Privatization of housing in 2021

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Author Sergey Novoselov Reading time 12 min. Published 08/12/2019

State duty for registration of rights under a privatization agreement

We have privatization through the courts. Apartment from the Ministry of Defense. Two people participate. The refusal is that we paid 500 rubles.

But you need 1000. Is this correct?

Clarification from December 31, 2021 - 00:53 The state fee for registering the right to privatization (we have not an agreement, but a court decision, since the apartment is from the Ministry of Defense) in the amount of 1000 rubles, is divided among all participants or does each pay 1000? We were refused, the documents were returned, allegedly we have to pay 1000 from each because of a court decision. Is this legal?

Answers:

1) rights of common joint ownership in the amount of 1000 rubles. (regardless of the number of participants in common joint property);

2) a share in the right of common ownership arising from the moment of state registration, in the amount of 1000 rubles, multiplied by the size of the share in the right of ownership. For example, in the case of privatization of an apartment by two owners into equal ownership, each owner must pay a state duty in the amount of 500 rubles. (1000 rub. x 1/2 = 500 rub.).

Thus, each individual participating in privatization must pay a state duty in the amount of 1000 rubles.

Update from December 31, 2021 - 02:51 If there is an official refusal, then you will have to pay again, alas (clause 4 of article 333.40).

Clarification dated December 31, 2021 - 02:53 But it is better to clarify this issue with the registration authority.

How much is the state fee for registering ownership of an apartment in 2021?

The emergence of property rights in 2021, as before, is subject to state registration. Registration of ownership of an apartment is carried out by the state body of the Federal Service for State Registration of Cadastre and Cartography (Rosreestr). It is interesting that starting from 2019, an applicant can submit documents for state registration regardless of the locality in which he is located. So, while in Nizhny Novgorod, you can easily submit documents to register an apartment, for example, in Khabarovsk or any other city.

State duty for privatization of an apartment

A citizen receives full right to dispose of his real estate, including its sale. donations. inheritance.
Evicting residents from a privatized apartment for debts if it is their only home is impossible, unlike municipal real estate.
The owner of privatized property can add or remove any citizens from it at his own discretion.
Your own apartment can act as collateral when receiving a bank loan under an agreement.
The homeowner has the right to carry out redevelopment in the apartment permitted by law.

Copies of passports and birth certificates of all persons registered in the apartment, each page of which is made on a separate sheet on one side.
A copy and original of the registration certificate for the apartment, issued through the BTI.
A copy and original of the discharge sheet from the order or order for housing.
Copy and original of the social housing tenancy agreement.
An extract sheet from the housing office's house register, which is valid only for one month.
Personal account number and its details.
Permits from the guardianship authorities, if minors are registered in the apartment.
A document confirming payment of the state duty.

How much will it cost - free - privatization of an apartment for homeowners in 2021-2019

Consulting on the possibility of privatization of housing and the necessary documents - 2019 -4000 rubles depending on the region.
Registration itself costs 10 thousand rubles, after privatization – 5000 rubles.
Representation of interests in court in the case of recognition of property rights - at least 40 thousand rubles.
Urgent (accelerated) privatization – 7–15 thousand rubles .
The cost of privatizing an apartment on a turnkey basis or by court decision is 25 thousand rubles.

Step-by-step instructions on how to privatize an apartment and where to start registration

After the expiration of the established deadlines, privatization may become paid. This means that in order to become the full legal owner of municipal/state housing, it will be necessary to pay its cadastral value to the treasury, that is, to buy the living space from the municipality/state. But given that the housing privatization program was extended several times, the authorities announced the possibility of making the program indefinite.

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Cost of privatization of real estate in 2021

An application written by hand or compiled electronically using a special template.
Applicant's passport.
Order.
A document that confirms that the applicant has not previously participated in the program.
Social tenancy agreement.
Technical passport of real estate.
Extract from the house register (if necessary).
A copy of the applicant's personal account.
Real estate cadastral passport.
A document confirming payment of the state duty.

How the original bill has changed

There are a number of significant changes to the original procedure:

you do not need to obtain the consent of neighbors who live next to you in a communal apartment;
division of joint property belonging to each owner in proportion to the total area of the housing;
in terms of the re-privatization process and payment of state fees for it.

All data on real estate that underwent the privatization procedure before 1998 is stored in the archives of the BTI. And more recent data is displayed in the above register. You can go to the Rosreestr website using the link.

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

Separately, it is worth mentioning minors who are registered in an apartment or house. The law says that such residents must participate in the procedure. Their interests are represented by legal representatives (parents, guardians or guardianship authorities).

Technically, with the consent of the legal representatives, minors can be discharged from the apartment before privatization begins (for example, by paying their share in money or purchasing them suitable other housing), but this option threatens with disastrous legal consequences.

question about state duties for an apartment

PROCEDURE FOR PAYING THE STATE FEES FOR THE STATE REGISTRATION OF OWNERSHIP OF AN APARTMENT IN THE CASE OF ITS PRIVATIZATION Sections: Taxes, taxation and tax accounting

For state registration of ownership of an apartment in the event of its privatization by four citizen-owners, one of whom is exempt from paying state duty in accordance with Chapter. 25.3 of the Tax Code of the Russian Federation, the state duty is paid in the amount of 375 rubles. 33 kopecks, reports the website taxin.ru with reference to Letter of the Ministry of Finance of the Russian Federation dated 04.04.2021 N 03-05-06-03/10 (https://taxin.ru/docs/F852C5FE5844E9BFC3257432019B48D5.html)

According to paragraph 1 of Art. 34.2 of the Tax Code of the Russian Federation (hereinafter referred to as the Code), the Ministry of Finance of the Russian Federation provides written explanations on the application of the legislation of the Russian Federation on taxes and fees. Considering that state registration of rights to real estate and transactions with it is directly related to the payment of state duties, the Department considers it possible to express its opinion on this issue.

In accordance with Art. 7 of the Law of the Russian Federation dated 04.07.1991 N 1541-1 “On the privatization of housing stock in the Russian Federation”, ownership of the acquired residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and Transactions with It.

At the same time, it should be taken into account that property, including a privatized apartment, owned by two or more persons, belongs to them under the right of common ownership and can be in common ownership with the definition of the share of each owner in the right of ownership as shared ownership or without defining such shares as joint property (clauses 1, 2 of Article 244 of the Civil Code of the Russian Federation - hereinafter referred to as the Civil Code of the Russian Federation). In this case, the right in common joint ownership and the right in common shared ownership of each of the participants in common shared ownership are subject to state registration on the basis of Art.

131 Civil Code of the Russian Federation.

Article 11 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” determines that a state duty is charged for state registration of rights to real estate in accordance with tax legislation.

In accordance with Art. 333.17 of the Code, state duty payers are organizations and individuals who apply for legally significant actions provided for in Chapter. 25.3 “State duty” of the Code.

According to paragraphs. 20 clause 1 art. 333.33 of the Code, the state fee for state registration of rights to real estate is paid by individuals in the amount of 500 rubles. Taking into account the above, when individuals privatize residential premises, a state fee is paid for state registration:

* rights of common joint ownership in the amount of 500 rubles. (regardless of the number of participants in common joint property);

How much is the state duty for privatizing an apartment in 2021?

In essence, the housing remains in state or municipal ownership, and the owner will not be able to decide its legal fate. However, the privatization procedure can solve this problem.

By visiting or calling the registration service office;
On the official website of the Federal Registration Service of Russia, check the data on its separate regional office.

premises in emergency or dilapidated buildings;
apartments in closed military camps;
living space in dormitories.

Thus, at present, everyone who wants to privatize an apartment will be faced with the need to pay a state fee, while the residential property itself will go to the citizen completely free of charge. As for the size of the state duty , since 2021 they have been established in the following amounts:
State duty for registration: features of the receipt and payment procedure

Any action related to the transfer of real estate, be it the privatization of an apartment in 2021, or private registration of ownership, is accompanied by the payment of a state fee for registration of ownership. The body in whose favor the payment is made is Rosreestr. Everything depends not only on the type of real estate, but also on the nature of the legal relationship (status of persons, what kind of agreement was concluded, etc.) Mortgages are luckier than others: the obligation to pay state fees does not apply to them (there are already many problems). There is one caveat: if the mortgage was taken out on the basis of collateral of previously purchased real estate, then you will still have to pay (and on a general basis). In addition to mortgagers, persons who are exempt from fees include the following entities:

Full name of the person who paid;
payer's residential address;
TIN and checkpoint of the registration service;
amount of payment. Must be written in both numbers and words;
date and signature of the payer.

From the above it follows that the state duty for the privatization of an apartment in 2021 and the state duty for registration of ownership rights are the same amount.
A payment receipt is a document reflecting the actual fact of fulfillment of obligations imposed on persons to the state. What is the size of the state duty for the privatization of an apartment?

Without paying the state fee, government officials will not accept privatization documents for consideration.

Preparation of extracts from the house register and personal account are prepared free of charge. However, different municipalities have their own rules, so some types of certificates require payment for registration services.

Citizens living in a communal apartment may also be refused privatization, since this property is considered a single residential premises, which means that all registered residents must give their consent to privatization.

State duty for privatization of an apartment

Separately, it should be noted that privatization is sometimes refused. If the reason is unfounded or outright illegal, you will have to sue. The state duty for such cases of a non-property nature is considered equal to 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).

Thus, if an apartment is privatized into shared ownership for 5 people, then the total expense will be 5 * 2 = 10 thousand rubles.
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If you want to solve exactly your problem, then: State duty for privatization of an apartment

The cost of a power of attorney is from 1,000 to 4,000 rubles. With this amount, clients pay for the technical work of the notary. It is issued if a person does not want to participate in the privatization of an apartment. The refusal cannot be in someone's favor, as, for example, with inheritance of property. By refusing to participate, the tenant will retain the right to free privatization.

Exceeding the amount of state duty established by law (for example, instead of the required 2,000 rubles, the applicant contributed 2,500 rubles).
The applicant was refused privatization of the apartment (for example, in the absence of residence rights).
The applicant for housing refused the government service at his own discretion.

State duty for privatization of an apartment in 2021

The procedure for returning funds is provided for in Art. 333.40 Tax Code of the Russian Federation. You can get a full or partial refund if: The Tax Code contains a list of services for which payment of a fee is required. Clause 22 Art. 333.33 of the Tax Code stipulates that a fee is paid for state registration of rights to real estate.

The privatization program has been operating in the Russian Federation for more than twenty years.

It is designed for those citizens who do not own their own housing and have not previously participated in privatization. The essence of the program is the free transfer of real estate from state to private ownership.