How to deprivatize housing

Privatization is the transfer of housing owned by the state/municipality into the ownership of citizens. It is possible to privatize not only apartments, but also rooms, non-residential premises, and land plots. Non-privatized housing can only be used, while privatized housing can be sold, donated or exchanged.

Let's consider how to register ownership of a privatized apartment, under what circumstances you may encounter a refusal to carry out the procedure.

Registration of property rights

First of all, you need to go to the registration authority with an application

for the transfer of ownership of the object.

The application will need to include the following information:

• name of the authorized body;
• information about the applicant: full name, passport details, registration and residence address, e-mail and contact telephone number;
• please provide the housing privatization service at the specified address;
• an indication of the choice to send a decision on the application;
• signature, transcript and date of application.

Applicants must prepare the following package of documentation, attaching it to the application:

1. passports of procedure participants;
2. permission from guardianship officials if children are involved in the procedure;
3. a certificate of payment of the state duty (or a document that proves the existence of grounds for exemption from its payment);
4. social rent agreement or order for residential premises;
5. refusal of privatization applicants who do not want to participate in the procedure;
6. certificate of people who have the right to use housing.

The application along with the documents is reviewed within 2 months

. As a result, the applicant will receive either a negative decision or an agreement to transfer ownership of the residential property.

If the rights to the object were obtained before 1999, then they are legally valid even if registration is not carried out.

The procedure for state registration of property rights

State registration of ownership of privatized property is carried out at the location of the property both by Rosreestr authorities and by multifunctional centers for the provision of state and municipal services (MFC).

Authorized officials accept documents from the parties to the transaction that are subject to legal review , namely:

• The legal force of the title documentation is determined (privatization agreement, extract from the unified state register of rights to real estate and transactions with it (USRP).
• The form and content of the submitted documents are checked, as well as compliance with notarization.
• Compliance of the information received with the requirements of current legal norms.
• It is established that the Unified State Register contains information about the registered rights of the parties to the transaction and the presence of encumbrances on the real estate (arrest, pledge).
• The powers of a representative of one of the parties to the transaction, if any, are checked.
• Registration authorities make sure that there are no additions, crossed out words, corrections in the documents, no entries made in pencil, no damage that does not allow the content of the text to be clearly understood.
• The legal compliance of other documents that are necessary for state registration of rights is checked.

As a result, the registrar makes a decision on refusal or permission to formalize the authority of ownership, about which a stamp is placed on the application. The refusal, in turn, can be appealed in court.

State registration of the transfer of ownership is carried out within no more than 10 working days from the date of receipt of the package of documents.

Drawing up a privatization agreement

The agreement must contain data that will be entered into the Unified State Register of Real Estate:

• privatization participants and persons who refused the procedure;
• date of privatization;
• signature of a representative of the institution responsible for the housing stock and future homeowners;
• address of the residential property being privatized, its area, number of rooms;
• number of floors and other information about the property that identifies the housing.

Owners over 18 years of age sign the agreement independently or through an authorized representative. If the owner is a child aged 14-18 years, then he puts his signature on the agreement with the permission of his parents and guardians. If the child is under 14 years old, then the parents/guardians sign the contract for him.

The agreement signed by all applicants will subsequently need to be sent to Rosreestr

.

Shared ownership

Housing can be privatized for several people. The total cost becomes a fractional cost.

Necessary:

• obtain written permission from all owners to carry out the privatization procedure;
• obtain a written refusal from people who do not agree to privatization in favor of other owners (it is impossible to obtain a refusal in court - it must be voluntary, certified by an employee of a notary agency);
• obtain permission from guardianship officials to conduct a transaction if disabled people and children live in the apartment.

Privatization of a separate share of a residential property is not permitted.

Registration of ownership rights to a privatized apartment

If ownership of the object is recorded in the register, then the rights to it will be registered within 7 working days

.

Immediately after registration of rights, the contract for the transfer of an object comes into force.

If there is no data in the Unified State Register of Real Estate, then the property should be registered in the cadastral register, and then the right should be registered with the body responsible for the housing stock. After this, the transfer of ownership will be registered for the applicant.

State duty for privatization

There is no state duty charged for the privatization of a property; the fee is charged for the official registration of the transfer of ownership of privatized housing.

In accordance with Art. 333.33 of the Tax Code of the Russian Federation the amount of duty payable is:

• For individuals - 2000 rubles.
• For legal entities - 22,000 rubles.

If housing is purchased as shared ownership, then each state duty is paid by the future co-owners in equal shares (Clause 2 of Article 333.18 of the Tax Code of the Russian Federation). That is, this contribution must be paid in this way: the amount of the fee, equal to 2000 rubles, is multiplied by the size of the share of each apartment owner.

Example

Participants in the process of state registration of transfer of ownership are two minors and two adult citizens. That is, everyone has a share of ownership equal to 1/4. For those who have not reached the age of majority, the fee is paid by parents, trustees or guardians. The amount of the contribution to be paid by each person is determined as follows: 2000 × 1/4 = 500 rubles.

State duty can be paid either in cash or in non-cash form. In the latter case, the fact of payment is confirmed by a payment order with a corresponding note from the bank on its execution (clause 3 of Article 333.18 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service dated September 19, 2016 No. 3329/03-16-3).

It is important that the state fee is always paid before sending documents for official registration, since without confirmation of the fact of payment of the fee, registration will not take place.

State duty

Privatization does not require payment of state duty. You will only need to pay a fee when registering the transfer of ownership of a privatized property.

Individuals must pay a duty of 2 thousand rubles, organizations – 22 thousand.

If an object is acquired as shared ownership, then each future home owner pays a share of the fee in the appropriate amount - according to his share in the apartment.

There are 2 options for paying the state fee:

• cash;
• in non-cash form - having received a payment order with a note from the financial institution about its execution.

The state fee must be paid before the documentation is delivered to the registering institution. Otherwise, authorized persons will refuse to accept the application for registration.

Documents for registering ownership of a privatized apartment

State registration of property rights on the basis of a privatization agreement is carried out upon collection of the following package of documents:

• Statement of the established form from one or more owners.
• Documents establishing ownership of residential premises (in this case, a privatization agreement).
• Cadastral passport, which can be obtained from the Bureau of Technical Inventory (BTI).
• Extracts from the house register and personal account. Documents are issued in the departments of housing and communal services (HCS).
• Passport details of all registered citizens, birth certificates of minors.
• A receipt confirming payment of the state fee.

Additionally, you may need the following information:

• If the interests of a person are represented by an intermediary, then a power of attorney certified by a notary is required.
• Certificate of marriage registration or divorce.
• Consent of the guardianship and trusteeship authorities, if minors or incompetent citizens are registered in the apartment.

A notarized waiver may be required from persons who did not take part in the privatization.

As a result of its registration, the shares in the apartment of the refused participants will be transferred to the owner who registers the transfer of rights.

Costs and processing times

In addition to the state duty indicated above, there is no need to make other expenses, however, additional expenses may be necessary. For example, the applicant does not have the opportunity to personally participate in the procedure. In this regard, he issued a notarized power of attorney for his legal representative, paying for the services of a notary agency in accordance with the price list.

The timing of consideration of the application depends on where the applicants applied:

• when contacting Rosreestr, the result will be ready in a maximum of 2 weeks;
• the same terms apply when visiting the MFC;
• when using the public services portal, the period can be up to 17 days.

The deadline also depends on other factors - the workload of employees, the presence of queues.

When submitting documents, you must obtain a receipt from authorized persons confirming their acceptance. The receipt confirms the responsibility of a specific employee for the accepted package of documents and contains the date of receipt of the application. It cannot be lost - upon provision of the service it will be exchanged for a certificate of rights.

After the service is provided, applicants will be given a certificate of registration of rights. In it, residents will find the basic requirements put forward to the owners and to the property. This certificate will need to be provided if you wish to carry out certain transactions with housing.

How to register ownership of a privatized apartment?

Getting housing is one of the main goals of every family. Privatization is often carried out for this purpose. However, after this procedure, you usually need to secure your rights to housing. Below you will find information on how to register a privatized apartment as your property without any problems.

About privatization

Housing privatization is a voluntary, free transfer of state-owned apartments into the ownership of the citizens who live in them.

After privatization of housing, the participant becomes its owner. The former owner, represented by a government agency, ceases to have this right, due to the fact that it passes into private hands.

However, along with the opportunity to own property, a citizen also has responsibilities regarding its maintenance.

Changes that have occurred to housing must be supported by documents so that the right is secured legally.

For this purpose, certificates are issued to prove the authority of the owner.

Who will be the owner?

In the field of privatization, housing is owned by the person for whom the contract was drawn up through administrative bodies.

When privatizing housing for one person, this one person is the owner by law. He receives responsibilities for the maintenance of housing, its preservation and payment of all expenses for improvement and repairs.

In this case, the owner can dispose of the privatized apartment according to his wishes (sell, inherit, donate, bequeath, etc.).

When privatizing for two people, these owners own the housing in equal shares. These persons will have equal rights and responsibilities. Their property in this case is shared.

It is also required to obtain consent for privatization from minor children, after which they can be made co-owners.

Note: In the case when privatization is carried out for three people, each of the shareholders receives equal rights. By law, everyone receives the status of owner of a share of real estate.

The situation also occurs when more than 3 people live in an apartment.

It happens that several people are registered in an apartment, but some of them refused to participate in privatization. In this situation, they will not become home owners.

Who owns housing if it is not privatized?

The following can own a non-privatized apartment:

• municipality;
• government agencies;
• institution such as an institute, factory, etc.

The people living in the apartment are not the direct owners in this case. If they want to make changes or alienation to housing, they must coordinate their activities with the legal owner.

In most cases, non-privatized apartments are provided under social rent or another agreement.

Is privatization of housing required when it is owned?

If you buy an apartment, receive it by inheritance and get it to the owner in any other way, with the exception of transfer from the state, no additional actions will be required.

It is already the personal property of the person who acquired it.

What to do to register privatized housing?

It is important to understand that the issuance of a privatization agreement does not yet give you ownership of the apartment. You need to get it.

This procedure will require collecting the required documents. They need to be taken to the BTI department, and an employee must be called to issue a CP. This procedure at BTI takes approximately three months, but if necessary, it can be done in one business day by paying an urgent tariff.

When all the technical documents are completed, you should take an extract from the CP and a copy of the cadastral plan.

Next, you will need to visit the Housing Policy Department to obtain an application for transfer of ownership of housing. It must have the signature of the head of the given organization and a seal.