The beginning of the 90s of the last century was marked by the mass privatization of state property and the state housing fund, and certain terms were set that limited the effect of free housing privatization. They have already managed to change several times, so today many citizens are asking the question: "What is the final term for the privatization of apartments?"
Definition
What is privatization? Under the current RF Housing Code, citizens ’right to housing may arise as a result of its free privatization, that is, the transfer of state or municipal housing into private property through a special legal procedure. After privatization, the owner of the housing (usually an apartment) has the right to dispose of it, that is, give, sell, bequeath, mortgage, etc. Participation in the privatization of housing is possible only once in a lifetime.
In the same way, any operations with land plots are possible only after the privatization of land has taken place, the procedure for which is established by the RF Land Code. Citizens using land plots for a specific purpose indefinitely or with the right of life inheritance have the opportunity to privatize them for free.
Status of the process of housing privatization in Russia
Today, about a third of the housing stock in Russia has not yet been privatized. Wherein municipal housing basically already transferred to private hands. Therefore, the local authorities did not have at their disposal a social housing fund to provide it to the poor waiting people, residents emergency homes and other categories of citizens entitled to receive one. Thus, the waiting list is doomed to long years of waiting, while the non-privatized part of the housing stock could become the basis for the formation of a social housing fund due to the natural decrease in the number of tenants. It was these considerations that constantly led many legislators to oppose the extension of privatization terms.
When will privatization end?
The beginning of free housing privatization was laid in 1992. At first, this process was generally indefinite. However, the adopted new RF LC established its final date - January 1, 2007, which was shifted three times before the start of the current year: first - until 01.03.10, then - until 01.03.13, and finally - until 01.03. 15 g
At the end of February this year, one of the leaders of the Just Russia party faction in the State Duma in the State Duma, Ivan Grachev, said that his faction supported the extension of privatization for another three years - until 03/01/18. However, the United Russia faction opposed this proposal. As a result of inter-factional negotiations, a compromise was found, as a result of which the terms of privatization of residential premises occupied by citizens on a social hiring basis were extended only until 03/01/16.
What is the reason for the last shift in the end of privatization?
What is housing privatization? This is a way to support citizens in difficult economic times. Indeed, not all Russians managed to exercise their right in previous years. It is not without reason that the explanatory note to the bill on changing the terms says about the inadmissibility of deprivation of citizens living in shabby and emergency housing and pending resettlement, their legal right to free privatization of housing.
The waiting list awaiting social housing may also be in the same situation. After all, if it is received by them after 03/01/16, then they will not have the right to privatize it, i.e.they will be infringed upon in comparison with those who managed to privatize housing before this date.
In addition, the extension of privatization was the topic of a large number of requests from Crimeans and Sevastopol residents, since they had little time to prepare documents on Russian samples. Indeed, after all, only one year has passed since the moment when two new entities appeared in the Russian Federation. Obviously, this period was clearly not enough. Today, Crimeans in a relaxed atmosphere submit relevant applications, considered within a period of up to 2 months.
The shift in terms will reduce the queues in state bodies, which will lead to an acceleration of the privatization process itself. And in order for it to go smoothly, you need to know all the subtleties regarding the registration of social housing in private property.
Will privatization of housing be extended again?
Forecasting the scenario of the further fate of housing privatization in Russia is still difficult. The existing deadline was adopted as a result of a compromise. There are three possible scenarios for resolving the issue:
- Privatization will be paid. After 03/01/16, citizens who wish to make the social housing in which they live their own will redeem it from the state for a certain percentage of its market or cadastral value.
- The Soviet system of free housing for the waiting list will be replaced by a contract for its non-profit hiring. Today, tenants indefinitely use non-privatized housing under a social contract of employment, and after their death or departure, housing is transferred to the registered children or grandchildren (if any) or given to the waiting list if there are no registered relatives, and also until 01.03.16 such housing can be privatized . But this scheme can be replaced by the provision of social housing for temporary use on a rental basis, and it will not be possible to privatize it.
- It is possible that privatization after March 1 of next year will remain free only for certain categories of citizens, and in relation to all others, the issue will be completely closed.
- What decision will be made by the authorities, so far no one knows. Whether the privatization will be prolonged or not, one can only guess at this point. But the procedure for transferring state or municipal housing to private ownership should exist after the completion of free privatization. Its order should be set out in a separate federal law, but today there is no such law. Therefore, it must be remembered that the privatization of the apartment on March 1 of next year in a free version will become impossible.
Pros and Cons of Housing Privatization
A citizen living in an apartment of a municipal or state housing fund does not have the right to dispose of it. Being a state property, the apartment in the event of non-payment of utility bills or after the death of a childless responsible tenant, inscribed in the warrant, will be transferred to the municipality.
What is apartment privatization? It will provide an opportunity to sell, give, lease or mortgage your home in a bank. Finally, an elderly and lonely owner of an apartment can enter into a life-long maintenance contract with someone (dependent or paying rent) in exchange for transferring the apartment to the property after his death.
In a privatized apartment, you can enter or write out any person at the discretion of the owner, it can bequeath or inherit in accordance with the legislation of the Russian Federation.
A privatized apartment can be redeveloped by improving your living conditions in this way.
However, privatization has contraindications.
So, if you live in a dilapidated house and are waiting for resettlement, then privatization simply does not make sense. Indeed, even if the privatization of housing ceases after 01.03.16, no one has yet canceled the FTP “Housing”. So the residents of emergency homes will continue to be provided with social housing free of charge.
Residents of communal apartments are also not at all profitable to privatize them, since it is much easier to get a social housing fund from the municipality than to sell a communal apartment or a privatized dormitory room.
Owners of privatized apartments pay annual property tax and pay for maintenance and repair common house property. Therefore, for single and elderly citizens with minimal incomes, a privatized apartment can become a burden, however, if any trustee under a lifelong maintenance contract or annuity does not incur these costs.
And finally, all heirs can apply for a privatized apartment if the owner has not made a will. For an apartment to go to a specific person, you need to compose it, and this is a rather troublesome business.
Privatization of the apartment: documents
When any redevelopments are carried out in a non-privatized apartment, they should be legalized according to all established procedures. Otherwise, privatization will not be allowed, and the tenant will have to return the apartment to its original form.
Persons directly applying for a share in the ownership of the apartment, or their attorney must contact the BTI (or MFC) in order to draw up a privatization agreement with a package of documents, which includes:
- An order or social rental contract for an apartment. In the absence of these documents are ordered in EIRTs (in those cities where they are created, for example in Moscow).
- Cadastral passport received at Rosreestr and technical passport issued at BTI.
- The apartment personal account, which indicates that utility bills are paid and there are no debts on them.
- Documents confirming the identity of each applicant for a share in the ownership of the apartment.
- All who are registered in the apartment must be indicated in the extract from the house book provided.
- Citizens previously participating in the privatization registered in the privatized apartment provide Certificates in form No. 2 on their non-participation in privatization.
- Extract from Rosreestr issued by the Property Management Department of Rosreestr or the district administration.
- Extract from the Unified State Register of Rights to the privatized apartment.
- Extracts from the Unified State Register of Rights in form No. 3 for each privatization participant with a list of real estate in their ownership and the grounds for their acquisition.
If a child with a guardian is registered in the privatized apartment, then the following shall be provided:
- document confirming its purpose;
- permission to participate in privatization;
- in the presence of minor children specified in the social contract of employment, but discharged from the privatized apartment, they are obligatory participants in privatization, and therefore the following is granted: permission to participate in privatization; extracts from house books from the old and new place of residence of the child.
If, for carrying out such a procedure as privatization of an apartment, documents are submitted by an attorney, then he must have notarized power of attorney from all who claim a share in the ownership of the apartment.
After a minimum of two months, the privatization agreement is executed in the number of copies equal to the number of participants in the privatization.
This should be followed by an appeal to the Registration Chamber in order to register ownership and obtain the appropriate certificate.
Privatization of land in Russia
In the last quarter of the last century, many Russians got summer cottages obtained at the place of work. Then it was enough to become a member of a gardening partnership and take possession of a small piece of land, usually with an area of 6 acres.
But if earlier, for transferring the land to a new owner (the heir to the former), one could simply give him a new gardener’s book, and the new owner would take over the rights, then after the adoption of the RF RF in 2001 such a procedure was no longer possible.Today, there are only two options for obtaining land ownership - drawing up a lease agreement or privatizing a site.
Under certain conditions, every Russian who uses a piece of land indefinitely or with a lifetime inheritance can get it for free, subject to the following conditions:
- If he is the owner of real estate located on a plot of land not in his ownership.
- If he used the land under a lease for the purpose of housing construction or the management of a subsidiary farm even before the adoption of the RF LC.
- If he uses the site with his own residential building indefinitely or with a lifetime inheritable possession.
- his land is located in horticultural partnership and garage building society. In this case, privatization is carried out according to a simplified procedure and is called the "summer amnesty".
What is the privatization of land under the "summer amnesty"?
This is a special procedure for registering property rights to land in accordance with Law No. 93 of September 1, 2006, nicknamed “dacha amnesty”, although it allows you to register not only land plots under dachas, but also to obtain ownership of some real estate.
The subject of "summer amnesty" are land plots in horticultural partnerships and country cooperatives that were provided to their users before the adoption of the RF RF. This law has already allowed ten million citizens to go through the procedure of registering their rights to land and building on it in a significantly simplified manner.
But, as has often been the case in our recent history, rich in legislative changes, not everyone was able to meet the deadlines set for the “amnesty”. Therefore, the State Duma, as in the case of privatization of apartments, went along the beaten track and extended the “amnesty” until 03/01/2018. In this case, the Russian legislators made an additional gift in the form of an indefinite announcement of a simplified registration procedure for certain categories of property subject to Law No. 93. These are, first of all, horticultural and summer cottages, as well as those buildings for which construction was not required get permission.
Paid privatization of the land
If the land does not fall under the simplified registration of rights to it, then it must be purchased from the state. There may be different options and procedures related to the type of permitted use of the land. The redemption price can also be different: it can vary from the market price, which, of course, is not very profitable, to the cadastral one, and with the use of special reducing factors. Here, of course, one cannot do without consultations of specialized lawyers.
In order not to overpay at redemption, it is important to correctly determine the boundaries of the site, that is, to carry out a land survey, and document its size. The practice of land use gives many examples when “in the old” documents one area is listed, and after surveying neighboring sites and installing fences, it decreases by several hundred. And it is impossible to add a plot to the legal area (the neighbors have already documented the boundaries of their plots, and your land has already become their property).
There are also frequent reverse situations when the actual area of the redeemed plot exceeds that indicated in the available documents. This once again emphasizes the importance of the process of determining the actual size of redeemable land.
