Privatization today is possible in all cities of the Russian Federation, including Moscow, the capital of the country. The functions of the bodies making relevant decisions regarding privatization are completely standard. There are usually simply no special features in their work - but if possible, before starting privatization, you will need to understand all the intricacies of the process.
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Basic moments
Relatively recently, personal property was essentially absent throughout the entire territory of the USSR. But there were many alternative ways to become a user of residential or other real estate.
It was possible to get an apartment, as well as a private house, on the basis of a social tenancy agreement. This was concluded between the citizen and state and municipal bodies.
After the union of states completely collapsed, the opportunity arose to simply buy personal property.
But for a number of reasons, not everyone had the funds to make such purchases. Privatization has become an alternative way to register real estate as personal property.
It is necessary to take into account that there are a very large number of requirements for such a procedure. You will need to familiarize yourself with all of them in advance.
The privatization algorithm is associated with some subtleties and features. A complete list of these is indicated in the NAP.
There are specialized legal regulations that define the relevant data. Preliminary study of these will make it possible to avoid the most common mistakes, as well as time delays.
What it is
Privatization is a procedure for transferring one type of property to another.
Moreover, there are a number of distinctive features that characterize this type of registration of property ownership. It is best to familiarize yourself with all the subtleties in advance.
The parties to privatization may be:
Indicators | Description |
State | represented by a specialized body or municipal local administration |
Individual | having the right to the very fact of carrying out this process |
Moreover, there are a number of extensive requirements for a citizen applying for state property. All the subtleties will need to be sorted out first.
The main distinctive features of privatization as such are the following:
- It is the state that necessarily acts as one of the parties.
- The property itself must fall under the list, the privatization of which is generally possible in itself.
Who can apply
Moreover, not all persons as such have the right to carry out the privatization process - even if they live in a particular residential property legally.
The main requirements for citizens applying for privatization today include the following:
Indicators | Description |
Availability of Russian citizenship | — |
Permanent residence | on the territory of a specific property |
Previously, privatization was not carried out by a specific citizen | — |
There is registration in the apartment | or another type of living space |
The fundamental factor is the presence of citizenship of the Russian Federation. Since the effect of the corresponding type of regulatory documents applies only to citizens of the country.
Even if the other requirements are met, but there is no citizenship, it will simply be impossible to carry out the registration process.
Another significant point is living in an apartment on a permanent basis. This fact will need to be confirmed; there are virtually no exceptions in this regard.
At the same time, exceptions are made for persons under certain circumstances.
These are:
Indicators | Description |
Compulsory military service | — |
Location in prisons | by court decision or in a colony settlement |
Shift work | in the Far North region |
Another important factor is that the privatization of residential real estate can be carried out by a citizen of the country only once.
If a citizen has previously taken part in a process of the type in question, then it will be impossible to carry out the procedure again.
But there is one exception concerning citizens who were simply minors at the time of participation in privatization.
In such a situation, the right to re-privatization arises already at the age of majority.
Moreover, it is important to take into account that if a minor citizen has the right to privatization, then it must be realized in accordance with the law.
Moreover, legal representatives must represent the interests of such person; a power of attorney is not required.
The following persons can act as legal representatives:
- parents;
- adoptive parents;
- guardians or trustees;
- government bodies that supervise a specific citizen.
Supervision over the observance of all rights of persons under the age of 18 is carried out by a specialized body - guardianship and trusteeship.
Moreover, if the right to privatization is violated in any way, it can be completely canceled in court.
The situation is similar with those who have been declared incompetent by court. Judicial practice on this matter is quite clear.
Also, a citizen applying for privatization must be registered in the apartment and also included in the social tenancy agreement.
If such a situation does not exist, it is enough to simply rectify the situation by contacting the relevant government agencies. It will be possible to include virtually any citizen in a social tenancy agreement.
Situations often arise when, for some reason, it is simply not possible to independently carry out all the procedures necessary in this case.
In such a situation, the optimal solution is to contact a trusted person and transfer your authority to register the apartment on the basis of a notarized power of attorney.
In this way, it is possible to avoid the need to waste time on paperwork.
At the same time, it will be necessary to take into account that the process implies the presence of many nuances. In addition to the power of attorney, you will also need to attach a special identification document.
A passport can serve as such. If for some reason you have no experience in cases of this type, the best solution would be to contact a lawyer for advice.
Where to go
Privatization involves the preparation of a fairly extensive list of specific documents. In this connection, you will need to visit a number of government and non-government institutions.
The standard list of authorities that you will need to contact to obtain the documents necessary for privatization includes:
- Municipal or administrative body - on whose balance sheet specific real estate is located.
- Bureau of Technical Inventory.
- Passport Office.
- Management Company.
- Rosreestr.
The privatization process itself must begin with the premises of the municipal or administrative body - which makes a decision on the possibility of privatization.
There you will also be able to obtain information about which documents will be needed in a particular case. An alternative body that can be visited to submit documents for privatization is the MFC.
But it is important to take into account that such an institution is not available in all regions. You will also need a cadastral passport and a technical one. If you don’t have them, you can register them at the BTI - Bureau of Technical Inventory.
You will also need to confirm important requirements for a citizen applying for privatization. To do this, you will need to visit the passport office, as well as other places.
A separate point is privatization with the participation of minors. In this case, you will need to contact the guardianship and trusteeship authorities.
Since in the absence of consent, it will be virtually impossible to privatize real estate in the child’s name.
The management company must provide confirmation of the absence of debts on utility bills. After making a positive decision on the issue of privatization, you will need to contact Rosreestr.
The refusal or consent to participate in privatization will need to be notarized. Accordingly, for this you will need to contact a notary.
What are the advantages of privatization for the state, you can find out in the article: the pros and cons of privatization in 2021. If you are interested in the question of what the main methods of privatization are, read here.
If a citizen believes that his rights have been violated for some reason, he must go to court. This can only be done at the location of the property.
Also, not all citizens have enough time to carry out the privatization process on their own.
The way out of this situation is to contact specialized companies that deal with similar procedures on a paid basis.
But before contacting any institution, you will need to read the reviews about it in advance. Since there are quite a lot of scammers working in this area.
Basic legal services for privatization of an apartment in Moscow
- assistance in privatization with advice on all issues of interest;
- collection of documentation necessary to apply to supervisory and judicial authorities;
- development of documentation necessary for the procedure for changing ownership (agreements, complaints, claims, etc.);
- clarification of the customer’s rights and legal options for registering state real estate;
- drawing up a plan for the transfer of state property into the hands of the client;
- registration of any transactions related to real estate;
- legal assessment of title documents for the object;
- participation in a legal dispute with government authorities;
- analysis of case materials and drawing up a written opinion on the prospects of the dispute;
- assistance in filing a pre-trial claim;
- drawing up and submitting statements of claim to the court (petitions, statements of claim, complaints);
- sale of an apartment after completing the privatization procedure;
- consultations on the issue of documenting an apartment, cottage, private house, garage, land, office housing, garden plot;
- assistance in invalidating privatization;
- defending the interests of the customer in the courts;
- appealing a court decision as illegal or unfounded;
- interaction with officials involved in the case;
- direct participation of a lawyer in the execution of a court order.
Privatization Department in Moscow
Privatization authorities in the capital offer a fairly wide range of different services. It is best to familiarize yourself with all of them in advance.
Only in this way will it be possible to implement the privatization process without outside help.
This procedure has a number of various subtleties and features. That is why it will be necessary to familiarize yourself with them in advance. This is the only way to prevent various problems.
The privatization algorithm itself is standardized, but the list of bodies that will need to be visited to implement the process is quite extensive.
The main issues, the preliminary study of which will help prevent a variety of difficulties in the future, will include:
- what services are provided;
- the necessary conditions;
- procedure of application;
- price;
- deadlines;
- important aspects;
- the legislative framework.
What services are provided
On the territory of a city like Moscow there is a single specialized privatization center. With its help, it is possible to reduce to a minimum the time spent on the privatization process.
Since such a center simultaneously provides an extensive range of services for the implementation of the privatization algorithm.
The unified privatization center, operating for any district of Moscow, offers the following services to applicants:
Indicators | Description |
Preparation of a standard list of documents for privatization | and for all, without exception, property located on the territory of the administrative district of Moscow |
Representation services if it is necessary to prepare a number of documents | through the Bureau of Technical Inventory |
Certain deadlines are set. But it must be remembered that these do not take into account the process of collecting and preparing the documents themselves.
In addition to the basic services that are offered to all citizens, there are a number of additional ones that, in turn, can be used at will:
Indicators | Description |
Completely free consultation | on the territory of Moscow and the Moscow region according to the procedure itself and the list of documents required in this case |
Conducting an examination of documents provided by those applying for privatization | for compliance with all legal requirements |
Preparation, execution and verification of the correctness of the social hiring document | — |
Preparation of documents | to carry out the process of transferring residential premises |
Representing the interests of the applicant | in the Department of Housing Policy, as well as other people authorized to make decisions on privatization |
Moreover, the institution simply does not have this type of service in terms of the quality of its services.
That is why, if possible, if you need advice, you will need to contact the privatization department in Moscow. In addition, the cost of providing services is quite symbolic.
The necessary conditions
Privatization through the court implies the fulfillment of a standard series of requirements.
These currently include the following:
Indicators | Description |
All documents collected | required in this case |
State duty paid | corresponding size |
The citizen himself applying for privatization meets the requirements established by law | — |
All requirements for real estate are met | it is not included in the list of property the privatization of which will be prohibited |
No other obstacles | — |
Application procedure
The conversion process itself has its own subtleties and peculiarities.
To implement this procedure, it will be necessary to provide identification documents, as well as confirming the right to carry out the privatization process.
The algorithm itself looks like this:
Indicators | Description |
An application is being drawn up | in a special form |
Further services are paid | if necessary |
Documents are being examined | or another service is provided |
Price
The issue of the cost of privatization is covered in detail on the official website of this organization.
The price depends on the complexity of the technical work and may vary:
Indicators | Price |
Comprehensive service for collecting documents and further registration of ownership rights to real estate | 21,500 rubles |
Comprehensive consultation on documents to be drawn up and other important points | for free |
Accordingly, privatization itself is free. Only technical work and collection of documents are paid.
Deadlines
Privatization can be carried out at different times:
Term | Description |
90 days | if the process is running normally |
45 days | accelerated privatization |
20 days | in case of urgent privatization |
Video: Head of Privatization Department
The cost of basic lawyer services when privatizing an apartment in Moscow
Service | Cost (on average, in rubles) |
Legal advice orally | for free |
Legal consultation with issuance of a written opinion (for individuals) | 2 000-3 000 |
Consultation with a lawyer with issuance of a written opinion (for legal entities) | 3 000-5 000 |
Legal analysis of the package of papers used to carry out the procedure | from 6 000 |
Collection of documents necessary for a real estate transaction (working with Rosreestr, BTI, land committee, cadastral chamber, etc.) | from 20 000 |
Legal assistance in privatizing an apartment , assistance in registration | from 10 000 |
Legal support for land plots | from 15 000 |
Recovering lost or invalid documents | from 3 000 |
Privatization of a turnkey apartment | from 30 000 |
Legal advice on land disputes | from 3 000 |
Drawing up a statement of claim for registration of municipal real estate ownership | from 3 000 |
Registration and filing of complaints to the court against the actions or inactions of public authorities | from 3 000 |
Drawing up petitions, statements, claims | from 2 000 |
Familiarization with the case materials | from 7 000 |
Drawing up another procedural document | from 1 500 |
Representation of client interests in courts of general jurisdiction | from 10 000 |
Participation in one meeting of the Arbitration Court | from 20 000 |
Pre-trial settlement of the case | from 5 000 |
Conducting a complex dispute in court | from 30 000 |
Participation in meetings of the appellate, cassation and supervisory authorities | from 20 000 |
Challenging a court decision | from 10 000 |