Talking about housing privatization has been going on in our country for many years. Some of the residents hastened to register the apartments as ownership, as soon as this was possible by law, while others still have not taken any steps in this regard. Which of them is right? What is privatization to whom and why is it needed? And can you do without it?
Privatization (from the Latin privatus - "private") is the process of transferring state or municipal property into the ownership of private individuals. It can be both free and for money. In our country, the privatization of apartments began in 1991, and since then most of the housing stock has been transferred from state and municipal ownership to former tenants.
This process continues today. Everyone who is about to start the procedure registration of the apartment as a property, inevitably there are a lot of questions about the order of its implementation and the composition of the required documents.
Privatization of an apartment: where to start?
Suppose you finally decide that it is time to secure the legal right to square meters. How to privatize an apartment on your own? The procedure here is as follows:
- We learn all the rules and nuances of paperwork that are required. We specify which of them are urgent, that is, they have a limited time period.
- We collect the necessary documents. Urgent - in the last turn.
- We make the design itself.
Below we will describe each item in detail. So how to privatize an apartment on your own? There are three main options.
Quick and easy
The first is general privatization (in which all family members participate). At the moment, doing this is quite easy. It is necessary to collect a minimum package of documents. All family members who have already turned 14, submit an application for the privatization of the apartment with copies of passports. Originals of documents will also be needed to identify applicants (birth certificates are presented for minors).
The privatization of an apartment in Moscow implies the submission of documents to the “single windows” of the Housing Fund Department - they are available in all administrative regions. Or you can submit them to the district council at the place of residence. But the most profitable and modern option is multifunctional centers (MFCs) that provide municipal and state services. For citizens, submitting documents to the MFC is extremely convenient, due to the optimal organization of the work of such centers on the basis of a single window. Their addresses can be found on the Department’s website.
Further work on the design of all the necessary papers is undertaken by specialists of these services. By law, the privatization period of an apartment is set within 60 days. The delay may be caused by the need for requests and verification of documents in other regions of the country (where the applicant could come from).
If you act independently
Another option is the independent privatization of the apartment. Where to start in this case? If you wish, you can on your own prepare a package of all the necessary documents and send for verification. An explication of the apartment or house premises and a cadastral passport will be required. As well as the originals of the warrant and the rental contract for the apartment, an extract (extended) from the house book, and, if necessary, a document confirming the change of passport.
If you want to privatize a room in a communal apartment, prepare a copy of your personal account.Residents who come from other regions are somewhat more difficult. They will need a document confirming that they did not participate in the privatization of their previous place of residence.
The collection and preparation of the necessary papers is a rather troublesome task in the conditions of our reality. Tip: before privatizing the apartment yourself, stock up on a considerable number of copies of identification documents and registration.
The third option is to conduct the process by proxy. It is suitable for those who do not have time or desire to engage in privatization on their own. A notarized power of attorney and a photocopy of the passport of the person on whom it is issued are added to the package of documents. Of course, the original will also need to be presented.
Required Papers
What documents to privatize an apartment will need to be collected? Regardless of which option you choose from the above, prepare the following papers:
- Plan of a residential facility (apartment), including a floor plan, with an extract from the data sheet and explication attached. This document is valid for one year. Carefully check it for errors in the addresses and surnames of residents so that, due to negligence of BTI employees, they do not have to collect everything anew.
- Order (statement on the provision of this living space for use). To him - a contract of employment. Attach two photocopies to the original. If suddenly the order is lost, it will also need to be documented and take a certificate from the city archive that it was available.
- It is desirable to have information on all residents about the data of their past passports - in case someone's document was lost or was somehow changed since 1991 (the reason for issuing a new one is indicated). Such a certificate, like the previous ones, can be obtained from the EIRC. If one of the former residents was discharged through the court, a copy of the court decision will be required. At the same time, the privatization period is increasing.
What more do you need?
Firstly, you need the passports of everyone who is registered on this housing (citizens over 14 years old are considered). Do not forget that they are subject to replacement at 20 and 45 years. Photocopies should be made from the first two pages and the one where the registration is indicated. If children under 14 years old participate, a birth certificate is required for each - the original and a copy.
Secondly, it is necessary to obtain a certificate certifying that this housing did not previously participate in privatization. Execute it at the state registration of property rights.
For those who have been registered in the apartment since 1992, information about the place of the previous registration will be required.
In addition, a fee should be paid and a receipt provided.
Other points
Some documents for the privatization of an apartment have a very short validity period, so they should be received last in order to avoid delay. For a residential building, this extract from the house book (1 copy) of all registered in it since the issuance of the order.
You will also need a copy of your personal account. It, like the previous document, is received at the EIRC. And the validity of both is only a month.
Where is the privatization of the apartment?
The right to free registration of housing in the property of any person receives once in life. Privatization can be either urgent or not urgent. The procedure for collecting documents is the same as in the Housing Office at the place of registration, and in other instances. The difference between the types of design is only in terms and price. For example, the privatization period of an apartment in the general case will be 3-4 months (due to the large amount of work on checking the documentation). A urgent fit within 10-30 days.
Money issue
How much does privatization of an apartment cost? From a legal point of view, this event is free, with the exception of state duty. For registration of the right of ownership, a fixed amount is taken, which is charged equally from all participants (that is, if there are more than one of them, it is divided into all).
Free privatization of an apartment does not imply a "free" receipt of documents in the BTI, which is subject to a separate calculation. The required amounts and terms should be specified directly in its territorial offices.
If there is absolutely no time or desire to conduct business yourself, there is always the possibility of paid consultations and services of third parties. How much does privatization of an apartment involving such specialists cost? The issue price may be up to 25,000 rubles, depending on the volume and completeness of services. Payment is possible in several stages on the actually completed work.
Is it possible to take ownership of a part of the apartment?
Unfortunately, an apartment can only be privatized in its entirety - for one or more people. The option in which part of it remains in municipal ownership is not provided by law.
In this case, the consent of all adults registered in this housing will be required. If, for example, one of the relatives does not express such, it is impossible to carry out privatization under the law.
Talk about social housing
Privatization of an apartment is the free transfer of living space from a state or municipal fund to private property. Apartments registered in a social tenancy agreement have the same status. Consequently, they can be privatized, like others. This is prescribed by the law of 07/04/1991 (No. 1541-1).
The documents for privatizing the apartment in this case will require the following: a certificate (f. 9) - 2 copies, a certificate (f. 7) - 1 copy, a registration certificate of the apartment - 3 copies, an explication, an extract from the state cadastre, originals and copies of identity documents for all residents, social contract, warrant (2 copies). If it was issued after 1998 - a copy of the order for its issuance.
If there is armor on the premises, a certificate is issued (f. 9) on protection since 1992, and another on the lack of privatization earlier.
If one of the residents does not want to become an owner, his refusal in writing is certified by a notary. Those who will not be able to personally attend assure him of the power of attorney on his behalf and make a photocopy.
If the passport data of one of the participants does not coincide with those indicated in the order, a document is needed to replace them (2 copies). In the event of the death of someone registered after 2000, a death certificate will be required. Well, of course, a receipt for payment.
Where to go?
Having collected the package of documents on your own, contact the Department of Housing Policy. Specifically, you will need a privatization department.
After submitting the documents, expect confirmation. The registration process, as a rule, takes several months (from three to five).
Then we get a housing transfer agreement and a certificate of registration with the UFRS.
When the apartment is service
How to privatize an apartment in this case? And is it possible? Service housing is subject to privatization if it has ceased to be such and transferred to a citizen under a social contract of employment. Then the general rules for such apartments apply.
What is needed for an apartment to have exactly this status? An employee of the company, registered and in line, who has worked at this place for more than 10 years and has occupied official housing, has the right to register this area for social hire. At the same time, the number of square meters per each family member should not exceed 18.
Workers have the same rights for less than 10 years, subject to any of the following conditions.
The employee was dismissed due to retirement due to old age, disability of groups I and II, which occurred as a result of injury or occupational disease due to the fault of the enterprise, to reduce staff or in connection with the liquidation of the organization. But all these privileges are applicable only to housing provided for official use by a public authority or an enterprise disposing of it on a sublease basis.
What is the status of the apartment?
There are situations when information about a privatized apartment or owner is required, including after his death. How to find out about its current or past status?
In the event that the housing was privatized after 1998, a request is made for extracts from the Unified State Register of Enterprises. It will indicate the description of the object, the rights registered to it and restrictions on them. As well as legal and judicial claims for the housing facility at the time of issuing such an extract.
If privatization took place before 1998, you should contact the BTI bodies that were in charge of these issues at that time.
Pay attention to a little-known moment. In a situation where the deceased tenant managed to draw up a statement of intent to privatize the apartment during his lifetime, it can be inherited. In case of refusal in the relevant instances, a challenge in court is possible.
Well, in addition, information on all apartments is contained in receipts for utilities.
Do I need to privatize housing?
The positive aspects of this action are not immediately visible. Tenants occupying premises under a lease agreement are exempt from paying property tax. But those who nevertheless registered the apartment as property have much more advantages.
Owners have freedom of action in relation to their property. To rent an apartment, they do not need to get permission from the authorities. A privatized apartment can bequeath or sold. You can choose the utility provider by the general meeting of owners.
When divorce proceedings The state apartment is divided equally between spouses. But an apartment privatized by one of them before marriage is his property and is not considered common property upon divorce. And if you want to exchange or sell housing, privatized apartments are usually a priority.
During the resettlement of the house in connection with the demolition, "ownership of meters" gives the right to move to housing with an area not less than the abandoned. But for a large family, huddled in a small apartment, this is rather a drawback. Since housing is more spacious (per each registered), they are not supposed to. At the same time, when providing living space to tenants during resettlement proceed from the norm of 18 square meters. m per person.
Other disadvantages of privatization
They appear in situations of non-payment of loans and other financial problems. The owner can say goodbye to the apartment, giving it in payment of debt. Living in a state house, you are insured against such a problem. This is explained by the fact that the tenant is not the owner of the state apartment, and cannot answer it for obligations.
In the event of a large public utility debt, the property of the owner is subject to seizure. The apartment is sold at auction, the money goes to pay off accumulated payments, the balance is returned to the owner. But this procedure is possible only if the owner has other housing. In this situation, tenants are evicted to a smaller area (6 sq. M per one).
Thus, you should compare all the pros and cons of owning your own apartment. It’s useful to know that the procedure is reversible - you can terminate the contract with the state (carry out deprivatization).
Terms of privatization of the apartment extended?
At the moment, most of the citizens of our country have already managed to take care of the transfer of public housing into ownership. Those who do not dare to do so have time: the privatization of the apartment has been extended until March 1, 2016.
About the possibility of translation municipal housing the property was declared in 1991, along with the entry into force of the relevant Federal Law. The completion of the process was supposed to be completed by 2007. But in fact, the privatization period of the apartment was extended, and they have already done this four times. For the first time - until 03/01/2010. But even then, citizens were in no hurry to acquire private property.
Therefore, the President of the Russian Federation signed a decree on the renewal until 03/01/2013, then for another 2 years, and then until 01/01/2016. The last date is the answer to the question: "How long have the privatization of apartments been extended?"
What awaits us after this number?
From this date, the right to free transfer of apartments to private status will remain only for certain categories - the poor, waiting lists, former orphans and orphans. Having received housing from the municipality, these citizens will be able to take ownership of it for free during the year. The privatization of the apartment after March 1 will cost the rest at market value.
Who needs it
What caused these extensions? Is the government so preoccupied that we all become property owners without exception? And why are people not in a hurry to meet these good intentions?
Everything is explained simply. It is enough to look at tariffs and utilities, and it becomes clear that repeated renewal is not at all the goal of giving valuable property to citizens. Change of ownership allows you to throw the burden of maintaining the housing stock on the shoulders of residents, reducing this item of expenditure for the municipal budget.
Now, the "happy" owners are entrusted with the duty of maintaining not only their apartment, but also the common areas. And major repairs of the house are their personal headache.
And then ...
In the future, the government plans to calculate property tax based not on the inventory value, as it is now, but on the estimated value. Practice shows that this value is often completely unjustifiably overstated, exceeding the market.
It is this fact that stops those who have not yet managed to formalize privatization. According to experts, these are about a quarter of the total number of people living in apartments.
Many families have been waiting in line for housing for many years. Most of them hope that with the end of the privatization period the situation will improve. That is, the queues "move" faster. As you know, municipalities build houses on social programs without much enthusiasm, as the moved in residents immediately privatize the area.
As a result, the total turn in the country has grown to 3 million people, the average waiting time for an apartment in Moscow is 21 years, in St. Petersburg - 25 years.
Latest news
At the end of February 2015, the State Duma considered documents to extend the period during which free privatization is possible. It was decided to increase it for exactly another year. The relevant bill has already been passed. And for some categories (for example, immigrants from the decrepit fund) they are thinking about perpetual privatization. After all, after March 1, 2016, orphans and other state-sponsored people will somehow be left with nothing.
At the same time, the term "Country Amnesty" was extended by a full three years. The document is approved at the time of writing in the first reading.
Representatives of A Just Russia proposed postponing the completion of privatization until 03/01/2018. This version of the bill was approved in the first reading. But United Russia did not agree to vote for such a long time.
What caused this?
Deputies explain the decision by caring for residents of emergency and dilapidated houses. It also implies the observance of the interests of the waiting list. According to statistics, currently about 83% of all housing has been privatized.
The deputies decided that during a period of economic instability, extending the terms for another year would relieve the country of additional social tension.
Another argument is that it is necessary to give new citizens of Russia - residents of the Crimea and Sevastopol to take advantage of their rights. In numerous appeals to deputies, they repeatedly asked for an extension of the term by at least one year.
There is no answer yet to the question of why privatization should not be made indefinite at all. Although an opinion has already been voiced: they say that it is beneficial for local officials.After all, the more residents will be able to privatize their apartments, the less contributions to the repair and maintenance of housing will fall on the share of the city budget.
