Today, more and more apartments and other residential buildings that are in municipal ownership are becoming objects of privatization. This re-registration of real estate gives owners the opportunity to significantly expand their rights. Absolutely all citizens living in an apartment who have expressed a desire to receive housing in property can get this opportunity.
Privatization Options
Any owner of an apartment receives rights to it, limited only by law. All distribution of duties and rights takes into account the Civil and Housing Code. You can privatize an apartment:
- separately to one family member, having received written consent from other residents;
- all members of the family in equal parts.
It is very important to know that if there are minor children registered in the home, they cannot be excluded from the list of owners. Such decisions can only be made with the consent of the guardianship authorities, and they, as a rule, do not give consent. That is, children registered in the apartment under any conditions become the minor owners of the apartment.
There are nuances in the distribution of rights between adult family members. If privatization is carried out simultaneously for all registered citizens, then their rights take effect immediately after the registration of the transaction in the Federal Register. In this case, the right of ownership can be joint or shared, which has a key difference, while the registration is preserved in any case.
If one of the family members refuses to participate in privatization, then the others do not have the right to evict him or write him out, but the citizen himself, who has not expressed a desire to obtain property, loses the right to permanent use of housing.
What privatization does
A privatization agreement is drawn up only after a thorough check of all documents submitted to the municipal authorities for this. The content of the contract depends on the number of owners of the apartment and their will when drawing up the agreement. So, in the application for privatization it is necessary to indicate how many people claim the right to obtain an apartment in the property and how many tenants are listed in it. Persons who refuse the process must submit a written notarized refusal. Citizens applying for rights are required to personally contact the Rosreestr.
It is very important to indicate the future form of ownership of the apartment in the application form. You can choose a joint order or equity. The difference is that when sharing, any manipulation of housing should be carried out only with the consent of all parties. The owner of an apartment share can sell his part to another person without the consent of the others, but only with their obligatory notification.
Owner Rights
From the moment of registration of the privatization agreement and receipt of the relevant extract from the USRN, the rights of homeowners come into force.
The main features are as follows:
- Ownership. Thanks to him, the owner of the apartment can suppress all attempts by third parties to claim housing and hold real estate.
- The right of disposal. This allows the homeowner to sell the apartment, rent, give, inherit or exchange for any other housing. Obtaining permission for these actions is necessary only when two apartment owners or more are registered with equal rights to real estate.
- The right to use.This advantage enables the owner to independently make a decision on living in an apartment or renting it out to other persons in order to obtain material benefits. In this case, the tenant can be any person. Also, only the homeowner can allow relatives or acquaintances to live in the apartment.
- The right to force eviction. If there are legal grounds for this, the homeowner can easily evict other citizens from his apartment or arrange for their discharge. For example, if the period of temporary registration has expired.
- The right to bail. Only the owner of the apartment can use it as collateral for a bank or other financial institution when receiving a loan.
Owner Responsibilities
Along with the expansion of the rights to the apartment after privatization, the owners receive an additional list of new responsibilities. Now the cost of maintaining the housing should be borne only by the owner. If the entire apartment building is immediately privatized, then all apartment owners in it bear the costs of maintenance and common property (non-residential premises). An apartment privatized as a dwelling may be used only for the residence of the owner or other citizens with his permission. Also, each homeowner is required to respect the interests and rights of the owners of adjacent apartments.
Restriction of rights
Can the owner of the apartment really manage his property as he wants? In fact, the Housing Code clearly limits the rights of owners, although it makes them more extensive after privatization.
So, the owners do not have the right to redevelop the housing without an appropriate permit or to carry out any actions with the supporting structures of the building and its main communications. Without the permission of authorities and neighbors it is forbidden to use the apartment for commercial purposes and to place production on its area. This can be done only after the official transfer of the premises to the category of non-residential.
And can the owner of the apartment evict residents from it? Persons who voluntarily refused to draw up a privatization agreement, but who are registered in the apartment, cannot be deprived of their rights to permanent use of housing without good reason. Also, their opinion should be taken into account when selling a home. Even the change of ownership of the apartment should preserve the rights of home users. All disputes arising should be resolved by drawing up certain agreements.
Rights of registered citizens
Registration is permanent and temporary. A permanent one has no validity period and can only end at the citizen’s own will or by a court decision. Temporary registration has a specific validity period and after its completion can be extended by permission of the owner. Otherwise, residents are required to leave the apartment.
Regardless of the type of registration, all citizens who have it have the following rights:
- perform any actions that require a residence permit (get a job, take loans, give children to schools and kindergartens, apply for benefits, and so on);
- live on a registered area;
- register their minor children in the apartment without the permission of the owner.
Important! Such rights can be confirmed only by a written permission of the owner of the house or a lease and lease agreement with him, but even this does not give grounds to apply for a part of the property of the owner to the citizens registered in the house.
It is interesting, but after privatization, an unlimited number of people can register for housing, even with 3 apartment owners, no standards of living space are required to be observed.
Settlement Rights
The landlord himself decides which of the citizens to give permission for permanent residence in his apartment, and the will of the other residents have no weight in making the decision.Municipal authorities also do not have voting rights in this matter. Only 2 apartment owners or more (all owners) can agree on the registration of a new tenant. On a gratuitous or paid basis, a settlement contract will be concluded, for how long, only the owners determine. Also, after the citizens check in, the owner of the apartment has the right to monitor the tenants' compliance with the laws and all living conditions. If they are violated, the owner has the right to evict residents.
Grounds for Forced Eviction
Citizens with the right of permanent or temporary residence in an apartment can be evicted from it prematurely only in case of violation of the rules of the Housing Code. To do this, you need to prove that they have serious disagreements with their neighbors, large debts for utilities, or because of their damage to the property or part of it.
Temporarily registered persons can simply not renew their registration, after which they will be obliged to move out.
Eviction problems arise mainly between former family members with a permanent residence permit. If you want to write a former spouse, you must submit a divorce certificate or a court order.
Difficulties also arise in situations where the owner of the apartment is a child. It is simply impossible to evict him to minority, and if the mother receives custody after a divorce, then she can remain in the apartment legally.
Child rights
After a minor child is registered in the parents' apartment, he automatically becomes its co-owner. That is, when the parents divorce, even if one of them does not have the right of ownership, the child can apply for part of the apartment. Also, before reaching adulthood, the child cannot be discharged without the permission of the guardianship authorities, and, as a rule, he is not issued.
Rights of owners of apartments in MKD
Citizens of all cities of the country, without exception, must obey the rules of the Housing Code of the Russian Federation without exception: Moscow, Kazan, Novosibirsk, Nizhny Novgorod, St. Petersburg, Yekaterinburg. Owners of apartments in apartment buildings throughout the state have the opportunity to dispose of real estate at their own discretion and to use common property with other apartment owners on an equal footing.
All members of his family can also use real estate, but they no longer have the right to dispose of it.
Housing owners in MKD are required to comply with environmental, fire and sanitary standards of residence, as well as take into account the interests of owners of other apartments.
If the neighbors claim the owner’s housing or obstruct his further use of the property, the owner can go to court.
Demolition rights of homeowners
Municipal authorities can decide on the demolition of any house, but they are obliged to provide all apartment owners with equivalent housing costs or to purchase an apartment at market value, taking into account possible benefits for the owner. The provided new housing should be the same area and not require repair. A citizen becomes an owner of new housing only after he enters a new apartment and signs an agreement to demolish the old building.
Authorities must notify all citizens in writing of the demolition of the house. 12 months are usually given for eviction, but if the new house is already ready, then a shorter term can be allocated for the move.
Protecting property rights
Everyone knows that each owner is protected from the claims of third parties, but who acts as the guarantor of protection? The main bodies protecting citizens' rights to real estate are:
- registration authorities checking all documents before the transaction;
- Notary public registering the legality of the transaction;
- court considering all disputes;
- law enforcement agencies required to respond to the statement of the owner of a violation of rights.
There are situations when, immediately after completing a housing purchase and sale transaction, the former owner makes claims to the new and claims his rights to real estate. The owners of the apartment must decide the matter in court. In this case, it is possible to dispute the results of the transaction only within 3 years from the moment of their conclusion. In the future, you can defend your rights only in rare exceptional cases.
Conclusion
After the privatization of the apartment, its owners receive much more rights, but at the same time acquire new responsibilities. The exclusive ownership of the apartment does not allow the owners to do whatever they want, each right, as well as the obligation, is spelled out in the Housing and Civil Codes of the Russian Federation. If the owner cannot independently resolve the issue with citizens living on his square, then the court is involved in the process. Only the presence of all documents of title, good reasons and their evidence can help deal with ill-wishers.