The legislative framework

Thematic Federal Law No. 1541-1 of July 4, 1991 contains standards for the privatization process. It notes the following important nuances:

• the right to receive free housing is granted in the Russian Federation free of charge only once;
• minor children retain it when moving with their parents;
• all persons who have registered permanent residence in the apartment can become property owners;
• privatization of emergency housing is prohibited;
• relocation is carried out to an apartment of the same or larger area;
• Alternatively, the owner may be offered monetary compensation.

A general definition of accidents is the critical state of the load-bearing frame due to:

• normal wear and tear;
• man-made or natural disaster.

Risks are assessed in a similar way when the facility is located in a flood zone or other potentially dangerous places. The decisive factor is the recognition of the property as unfit for habitation. For this reason, a house that is too close to a high-voltage power line or in an area with radioactive contamination may be prepared for resettlement.

A conclusion on the assignment of the appropriate status is made by a special commission. It is created by municipal authorities according to the rules defined in PP No. 47 of January 28, 2006. This document lists the signs of unsuitability for habitation.

Regardless of the position of regional authorities, the answer from federal laws on whether it is possible to privatize an apartment in a dilapidated building is unequivocal - this is impossible after an official decision has been made about the disrepair. Before such a decision is made, housing can be privatized.

Read more about emergency housing at this link.

Advantages and disadvantages

Is it worth privatizing an obviously unsafe and dilapidated facility? The answer to this question depends on the wishes of the residents. Some people want to become the owner of an apartment and then improve their living conditions. For some, it is more profitable to wait for resettlement in other houses (see “Program for relocation from dilapidated and dilapidated housing”).

Let's consider the pros and cons of privatization of dilapidated housing:

Dilapidated or in disrepair

For owners, the only thing that matters is the presence of an official decision from the administration. If there is paper, then the housing is considered unsafe. If not, then the housing status has not yet been assigned, which means it can be privatized. Such premises can be conventionally called dilapidated, although there is no official concept of “dilapidation” in the law.

The main criterion for compliance with a certain category is suitability for habitation. The absence (presence) of factors that pose a threat to the health and life of people is implied in order to recognize dilapidated (emergency) status. In particular, it is assumed that the load-bearing elements of structures will wear out by 65-75% (more than 85-90%), respectively.

Even without a detailed study, the conventionality of such assessments is clear. In earthquake-prone areas, for example, even 50% damage to the frame is taken into account. A brick building remains stable at high humidity and temperature. Wooden - quickly destroyed by rotting processes.

Privatization of emergency housing

In accordance with current legislation, privatization of emergency housing is not carried out. The procedure for re-registration into private property cannot be completed due to a blocking entry in the Rosreestr database. The corresponding restriction is created after signing the act of recognition of the corresponding status.

An apartment in a dilapidated building can be privatized by a court decision, which will establish that the actions of the municipal commission were erroneous. If the housing is dilapidated, it is not difficult to convert it into personal property on a general basis. To decide on the most optimal actions, it is necessary to comprehensively examine the advantages and disadvantages.

Pros of owning a dilapidated property:

• if the building is demolished, you can receive monetary compensation within a period determined by local legislation according to precise rules;
• It is allowed to register not only close relatives in a personal apartment without the special consent of the landlord;
• such property is disposed of at their own discretion (sold, leased, pledged, redeveloped).

Attention! When calculating the redemption price of an apartment in disrepair, its accident rate can be taken into account, which greatly reduces its value. The issue is controversial, there is no clear practice on it yet, but there are risks.

Minuses:

• the only chance to receive free housing from the state will be used;
• a privatized apartment must be renovated entirely at your own expense;
• you will have to pay property taxes annually.

The area of ​​new real estate is allocated equal, and not according to the norms of 18 square meters. for each person with permanent registration as for the option of registering an old apartment under a social tenancy agreement. Privatization of emergency housing of a small area is unprofitable. After demolition, citizens can receive relatively small compensation, calculated from the average cadastral prices of real estate properties with poor consumer characteristics.

Is it possible to privatize emergency housing, an apartment in an emergency building?

The law directly prohibits the privatization of emergency housing, no matter what condition it is in. Consequently, if the authorities recognize the house as unsafe, municipal apartments cannot be transferred to the ownership of private individuals. But what if the building is not unsafe, but dilapidated?

Let’s immediately make a reservation that “emergency” and “dilapidated” housing are not the same concept, but different states of an apartment building.

Dilapidated housing is an object whose deterioration is 65-70%, and the house itself does not pose a danger to human habitation (MKD 2-04.2004). Although the law does not directly say anything about this, you can privatize such objects - at your own peril and risk. Of course, with the obligation to independently repair the apartment.

On a note! There is no definition of the concept of “dilapidated housing” in the legislation. The privatization of such objects developed on the basis of life situations.

The emergency status of a house is determined after a state examination. All issues are handled by interdepartmental commissions - the Committee of State Construction Supervision, the Main Directorate of the Ministry of Emergency Situations of Russia and others. Having discovered serious violations, the authorities draw up a conclusion, which is submitted to Rosreestr for amendments. If there is no such conclusion, the house can be considered “dilapidated”. Consequently, privatization will become possible.

Example:

What should employers do?

If the local administration delays in making a decision on recognizing a building as unsafe, the residents themselves can initiate the corresponding procedure. You can submit a group or individual application. After receiving emergency status, you can deal with issues of relocation - renewing social rent agreements for new housing.

List of documents

An accident claim is drawn up in free form with written consent to the processing of personal data.

Attention! Download a sample application for recognition of the emergency status of real estate using this link.

In addition, you will need the following documents:

• civil passport or other identification document;
• social rental agreement;
• expert opinion with conclusions about the unsuitability of the property for habitation;
• copies of previous applications to the administration with complaints from residents about the poor technical condition of the building (if available).

Procedure

First, they clarify which division of the local (regional) administration is responsible for solving accident problems. Then proceed as follows:

• after preparing the expert opinion, they submit the application and accompanying documents to the office with mandatory registration in the accounting journal;
• analogue – postal item by registered mail with an inventory of the contents;
• participate in the inspection of the building together with members of the organized municipal commission;
• receive a written response about the decision made;
• To resolve disputes, they go to court with a claim.

A building recognized as unsafe will be included in the list of buildings scheduled for demolition. Further, the local administration proposes:

• moving to temporary housing (during reconstruction);
• drawing up a social tenancy agreement for another apartment.

Privatization of dilapidated housing

In 2021, by decree of the Government of the Russian Federation, a decision was made on the indefinite nature of the program for transferring housing into private ownership. Privatization of dilapidated real estate is carried out according to a standard procedure. A detailed description is in the thematic publication at this address. Below is the basic information in abbreviated form.

List of documents

The following documents must be prepared for housing privatization:

• civil passports of adult residents or other identification documents;
• birth certificate of children under 14 years of age;
• notarized powers of attorney from temporarily absent privatization participants;
• a valid social tenancy agreement;
• confirmation from the management office that there are no debts for utility services.

Attention! On our portal you can apply for the privatization of an apartment and for the refusal of privatization.

Procedure

To privatize a dilapidated apartment you need to go through the following steps:

1. After preparation, the basic package of documents is transferred to the authorized unit of the local administration. The registration date is recorded in the journal of incoming applications.
2. If there are no errors, a special housing privatization agreement is drawn up and signed. It is transferred to Rosreestr.
3. The process ends with a change in the USRN database of the record about the new owners. Similar actions with a delay of up to 2 days can be performed through the MFC.

Before privatizing emergency housing, all the pros and cons should be comprehensively assessed, taking into account the features noted above. It is recommended to further study the conditions that apply in a particular municipality.

Repost, like, leave comments in the comments. To get professional help, contact the duty lawyer.

For a detailed study of the process of selling emergency housing, use thematic materials on our website.

Deprivatization procedure

Deprivatization is not the most popular and not a particularly simple procedure. It is recommended to use the services of experienced lawyers who will represent the interests of clients. Below is an approximate procedure. It may vary slightly depending on your region of residence.

Procedure

1. Collect consents from all registered residents of the apartment and have them certified by a notary (usually the personal presence of all persons who wrote these consents is required).
2. Submit an application for deprivatization (usually it is best to do this right at the time of application, but you can prepare it in advance).

1. Prepare all the necessary documents (see below for more details).
2. With documents and an application, contact the nearest branch of the MFC (My Documents) and declare your desire to deprivatize housing.

1. Receive a receipt for the application. This is mandatory, otherwise documents may be “accidentally lost.” Any action must be supported by relevant papers.
2. Expect a deprivatization agreement. This document is prepared by specialists and the apartment owners cannot influence this process in any way. It is recommended to check regularly, at least once a week, about the fate of the application, since it is not a fact that the MFC will notify applicants that the agreement is ready.
3. The deprivatization agreement must be signed by all interested parties. But they don't take him away. Immediately after signing, MFC employees pick it up again and transfer it to Rosreestr to change the ownership of the property.
4. After this, the contract is finally issued to the residents, but this is not the end of the procedure. Now the DGI (Department of City Property) must draw up a social lease agreement (it may be called differently). And only after this, when this document is signed, the residents receive the right to lifelong residence in the deprivatized apartment.

Documentation

Along with the application for deprivatization, the following documents must be submitted to the MFC:

• Title documents on the basis of which the residents previously privatized this apartment (originals required).
• Extract from the Unified State Register of Real Estate (shows ownership and confirms the absence of encumbrances). It is recommended to order this document immediately before contacting the MFC in order to provide the most recent sample.
• Extract from the house register. Provided for the period from the moment of privatization until the moment of application to the MFC.
• A certificate from the management company or housing office confirming that there is no debt for utility bills.
• Registration certificate for the apartment.
• Passports or birth certificates for all residents of the apartment.
• Permission from the guardianship authorities to deprivatize the apartment (provided that minors are registered in the housing).

This is important to know: Power of attorney for privatization of an apartment: sample 2021

Expenses

The deprivatization procedure itself is free. However, certain costs may still arise. Of these, the most basic is payment for notary services when certifying the consents of apartment owners. Other expenses:

• New registration certificate: from 10 thousand rubles.
• Fresh extract from the Unified State Register of Real Estate: 350 rubles.

Deadlines

Deprivatization is a lengthy procedure, and not all deadlines can be clearly defined. It might look something like this:

• Collection of consents and documents: from 1 day.
• Submitting an application to the MFC: from 1 day.
• Consideration of the application and drawing up a deprivatization agreement: about 2 months.
• Change of ownership in Rosreestr: about 1-2 weeks.
• Obtaining a rental agreement for municipal housing: about 2 weeks.

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