Deprivatization of housing. How to transfer an apartment to municipal ownership
A bill on the deprivatization of housing has been submitted to the State Duma. As Rossiyskaya Gazeta writes, the initiator was Elena Nikolaeva, First Deputy Chairman of the State Duma Committee on Housing Policy and Housing and Communal Services.
Let us remind you that even now those who wish to transfer privately owned housing to the municipality and enter into a rental agreement can exercise this right. As Elena Nikolaeva commented to a Rossiyskaya Gazeta correspondent, this can be done by citizens who purchased housing as property through privatization. The reasons why people decide to take such a step may be, for example, the inability to bear the further burden of maintaining the housing they own.
The introduced bill may introduce some restrictions on the deprivatization procedure. In particular, it is proposed to grant the right to return an apartment to state ownership only to low-income people and those people who can be recognized as such. Another innovation will be the implementation of the right of deprivatization, regardless of the method of acquiring residential premises.
However, whether these amendments are significant is a controversial issue. In particular, as the city administration said, today this procedure is unpopular. Only 1-2 people apply per year. “Basically, elderly Ulyanovsk residents who have no heirs want to transfer their housing to the municipality and conclude a social tenancy agreement. This helps them avoid spending on taxes, as well as contributions for major repairs,” said the committee for the management of city property, land resources, architecture and urban planning of the Ulyanovsk administration. It is worth remembering that after this procedure it will no longer be possible to privatize housing again.
Those who have decided to deprivatize need to prepare a package of documents.
1. First of all, an application for the transfer of this residential premises into municipal ownership. In this case, the application must be signed by all family members of the citizen who participated in the privatization of the residential premises.
2. Agreement on the transfer of ownership of residential premises.
3. Certificate of state registration of ownership or certificate of ownership of previously privatized residential premises.
4. A copy of the technical or cadastral passport of a previously privatized residential premises.
5. Certificate of absence of encumbrances and obligations to third parties for previously privatized residential premises.
6. Copies of documents proving the identity of citizens.
7. A certificate from the body that registers citizens at the place of residence about persons living in previously privatized residential premises, received no later than ten days before the date of submission of the application.
8. A copy of the personal account for the previously privatized residential premises, confirming the absence of arrears in payments for the maintenance and repair of the residential premises, utilities.
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9. Certificate from the tax authority confirming that there is no debt on property tax for individuals.
10. Permission from the guardianship and trusteeship authority for the transfer, in cases where the citizens are minors and (or) adult citizens recognized as incompetent or partially capable.
11. A copy of the act of the local government body, confirming the powers of the guardian (trustee) in the event of filing an application in relation to an incapacitated citizen or a citizen with limited legal capacity.
12. An extract from the Unified State Register of Rights to Real Estate and Transactions with It confirming that the citizens specified in paragraphs 1 and 2 of this paragraph do not have ownership rights to other residential premises, with the exception of previously privatized residential premises;
13. Certificate from the organization for registration of real estate objects, which carried out state registration of rights to real estate and transactions with it before the entry into force of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, on the citizens specified in paragraphs 1 and 2 of this paragraph do not have ownership rights to other residential premises, with the exception of previously privatized residential premises.
14. If an application is submitted by a citizen’s authorized representative, a copy of a notarized power of attorney or a copy of a power of attorney equivalent to a notarized one is required.
Documents must be submitted to the committee for the management of city property, land resources, architecture and urban planning of the administration at the address: st. Goncharova 38/8.
Where to go to alienate real estate?
The application and the documents necessary for the procedure are, as a rule, submitted to the same municipal authority in which the apartment was previously registered as ownership.
The period for consideration of the application by the executive authority is no more than a month , after which an agreement on the transfer of the apartment to municipal ownership must be signed, and based on the decision of the municipality, a social rental agreement must be concluded with citizens.
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