Privatization of housing under a social contract of employment. Privatization Law in Simple Words

Many Russian citizens live in apartments, renting them from the state or municipality on a social hiring basis. The legislation of the Russian Federation suggests that this type of housing can be free of charge registered as part of privatization. What are the nuances of this procedure?

The essence of privatization

What is the privatization of social housing? This is a procedure involving the legal transfer to ownership of citizens of residential premises that belong to the state or municipality and are transferred to people for use on the basis of social tenancy. Privatization of housing in Russia began in 1992. Those people who received apartments from Soviet enterprises, departments, as well as authorities, had the opportunity to make them personal property.

Is privatization free?

Yes. The law on housing privatization implies that in general, citizens will be able to carry out this procedure for free. Possible costs that were associated with privatization, include only the purchase of the necessary forms of documents and, if necessary, payment of notary services.

Today, the bulk of the rights that citizens of the Russian Federation received in 1992 remains relevant due to the fact that the main provisions of the law remain the same as those that were determined at the first stages of the approval of the privatization institution. And therefore, the prospects for this procedure appeal to many citizens. The most important thing is to meet the deadlines that the legislator has determined for residents who wish to take ownership of the apartment. How long is the state ready to wait until a person decides to participate in privatization? Consider this issue.

Privatization Terms

The timing of housing privatization in Russia is an interesting aspect, which has become the subject of active discussion. At the time of granting the right to privatization to citizens of the Russian Federation, it was assumed that they would have time to re-register housing into ownership before 2007. But subsequently, the time frame within which the Russians can carry out this procedure was repeatedly extended. When does privatization of housing in Russia end? There is no exact information about this. According to a recent order of the President of the Russian Federation, citizens have the right to register an apartment by March 2016. The terms of housing privatization in Russia are constantly being extended, but it cannot be clearly said how long the legislator will remain loyal to citizens.

Who has the right to privatize an apartment?

The right to take part in the registration of ownership of housing is available to all those who are registered in the apartment provided for social welfare. In some cases, it is also possible to involve relatives and citizens authorized to carry out privatization in this process. However, any person from among those registered in the apartment for which the property right is being renewed can refuse to participate in the process in question. However, he will retain the right to reside in it. Free housing privatization is available to Russians only once.

Where to go to citizens who want to take ownership of an apartment? As a rule, the executive authority in the structure of the municipality deals with such issues. Consider the specifics of the activities of these structures in more detail.

The tasks of the authorities

What are the tasks assigned to officials by the Law on the privatization of housing? Consider the list of basic powers vested in the relevant institutions of political governance:

• Reception of citizens on the privatization of housing, available at the social contract of employment;
• issuance of necessary receipts and forms related to the relevant procedure;
• advising on all necessary issues regarding the participation of citizens in privatization, providing all the necessary information regarding the collection of documents;
• preparation of requests to housing and communal services for the issue of necessary sources, registration of document management procedures in the internal registry;
• reception from citizens who wished to privatize the apartment, applications, documents, reconciliation of received data with BTI and other organizations competent in the issue of transferring housing into the ownership of private individuals;
• certification of signatures of participants in legal relations in the field of privatization, verification of information in documents provided by citizens;
• registration in the required number of housing transfer agreements, which are then signed by visitors.

The authority responsible for assisting citizens in exercising the right to privatize apartments should identify errors and inaccuracies in the documentation provided by customers. If necessary, the relevant department should issue notifications, according to which the work with certain sources is legally suspended.

Also in the competence of the authority is the transfer of documents to the Rosreestr (the agency responsible for registering ownership of housing). Similarly, he receives from Rosreestr certificates confirming the transfer of the apartment into the possession of citizens, and then in the prescribed manner transfers them to residents.

Privatization Benefits

For what purpose do citizens of the Russian Federation strive to arrange ownership of an apartment in which they live on social hiring? The main motivation of many Russians is as follows: privatization makes it possible to take possession of an asset with a large market value (what are the prices for housing in the Russian Federation - everyone knows). Subsequently, the apartment, which is registered in the property, can be sold or leased. Privatization of housing under a social tenancy agreement suggests that a citizen becomes a full-fledged subject of relations in the field of private property.

One of the disadvantages of a socially rented apartment is that it cannot be sold or rented out without the consent of the owner. In addition, there is a likelihood that the state will wish - for one reason or another - to relocate citizens from one district of the city to another (for example, if it is planned to convert the residential building into commercial premises). If the apartment is owned, a person can decide for himself, agree to move or refuse it.

Disadvantages of privatization

There are also disadvantages in the implementation of the procedure in question. As a rule, while the privatization of housing under a social contract of employment has not been carried out, the amount of utility bills is less than in the case when a person owns an apartment on the basis of property rights. But the prospects for acquiring a full-fledged market asset usually impress citizens more than the possible overpayment for housing services.

Documents

What documents are needed in order to legally privatize housing in the Russian Federation? A complete list of relevant securities is established by the authority in whose competence the relevant procedure is carried out. But in general, if we talk about established practice, the standard package of documents looks like this.

1. First of all, it is necessary to obtain written consent for privatization from citizens living in the apartment.Moreover, if someone expresses unwillingness to participate in the relevant procedure, the refusal he will also have to issue in writing, and then notarize. If a person refuses to privatize, then the other owners will not have the right to carry out the procedure in question. But it is possible to use various judicial mechanisms in order to find a compromise.
2. If minors live in the apartment, you will need to obtain permission for their participation in privatization by the guardianship authorities. It is important not to make a mistake: many citizens prescribe children before privatization. If this is done less than six months before the submission of documents for the renewal of housing into ownership, the registration authority will refuse to carry out the procedure. Children over 14 years old, in addition, must, like adults, sign a consent or refusal regarding participation in privatization.
3. It will be necessary to collect documents proving the identity of each of the residents of the apartment: passports, birth certificates.
4. You will need the original contract, under which the housing is transferred to the possession of the state or municipality in the manner of social hiring. In some cases, it can be replaced by an order of an established form. It will need to be submitted to the municipal authority, to the competent department: the privatization of housing should be its main activity.
5. An extract from the personal account in the housing and communal organization will be needed, confirming that the residents have no arrears in paying for the meters.
6. Will need extract from the house book. They usually give it out at the passport office.
7. The most important document is a certificate from Rosreestr, confirming that the participants in the privatization had not previously exercised the right to register ownership of apartments in which they lived on social welfare.
8. In BTI you need to issue an apartment registration certificate. This document will also need to be reissued if there was a redevelopment, after which the housing structure was significantly changed.
9. You will need a certificate from the Unified State Register, which confirms that the apartment has not been privatized before.
10. In addition, it will be necessary to fill out an application for privatization on a form provided by the authority responsible for carrying out the relevant procedure.

Depending on the requirements of a particular municipality or the authority responsible for privatization, the list of documents considered by us may be supplemented. It is also possible to the extent that the legislation makes any adjustments. All necessary consultations regarding privatization should be provided by citizens to the competent authorities.

Document collection: priority

What algorithm should be used to privatize housing under a social contract of employment? First you need to collect those documents, a list of which we presented above. At the same time, it is recommended to start with the registration of the technical passport of the apartment - usually it takes the most time to get it.

Appeal to power structures

The next step is to contact a competent authority that deals with issues such as privatization of housing under a social contract of employment. There it will be necessary to fill out a statement of desire to register the apartment as a property. All eligible residents must participate in this procedure. Those who refuse to participate in privatization are required to submit to the authority a written refusal, certified, as we noted above, by notary. Simultaneously with the application, all other papers must be transferred.

Signing of documents

The next step is the signing of an agreement on the transfer of housing in the manner that is regulated by the Privatization Law. This document should be prepared by the authorities. This usually takes some time, of the order of two weeks.This agreement will be the key basis for the subsequent registration of ownership of the apartment.

After carrying out all the procedures with the participation of citizens and authorities, the documents are transferred to Rosreestr. Within the time period established by law, the agency draws up ownership of the housing and issues the corresponding certificate to the apartment owners.

Costs

We noted above that the Law on Privatization assumes that the corresponding procedure will be free. But some costs are still possible. Their structure may look something like this.

Rosreestr will take a small fee for registering ownership of an apartment - about 500 rubles.

Preparation of a registration certificate is most often a paid procedure. Estimated prices for it - about 1 thousand rubles.

In some regions, a fee is charged for issuing certificates stating that a person did not participate in privatization. The prices for this service are about 100 rubles.

Extract from the USRP is also usually paid. It costs about 500 rubles.

Privatization restrictions

We examined what the terms of privatization of housing in the Russian Federation are and what is the standard procedure for carrying out this procedure. We will study the aspect regarding restrictions in the exercise by citizens of the corresponding right.

It is impossible to privatize separate rooms in dormitories, as well as housing in disrepair. Apartments located on the territory of military camps, as well as those belonging to the category of service, are not subject to registration as property of citizens. Premises owned by organizations cannot be privatized either.

Thus, it is possible to transfer to private ownership only housing from a municipal or state fund.

Disposal of an apartment after privatization

Many citizens try to meet the deadlines guaranteed by law for the privatization of housing, since, apart from all the advantages noted, this procedure involves transferring the apartment to the tenant's shared property.

This means that each of them gets the right to dispose of their "meters" as an independent asset. A share can also be sold or leased. At the same time, the other co-owners who participated in the privatization have the primary right to purchase it.