Can a minor child participate in privatization a second time (in different apartments), Moscow

Home / Housing disputes / How many times can you participate in privatization

The state gives the right to obtain housing completely free of charge and legally. No, we are not talking about buying and selling or renting an apartment. There is a very profitable and simple procedure called privatization. But at the same time, the right to receive housing has a number of restrictions - a person can take advantage of the attempt to privatize an apartment or house only once in his life.

True, there are exceptions here too, to which close attention should be focused. How many times can you take part in the privatization of residential premises? Who can take advantage of a second chance? We will talk about this below in detail.

Is it possible to participate in privatization a second time?

Let's start with the fact that privatization is available to any capable citizen of our country.

The number of attempts is limited - the applicant has the right to privatize an apartment once in his life (Article 11 of Federal Law No. 1541-1 “On Privatization...” dated 07/04/1991). This means that repeating the procedure with another municipal housing will become impossible - the person will simply be denied registration.

The question arises: is it possible to bypass this restriction and take part in privatization a second time? It is possible, but only if there is a good reason. For example, due to the deprivatization of residential premises, this is a forced process, the reverse of privatization. Or, simply, declaring the deal invalid and returning previously privatized housing to the city . Such a procedure is possible only through the court and if there are serious grounds. Let's analyze the life situation.

Example: The Sokolov family occupied a municipal apartment for 7 years. Subsequently, the residents decided to privatize the housing. The procedure was successful, but during the process the interests of one of the family members, a minor, were violated. Violations were identified jointly with the guardianship authorities after the completion of the transaction. But this did not stop the head of the family from filing a claim in court to declare the privatization invalid. The demand was satisfied, since it was established that the child did not receive his due share in the apartment. The apartment was deprivatized, and all members of the Sokolov family received the right to participate in the transfer of housing ownership for the second time.

The example clearly shows that despite the exhaustion of the attempt for free privatization, people received a chance to participate in the procedure again. Does this mean that such a right is available to everyone? Of course not!

There is also the opposite situation - say, if privatization was carried out according to all the rules, but the citizen decided to return the apartment to the state of his own free will - this is deprivatization , the attempt is considered used. A person will not be able to use the right to the procedure a second time. Therefore, you need to approach the procedure wisely, calculate taxes in advance and plan the further disposal of your housing.

Step-by-step algorithm

When carrying out the procedure, it is important that the stages of action are followed.

The basis for privatization is the writing of an application from a tenant of a social rented apartment. The document is drawn up by the parent for the child.
A package of documents is being collected.
You must go to the local administration and submit a package of documents to a special commission.
Review of the package may take some time.
A contract for obtaining ownership of the property is being prepared.
The agreement is signed by all participants in the procedure.
Applying to Rosreestr for the issuance of a certificate. The child also receives a similar document in his name.

Cost and benefits

Children who for any reason were left without parents have the right to participate in privatization. The guardianship authorities undertake to monitor how the transaction proceeds , and the state provides this category of persons with the opportunity to prepare documents related to the privatization procedure free of charge.

At the same time, it does not matter at all that the guardian is involved in processing such a transaction. It is paid for at the expense of the municipality.

Documentation

Special attention should be paid to the formation of a package of documents . It will include the following papers.

Social rental agreement for real estate as confirmation of the legality of privatization.
Statement of desire to participate in privatization.
Technical documentation for the apartment.
Her plan.
Cadastral passport.
Certificate stating that participants are exercising their right to privatization for the first time.
Power of attorney if the tenants are represented by a person.
Birth certificate and passports of all privatization participants.
Copies of the above documents.
Certificate of persons registered in the real estate.
A copy of the death certificate, if the deceased person previously lived in the property.
A certificate from the management organization confirming that there are no debts on utility bills.
Refusal to participate in privatization, which is certified by a notary office.

Additionally, other papers may be provided that are important for the procedure.

Deadlines

Officially , privatization is carried out within two months from the moment you submit documents to Rosreestr . However, in practice, the deadlines increase significantly several times, due to the complexity of processing transactions, the need to deliver any documents, and so on.

In itself, the extension of the privatization period is due to the fact that the number of citizens of our country has increased due to the annexation of Crimea, which means that government agencies need more time to consider each case in detail.

Exceptions

So, the right to re-privatization in 2021 belongs to persons who challenged the first procedure in court and achieved its cancellation. In addition, a number of citizens have the right to re-participate in the procedure. It doesn't matter whether they refused the previous operation or not.

List of exceptions:

Minors (under 18 years old)

They can always take part in the privatization of an apartment a second time. The main condition is the right to such a transaction. Conventionally, if a child participated in the procedure for the first time together with his parents, and after reaching 18 years of age wants to re-register ownership of a new home, he cannot be refused. We remind you that residential premises transferred to citizens on the basis of a social tenancy agreement or warrant are subject to privatization.

Lost housing

This includes persons who have lost privatized housing due to man-made disasters, natural disasters, terrorist attacks and other unfavorable factors. If those who have lost their housing have nowhere else to live, they have the right to repeat the procedure, but in a different apartment.

And again a life situation.

Example: Gladenko V.A. lived in municipal housing under a social tenancy agreement, and then privatized it. But soon misfortune struck the region - the house in which Gladenko’s apartment was located was destroyed by a mountain landslide. The man himself was not injured, but lost some of his belongings and housing. The state provided assistance to the victims - in particular, Gladenko received compensation. At the same time, the man was allocated a municipal apartment in a neighboring city on the basis of a social tenancy agreement. After living there for a couple of years, Gladenko applied for the privatization of housing - again. The man justified his actions with a document about the loss of the previous re-registered housing due to a man-made disaster (landslide). The application was granted and Gladenko was able to complete the privatization of the municipal apartment. Thus, the repeated attempt to transfer public housing into ownership was an exception to the general rules, but was fully justified and legal.

Those resettled from the North and former republics of the USSR

An important condition for the last category is to return previously privatized real estate to the former owner (the municipality). In return, the state will allow you to use the repeat procedure completely free of charge. However, if the privatized housing has already been sold, donated or bequeathed, secondary registration will become impossible.

Participants of the paid procedure

There are two types of privatization: paid and free. Citizens of our country have the right to use the free procedure once during their lifetime. For comparison, paid privatization is not limited to attempts - if you have money, you can buy municipal housing at its cadastral value. Participation in a paid transaction does not cancel an attempt to re-register a living space free of charge.

Do citizens under 18 years of age participate in property registration?

Children who have not yet reached the age of 18 are considered minors.

And in accordance with Russian legislation, it is an eighteen-year-old citizen who has the full range of rights and bears the corresponding responsibilities. Civil Code, namely Art. 21 notes that at the age of 18 a person has full legal capacity.

How to include children in the procedure if they were not included before?

Attention! The basis for a child to be included in the privatization procedure is registration.

If he is registered in the apartment, then the child can participate in the procedure even if he is not officially registered in the apartment, but lives on a permanent basis.

The Family Code states that children must live with their parents . If there are no such legal representatives, they were deprived of parental rights or died by tragic accident, other guardians are assigned to the child.

The child must be registered in the same property with his legal representative. If mom and dad live in the same premises, are registered in it, and accordingly, the child is also registered in this real estate, then a child under the age of 18 has the right to participate in the privatization of such real estate.

If the child is not registered, if the parents are divorced or registered in different premises, then, accordingly, the child is registered with one of the parents. If the privatization of real estate in which the parent is registered is carried out, but the child is not registered, then the child does not have the right to participate in such a procedure.

How many apartments can one person privatize?

Federal law allows one person or several people to re-register an apartment at the same time. The first case is registration of housing in sole ownership, and the second - in shared ownership. This begs the question, is it possible to privatize an apartment for one person if he already owns another property?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

It is impossible to answer the question right away - there are many examples of both approval and refusal by the authorities. General rule: privatization applies to one residential premises, and if children are involved in the procedure again - to a second housing or a share in it .

Tenants of municipal housing under a social tenancy agreement can privatize an apartment provided they have not participated in the procedure until now. Consequently, any refusal to privatize, even if a person has other housing, will be unfounded.

But on the other hand, if a person has personal property, but still lives in a municipal apartment and wants to register it as his own, this is a reason to terminate the social tenancy agreement. Such cases do occur and the administration’s actions will be considered justified. Especially with a shortage of social housing for low-income categories of the population. Naturally, if the contract is not terminated and the employer applies for privatization, he is unlikely to be refused.

What kind of housing cannot be privatized even for the second time?

Before you become a home owner, you need to know its status. It is quite possible that the apartment cannot be transferred to individuals - it will not be possible to register it as private property even if you try again.

It is prohibited to privatize:

service housing (with a number of exceptions);
dormitories;
housing located in closed towns (for example, military);
emergency facilities.

The last three categories are not subject to free privatization in any form. Service apartments, although rarely, are privatized. The main condition is the consent of the owner of such housing. For example, if the department gives the go-ahead, an employee of the organization will be able to submit documents for the transfer of a company apartment. But, we repeat, only with the consent of the department and only if there are compelling reasons.

How to take part in privatization again?

The first participation in the procedure does not cause any particular difficulties, especially since we have already described the step-by-step algorithm in our previous articles. You can check out:

“How to privatize an apartment, housing?”

“What documents are needed to privatize an apartment?”

“How to privatize land under a private house?”.

Re-privatization is not much different. The main thing is to adhere to the established procedure and provide a complete package of documents. Let's start with step-by-step instructions.

Order and procedure for re-privatization

Those wishing to take advantage of the second chance to privatize an apartment or housing must do the following:

Prepare documents for participation in the free procedure, incl. confirm that resubmission of the application is justified.
Contact the MFC office.
Write a statement to the local administration.
Wait for approval from the authorities.
Sign the apartment privatization agreement
Complete the procedure by registering ownership in the MFC or Rosreestr.

Thus, the procedure practically coincides with the algorithm for privatizing housing for the first time. Particular attention should be paid to the second stage - the evidence provided determines whether your application will be approved or rejected.

Documentation

The submitted documents can be divided into two categories: application + title documents for real estate, as well as evidence of legal participation in privatization for the second time.

The package of documents includes:

Russian passport - for adults, and children provide a birth certificate;
documentation for the apartment - in particular, the registration certificate (a copy is sufficient);
a document confirming the right to transfer living space into private ownership - a social tenancy agreement or a warrant (for old apartments);
extract from personal account(s);
permission for privatization - housing should not be withdrawn from circulation;
written statements from all participants;
a refusal certified by a notary, if not all residents agree;
extended extract from the house register;
confirmation of legal participation in the procedure for the second time (certificate of minor age at first participation, certificate of membership in the category of residents of the Far North, certificate of participation in a paid housing transaction, etc.);
other documents upon request.

The above documents are annexed to the application to the administration. Look for a sample, form and form in the article “Application for privatization of an apartment, residential premises.”

Registration of re-privatization

It works as standard, there are no differences . The only thing is the basis. Citizens have the right to carry out gratuitous (free) privatization or purchase state real estate.

The second option is available to everyone; it is not lost due to a previously performed procedure. Paid privatization means a person's participation in auctions organized by local authorities. The winner will be the buyer who quotes the best price.

Set of documents required for privatization:

· social tenancy agreement;

· registration certificate of the premises (issued by the BTI), or perhaps a cadastral passport (issued by the Cadastral Chamber);

· citizen’s statement – where he expresses his intentions to register living space;

· personal documents – the applicant’s passport, for married people – their marriage certificate;

· extract from the house register/passport office (reflects a list of all registered persons);

· personal account statement;

· housing and communal services certificate – no utility debts;

· BTI certificate - that the citizen has not previously carried out privatization;

· USRN extract (given by Rosreestr).

If a minor is involved in the transaction - written approval of guardianship . There are other registered residents in the apartment - their written refusals certified by a notary.

Procedure:

1. The initiator of the procedure gathers the remaining residents and notifies them . If they refuse, everyone must put it in writing. The document, after being certified by a notary, is handed over to the interested party.

2. There is a child among the residents - visit the local guardianship authorities . Explain to the employee the situation and your intentions. If the initiator is a parent, he will include the minor among the participants in the procedure. Guardianship will approve if the transaction ultimately improves the child’s existing living conditions.

3. Assembling documents . Their list may change depending on circumstances. The finished kit is supplemented with a receipt of paid state duty.

4. Submit the application and other documents to the MFC branch or local privatization department.

5. Wait for the decision of the responsible authority. Then obtain the owner's certificate.

As a result, the initiator of the procedure will become a full-fledged owner.

Nuances of the procedure

Re-privatization has distinctive features. Before collecting documents and declaring your rights, lawyers recommend that you familiarize yourself with the following nuances. For convenience, we highlight them in a separate list:

Privatization of housing for the second time allows for the allocation of shares or the registration of an apartment into common shared ownership. It is not necessary to re-register an apartment for only one citizen.
If a person has previously privatized an apartment, tried to sell it, but failed, a repeat procedure will be impossible. But nevertheless, the citizen will be provided with new housing from the state on the basis of a social tenancy agreement.
Participation in free privatization is allowed if a person already has separate housing. For example, an apartment under a purchase and sale agreement, received as a gift, by inheritance. The chance for free privatization of housing from the state is not going away.
If a person has the right to re-privatization, this does not mean that the procedure must necessarily occur. You can write a refusal to privatize if, say, a person intends to transfer ownership of another municipal facility.
It is prohibited to transfer your right to re-privatization to other persons if the latter have already taken advantage of their attempts. It is allowed to draw up only a notarized refusal.

So, we figured out that you can participate in free privatization only once in your life. The paid transaction is not limited by the number of attempts, since this is a purchase of housing from the state. Minors who have lost their housing as a result of disasters and residents of the northern regions of Russia have an inalienable right to re-privatization. If you voluntarily return your housing to the state, your attempt will not be returned. And if privatization was challenged in court, the re-registration will remain. The third and subsequent attempts at the real estate procedure are impossible.

Privatization of an apartment is considered simple only on paper.
The reality is much more complicated. Often, residents have to run around the authorities and collect a lot of certificates, and it is not a fact that the transaction will be approved by the administration. There are also refusals to privatize housing. Often unfounded, but affirmative. Applicants need to prove that they have retained the right to re-privatization. How to do this, how to confirm, where to contact? The answers to these and other questions are provided by the lawyers on our site. Consultations allow you to understand the problem, understand how to proceed further, is the right to privatization available? If you have questions, ask a lawyer by phone or chat. And then you won’t have to listen to refusals, delve into laws, or contact your friends. Legal advice saves your time and nerves! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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