Many Russian citizens get housing after privatization. Therefore, this operation is of great interest. Privatizing an apartment is not as easy as it seems. After all, you have to study the features of the current legislation before translating ideas into reality. Some are interested in whether you can privatize an apartment with debts or not. This is a fairly common phenomenon that interferes with clarifying the situation. What does current legislation say about this? How to privatize property?
Definition
To begin with, we’ll try to find out what kind of procedure we are talking about. What is privatization?
This is the name of the process of re-registering state property (most often housing) as private property. During the operation, residents registered in the apartment become its full owners. In Russia, free privatization is possible once in a lifetime. But there are exceptions. These are cases of privatization of housing with a minor child. Children under 14 are required to participate in the process. Therefore, they retain the right to free privatization after adulthood.
Duties of the parties
Is it possible to privatize an apartment with debts? It is not easy to answer a similar question.
Becoming a homeowner, a citizen takes responsibility:
- on the payment of property taxes;
- to transfer funds to capital repair funds.
But nothing is said about utility bills. Therefore, the population has to deal with a number of problems.
Legislation of the Russian Federation
What kind of problems are we talking about? The passport offices refuse to issue the documents necessary for registration of the apartment in the ownership of the residents. At the same time, employees say that certificates of established forms (7 and 9) can be obtained only after paying off all debts.
This is actually not the case. You can privatize an apartment with debts for utility bills. This is precisely the opinion of many lawyers. After all, the legislation of the Russian Federation does not oblige citizens to pay for a "communal". More precisely, the absence of appropriate payments is not a reason for refusing to carry out the procedure.
The nuances of the process
Only people registered on the territory of housing can participate in privatization. Without a residence permit, there are no grounds for re-registering property in private ownership.
With communal debtors, municipalities must fight on their own. For example, unscrupulous tenants can be deprived of housing and relocated to another apartment. If this does not happen, then the city administration is happy with everything. Therefore, there is no reason to refuse to carry out the procedure.
In addition, as we have already said, the legislation of the Russian Federation does not have any clear answers to the question of whether it is possible to privatize an apartment with a large debt (and not so much) or not. This is the basis allowing the operation.
What to do if refused?
What if the employees of passport offices and management companies refuse to issue certificates on forms 7 and 9? In this case, you will have to demand an explanation. Due to the lack of norms in the legislation regarding debts on a communal apartment, there are no grounds for refusals.
In this case, you will have to re-request the relevant certificates. Otherwise, you can go to the prosecutor's office or even to the court to protect your interests.
About deferrals
As we have already found out, it is possible to privatize an apartment with debts.However, government bodies still try their best to influence residents and force them to pay bills before registering property as private property.
If you spend a lot of time and effort, you can achieve justice. Only such a technique is rare in practice. Most often, citizens planning privatization either agree to pay the "communal", or ask for a delay.
What happens in this case? Residents promise to pay off communal debts after privatization, but only verbally. Employees ZhEKov meet and issue relevant certificates. And then it all depends on the integrity of the residents. They can really pay off debts or save them further.
Design Methods
It is possible to privatize an apartment with debts under the "communal" - this is a fact. If you prepare in advance, then the implementation of ideas into reality will bring a minimum of trouble.
Privatization can be carried out:
- personally;
- through a representative.
In practice, the first scenario prevails. It requires a minimum of costs, but a maximum of time. In the second case, you have to spend money on the services of an intermediary. But it is he who will collect all the documents necessary for re-registering the property.
Action algorithm
Can I privatize an apartment with a debt for housing and communal services? According to the law - yes, in real life this is problematic.
How is privatization in principle? It comes down to the following steps:
- Collection of necessary documents. The presence of debts on the "communal" can cause a lot of trouble and problems. Therefore, collecting paper is recommended in advance.
- Applying to BTI.
- Waiting for an answer.
- Signing a privatization agreement.
- Registration of property rights in Rosreestr or cadastral chamber.
In reality, everything is much simpler than it seems. If you managed to collect the documents, then otherwise there will be no problems.
Collection of documents
Of course, the collection of securities plays a huge role in privatization. At this stage, citizens with debts have huge problems. As we have already said, government services refuse to issue certificates for an apartment. You should not be afraid of this: the fighting spirit and knowledge of your rights make life much easier.
You can privatize an apartment with debts with the following papers:
- order for the object;
- extract from the house book (taken in the BTI or in the passport office);
- cadastral passport;
- certificate that citizens did not participate in privatization earlier (for each participant separately);
- identity cards of all registered in the apartment;
- birth certificates of children (if any);
- refusals to participate in privatization (from residents who do not want to register the apartment as property);
- technical passport of property;
- social contract of employment.
This is usually enough. Sometimes additional paper may be required. We are talking about documents on adoption, a certificate of marriage and divorce, and so on. Each family will find out more detailed information only after submitting an application for privatization with the listed list of securities.
Apartment for sale
Suppose we figured out the privatization. The procedure was completed successfully. And so the owners decide to sell it.
Is it possible to sell a privatized apartment with debt? In this case, there are no prohibitions on the operation. The owner can not only sell, but also donate his property. The main thing is not to have tax debts.
Accordingly, the presence of debts in the "communal" is not a ban on the sale of apartments. Only not all buyers are ready for such a step. It is problematic to sell an apartment with debts in real life due to the fact that citizens do not assume such responsibility, worrying about the burden.
There is really nothing to fear. You can privatize an apartment with a debt for housing and communal services and even sell it after that. Failure to pay the previous owners of the property will remain with them until the very end.So, the new owners should not pay off the accumulated debts for the "communal" from the previous residents.
About litigation
When collecting documents necessary for privatization, some authorities may require a certificate of the absence of debts from applicants. Its absence often becomes the basis for the refusal to issue the requested securities and privatization in general. As we have said, such a phenomenon is illegal. Will have to defend their rights in court.
Is it possible to privatize an apartment with communal debt? Yes. And the court, based on the law "On Privatization", will side with the plaintiff. At the same time, as has already been emphasized, all accumulated debts will be assigned to those living in the apartment. And even after its sale, debt repayment obligations will not be transferred to the new owners.
Registration of property rights
It is clear that you can privatize an apartment with debts for rent. But to do this in real life is problematic. Therefore, experts recommend either getting rid of debt, or be patient and go to court.
If citizens were not denied privatization, then after checking the documents, you can go to the city administration and sign a privatization agreement there. With him you need to visit the Rosreestr. This is where the re-registration of property rights takes place. Applicants must bring with them: passports, cadastral passport, privatization agreement.