Where to restore documents for privatization of an apartment

If the living space belongs to the state or municipality, citizens can privatize it. This gives the right to make legally significant transactions in relation to real estate. Read below in the article on how to prepare a privatization agreement confirming your right to property.

The contract for the transfer of residential property into the ownership of citizens is regulated by Art. 7 Federal Law-1541-1 dated July 4, 1991 .

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Parties to the privatization agreement

This document is drawn up in accordance with the requirements established by law. There is no general form for it, since the structure may differ in each individual case. As usual, the details of the parties are indicated at the beginning.

The parties to the privatization agreement are:

• the current owner is a state or municipal body;
• future owner - an individual or legal entity with whom a social rental agreement has been concluded.

One or more persons have the right to take part in privatization, depending on the number of people living in the residential area and the number of people who agreed to this procedure.

Citizens of any age can participate in the privatization process. Children under 14 years of age are not required to consent to participate; their parents or guardians make decisions for them . Adult citizens who have crossed this age limit must confirm their intentions in writing.

When several citizens participate in the privatization of housing at once, the size of the shares of each of them is specified in the agreement. Depending on the situation, they are equal or different in volume.

Note! The legislation allows one-time privatization for each citizen of the Russian Federation. That is, you can privatize real estate only once in your life. If the property owns an apartment, and a person wants to transfer a house into private ownership, he will be refused.

Where are documents on apartment privatization stored?

25.02.2018

1. Order an extract from the cadastral passport of housing from the technical inventory bureau . Before issuing it, the apartment must be inspected by a BTI employee.
2. Pay the fee.
3. Contact the housing registration center and write an application.
4. Get a certificate .
   The deadline for registering ownership of an apartment in Rosreestr is here.

However, not all owners of municipal real estate managed to renew this agreement.

That is why the law was extended until 2021 , which automatically expanded the number of people wishing to privatize public housing into ownership.

Good evening. Please tell me. Where can I find out about the privatization of an apartment? There is an urgent need to obtain such information, but there is no data yet. I contacted the registration chamber. At my request, they gave me a document according to which no one’s rights to the apartment were registered in the unified state register. But I still have doubts. An acquaintance said that in this single state.

The register stores information about privatizations made since 1998. It turns out that if the apartment was privatized earlier, they may not have information about it.

How then can I find out if this apartment was once privatized? Which institutions should I contact for accurate information on this issue? After all, documents must be stored somewhere after the privatization of an apartment? How to obtain a certificate of privatization of an apartment?

Features of the apartment privatization certificate

After writing an application for privatization and its consideration by the local administration, a contract is concluded. At the final stage, a certificate of registration of rights is issued. What this document looks like and what its presence gives us - more on all this below.

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Where to get a duplicate of an apartment privatization agreement

Of course, if there is no privatization agreement in Rosreestr, the administration, or the owner, this is a serious problem, since in this case the privatization agreement can only be restored through the court. This is a rather lengthy process that will take not only more time, but also more money to fix the problem.

Housing Consultant

Answer : Hello, Maria! Let's try to answer you in order. First of all, you need to decide which authority you should request a certificate from. According to the Federal Law on Privatization, since you do not know when the privatization of housing was carried out, but it was part of the property estate in 2012 , you must contact Rosreestr for a certificate. To do this, you will need to provide: a passport, an application of the established form, a receipt for payment of the state duty in the amount of 300 rubles .

Transfer into the ownership of citizens of residential premises occupied by them on the basis of social tenancy agreements during privatization

1. Failure by the applicant or his representative to provide an identification document.
2. Submission of an application and documents by an unauthorized person.
3. Failure to submit documents, or submission of an incomplete set of documents.
4. Failure of the submitted documents to meet the requirements.

Grounds for refusal to provide public services:

Privatization of an apartment in St. Petersburg: documents, instructions, deadlines and addresses

The request can be written in any form, but it is necessary to indicate the address of the residential premises. The question can be formulated as follows: on whose balance is this residential premises located and whether it belongs to military settlements or housing of protected and environmental significance.

Obtaining a certificate of privatization of an apartment

• prepare the necessary package of documents;
• submit an application for privatization to the Housing Department;
• pay established government fees and charges;
• register property rights with the Registration Service;
• obtain a certificate of privatization of the apartment.

Agreement for the transfer of an apartment into the ownership of citizens during privatization: what it looks like and if lost, how to restore it

1. Information about the property (address, square footage, number of rooms, etc.).
2. Data of the parties involved (employers and local governments).
3. Information about the participants in the transaction.
4. Information about the owner of municipal housing.
5. Information about the document on the basis of which tenants live in the apartment (Order, Social Tenancy Agreement).
6. Information on the distribution of shares (when registering an apartment as shared ownership).
7. Responsibility of the parties.
8. Conditions for the transfer of housing ownership to individuals.

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Details of registration of a certificate of privatization of an apartment

• 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.

Restoration of documents for an apartment

When restoring technical documentation, turning to BTI, the interested party faces the fact of serious financial investments. It is difficult to determine their volume, which is determined by the specifics of prices in the regions. They are installed locally and vary greatly.

Advice 1: How to restore the privatization agreement

The procedure for privatization is quite simple. After preparing all the necessary documents, you contact the housing department of your area. After a certain time, which is no more than 30 days and may vary depending on the region, you are given a privatization agreement. You sign it and submit documents to register property rights to the state registration service.

Source: https://uristsos.ru/zashhita-prav-potrebitelya/gde-hranyatsya-dokumenty-o-privatizatsii-kvartiry

Contents of the privatization agreement

In general, the document has the following structure:

1. Descriptive part.
2. Subject part.
3. Rights and obligations.
4. Conclusion.

The descriptive part contains data of the following type:

• date and document number;
• place of drawing up the agreement - indicate the region, republic, district or region;
• locality;
• data of one of the parties (future owner) - indicate his full name, place of registration, etc.);
• information about the other party (municipal or state body) - the name and personal data of the head of the organization should be indicated);
• details of the official paper, which is the basis for the provision of interests to power by the head of the organization.

The subject part of the privatization agreement describes the object of legal relations . In other words, the technical characteristics, condition, floor, address and other data of the apartment or other real estate object for which the transfer of ownership rights is being formalized are indicated.

In the next section, a municipal or state body undertakes to transfer property rights to a citizen or group of persons free of charge . As for the responsibilities of the other party, upon completion of the privatization process, the owner must independently carry out major repairs and also pay taxes. The list of rights of a real estate owner includes the ability to give, sell, bequeath and carry out other types of legal transactions.

The final part describes situations that may give rise to disputes . For example, the fate of the home after the death of the owner is indicated, etc.

At the end, the date of drawing up the document and signatures of both parties is indicated. On the part of the administration, the contract is certified by the official seal.

Before the parties sign the document, it must be duplicated. One of the copies remains with the municipal (state) body, and the second is taken by the new owner.

sample privatization agreement.

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Where are documents on apartment privatization stored?

• 1 How and where to find out whether an apartment is privatized or not: submitting an application to Rosreestr, HOA and RCC online via the Internet, state duty | Housing consultant
• 2 Obtaining a duplicate of the apartment privatization agreement: authorities, documents, deadlines, cost
• 3 Privatization Case Where It’s Stored
• 4 How and where to obtain a certificate of privatization of an apartment?
• 5 Where are privatization documents stored?
• 6 Where is the apartment privatization document stored?

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Privatization of housing is the transfer of residential premises provided to a citizen under a social tenancy agreement for personal use with the right of residence.

The following legal relations are regulated:

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

Call and solve your problem right now - it's fast and free!

The privatization procedure is carried out free of charge, and the employer receives such an opportunity once in a lifetime.

The essence of privatization is the re-registration of state property into personal property with the transfer of all relevant rights and obligations.

After the property goes through this procedure, the owner acquires the right to dispose of the property at will, for example, sell it or give it as a gift. Also, the owner can register any number of citizens in the premises.

Attention. If you have any questions, you can consult with a lawyer for free by phone in Moscow, St. Petersburg, and all over Russia. Calls are accepted 24 hours a day. Call and solve your problem. It's fast and convenient.

In addition, he will be required to maintain the housing in proper condition, pay utility bills and taxes.

The participants in the procedure are the owner of the home (municipal or state body) and the tenant (a citizen who has permanent registration in this apartment). In addition to the tenant himself, all members of his family registered in the home on a permanent basis also become parties to the agreement.

During the process, a privatization agreement and signed by all parties to the agreement. The main condition for carrying out such a procedure is the existence of a social rent agreement.

Where is information about housing privatization stored?

How to find out whether an apartment is privatized or not? Information on the implementation of the privatization procedure in relation to a specific object can be obtained from a number of departments or online:

Such data can only be provided to those persons who have compelling reasons for doing so. The registration authority has approved a list of citizens entitled to issue such a document. To do this, you will need a standard application indicating the passport details and actual residence address of the applicant.

In the event that the home was privatized before 1998 , the information will be stored in the BTI, but when re-registering rights after this date, the request should be sent to Rosreestr .

Procedure for applying to Rosreestr

To obtain information regarding whether an apartment is privatized or not, you should first contact Rosreestr. This can only be done in two cases:

1. If the living space was privatized after January 31, 1998 , that is, before the relevant law came into force.
2. When the apartment was transferred into ownership before this date, but then became the object of transactions of donation, purchase and sale, exchange, or acted as collateral or inherited property.

Information about these points must be entered into the Unified State Register. Any citizen can receive an extract by providing a passport, a standard application and paying a state fee in the amount of 300 rubles for each object. For legal entities, the state duty is from 950 rubles .

The extract can be ordered on the service’s electronic resource or the application can be submitted in person at the Rosreestr office. A sample extract can be downloaded here: [Sample Unified State Register extract].

If such information is not available in this department, it means that the living space did not undergo the privatization procedure or was privatized before 1998 and did not take part in any other transactions.

Receipts for payment of housing and communal services as a source of information about privatization

A receipt for payment of housing and communal services can also become a source of information on this issue.

This document must indicate the type of ownership of the apartment .

If the living space is privately owned, then dashes are placed in the lines “rent” and “social rent”, and if the housing is not privatized, then the amount to be paid is written in the line.

The reliability of the information depends on the billing period for which the receipt was issued. The fact is that after the employer submits an application for the privatization of municipal housing two months pass . The same period will be required for re-privatization.

For this reason, the information indicated on a two-month old cannot be guaranteed to be up to date.

The most popular questions and answers to them

Question : Hello, my name is Maria. I want to sell my apartment, which I inherited from my mother in 2012 and has already been privatized.

I collected all the necessary documents and found a buyer, only he began to demand a document confirming the existence of privatization.

Tell me where I can get this paper, and is it mandatory when concluding a transaction? What steps should I take to complete it, and is additional documentation required? Can they refuse to register a transaction in Rosreestr without this paper?

Answer : Hello, Maria! Let's try to answer you in order. First of all, you need to decide which authority you should request a certificate from.

According to the Federal Law on Privatization, since you do not know when the privatization of housing was carried out, but it was part of the property estate in 2012 , you must contact Rosreestr for a certificate.

The procedure for drawing up and signing a privatization agreement

The responsibility for drawing up the document lies with the local administration . As a rule, its staff includes a qualified lawyer who deals with registration in accordance with the requirements of current legislation. The parties to the transaction can only study in detail all the clauses of the agreement and sign it.

The agreement on the privatization of residential space must be drawn up in at least two copies. The exact number of duplicates depends on the number of participants in the process.

Where are privatization documents stored?

14.03.2018

In order to preserve documents, the privatized organization submits information about the documents stored by it to the state or municipal archive. The state or municipal archive gives its opinion on them in the form given in Appendix 1.

Documents on privatization of an apartment: how to get and where to restore

The privatization agreement is prepared by the bureau providing the relevant services. After this, the owner needs to put his signature on it, and the agreement is sent to the Federal Registration Service. You can get it there. In this case, you need to pay a fee.

How to find out whether an apartment is privatized or not

• Contact the nearest Rosreestr office. Submit an application (if you have a passport) with a request to clarify the privatization data;
• Pay the state fee . For individuals - 200 rubles , for legal entities - 600 rubles ;
• Submit a request for information to the official website of Rosreestr.

What documents will be needed to privatize an apartment and in what order do they receive them?

The housing issue related to the privatization of housing is relevant for many citizens, most of whom are completely at a loss: where to start? The registration procedure is complicated, but using the instructions, it is quite possible to do without intermediaries. It is necessary to prepare a package of documents for the Technical Inventory Bureau (BTI) or the Multifunctional Center (MFC). The entire preparation process can be divided into five stages.

How to privatize an apartment - who has the right and the necessary documents, the cost and timing of the procedure

• birth certificate for persons under 14 years of age;
• passport of a citizen of the country;
• marriage or divorce certificate of family members;
• death certificate, if required;
• archival certificates in form No. 2 about registration from each previous place of residence to verify the fact of unused right to privatization, which are provided by the BTI;
• order or certificate of permission for privatization from OZhK;
• certificate from the BTI: a certificate-explication and a floor plan will be required;
• a cadastral passport with information about the area, volume, layout of the property, taken from the Cadastral Chamber;
• an extended extract from the house register, provided at the passport office at the location of the property;
• an extract from the Unified State Register, to obtain an extract you need to contact the MFC or the Registration Chamber;
• an extract in Form No. 3 from the Unified State Register for each privatization participant, which includes data on the availability of property owned by each of the participants;
• notarised power of attorney;
• personal account for the apartment, taken from the accounting department of the passport office;
• confirmation of payment of state duty.

List of documents for housing privatization

A certificate of refusal of privatization is obtained from a notary's office. Family members of the future owner write a refusal of privatization on a special form, which is certified by a notary and must be submitted to the housing committee when submitting an application for privatization. It is important to take into account that certification must take place in the presence of the person in whose favor the refusal is being made.

Where are privatization documents stored? Link to main publication

Source: https://russianjurist.ru/ugolovnoe-pravo/gde-hranyatsya-dokumenty-o-privatizatsii

The procedure for terminating a privatization agreement

If the owner for some reason does not want to own the property, he may insist on a reverse procedure called deprivatization.

The reasons for the deprivatization of housing can be different:

• attempts to avoid taxes imposed on private property;
• absence of expenses for major repairs, the responsibility for which after privatization “falls on the shoulders” of the owner;
• the ability to avoid division after divorce, etc.

To deprivatize real estate, you can use one of two options:

• write an application to the municipal authority to terminate the existing contract;
• privatize through the courts.

The second option is relevant when the authorities refuse the owner.

However, there are situations when deprivatization is impossible in principle. They relate to the following facts:

• one or more owners do not agree to deprivatization;
• the housing is subject to an encumbrance in the form of a lien, a pledge from financial institutions, etc.;
• privatization was carried out with the participation of a minor child (you can learn more about the nuances of this procedure from the guardianship authorities);
• the applicant also owns other real estate;
• after signing the privatization agreement, other persons are registered on the territory of the property.

Important! A citizen who has deprivatized an apartment or house will never receive it back into ownership. You can terminate a privatization agreement, as well as conclude it, only once in your life.

Privatization File Where It Is Stored

1 answer. Moscow Viewed 93 times. Asked 2012-03-10 09:02:02 +0400 in the topic “Housing Law” Tell me where the work book is kept after the employee retires: at the last place of work or somewhere else? — Tell me where the work book is kept after the employee retires: at the last place of work or somewhere else. Further

At the same time, every Russian is also given the right to carry out the reverse process, that is, to deprivatize his apartment. If for some reason a person changes his mind, then he can return the privatized apartment to the state, while he can continue to live in the same apartment as before, that is, on social rental terms. To do this, it is enough to write an application and draw up a social tenancy agreement.

Where are privatization documents stored?

The statute provides a simple concept of contract. It refers to an agreement that gives the parties responsibilities and rights. Obligations from the contract may be the following: to perform some action, transfer some property, perform some work. Rights imply the ability to demand the performance of these duties by another party. Usually, both parties have rights and responsibilities.

How to find out about the privatization of an apartment without resorting to the services of a registration service? There is a simple way to understand whether an apartment is privatized or not. Receipts for utility services always have a mark with information regarding the privatization of the apartment. Therefore, sometimes it is enough to have in hand any receipt for utility services for the current or, in extreme cases, for the past month.

How to obtain a certificate of privatization of an apartment

To obtain this certificate, you can contact the branch or territorial section of the State Unitary Enterprise “BTI of the Republic of Bashkortostan”. For example, in Ufa, in the Ufa city branch at the address: Ufa, st. Bessonova, 26 A, tel. (in Kirovsky, Leninsky, Sovetsky, Demsky districts), the northern territorial section of the branch at the address: Ufa, st. Rossiyskaya, 21, tel. (347) 277-09-65 (in Oktyabrsky, Kalininsky, Ordzhonikidze districts).

If the apartment was purchased before 1998, the privatization agreement had to be registered with the technical inventory authorities (no additional certificate of state registration of the right was issued; registration of the agreement is evidenced only by a registration stamp on the back of the agreement).

Archives Privatization - About

It is quite difficult for a person who is not familiar with the intricacies of jurisprudence to understand all the nuances of the privatization process after purchasing an apartment in Yegoryevsk, so our site is ready to suggest the main steps, at least where to start, what documents to collect, and what deadlines to be prepared for. Each person in our country can participate in privatization only once, and this right must be used wisely.

Private property also includes archival documents created in public associations from the date of their registration in accordance with the legislation of the Russian Federation on public associations, as well as in religious associations after the separation of church and state.

Regulations on the procedure for recording archival documents during the privatization of state and municipal property

10. The basis for making a decision to transfer documents of a privatized organization to a state or municipal archive if there is free archival storage space in it can be: a change in the profile of the organization’s activities after privatization, liquidation of the organization, expiration of the established storage period for the organization’s documents.

Documents of temporary storage, the terms of which have not expired, can be accepted by archival institutions of Russia recorded according to inventories, nomenclatures of files or other accounting documents. Documents on the personnel of employees can be transferred in an orderly state to a specialized archive for personnel or, in its absence, to a state or municipal archive.

Where are criminal files stored?

This fact should not affect the duration of the investigation, since the criminal case against the fugitive accused can be separated into separate proceedings, while the case against you will be sent to court at the end of the investigation. My own grandson (13 years old) stole 1,500 rubles from me.

Paradox, huh? Thank you. At the same time, you will also need copies of the marriage certificates of your mother and grandmother, since they changed their surnames during marriages, and you will need to prove to the archive employee that your mother Ivanova used to be Petrova, the daughter of the Petrov about whom you are requesting information.

Where is the privatization refusal kept?

Russian citizens have the right to privatize their apartments. This provision is outlined in the legislative act entitled “On the privatization of housing stock.” In addition to the basic principles of privatization, the regulatory document sets out the grounds for refusing such a procedure.

Answer: Article 19 of the Federal Law “On the Entry into Force of the Housing Code of the Russian Federation” provides that the provisions of Part 4 of Article 31 of the Housing Code of the Russian Federation do not apply to former family members of the owner of privatized residential premises, provided that at the time of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise established by law or agreement.

Law Club Conference

Privatization plans almost always lack an object-by-object list of property included in the Criminal Code. Such a list is contained in the assessment act of the property transferred to the management company (all property is listed, including real estate objects, indicating their value at the time of privatization), the assessment act is attached to the privatization plan. If you do not have this document, try making a request to the Ministry of State Property; I have more than once found missing documents in its archives.

The Moscow enterprise was privatized in 1992 into an open joint stock company. Now there is a need to register rights to buildings, and there are 17 of them. But in the privatization plan there is no list of them, what should I contact the BTI and the Federal Reserve System with? Can the State Unitary Enterprise make an addition to the plan, and on what basis?

Where can I get a duplicate of the privatization agreement?

To do this, you will have to contact the authorized body, which depends on the date of registration of the document.

Privatization agreements signed before 1997 are restored to the same organization that issued them . If the document was registered later , you should write an application to Rosreestr . The deadline for obtaining a duplicate is established for each of the authorities.

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How and where to restore documents for an apartment if lost

Restoring the purchase and sale agreement and other title documents drawn up after the entry into force of the law on state registration of rights (No. 122-FZ) should also not cause any particular difficulties for the owner, since when registering rights, one copy of the agreement remains with the registration authority and is stored in a special archive of files of title documents .

1. Agreements containing information about the transaction with the apartment (purchase and sale agreement, gift, exchange, rent);
2. Court decisions (if the ownership of the apartment is established by the court);
3. Certificates of the right to inheritance (issued by notaries and issued to heirs by law and will);
4. Agreement on the transfer of ownership of housing (in case of privatization of state and municipal housing assets);
5. Documentation in the field of shared construction (certificate of payment of shares, agreement of shared participation in construction).