Apartment privatization agreement: sample document and stages of privatization

Privatization of residential premises is a fairly simple procedure if you analyze the legal norms.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (499) 110-56-12 (Moscow)

+7 (812) 317-50-97 (Saint Petersburg)

8 (800) 222-69-48 (Regions)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

But in practice, a large number of nuances arise in this process.

It is not so easy to draw up an application for privatization if several people are registered in the apartment.

If anything is filled out incorrectly, the person will receive a natural refusal for their application.

Concept

Privatization is the free transfer of residential premises that are state or municipal property to persons who occupy them under social tenancy agreements.

Housing is provided to a strictly defined circle of people in accordance with the law.

This term is often used to refer to the process of transferring land into private ownership. Some citizens were given such objects for lifelong ownership. After some time, the owner may apply to register the land under the house as private property.

Legislation

  • The privatization process began after the entry into force of Law No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.” This document introduced requirements for real estate that could be transferred into private ownership. This act also contains criteria that people applying for privatization must meet.
  • The RF Housing Code describes important aspects of the privatization process. It is in this act that you can find information about the social tenancy agreement, the procedure for using rooms in the hostel, recognizing housing as unsafe, etc.
  • If a citizen is interested in registering ownership of a land plot provided for individual construction, or a summer cottage, then he should familiarize himself with the provisions of the Land Code of the Russian Federation. This comprehensive document describes all the legal grounds for the privatization of such objects.

Application for privatization of an apartment

To the Main Directorate of the State Housing Inspectorate of the Moscow Region Address: __________________________

Applicants: 1. ________________________ 2. ________________________ Address: _________________________

STATEMENT

I, _______________________ __________ born and my wife _______________________ __________ born registered and permanently reside in an apartment located at: ______________________. The indicated apartment was provided to us as military personnel (service housing). At the time of provision and currently, this apartment is in departmental ownership. In addition to us, our daughter is registered and lives in the indicated apartment - ________________________ ____________ born.

In accordance with Art. 40 of the Constitution of the Russian Federation, everyone has the right to housing. No one can be arbitrarily deprived of their home. State authorities and local governments encourage housing construction and create conditions for the exercise of the right to housing. Low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

Also, in accordance with Art. 2 Federal Law of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on social rental terms have the right to purchase them on the terms provided for by this Law, other regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, into common ownership or into the ownership of one person, including a minor, with the consent of all adults and minors aged 14 to 18 years who have the right to privatize these residential premises.

I, ____________________ and __________________ are pensioners, labor veterans, as confirmed by the relevant certificates (Copies are attached). Also, ___________________________ is a war invalid and has benefits established by Art. 14 Federal Law “On Veterans”.

In accordance with Art. 14 Federal Law of January 12, 1995 No. 5-FZ “On Veterans”, war disabled people are provided with various social support measures, including the provision of housing from the federal budget for disabled people of the Great Patriotic War, those in need of improved housing conditions, combat disabled people, those in need of improved housing conditions and registered before January 1, 2005, which is carried out in accordance with the provisions of Article 23.2 of this Federal Law. Disabled persons of the Great Patriotic War have the right to receive social support measures to provide housing once. Disabled combat veterans registered after January 1, 2005 are provided with housing in accordance with the housing legislation of the Russian Federation. Disabled people of the Great Patriotic War are provided with housing regardless of their property status.

In accordance with Decree of the President of the Russian Federation dated 05/07/2008 No. 714 “On providing housing for veterans of the Great Patriotic War”, in connection with the upcoming 65th anniversary of Victory in the Great Patriotic War of 1941-1945, paying tribute to war veterans, the President of the Russian Federation decided : Consider it necessary to complete the provision of housing for veterans of the Great Patriotic War, family members of deceased (deceased) disabled people and participants of the Great Patriotic War who have the right to appropriate social support in accordance with Federal Law of January 12, 1995 N 5-FZ “On veterans." Also, by his decree, the President of the Russian Federation instructed the Government of the Russian Federation to develop a Federal Law providing for the provision of housing at the expense of the federal budget for veterans, based on the total housing area per person of 22 square meters. meters. In accordance with Art. 2 of the Federal Law of the Russian Federation of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation,” citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials.

Based on the aforesaid and guided by Article. 2 Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”

PLEASE:

1. Consider the issue of concluding a social tenancy agreement with the Applicants for the apartment they occupy or providing the Applicants with residential premises under a social tenancy agreement for further registration of ownership rights to it (privatization); 2. Please send the response to this application to me in writing to the above address;

Appendix: 1. Copies of pension certificates; 2. Copies of military IDs; 3. Copies of certificates of war participants;

" "_____________2014_________________________________

Who can participate

People who meet the following criteria can obtain ownership of a municipal apartment:

  • having Russian citizenship;
  • permanent residents of a specific residential premises;
  • using the premises under a social lease agreement or on another similar basis;
  • those who have not previously applied for privatization;
  • submitted all supporting documents.

A citizen can participate in privatization again if he previously received ownership of residential premises (or part of it) before reaching 18 years of age.

This provision is enshrined in Article 11 of Law No. 1541-1.

Residential privatization agreement (sample)

If the contract is lost, how to restore it? Firstly, if there are several owners, then you can ask one of them for a copy.

If you are one owner, then you need to go to Rosreestr and ask for a copy of the agreement. The original is stored there along with data on the privatization of your apartment.

Only the owner of the premises can receive the document in his own name.

If you decide to privatize, take the time to study information about the correct execution of the procedure. It is quite possible that pitfalls await you ahead, for which you must be prepared. Perhaps you will meet them already when drawing up the contract.

In this article we will look at what documents are needed to register the privatization of an apartment, analyze the registration procedure and provide step-by-step instructions. You will also learn on what grounds privatization can be refused and how to refuse to participate in it yourself.

Privatizing a municipal apartment - step-by-step instructions

What it is

Privatization of housing is the transfer of municipal residential premises into ownership of the state tenant. residential premises with the registration of a certificate of ownership, which allows, in addition to ownership and use, the owner to also dispose of the apartment at his own discretion.

  • Having received ownership of a municipal apartment, the owner has the right to dispose of it: sell, exchange, rent, donate or formalize it in a will.
  • A privatized apartment can act as collateral for a loan for a bank.
  • Redevelopment is allowed in a privatized apartment.
  • The owner has the right to register and discharge tenants at his own discretion.

Cons: Actually, there are practically no disadvantages and most apartments in Russia have already been privatized.

Privatization is unprofitable if the housing is in a state of disrepair or if the tenant is lonely and elderly - after privatization you will have to make large payments to the state.

The social tenancy agreement indicates one of the residents - the main tenant, who will be the owner of the apartment after privatization. Also, members of his family will become the owners: spouse, children and grandchildren, parents, and other relatives.

How many times can you participate in the privatization of an apartment? Just one time.

Free privatization of apartments has been extended until 2018 - this information is contained in many media. In fact, this is not so, and after March 1, 2015, privatization will remain free only until March 2016.

Answering the question about when the free privatization of apartments in Russia ends, we can now give an answer with an exact date: March 1, 2016.

Who can privatize an apartment for free? Persons who did not have time to exercise the right to privatize an apartment in a timely manner - for example, as a result of serving a sentence in prison, for health or other reasons.

The privatization process (application) is free, but to obtain the required documents you will need to pay state fees. Most certificates and extracts can be obtained from the state. institutions for free.

The cost of a certificate of non-participation in privatization is 200 rubles, a duplicate of the social contract. hiring or warrant - 100 rubles, technical. passport (if the apartment has undergone redevelopment, you will have to issue a new one) - 3-5 t.

The state duty for the privatization of an apartment in 2015-2016 is 2,000 rubles - this is the cost of issuing a certificate of ownership.

For example, notary services for drawing up a power of attorney average 1,000 rubles.

Appearance of the apartment privatization document - certificate of ownership

Sample forms

Power of attorney for privatization of an apartment, sample: https://yadi.sk/i/eQM11R6GkDteT Application for privatization of an apartment: https://yadi.sk/i/RqWbD5_FkDteH Application for notarized refusal to privatize an apartment: https://yadi.sk/i/ jDdrWrR1kDteK

An apartment privatization agreement is a document on the basis of which municipal living space is transferred into the ownership of the tenant.

It is a bilateral document concluded between the landlord (local government bodies) and the tenant (citizen living in an apartment under a social tenancy agreement).

The housing privatization agreement has been lost, how can I restore it? If you lose a document, you must obtain a duplicate from the former owner of the residential premises, that is, the organization with which you signed it.

It must be restored without fail, since no transactions for the alienation of the property in the future will be possible without it. A duplicate will be issued to you within 7 days after submitting your application.

Documents required for concluding a privatization agreement in all constituent entities of the Russian Federation:

  1. application for privatization;
  2. identification documents of all family members involved in the transaction;
  3. technical and cadastral passports can be obtained from the technical inventory bureau. If a technical passport has not been issued previously, then you need to contact the BTI to draw it up;
  4. a social tenancy document or order is almost always in the hands of the tenant;
  5. certificate F3 of registration at the place of residence, issued by the Federal Migration Service;
  6. an extract about registered persons from the house register, taken from the housing and communal services department;
  7. a certificate stating that the person who will privatize the property has never taken part in obtaining housing. This certificate must be obtained from Rosreestr;
  8. an extract from the housing and communal services department stating that there is no debt on current payments for the apartment;
  9. if one person is involved in privatization, then all other family members must give him permission to complete the transaction, certified by a notary;

It happens that people lose their privatization agreement, which creates unnecessary hassle. The lost document needs to be restored, and the sooner the better. The absence of a contract makes it difficult to buy and sell, exchange, pledge, and inheritance of housing.

Restoration involves issuing a duplicate of the privatization agreement. The legal force of the document is not inferior to the original. The question arises, who issues duplicates and how to get it?

Procedure for recovering the loss:

  • Remember who gave you the original document, find the address of the municipality.
  • Submit an application for a duplicate of the contract.

The application can be submitted in any way: in person, by mail, through a legal representative (for children), by power of attorney, through State Services.

  • Please wait while your application is processed.
  • Get a finished duplicate.

There are cases when the administration refuses to issue a duplicate. This usually occurs through the fault of the applicant himself. For example, if you provide an incomplete list of documents, you will violate the structure of the application... Having eliminated the violations, you can apply for a duplicate again. If the refusal is not motivated by anything, seek legal protection.

What kind of housing can be registered as a property?

There are certain requirements for objects transferred into the ownership of citizens during the privatization process. Not subject to denationalization:

  • dorm rooms;
  • residential premises in buildings recognized in the appropriate manner as unsafe;
  • apartments and houses located in closed military camps;
  • service housing.

How long will it take to sell an apartment after privatization? What does privatization of land under an apartment building give? Find out here.

This list is defined in Law No. 1541-1 and is closed.

Housing that is privately owned and rented out for commercial rent is also not subject to privatization.

Sample application for privatization of an apartment: how to write, where to get it

The service of registering a new owner is paid; the state fee is 2,000 rubles. The privatization itself is carried out free of charge. In order to complete the procedure correctly and not have your application rejected, you must enter all the necessary data into the document.

The location of the details on the form itself may vary from region to region, but the requirements for the content of the document remain unchanged. The applicant must fill in the following information:

  • a list of persons participating in the procedure for registering rights to real estate, with the full name and signatures of each;
  • list of papers that are submitted along with the application.
  • name of the authority that accepts the application;
  • Full name and contact details of the applicant;
  • address of the object that is subject to privatization;
  • status of living space (municipal or state housing can be privatized);

Attention! If any citizen participating in the privatization process cannot fill out the form, only authorized persons have the right to write on his behalf. Non-participation of any person deprives him of the opportunity to obtain housing ownership.

If such persons refuse to register the object, they must provide written confirmation that they have no claims. There are situations when privatization is impossible and, therefore, there is no need to submit applications. For example, acc. Federal Law N 1541, registration of ownership is not carried out in relation to:

  1. living space located on the territory of closed towns attached to military units.
  2. dormitories;
  3. emergency housing;
  4. service apartments;

Therefore, along with a written application, a certificate confirming the status and safety of the object is always submitted. Another condition for assigning an apartment is that the applicant does not own any other housing. This fact is confirmed by a certificate from Rosreestr. Also, the applicant must not apply for a mortgage. The housing for which the procedure has been launched may be in common ownership or in the possession of one person.

Citizens

Procedure

The whole process can be divided into several stages.

  • The first is preparation. Residents should discuss among themselves the possibility of privatization, its feasibility and the future fate of the apartment. It is also necessary to find out which of those registered has the right to receive property during the privatization process.
  • After this, the collection of documents begins. You need to make a list of papers that are required for privatization. If any documents are missing, they must be requested from the authorized government agencies. At this stage, the notarized consent of all registered citizens for privatization is issued.
  • The next step is to submit an application. The appeal is considered by the local property department. At the same time, all submitted information and documents are analyzed. The citizen will be sent a response upon completion of the review.

If the answer is positive, you can contact the municipal self-government body to draw up an agreement on the gratuitous transfer of property.

The future owner applies to Rosreestr with this agreement and application.

Employees of this department make changes to the Unified State Register within 5 working days. After this, the owner receives a contract with a Rosreestr mark, and the privatization process is considered completed.

List of documents

The following documents must be attached to the application:

  • applicant's passport;
  • certificate of all registered citizens;
  • passports of all those registered;
  • notarized consent to privatization;
  • registration certificate for the apartment;
  • social rent agreement;
  • an order for obtaining residential premises or a copy of the order of the executive authority to provide an apartment;
  • notarized power of attorney in the name of the applicant from all participants in the privatization;
  • certificate of non-participation in privatization;
  • an extract from the house register for the period from July 21, 1991 until the moment of moving into the current address;
  • extract from the Unified State Register;
  • other documents.

The specific list of documents depends on the legal status of the people living in the apartment.

For example, if one of the residents was deprived of legal capacity, then a copy of the relevant court decision must be provided.

Submitting an application for privatization

The appeal is submitted by all citizens who participate in privatization or have the right to it, but refuse. Presence is not required if there is a notarized power of attorney for another person.

If someone refuses

In the case where a citizen agrees that the apartment becomes private property, but does not want to have a share in it, he also signs the application.

There is no need to fill out a special document for refusal.

In this case, the person retains the lifelong right to use the apartment.

Even if it is sold to a third party.

If a registered citizen does not agree with privatization, then the application will not be accepted.

Sample document

An application for privatization of an apartment, a 2020 sample of which can be obtained from the MFC or the property department, is filled out right on the spot.


Photo: sample document

If something is unclear to a citizen, he can always ask for a completed sample or consult a specialist who accepts documents.

Form

The form consists of several parts:

  1. "A cap". This indicates the filing date and the name of the government agency to which the appeal is sent.
  2. Main part. The applicant requests that the residential premises be transferred to his ownership.
  3. Table. Information about registered citizens is entered here.
  4. Data and signature of the applicant and the specialist accepting the application.
How to fill out

Typically, the document has a printed background and blank fields that need to be filled out.

The form itself is printed in advance, and the applicant only needs to enter the necessary information in the appropriate places.

Content

The application must contain the following information:

  • information about the addressee;
  • FULL NAME. and passport details of the citizen;
  • information about the residential premises (address, area, number of rooms);
  • request to transfer ownership of the property;
  • information about family composition;
  • FULL NAME. each resident, his passport details, degree of relationship and a note on participation in privatization or refusal, their signatures;
  • signature, surname and initials of the applicant;
  • signature of the employee who accepted the application stating that the signatures of all family members are correct.

Certification and registration

The fact that the information in the application and the submitted passports corresponds is certified by the official who accepts the application.

The application is registered in the general manner, like any citizen’s appeal to a government agency.

If in the future a citizen needs a copy of the application, for example, for a bank when applying for a mortgage, then it can be obtained at the place where the application was submitted.

Where to submit

You can contact the local property department directly, through the State Services website or the MFC.

Also in some localities there are one-stop services. In Moscow, for example, such a service is called “My Documents”.

Review period

The appeal is considered within 2 months.

Is it possible to deliver other documents later?

The procedure for reviewing documents submitted for the privatization of an apartment or other residential premises does not provide for the provision of any documents later.

The appeal is considered as is.

If any information is not documented, a written refusal is required.

A citizen can supplement the package of documents and apply for privatization again.

However, the procedure takes a long time, and in some cases citizens are met halfway. An employee of the department contacts the applicant by phone and tells him what other document needs to be submitted.

How to correctly write an application for privatization of an apartment in 2020

For example, in large cities this is most often the city administration or a special committee for property management; You can fill out the application with a black or blue ballpoint pen, provided there are no blots, strikethroughs, corrections or other symbols in the document; It is most logical to fill out a ready-made form, rather than write everything completely by hand - this way there is less chance of making a mistake and missing something; After submitting the document, you must receive in return a receipt confirming acceptance of the application for consideration. The final version of the application is a form in A4 format, which details the property, its location and property rights.

This can be done by an adult citizen who is able to work and has the right to use the apartment on the basis of a social tenancy agreement.

If the housing is municipally owned, residents must figure out for themselves who exactly will be involved in the re-registration process. Important point! Everyone living in the territory of this apartment must sign the privatization application. Thus, they confirm the fact of agreement to the transaction and refuse further claims to the living space.

A sample document, which you can view below, will tell you how to correctly write an application for privatization of an apartment. There are several options for obtaining the form:

    In the administration of SMT, village or city. Please note that in some regions the forms may have slight differences in appearance, but the content of the document always remains the same; Download the form online, print it out and then fill it out by hand. It is important to take into account general recommendations.

After writing the application and preparing a package of documents, it should be submitted to the municipal authorities for consideration.

Here, if necessary, you can get prompt advice in case of problems or questions. DOWNLOAD DOWNLOAD During the filling process, you should carefully consider the contents of the document.

Registration through court

If the applicant is refused privatization, he can always appeal such a decision in court.

Before doing this, it would be advisable to consult a lawyer and prepare a documentary justification for the illegality of the refusal.

The district court makes a decision on the merits - to recognize the right of ownership of the residential premises or to refuse.

There are situations when a citizen lives for a long time in an apartment without being registered there. If privatization was carried out at this time, then he could simply be put out on the street.


Photo: sample statement of claim

In such a situation, it is worth filing a claim in court to establish the fact of residence.

Additionally, a request should be made to invalidate the contract if an agreement has already been drawn up for the free transfer of the apartment into private ownership.

How to file a claim

The application to the court for refusal of privatization must include the following information:

  • address and name of the court;
  • Full name, address and contact telephone number of the plaintiff;
  • FULL NAME. and the address of the defendant (the property department that gave the refusal);
  • name of the document (for example, “statement of claim to challenge the refusal...”);
  • information about the apartment: address, area, number of rooms, legal basis on which the applicant uses the premises;
  • information about whether the citizen previously enjoyed the right to privatization;
  • information about those living in the apartment and their consent to privatization;
  • information about the reason for which the defendant denied the right to privatization, as well as the date and number of such response;
  • reference to Article 2 of Law No. 1541-1 and 131, 132 of the Code of Civil Procedure of the Russian Federation;
  • requirement to recognize the citizen’s right to privatization;
  • list of attached documents;
  • date, signature, surname and initials.

How can you challenge the privatization of an apartment if you have written a refusal? Where can I get a certificate of non-participation in privatization? Find out here.

What is needed to privatize an apartment in 2020? Read on.

When there is no point in filing

There are a number of situations when a citizen definitely does not need to go to court.

  • So, if a person has previously used his right to privatization, then nothing can be done about it.
  • Or, for example, if a citizen was denied privatization of a room in a hostel because the building belongs to a certain organization or institution. Or the room belongs to official housing.

There are strict rules regarding such objects: they must belong to the local municipality and be provided under a social lease agreement.

In order not to waste time and money on state fees, it is better to consult with a lawyer regarding the prospects for judicial review.

Filling out an application for privatization will not be difficult if all registered citizens have decided in advance on their role in this process.

The best option is to issue a power of attorney for one representative.

Residential privatization agreement

An apartment privatization agreement gives a person the opportunity to become the owner of real estate and participate in transactions with it. This measure was developed at the initial stage of the formation of the Russian state and had the goal of providing citizens with housing. Legal acts regulate the process of gratuitous transfer of property into the ownership of Russians.

Who has the right to receive free real estate

Privatization is the process of free acquisition of premises by a person from state or municipal funds. It is the prerogative of only Russian citizens to acquire their own housing in this way. You can privatize houses, apartments, and the rooms in them, provided that they are isolated. The norms define objects that are not subject to free transfer to citizens.

These include premises:

  • whose condition is recognized as emergency;
  • located in dormitories;
  • in towns with military status;
  • in the housing stock used for living during the performance of official duties.

It is possible to privatize premises in houses requiring major repairs, subject to the condition that such repairs are carried out by the previous owner.

Procedure for concluding a transaction

To obtain ownership of a home free of charge, you must follow the established procedure. The agreement on the privatization of residential premises is concluded after consideration of the application.

The paper is signed:

  • personally by the employer;
  • family members whose age exceeds 14 years;
  • representing minors on the basis of the law;
  • citizens whose right to use housing is preserved.

In case of temporary absence of any of the above persons, notarized consent is provided.

Close relatives based on cohabitation include:

  • spouses, provided that their relationship is officially formalized;
  • parents and children of the employer.

To recognize other people as family members, it is necessary, in addition to living together, to establish the fact of running a common household.

If children have lost both parents, then the guardians must complete a transaction within three months to transfer the real estate into the ownership of the orphans.

The following are attached to the application:

  • social contract hiring, warrant;
  • confirmation that the person has not previously participated in privatization;
  • permission from the guardianship/guardianship authorities, if required;
  • an extract from the personal account confirming the absence of debt, issued by the management organization;
  • technical passport of the premises (done by an engineer, the service is paid);
  • for minors - birth certificates, copies of passports of other privatization participants;
  • an extract from the apartment card indicating the degree of relationship of those living together.

Persons under 18 years of age have equal rights with the employer, provided they live together and are closely related to him.

If there is an agreement, the transfer of property can take place in favor of any family member (even if he is a minor), otherwise the housing will be transferred into joint ownership. The document is drawn up in writing and certified by a notary office.

Under this condition, it must be taken into account that this rule, according to which the alienation of real estate leads to the termination of rights of use, does not apply to persons living in it.

The courts in such disputes refer to the fact that, by giving his consent, the person intended to retain the possibility of indefinite use of the home.

Consequently, even when making civil transactions (purchase and sale, donation), these persons can continue to live in the alienated area.

Making a deal

The transfer of living space is carried out on the basis of an agreement for the privatization of an apartment between the relevant body and the citizen; notarization of the transaction is not required, just as no state duty is charged.

Persons who are minors due to their age cannot be excluded from privatization, even if at the time of the transaction they live separately from the tenant, but they retain the right to use the premises.

Previously existing regulations allowed this, which subsequently led to numerous lawsuits from such persons. The transaction preparation procedure is carried out within two months from the moment the package of documents was submitted.

A reasoned refusal is communicated to the applicant within the same period.

A residential privatization agreement is not concluded for the following reasons:

  • emergency condition of the facility;
  • restriction or encumbrance imposed on real estate;
  • the tenant is a defendant in legal proceedings related to this housing.

The refusal can be appealed in court.

The paper must display:

  1. Full name and details of the parties.
  2. Location and technical parameters of the transferred object.
  3. Grounds for concluding a transaction (order, social lease agreement).
  4. If family members participate on the part of the employer, then each will have certain shares in joint ownership.

The document is subject to registration in the unified register of real estate rights, after which an extract from the above authority is issued.

The contract is the only document confirming a citizen’s right to real estate. Very often, this is considered to be a certificate of ownership or an extract from the Russian Register currently being issued, which is fundamentally incorrect. If the document is lost, the owner of the property will not be able to perform any actions, for example, donation, sale, and so on.

In such a situation, the question of how to restore the contract is very important. Provided that the document was transferred to the Russian Register, you should contact them there. When registering real estate, a document confirming the existence of the right is presented. If it was lost before contacting the above authority, then it will have to be restored by submitting an application to the former owner.

The municipality does not have the ability to refuse to provide a duplicate.

Deprivatization

Ownership of real estate imposes obligations on the owner for its maintenance. Thus, the burden of overhauling premises that have not been privatized will fall on its owner - the municipality.

A situation where the cost of maintaining an apartment is unaffordable for its owner may lead to a desire to abandon the property received free of charge. The norms of housing legislation allow the possibility of transferring privatized housing into the ownership of the municipality or the state.

To carry out deprivatization, an application must be submitted to the former owner. The municipal authority is obliged to accept the return.

However, there are a number of reasons that may serve as grounds for refusal:

  • participation in the transfer of real estate to children under 18 years of age;
  • availability of a deposit for the apartment;
  • legal proceedings against the owner of the area.

The one-time right to obtain free housing ownership in this case is considered used and repeated participation in the privatization process will be impossible.

How to restore a warrant for an apartment

According to the previously valid rules, the entire housing stock was state-owned. Citizens could only use the premises. The provision of apartments was the responsibility of executive committees and councils of deputies in the city/district. By decision of such a body, a warrant was issued, which was the only possible basis for moving into the home.

Citizens recognized as needing to have their living conditions improved could receive a warrant. The document was provided to the landlord, namely: housing and maintenance organizations (housing and maintenance organizations), institutions, enterprises for carrying out rental transactions (documented in writing).

Actually, this document was the decisive factor for concluding an agreement on the privatization of the apartment. The need to restore the warrant is usually associated with the absence of a lease agreement. The original warrant did not remain in the hands of citizens; at best, it was a copy of it. The original was kept in the housing department as a document of strict accountability.

Therefore, you need to go there first. If there is no paper available from the relevant company, a certificate confirming this fact is obtained.

Another authority will be the local municipality, where, perhaps, documents that were the basis for issuing warrants have been preserved in the archives. The negative result must also be properly documented and signed by a competent person.

In this case, you can draw up an application for concluding a social tenancy agreement and submit the following:

  1. Extract from the apartment card. It contains information about everyone currently living in the apartment, indicating the degree of relationship, and may also contain a link to what served as the basis for occupancy.
  2. Certificate of those registered in the premises.
  3. A document confirming payment of utilities and housing services in full.

Having received a refusal, a citizen can apply to the court to resolve the controversial situation.

A warrant for an apartment for privatization was issued until 1998. This document is still legitimate today.

The question of where to get a duplicate of the employment contract is resolved using the above algorithm.

Features of transferring ownership of a dorm room

Until 2005, rooms in dormitories, which were classified as premises included in the specialized housing stock, were provided to citizens by decision of the administration of the organization in whose jurisdiction the building was located. This document was the basis for issuing the warrant. When moving in, the latter was kept by the hostel commandant.

There were standards for providing space per person - at least 6 m2, and an isolated room was allocated for the family. Citizens had the opportunity to privatize such premises with the adoption of the new housing code.

A necessary condition for this was the presence of an act of the authority, through which the hostel was transferred to the jurisdiction of the municipality. From this point on, the norms prescribed in the Housing Code apply to such housing. Consequently, the use of the room occurs in accordance with the social contract.

rental, which makes it possible for the resident to enter into a transaction for the transfer of premises. This procedure, as a rule, was applied to buildings that were on the balance sheet of enterprises.

Currently, dormitories are also an object in housing relations if there is a decision by an authority to classify the building as a special purpose fund. The premises included in it are provided under a lease agreement, which is of a fixed-term nature and excludes the possibility of transferring it into the free ownership of citizens.

Issues of privatization in inheritance law

To obtain ownership of an apartment, its owner must have a clearly expressed desire to become a party to the real estate transfer agreement.

As you know, an apartment becomes privatized from the moment this document is signed.

But what happens if a person dies? What are the chances of successors to include a non-privatized apartment in the inheritance estate? An explanation was given in this regard by the Supreme Court.

When resolving a dispute, it is necessary to establish the following facts:

  1. Availability of an application for concluding a transfer agreement.
  2. Lack of action to revoke the above document.
  3. Failure to complete the transaction for reasons beyond the control of the citizen (death).

Example:

Gr. Khramtsov filed a statement of claim containing the request:

  1. Declare illegal the decision of the local authority to transfer the premises located in the city of Smolensk for the use of the city. Zhmurkin.
  2. Include the disputed living space in the inheritance estate.

During the trial, it was established that the apartment at the specified address was provided to Khramtsov’s father on the basis of a warrant.

Shortly before his death, Khramtsov Sr. submitted a package of documents to register ownership of housing, but did not manage to receive a certificate of privatization of the apartment due to his death. The court satisfied the claim in full.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]