The possibility of almost free ownership of a house, a summer residence, an apartment or other living space is a rather interesting and attractive prospect.
Almost everyone has a desire to take advantage of such a benefit. And sometimes more than once. But is it possible to participate in privatization a second time in accordance with current legislation? What are the main features of this process?
Basic concepts
- Privatization. A set of actions aimed at officially re-registering property rights from a state or municipal entity towards an individual or legal entity on a gratuitous or paid basis, depending on the characteristics of the privatization object and the legislative nuances of this process.
- Privatization - a return to the original position that arose as a result of privatization. In fact, the process of returning the privatization object to the previous owner (municipal or state entity). It is possible only if there are legal grounds and only in court proceedings.
Legislative basis
So, let's figure out whether it is possible to participate in privatization a second time?
This process is regulated by a wide range of legal acts, each of which has a different legal force.
Some of them:
- Law of the Russian Federation No. 1541-1 “On the privatization of the housing stock in the Russian Federation” dated July 4, 1991.
- Housing Code of the Russian Federation, section No. 4.
- Land Code of the Russian Federation.
- Civil Code of the Russian Federation.
- Government Decree of January 28, 2006.
Who can exercise the right to re-privatize for free?
The second part of Section 11 of the Law “On the Privatization of the Housing Fund in the Russian Federation” outlines a circle of persons who have the right to privatize housing repeatedly on a free basis.
The list of these individuals is very limited and includes:
- minors. The main category of citizens to whom the procedure of repeated free privatization is available. They can participate for the first time before reaching adulthood, repeatedly - after coming of age. In both cases, participation is possible both with the allocation of one's own share, and without it;
- persons who have lost their housing as a result of disasters, natural disasters, after emergencies, as well as terrorist attacks;
- citizens resettled from the North or former republics of the Soviet Union. However, the latter category can exercise such a right only if the existing housing is abandoned in favor of the owner who previously owned it (such may be municipal and state entities).
Can I participate in privatization a second time? This question interests many.
If previously privatized housing is lost in the course of a reimbursable transaction, this right is automatically lost.
The procedure for abandoning previously privatized housing in favor of the municipality and the state is carried out in court, that is, by privatization. Thus, repeated free privatization is possible after the privatization procedure. It is often used when it is necessary to restore the rights of residents affected by the procedure.
Thus, a court decision cancels the contract concluded earlier and transfers the property to the property in a preventive manner.It is in this way that the privatization of the same premises is possible twice.
How many times can one participate in privatization? About it further.
Privatization
Judicial privatization takes place when:
- during privatization, the interests of minor citizens registered in the apartment were infringed;
- there was an excess of authority by an authorized person during the procedure;
- the procedure was carried out illegally, and the contract was signed under pressure on one of the interested parties;
- the state of the participant did not allow him to realize the significance of his actions at the time when privatization was carried out.
How many times can you participate in the law?
Key privatization restrictions
Due to the cancellation of the terms of the privatization procedure, its main limitation is single-entry. That is, one person can only obtain ownership right to the dwelling used by him.
It should be borne in mind that the privatization of the premises is possible only if it is used for social hiring. In the case of the conclusion of a lease or rental agreement, becoming an owner of such an apartment is not possible.
Only a state or municipal structure may be the former owner of the privatized housing. Privatization of facilities formerly owned by private individuals is not possible.
Second apartment privatization: universal tips
In accordance with the law “On Privatization ...”, housing can be privatized only once. Thus, only one housing can be privatized for free.
The second apartment from the municipality or state can still be obtained in the property, but only through redemption, and not through privatization. But, if a citizen owns a property right obtained earlier on a reimbursable basis, then he can also use a single right to free privatization. Who is eligible for privatization? How many times can I participate in this procedure?
Once again, minors are excluded from the one-time use of the right to free privatization. That is, in fact, they can privatize two apartments for free. The first time before the age of 18, again - upon reaching adulthood. And this right is retained even if previously privatized housing or its share has already completely transferred to the right of ownership.
Procedure for participating in re-privatization
It depends on whether it is paid or free. In fact, the law does not provide for paid privatization of housing. In this case, a ransom takes place, characterized by the same conditions for all categories of citizens.
Free privatization of the apartment for the second time for adults who participated in this procedure before reaching the age of 18 takes place in a judicial proceeding. A similar scheme applies to those who have lost their housing as a result of emergencies or disasters.
Migrants from the former Soviet republics and regions of the Far North should also privatize their housing before re-privatization for free.
Special cases
The equal application of the rule of law provides all citizens with equal housing rights. In view of this, exceptions are provided for the equation in the rights of certain categories of citizens, depending on the situation.
Consequences of demolition
In practice, it is impossible to carry out a procedure for housing that is considered emergency and is preparing for demolition.
But sometimes there are situations when the building is recognized as emergency by the time when it has already passed from municipal ownership to private through the free privatization procedure. In this case, the owner should be provided with an alternative living area of the same size and with similar technical characteristics.That is, the new housing being offered in exchange for being prepared for demolition cannot worsen the housing conditions of its owner.
So, now it is clear who and how many times has the right to privatization.
Procedure cost
Under current law, the privatization of a dwelling is directly free of charge. However, a person who intends to participate should be prepared for the fact that it will be necessary to pay state fees and a package of documentation that must be obtained from various state bodies. For example, certificates from the bureau of technical inventory. It will also be necessary to pay property taxes obtained through privatization. Legal costs are sometimes possible.
If there is a contract for social rental housing and it is planned to privatize this real estate by minors and provided that other persons do not accept the procedure in addition to them, all monetary costs regarding the state fee are borne by the owner of the privatized housing, that is, state or municipal organizations. In this case, all issues related to the execution of the privatization agreement are dealt with by the guardianship authorities, acting in the interests of the minor teenager. We examined whether it is possible to participate in privatization a second time.