estate and transactions with it (in the case of the participation of a minor child under the age of 18 in privatization, except for the city of Tambov).
Certificate of non-use (use) of the right to privatize residential premises (for citizens living in other municipalities since July 11, 1991, except for the city of Tambov and the Tambov region).

Clarification of personal data.

When the provision of a municipal service requires the processing of personal data of a person who is not the applicant, and in accordance with federal law, the processing of such personal data can be carried out with the consent of the specified person, when applying for a municipal service, the applicant additionally submits documents confirming receipt of the consent of the specified person or his legal representative for the processing of personal data of the specified person.

The effect of this paragraph does not apply to persons recognized as missing and to wanted persons whose location has not been established by the authorized federal executive body.

Features of shared or joint privatization

In some cases, a court decision may be required to determine the share of each co-owner, or a process of transition from common ownership to shared ownership may be implemented. Such situations arise during internal conflicts, after a divorce, and under other circumstances.

The property of the spouses is joint. For others, we are talking about shared ownership. If a prenuptial agreement is concluded between them, it should always indicate the type of property. All premarital property remains personal to each of them.

Discrepancies often arise in the interpretation of the provisions of Article 244 of the Civil Code of the Russian Federation and Articles 40-41 and 44 of the Family Code. In such situations, you should seek advice from an experienced lawyer to resolve controversial issues pre-trial.

Features of military privatization

Military personnel can refer to the laws “On the privatization of housing stock in the Russian Federation” and Decree of the Government of the Russian Federation No. 512 of June 29, 2011, regulating this procedure.

It is impossible to obtain ownership of an apartment/house in a closed military town;
If the family has a child over 14 years old, permission is required from him;
The package of documents is the same as for civilians, plus certificates from the BTI.

Experience restrictions apply. You must serve at least 20 years in the Armed Forces. Also eligible are those dismissed due to length of service and demobilized for health reasons.

Privatization of an apartment in 2021: step-by-step instructions for Muscovites

To privatize an apartment in Moscow, we recommend following the following algorithm:

Step 1: Gather the necessary documents

First of all, you need to arrange the following documents:

Application for granting state;
passport ;
Passports of the applicant's family members over 14 years of age;
Birth certificates of the applicant's family members under 14 years of age;
Social tenancy agreement for a privatized apartment;
Extract from the house register;
Written consent to privatization from the applicant’s family members.

Note! In some cases, the applicant may need additional documents (for example, consent of the guardianship and trusteeship authorities).

Step 2: submit documents to the authorized body

Next, you can contact any convenient location, regardless of your area of residence.

Find your nearest >>>

Note! Applicants living alone and applicants whose family does not include minors, incompetents or orphans can submit documents for privatization in electronic form.

Step 3: wait for the decision to provide the service

Now you just have to wait for the decision: according to the general rule, the period for reviewing documents for privatization in Moscow should not exceed 46 working days.

Step 4: Get the necessary documents

At the final stage, you will again have to contact the government services center “My Documents” and receive the following documents:

Agreement for the transfer of ownership of the apartment (if privatization was approved);
Decision to refuse to provide a public service (if you were denied privatization).

Note! Concluding a transfer agreement is free of charge, but for registering property rights you must pay a state fee in the amount of 2 thousand rubles.

In what cases can it be refused and solutions

Sometimes difficulties may arise that lead to failures. In some cases, the problem can be solved by eliminating errors and violations, in others you will not be able to influence the solution in any way.

If you filled out something incorrectly or did not collect the entire package of documents;
The applicant has already privatized an apartment in another building;
The house is departmental or service, included in a special fund;
The building is in disrepair, as evidenced by specialists.

If the first point is easily eliminated, then the rest are beyond your control, and attempts to change something will be unsuccessful.

Regional municipal structures may introduce local requirements. They also differ for some subjects of the Federation, which should be known in advance.

Additional restrictions are possible, but not beyond the norms of all-Russian housing law. You can clarify them for free by consulting with our lawyer by phone:

Moscow —84957777777
St. Petersburg —88125739060
All regions of the Russian Federation -88001007010

If you believe that an employee of the multifunctional center has violated your rights or his official regulations, please notify us.

Can additional documents be required to privatize an apartment?

All documents required for privatization of an apartment/residential premises are provided in the original or in a notarized copy. The applicant is responsible for the accuracy of the information and documents provided.

When accepting an application for privatization, specialists of the authorized organization are prohibited from requiring the applicant to submit other documents other than the documents specified in the exhaustive list of the Administrative Regulations.

At his own request, a citizen has the right to provide additional documents. The list of additional documents is also indicated in the Administrative Regulations.

The authorized organization responsible for privatization may independently request other documents in the order of information interdepartmental interaction.
Such documents may be: a certificate from the Office of the Federal Service for State Registration, Cadastre and Cartography; extract from the register of municipal property; a certificate stating that the right to privatize residential premises was not previously used. Share with friends