Who is entitled to privatize the apartment? How to privatize an apartment

Who is eligible for privatization? Having answered this question, many citizens will be able to understand what they can count on in the future. Privatization is a process faced by almost all persons living in apartments under social employment contracts. Its implementation helps the population to acquire their own housing at no cost. But what about privatization have to learn? Who can participate in it? How to privatize an apartment? With the right preparation, making an idea a reality will be easier than ever.

Definition

To begin with, we’ll figure out what exactly is at stake. What is privatization? Why is it needed? Who is eligible for privatization?

This term describes the process of transferring property (housing) into private property. Most often we are talking about government apartments. After privatization, citizens become full owners of housing on a free basis.

In Russia, you can participate in free privatization only 1 time. After that, you will have to pay for the operation. The exception is minor children - if they participated in privatization, then the right to free housing is left after they come of age.

What can be privatized

Not all state property is subject to privatization. Some property does not provide for transfer to private ownership.

Who is entitled to privatize the apartment? First you need to check whether, in principle, it can be registered in private ownership. The following objects are not subject to privatization law:

• emergency housing;
• apartments in military camps;
• dormitories.

All other apartments can be privatized without much difficulty. Next, we will talk in more detail about how to do this.

Process participants

Let's start by finding out who has the right to privatization. The circle of participants in the process is strictly determined by the state.

Only persons permanently residing in one or another territory can apply for the implementation of ideas. What does it mean?

Only citizens registered in the apartment can privatize housing. Usually the basis for using state property is a social contract of employment.

Third parties may not exercise this right. Often, relatives are involved in privatization.

Temporary registration

It is clear who has the right to privatize housing. As already mentioned, this opportunity is given to all residents of the apartment. That is, applicants must have registration in a particular housing.

Can I claim a share in a state apartment if I have a temporary residence permit? No, it does not allow the population to participate in privatization. Therefore, we will focus only on persons permanently residing in the apartment.

About minors

Do children have the right to privatize the apartment? Yes, but not always. For this, minors must be registered in housing on an ongoing basis. Temporary registration, as we have found, does not give citizens the status of participants in privatization.

Abandon the process can not children under 14 years. Therefore, they will necessarily participate in privatization and receive a share in the purchased housing. Further, minors can be removed from the studied process, but only with the permission of the guardianship authorities.

Also, the right to free privatization in the future for children will remain. Grown minors will be able to independently receive housing on a free basis from the state after privatization, but only 1 time.

Disability and incapacity

But that is not all! Who is eligible for privatization? The main circle of persons has already been indicated. Are all people constantly living on the territory can participate in privatization? Does a person with disabilities have the right to participate in the privatization of an apartment?

Yes. Even the disabled and the legally incompetent have the right to do so. The difference is that in such circumstances, the interests of the participants will be represented by guardianship authorities, guardians or other legal representatives. The rest of the procedure for re-registering public housing in private will not be anything special.

Main condition

Are children eligible for privatization? Yes, just like adults. The main criterion is the availability of registration in the privatized housing.

But that is not all. There is one more small nuance. Privatization is possible only after all tenants agree to it. Otherwise, you will have to receive written refusals from them. Otherwise, the state will refuse to implement the law being studied.

Thus, if one of the tenants does not agree to privatization, but at the same time he is in no hurry to file a refusal with a notary public, you can forget about the procedure. The consent of all residents to the operation is the second condition for privatization after registration.

Clearance procedure

How to privatize housing? Many citizens are also interested in this. After all, if you do not understand this, you may encounter some problems.

Private ownership of public housing can be described as follows:

1. The manifestation of the initiative. One of the tenants offers to start privatization.
2. Collection of consents and refusals to participate in privatization. Failures, as already mentioned, are drawn up by a notary public. There is no need to give written consent - all applicants simply exercise their rights together. After privatization, residents who refuse the process will not receive a share in the property, but they will still have the right to live in the apartment.
3. Preparation of documents. The list of securities required for privatization will be offered below.
4. Applying for privatization. The request is sent to the city administration. The document is prepared on behalf of all those who agreed to privatization.
5. Waiting for a response from the city administration. With proper preparation, residents will not be denied the exercise of their rights.
6. Conclusion of a privatization agreement. The action boils down to signing an agreement with the municipality.
7. Registration of property rights to property. This process is described in more detail below.

In fact, there is nothing special, incomprehensible, strange or difficult in the procedure under study. All tenants have the right to privatize a dwelling. This must be remembered by all citizens of the Russian Federation.

Preparation of documents

Now you can take a closer look at the upcoming paperwork. It is necessary to approach the preparation of documents for privatization with special attention. Indeed, the absence of the necessary papers 100% entails the rejection of the regional administration to privatize housing.

In general, the package of documents consists of the following components:

• social contract of employment;
• passports of all tenants participating;
• extract from the house book;
• certificates from the BTI;
• application for privatization;
• cadastral passport of real estate;
• marriage / divorce certificate;
• birth certificates of all minor applicants;
• refusals to participate in privatization from residents;
• certificates stating that the applicants had not previously participated in the study process;
• permission from guardianship authorities to remove minors from privatization;
• certificates of adoption / guardianship.

All these documents are presented not only in the form of originals. Applicants must bring their copies. Notarization is only required if it is a refusal to participate in privatization.

Registration of rights

Suppose that citizens were allowed to register their property privately. What's next?

All residents participating in the process go to the city administration and conclude an agreement on privatization. Next, you have to draw up a certificate of ownership of real estate.

How to do it? You will have to contact the Rosreestr or the registration chamber. Bring with you:

• passports
• privatization agreement;
• cadastral passport of housing;
• application for the issue of a certificate of ownership of property.

For minors, a birth certificate is additionally required. After submitting the appropriate request, citizens will be given special extracts. They confirm the fact of filing applications for the issuance of certificates of ownership of property. With their help, you can pick up the relevant documents at the appointed time.

How much time is allocated for entering new data about the apartment? 5 to 10 days. Together with a certificate of ownership of housing, citizens will be given new cadastral passports and extracts from the Unified State Register of Enterprises. Since 2017, only the latest documents are issued at the Rosreestr. Statements from the Unified State Register replaced the cadastral passports of real estate.

Summarizing

Now it’s clear who has the right to privatize housing. This operation is available only to those who permanently reside in a particular territory under social employment contracts. Outsiders and even relatives of residents are not granted the right to participate in the process.

Refuse to implement the studied procedure can only for good reason. But in practice, such situations are extremely rare. Usually they are found among the military - housing from the Ministry of Defense of the Russian Federation can be privatized, but this is problematic. If citizens are denied the exercise of their rights, they will have to go to court for justice. Then privatization will be forced.

In practice, this process is a lot of trouble. In particular, due to the fact that far from always individual residents agree to privatization. But they do not want to refuse this operation. As already mentioned, in this case, forcing citizens to give one or another answer will not work. So, privatization will not take place. The refusal is mandatory certified by a notary and submitted in writing. Verbal agreements are not legally binding.

Citizens with the right to privatization usually try to realize this opportunity. In order to avoid problems, it is recommended to discuss in advance with the tenants plans for the privatization of the apartment.