Pros and cons of privatizing an apartment. Stages of privatization of an apartment

Now there is often debate about whether it is worth privatizing housing, who can do it, how it can be done. In this article you will get answers to many questions that interest you. First of all, you will learn the concept, as well as the pros and cons of privatizing an apartment.

What is a procedure and why is it needed?

So, the presented process is characterized by the transfer of municipal housing into the ownership of the tenant on a voluntary basis. After the procedure, the owner of the apartment receives a special certificate that proves its legality. Privatize a room can be one or more people.

As for whether this process should be carried out, the issue is controversial. In order to decide, you should find out all the pros and cons of privatizing the apartment. The most important indicator is that you can do anything with your property.

Procedure benefits

First, consider what benefits the presented actions can bring. So, we can highlight the advantages of privatizing the apartment.

1. You can freely dispose of your property. That is, you will have the opportunity to sell housing, rent it out without the permission of local authorities, bequeath or share.
2. It will be difficult enough to evict you from your home, even if it exists rent arrears. Privatization can also protect you from scammers and speculators.
3. Thanks to the procedure, the owner has the right to register in the apartment or to write out from it the one whom he considers necessary. However, no municipality permissions are required.
4. You can mortgage your own housing when you receive a loan.
5. The privatization procedure is currently free.
6. If necessary, you have the opportunity to cancel the process or reverse it.
7. The owner can re-plan the privatized apartment, make major repairs in it. In municipal housing this is not permitted.

Disadvantages of the procedure

Naturally, not all that glitters is gold. The presented process is not without flaws. For example, you can highlight the disadvantages of privatizing the apartment.

1. The owner will have to pay a single property tax, the amount of which may vary.
2. Privatized apartment can be shared by all the heirs, and not just the homeowner.
3. The duration of the procedure is free of charge.
4. The owner pays all utility bills on their own, and they are much higher than for the municipal premises. The fact is that in the case of privatization, a person is limited in the right to receive subsidies.
5. In the event of an emergency that entailed the destruction of the apartment or its significant damage, the owner will carry out repairs at his own expense.

What buildings cannot be privatized?

Naturally, this process can be beneficial to many citizens, however, it also has its limitations. The rules for privatizing apartments established by the Government of the Russian Federation provide for the presence of several categories of premises that cannot be transferred to sole private ownership.

1. Square meters in those houses that are in disrepair and are planned for demolition. The exception is structures that will be reconstructed or in which major repairs will be carried out. They can be privatized quickly enough and without any problems.
2. The area in closed houses (in military camps, reserves, secret facilities, in the exclusion zone).
3. In some cases, it is not possible to own dormitory rooms.
4. Service housing. However, there is an exception: if the apartment is in the housing stock of state farms and village councils, then in most cases it can be privatized.

In addition, no one will give you permission to purchase ownership of housing, which was provided for free use.

In principle, these are all restrictions on obtaining property. Naturally, the rules for privatizing an apartment contain a large number of nuances that a professional lawyer or a notary public will help you figure out (if necessary).

Who is eligible for such property?

So, the Housing Code of the Russian Federation clearly defines those who are allowed to carry out such a procedure.

1. The person who rents the housing presented on the basis of a social contract of employment and is registered in this building, as well as members of his family who are constantly living with him.
2. You can not ignore those people who are temporarily absent from the apartment (military service, prison term, long business trip). Reservation is reserved for them regardless of the time of their stay outside the apartment.

Those people who temporarily reside in the area presented do not have the right to complete the privatization of the apartment, even if they are relatives of the owner. However, if such a need arose, then the person should be registered in the room with the permission of all relatives there.

Privatization implies the ownership right of all who fit into the contract in equal shares.

Who has the priority right to free transfer of housing to private property?

The pros and cons of privatizing an apartment you already know. Now consider the question of who can get it in their property for free. These are categories of citizens established by the state.

1. Families of military personnel who died while performing their professional duty.
2. Disabled childhood of the first and second group.
3. Beneficiaries.
4. Veterans of the Armed Forces and labor.
5. Families of persons killed in the performance of their duties in the workplace.
6. Large families.
7. The liquidators of the Chernobyl accident and their families.

Privatization methods

In the country there is not only the right to obtain private property. There are mechanisms through which it can be issued.

1. Gratuitous transfer of living space to the owner, taking into account the standard number of square meters laid down by law to him and his family. Moreover, the calculation is conducted not only for each person separately. The family is provided with an additional number of square meters.
2. Sale of surplus living space to state citizens who have apartments in emergency homes or stand in line to improve their conditions.

It should be noted that the owner gets non-residential common territory for joint use, for which he is also responsible.

Conditions and stages of obtaining private ownership of an apartment through privatization

In order for the procedure to be legal, it must be carried out correctly. To do this, you must fulfill all the conditions for privatizing the apartment. First of all, a person’s desire and readiness is required for the fact that he will have to collect documents, observe the deadlines established by law. In addition, the future owner must be a law-abiding citizen who does not carry out fraud with the sale of property. Nevertheless, the main condition for privatization is the timely and correct submission of the necessary documents.

There is a certain sequence of all actions. It should be noted the stages of privatization of the apartment.

1. Writing a statement in the housing office.Moreover, during this procedure, all relatives of the owner who live with him in the same territory should be present.
2. Collection of documents and appeal to the privatization department located in the local state administration.
3. Registration of ownership in the Bureau of Technical Inventory and obtaining a certificate confirming the legality of the transaction.

What basic documents are needed?

The pros and cons of privatizing an apartment you already know. Now we will consider the question of what formalities need to be completed so that everything goes quickly and reliably. So, let's start with personal documents that you need to take with you.

1. Passport of a citizen of the Russian Federation, moreover, you need a copy certified by a notary and the original. Please note that the information on the surname, name and patronymic, as well as on the registration must be on one sheet.
2. Certificate of marriage.
3. Confirmation of the death of persons previously living in the given housing space.
4. Birth certificates of children under the age of 16, or their passport.
5. Certificate stating that none of the persons living in the apartment participated in privatization earlier.
6. A document that confirms the registration of the future owner in this housing.

Note that the privatization of the apartment (terms, documents for registration of property rights are determined by law) requires the provision of both original papers and their notarized copies.

What additional documents are needed?

Naturally, the previous list is not complete. If the apartment is privatized, the instruction provides for the collection of additional documents, without which the process cannot be continued. So, you need to provide some more papers:

1. Technical and cadastral passport for an apartment, which can be obtained from the Bureau of Technical Inventory. To do this, specialists should provide a social contract of employment or a warrant for the premises, the original and a copy of the passport of the owner of the housing, as well as an extract from the house book, the shelf life of which is 14 days.
2. Extract from Rosreestr. To apply for it, contact the Department of Property Management. At the same time, you also need to have certain documents with you: passports of all persons and the birth certificates of all the children who live in this apartment. In addition, you also need an extract from the house book and documentation received at BTI.
3. Next, you can begin to draw up a privatization agreement. This procedure also requires a considerable list of documents. Among them, one can single out a technical and cadastral passport, a warrant or an employment contract for an apartment, an owner’s personal account, which confirms the absence of debts for utilities, all passports and birth certificates of people living in the room, an extract from the house book for each participant in the procedure, a document confirming the non-participation of persons in privatization earlier, extracts from Rosreestr and USRP.

The privatization period is about 2 months.

Last but not least, you must obtain a certificate of ownership of the housing presented. To do this, you need all the documents indicated in the previous paragraph plus an agreement on the privatization of each participant in the procedure.

Some features of the process

Please note that if children lived in the apartment, but they were discharged from it, then they have the right to participate in all those matters relating to the apartment. However, the Guardianship Authority is already interfering here.

There are other features of the procedure.

1. Privatization can be free only once.
2. You can find out if the apartment is privatized in the Fed.
3. For registration in such an apartment, certain documents should be submitted.
4. It is possible to refuse this procedure or to privatize the apartment.

Is it possible to divide such property?

This question arises when it is necessary to formalize a divorce of spouses.Privatization of the apartment (the instructions have already been stated above) gives many advantages. However, the division of the room is slightly complicated.

During this process, the rooms can be in shared ownership, and the bathroom, toilet and kitchen can be shared. However, if such premises are completely isolated (for example, the apartment has two bathrooms), they can go into the private ownership of one of the spouses.

It is also possible to carry out the partition so that each room is a share in the common property.

Features of the content of such property

All utility bills and repairs in a privatized apartment are paid by the owner. In addition, he, together with other owners, is responsible for the common technical premises, as well as the territory adjacent to the house. Please note that basements, sheds or other utility rooms do not need to be privatized.

Owners can create communities with governing bodies that will be responsible for the maintenance and operation of the structure and all adjacent territories. Its activities are controlled by local authorities. Please note that you can not use playgrounds and other territories without permission. All actions on them are regulated by the Land Code.

Problems or disputes can be resolved privately or by court. Now you know how to arrange the privatization of an apartment, what advantages and disadvantages it has. Then you can decide whether to start such a process. Good luck!