Privatization of the purchased apartment

The question of whether a purchased apartment should be privatized is asked by people who bought real estate on the primary or secondary market. What will happen if we do not engage in privatization? Is it dangerous to refuse the procedure or is it better to protect yourself and your property? Read on to learn more about the necessity and feasibility of the procedure.

The essence of privatization is the transformation of municipal housing into private ownership. As a result of the procedure, the citizen becomes the owner of an object that he previously could only use (for example, on the basis of a social tenancy agreement). The concept of privatization first began to be used starting in 1991 - it was then that people began to engage in privatization en masse. According to statistics, today at least a third of housing still belongs to the state.

• Is it mandatory to engage in privatization or is it voluntary?
• Positive aspects of privatization
• Privatization of a purchased apartment: possible problems and risks
• Who needs privatization
• Conclusion

Is it mandatory to engage in privatization or is it voluntary?

The law states that registration of privatization is not the responsibility of citizens, but their right. Consequently, the answer to the question of whether the apartment should be privatized is negative. Each family is free to make this decision, having assessed all the pros and cons of registering real estate as their own. As already noted, today more than a third of housing belongs to the municipal fund.

Most often, people decide not to privatize for a number of reasons:

1. It's easier. Families in non-privatized apartments live in them on the basis of a social rental agreement. It gives the right to register your children here, as well as close relatives or just acquaintances;
2. According to the law, it is impossible to evict such a family “to nowhere”. After the death of citizens registered in a municipal apartment, their heirs acquire the right of lifelong residence;
3. It's cheaper. There is no need to carry out major repairs on your own - all work is carried out by the Housing Office. In addition, the family does not have to pay property taxes.

Citizens living in a non-privatized apartment are only required to pay on time for used utilities and maintenance of the property.

As for the privatization of a purchased apartment (for example, with a mortgage), the feasibility of privatization is in question here - the buyer already becomes the full owner of the property. Therefore, there is no need to re-register ownership.

Is it possible to privatize housing if there is already another property?

If there are such individuals (parties or representatives of parties to the transaction) who knew in advance about the factors that led to the recognition of the invalidity of the transaction, they are considered to have acted in bad faith. Such actions can be assessed by the court in a separate process, up to the opening of a criminal case for fraud, blackmail, etc.

• When the privatization of an apartment is declared invalid, the parties must return the received property, in this case the residential premises, to the ownership of its previous owners: municipal or state authorities.
• The subject of the case in court is an agreement on the transfer of a state-owned apartment or house into the ownership of citizens.

Provided that such citizens carry out the deprivatization procedure.

Important! The return of already privatized residential premises to the ownership of the municipality or other government bodies that were the original owners of the housing is called deprivatization or deprivatization.

Carrying out this procedure allows certain categories of citizens (see above) to re-privatize another residential property.

Important

The abandonment of previously privatized housing is carried out voluntarily or in court. Often this method of resolving property disputes is used when it is necessary to restore the legal rights of residents that were erroneously or intentionally infringed during the initial privatization process.

Having private property, is it possible to privatize another apartment?

If a person does not live permanently in a specific living space, he does not have the right to privatize it.

Persons declared incompetent by a court have the right to privatize residential premises, but their interests must be represented by guardians or representatives of guardianship and trusteeship authorities.

There are also no restrictions on participation in such a procedure for disabled people, who can represent their interests both independently and with the help of their representatives (guardians or persons for whom the corresponding notarized power of attorney has been issued).

Is it possible to privatize an apartment if there is property?

Who can participate in the privatization of an apartment? Is everyone entitled to free housing? Who has the right to privatize an apartment? According to Article 2 of the Law “On the Privatization of the Housing Stock of the Russian Federation,” all those people who are registered in the premises that are the object of the procedure have the right to participate in the procedure for obtaining free housing, if the right to reside in it was obtained on the basis of a social tenancy agreement and recorded by the appropriate order. Current legislation does not impose age restrictions on participation in such a procedure.

This means that those people who have not yet reached the age of majority and live in a specific apartment or house can take part in the privatization of residential premises. However, after reaching the age of eighteen, such citizens can participate in such a procedure independently.

Is it possible to privatize an apartment a second time?

Attention

It doesn’t matter how many apartments you own, the main thing is that they are not privatized by you. The transfer of residential premises into ownership is formalized by a transfer agreement concluded by state authorities or local governments with you, as the recipient of the residential premises.

In this case, notarization of the transfer agreement is not required and no state fee is charged. The contract for the transfer of residential premises into ownership must include minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with the minors, or minors living separately from these persons, but who have not lost the right to use this property. living space.

Is it possible to privatize an apartment if you have already participated in privatization

According to the law, persons living in a privatized apartment under a social tenancy agreement have the right to receive it from the state. Thus, when interpreting the legislation, it can be clearly noted that the right to free privatization if you own housing cannot be canceled.

The only exception is when the property has already been acquired through a free privatization procedure.

What to do to realize the opportunity? How to privatize an apartment if you have already participated in privatization? What actions need to be taken if there is an opportunity to participate in the re-privatization procedure? In the event that the right to re-privatization can be exercised, it is necessary to carry out a number of actions to prepare for obtaining a certificate of ownership of the resulting housing.

Answer No. According to Article 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991 N 1541-1, you, as a citizen of the Russian Federation who has the right to use residential premises of the state or municipal housing stock on the terms of social rent, have the right to purchase it on the terms provided for by law . Grounds for refusal of privatization:

• there is no confirmation of the consent of all residents to the privatization of living space;
• there is no information about registration since 1991, and you are obliged to provide it;
• an unauthorized redevelopment was carried out in the apartment;
• the apartment cannot be privatized because it does not fall under the status of living space subject to privatization;
• the housing fell under emergency status.

You can participate in the privatization of a municipal apartment if you have not previously participated in privatization. A sample statement of claim to the court for recognition of the right to privatize residential premises can be downloaded here.

Allowed number of times for participation How many times can one person privatize housing? On July 4, 1991, law number 1541-1 “On the privatization of housing stock in the Russian Federation” came into force.

Its creation was aimed at fully working out the nuances of the transition of the housing stock managed by the state into private ownership. According to Article 11 of this law, you can participate in the procedure for obtaining housing from the state free of charge only once.

Even if a person refuses previously privatized property, it returns to the ownership of the state, but the right to re-privatize for such a person is not restored.

Is it possible to privatize housing if there is already another property in the property?

Is it possible to privatize one more apartment, another? How many apartments can one person privatize? Is it possible to privatize an apartment if there is other property? There are often cases when a person applying for an apartment through privatization already owns some kind of housing (for example, received it by inheritance). And here a completely logical question arises: is it possible to participate in the procedure for transferring housing from the state to such a person? The answer to this is not as clear as it seems at first glance.

On the one hand, quite often municipal authorities interpret ownership as a basis for denying the right to free privatization. However, this is a clear violation of current legislation, since, according to Art.

• Providing documents that can confirm a person’s right to participate in re-privatization (for example, documents indicating that a person has received the status of a migrant from the Far North and the return of a previously received apartment to state ownership).
• Drawing up an application to the administration authorities for participation in the privatization procedure and providing all documents as evidence of rights to participate in it.
• Registration of the acquired ownership right by registering with the Rosreestr authorities and obtaining a certificate confirming the acquired right of ownership, disposal and management of property.
• In order to avoid refusal to grant the right to free privatization, it is necessary to correctly prepare all the documents that will act as an appendix to the application for the provision of an apartment or house.

Source: https://advokat-na-donu.ru/mozhno-li-privatizirovat-zhile-esli-v-sobstvennosti-uzhe-est-drugoe/

/ Customs law / The privatization agreement was concluded but the right was not registered

The results of privatization can only be reviewed in court at the request of an interested party. The ex-husband is not such a party and has an indirect relationship with this apartment - the right of residence (which, as I understand it, arose after privatization).

State registration is of a declarative nature and no one has set deadlines for submitting documents for registration of property rights.

The contract is valid! In short, you need to apply (submit all the necessary documents for state registration: registration certificate, a copy of the application for privatization (taken from the body where the apartment was privatized), an application for registration of rights, an application from the body for registration of the transfer of rights, a privatization agreement... in everything to me!). And wait for an answer... I think they shouldn’t refuse - there is no reason....

The right of ownership of real estate acquired by virtue of acquisitive prescription is subject to state registration after establishing the fact of acquisitive prescription in the manner prescribed by law.

Pay for response Continue dialogue Sincerely, lawyer Valentin Valentinovich Mozolev, 9-981-109-44-54 Thank you for your response! Do you have an answer to this question? You can leave it by clicking the Reply button Similar questions In 2003, I sold my living space.

Unfortunately, I still didn’t know about the possibility of returning a tax deduction for the sale of real estate.

Attention

Questions: 1 This year I defended my diploma on June 10, but we still haven’t received it. Constantly the same thing, call in a week. My father died in 1999. No one has registered the inheritance until now. We are four children, my mother is alive.

The apartment privatization agreement was not registered

The privatization agreement was drawn up in 1993 but has not yet been registered with Rosreestr. What does this mean? question number No. 3952657 read 333 times Urgent legal consultation8 free Verification of contracts from 500 rubles.

• Nothing. Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” Article 6. Recognition of previously arisen rights 1. Rights to real estate that arose before the entry into force of this Federal Law are recognized as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.

Registration of a privatization agreement (terms)

Official registration is the only evidence of the existence of a registered right (clause 5 of Article 1 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”).

To carry out registration, it is necessary to collect a certain package of documents, follow the procedure established by law, pay a fee, and send papers to the territorial offices of Rosreestr or the MFC.

Officials of the registration authority check the information received and, as a result, make decisions on refusal or permission to state registration of rights to the property.

Question Refusal to accept documents in Rosreestr My husband and I privatized an apartment, after which we sent an application and a package of documents for state registration. An amount of 2,000 rubles was attached to the list of required information as payment of the state duty.

Inheritance of a share in an apartment if the privatization agreement has not been registered

To terminate the agreement, you must submit an application for termination to the local administration. The department will consider the application within the prescribed time frame and express its opinion on this procedure. Important! To transfer an apartment back to municipal ownership, it is necessary that the local administration body agrees to such an action.

Judicial practice on invalidating a privatization agreement According to the Civil Code of the Russian Federation, a housing privatization transaction can be invalidated. To do this, a citizen whose rights were violated as a result of an illegal transaction may file a claim with the court to declare the contract void or voidable.

When considering the application, the court will take into account the provisions of the Civil Code of the Russian Federation regarding the invalidity of transactions, in particular, Art. 166-181.

Registration of ownership of a privatized apartment

State registration of the transfer of ownership is carried out within no more than 10 working days from the date of receipt of the package of documents. Documents for registering ownership of a privatized apartment State registration of ownership on the basis of a privatization agreement is carried out by collecting the following package of documents:

• Statement of the established form from one or more owners.
• Documents establishing ownership of residential premises (in this case, a privatization agreement).
• Cadastral passport, which can be obtained from the Bureau of Technical Inventory (BTI).
• Extracts from the house register and personal account.

The privatization agreement has been concluded but the right has not been registered

Documents are issued in the departments of housing and communal services (HCS).

• Passport details of all registered citizens, birth certificates of minors.
• A receipt confirming payment of the state fee.

Additionally, you may need the following information:

• If the interests of a person are represented by an intermediary, then a power of attorney certified by a notary is required.
• Certificate of marriage registration or divorce.
• Consent of the guardianship and trusteeship authorities, if minors or incompetent citizens are registered in the apartment.

A notarized waiver may be required from persons who did not take part in the privatization. As a result of its registration, the shares in the apartment of the refused participants will be transferred to the owner who registers the transfer of rights.

What to do after signing After concluding an agreement with the municipal authority, the document must be registered in the territorial division of Rosreestr. If this is not done, the transaction will be declared invalid and the ownership will not be valid. To register a privatization agreement, the following documentation must be submitted to Rosreestr:

• the applicant’s passport or other identity document;
• a thorough document of the origin of the right (privatization agreement);
• act of acceptance and transfer of housing;
• receipt of payment of state duty.

As soon as the agreement is registered and the corresponding entry is made in the Unified State Register, the citizen will receive a certificate of registration of property rights.

Positive aspects of privatization

Here are the main arguments for why to privatize an apartment:

• A citizen cannot be evicted for utility debts. You can try to collect the debt in court, but even so the person will not be deprived of his property;
• An apartment is a guarantee of a calm and comfortable existence in the future. The cost of real estate is growing exponentially, so if you have the opportunity to privatize a property for free, you should not miss the chance;
• The ability to make decisions about the registration and discharge of other citizens. It is much easier to evict a former spouse who refuses to privatize;
• The object can be inherited, and in general the owner’s rights are not limited. If he wants, he exchanges the apartment for a larger one with an additional payment; if he wants, he uses it to generate passive income by renting it out.

If you do not privatize the apartment, you can only count on living in it on the basis of a social tenancy agreement. With purchased real estate, everything is different - the purchase and sale agreement already serves as a sufficient basis for registering property rights in Rosreestr. Therefore, the privatization of the purchased apartment is not important - in fact, it already completely belongs to the buyer.

Documents on privatization of an apartment: how to get and where to restore

Documents on the privatization of housing include an agreement on the transfer of ownership of the apartment, a certificate of completion of the procedure issued to each person participating in the privatization. Without them, it is impossible to complete housing transactions.

Let's consider the main points of the contract and the privatization certificate, and the features of obtaining these documents. Where can I get samples? Is it possible to change items in them? What to do if privatization documents are lost, and how long will it take to restore privatization documents?

Obtaining documents on the transfer of housing into ownership is the final stage of privatization. They confirm the legality of the procedure and provide grounds for carrying out various transactions. Without them, it is impossible to sell, exchange, or donate living space. Documents must be legal, correctly drawn up, have signatures and seals. Without proper registration, they will not be considered valid.

Documents on transfer of ownership of an apartment

Where can I get a certificate or how can I find out about the privatization of an apartment? To obtain this data, you can contact the following authorities with the appropriate request:

• Bureau of Technical Inventory;
• Unified state register of rights.

After privatization of an apartment, the following documents are issued:

• certificate of transfer of housing ownership;
• privatization agreement;
• application for the procedure.

Privatization agreement

The privatization agreement is the main document in the procedure for transferring living space and ownership. It does not need to be certified by a notary.

The privatization agreement is prepared by the bureau providing the relevant services.

After this, the owner needs to put his signature on it, and the agreement is sent to the Federal Registration Service. You can get it there. In this case, you need to pay a fee.

The agreement includes the following items:

• indication of address, square footage, number of rooms and other information about housing;
• parties to the agreement (owners and local governments);
• data of privatization participants;
• owner details;
• an indication of the shares for each owner if the share system is used;
• clauses regarding the responsibilities of the parties;
• General terms.

The document is stamped. You can view a sample agreement on any legal website.

A privatization agreement will be considered legal only if it has a stamp from the authorized registration authorities.

A privatization agreement can only be concluded if a number of conditions are met.

• Citizens intending to take part in the privatization process have registration in this housing or reservation of an apartment.
• The right to free transfer of ownership of housing is granted only once, and therefore, if the right to privatization has already been used, an agreement cannot be concluded.
• Possibility of privatization . Not every living space can be privatized; for example, problems may arise with the privatization of a service apartment.
• Participation of all persons registered in the apartment in concluding an agreement on voluntary terms.

Since there is not much time left, the question becomes relevant: is it possible to privatize an apartment with debts on utility bills? The answer is in the previous article.

Certificate of privatization

A certificate of privatization of an apartment can be obtained as follows:

1. Order an extract from the cadastral passport of housing from the technical inventory bureau . Before issuing it, the apartment must be inspected by a BTI employee.
2. Pay the fee.
3. Contact the housing registration center and write an application.
4. Get a certificate . The deadline for registering ownership of an apartment in Rosreestr is here.

The document includes the following points:

• the date on which it was issued;
• documents that formed the basis for ownership;
• owner data;
• information about living space;
• cadastral number;
• certificate number;
• seal, signature.

A certificate is issued to each person participating in privatization.

You can view a sample certificate, as in the previous case, on the legal website.

Document recovery

Sometimes documents confirming privatization may be lost or damaged, but without them it is impossible to carry out transactions. Find out whether it is possible to sell an apartment immediately after privatization on our resource. If there are no documents, then you should think about restoring them.

To carry out this procedure you will need:

• Passports of all persons;
• Funds to pay the fee.

To restore the privatization agreement and certificate, you need to act step by step.

1. Find BTI at your place of residence . The address can be found through the official resource of the Bureau of Technical Inventory. The “branch map” section will help you with this. Just click on the link for your place of residence, and you will be able to see a list of BTI available to you. In medium- and small-sized cities there is usually only one bureau. In large cities, there is one BTI per district;
2. If the privatization was shared , you must first contact all owners. All homeowners with passports must appear at the BTI.
3. It is better to sign up at BTI in advance . In this case, you will save time, since there are usually long queues at the office.
4. Appear on time and write an application for a duplicate of the required document . The application indicates the reason for the absence of the original: loss, theft, damage.
5. Pay the cost of document restoration . Payment is made through the BTI cash desk or through a bank. The price of the service depends on the region.
6. Pick up the document in 1-2 weeks.

Without privatization documents, any transactions with housing are impossible.

Although all privatization documents can be restored, it would be better to ensure that they are in one place to prevent loss. The restoration procedure will take you 2 weeks, and you will have to pay for it. It would be wiser to prevent the problem.

Privatization documents contain standard information: information about living space, owners, and the responsibilities of the parties. A sample agreement or certificate can be found on the Internet. If the standard clauses of the document do not suit you, you can simply supplement it with the necessary clauses.

For additional information on this issue, please see the “Privatization” section here.

Source: https://napravah.com/kvartira/privatizaciya/podtverzhdajushhie-dokumenty.html

Privatization of a purchased apartment: possible problems and risks

Privatization can begin in relation to municipal or state housing. With purchased residential buildings and apartments, everything is simpler - privatization is not needed here. During the process of concluding a purchase and sale agreement, the property will be transferred from one owner to another. Based on this document, the fact of transfer of ownership will be officially registered. Thus, the new owner does not need to prove his right to the property - it is already legally his. Proof of this fact is the certificate of ownership, which must be obtained at the end.

Similar rules apply to cooperative housing, the privatization of which is not a prerequisite. To get a cooperative apartment, a person is required to pay all share contributions in full and obtain a certificate of absence of debt. The document must bear the signature of the chairman and accountant - only in this form does it serve as the basis for registering the right of ownership.

However, when buying an already privatized apartment, you need to carefully study the seller’s documents. Otherwise, the following problems may occur:

1. Persons will be registered in the privatized apartment, who after some time can declare their rights to the object. For example, a person will return from prison;
2. Other persons who are not among the owners may be registered in the apartment, but they retain the right to reside in this living space;
3. During the privatization process, the previous owners excluded children from the transaction, who, after reaching adulthood, can seek protection of their rights in court, up to the termination of the contract and declaring it invalid.

Therefore, even at the stage of checking documents before concluding a purchase and sale transaction, it is important to once again clarify the data on registered and resident persons and whether there are any minors among them. Otherwise, privatization carried out by the previous owner may play a cruel joke on the new owner.

New law: how to calculate tax on the sale of an apartment for individuals

Before selling an apartment, the owner needs to find out whether, as a result of the transaction, he will have an obligation to pay income tax, how the tax base for calculating personal income tax will be calculated, and which deduction is more profitable to apply. Despite the fact that income tax in Russia is paid taking into account many rules, exceptions and clarifications, it is not difficult to calculate the amount of personal income tax yourself.

We recommend reading: Personal Income Tax Fine for Late Payment 2020

Let us tell you in more detail how the tax on the sale of an apartment is calculated in 2020-2020. The new law does not provide special conditions for pensioners and other benefit categories. As a general rule, the obligation to pay personal income tax on the sale of an apartment, house and other real estate applies to all citizens of the Russian Federation, but there are exceptions when it is possible to avoid paying tax or reduce its amount. More on this later in the article.

Who needs privatization

It is recommended to pay attention to the possibility of privatization for people who have heirs and who want to leave their property to them on the basis of a will agreement. Also, privatization is “shown” for people with good family relationships and those people who are able to maintain their property themselves. In any case, privatization serves as a kind of additional guarantee of the safety of one’s property. In any case, each person is free to make his own decision; no one is forcing him.

Is it necessary to privatize an apartment purchased in a new building?

The question is unclear, since it is impossible to buy a non-privatized apartment. That is, if you bought it, it means it has already been privatized. Most likely, you purchased an apartment for other reasons that are not a purchase and sale agreement. In this case, you can privatize it.

Denis Kryuchkov, commercial director of the real estate agency “Ryadom”, answers:

If the apartment was purchased under a purchase and sale agreement, the transfer of ownership under the purchase and sale agreement is registered with the Federal Registration Service, then you do not need to do anything else. You are already the undisputed copyright holder of the apartment. Apartments transferred to citizens by local governments or the Ministry of Defense under a social tenancy agreement are subject to privatization.

Nikolai Lavrov, head of the interregional housing program “Moving to St. Petersburg,” General Director of the Real Estate in St. Petersburg Group of Companies, answers:

If you bought an apartment on the secondary market under a sales contract and registered it with Rosreestr, then you must have an extract from the Unified State Register of Real Estate Rights (USRN) on plain white paper with a blue stamp.

It says that you are the owner of the apartment at that address. You must also have a copy of the apartment purchase and sale agreement, signed by you and the seller, with a square blue seal on the back, which contains the registration number that matches the extract from the Unified State Register of Real Estate.

This means that the property is registered in your name correctly and you are the owner of the apartment; you do not need any additional “privatization”.

Privatization is the free transfer of state property, that is, an apartment, into the ownership of people living in it under a social tenancy agreement. This has nothing to do with your situation.

Answered by K. Yu. n, general director of legal Alexey Kuznetsov:

The essence of privatization is the acquisition by a person of property that is state or municipal property into private ownership. Moreover, only housing that a citizen uses under a social rental agreement is subject to privatization.

Why is the privatization procedure carried out? Mainly - to gain the opportunity to dispose of real estate: sell, donate, exchange, bequeath. By purchasing an apartment on the secondary housing market, you have acquired someone else's ownership rights.

As a result of this, they themselves became the owner of the premises and automatically received the right to dispose of the acquired property. Moreover, it does not matter who originally owned the property right: a specific person or a public entity (state or municipal government).

You, the current owner, can do whatever you want with your apartment.

Consequently, it is not necessary to privatize the purchased housing, or rather, it is impossible. The apartment is already your private property.

And this right has passed to you as a result of a purchase and sale transaction from the previous owner. How he acquired ownership of the apartment as a result of privatization or another transaction does not matter.

The premises are already in private hands, and therefore the very essence of the privatization procedure is obviously lost.