How many times can one person privatize housing according to the law?

Number of times allowed to participate

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 possibility of repeating the procedure for such a person is not restored.

The only exception is made for those persons who, at the time of privatization of the real estate in which they were registered, were minors.

In this case, citizens can participate in the procedure again. But only once. The law does not allow repeated participation .

Find out on our website about the rights and obligations of the owner and registered persons in a privatized home, as well as the statute of limitations for invalidating privatization.

How many times can one person participate in the privatization of housing?

The owners pay general house expenses and the costs of major repairs. Every year, property owners must pay property tax. The owner of an apartment registered as a property is not provided with government assistance to improve living conditions. If you want to know how to deprivatize an apartment, we advise you to read the article. How many times is it allowed to participate? Each apartment tenant who has a social tenancy agreement can take advantage of the privatization right granted to him by Federal Law No. 1541-1 of July 4, 1991. Free re-registration of state-owned residential premises into personal property is enshrined in law in Article 11 of Law No. 1541-1 from 04.07.1991

(ed. December 20, 2017). The completion date of free privatization was repeatedly postponed. In 2020, restrictions on conducting the free process were lifted

How to take part in privatization again?

The first participation in the procedure does not cause any particular difficulties, especially since we have already described the step-by-step algorithm in our previous articles. You can check out:

“How to privatize an apartment, housing?”

“What documents are needed to privatize an apartment?”

“How to privatize land under a private house?”.

Re-privatization is not much different. The main thing is to adhere to the established procedure and provide a complete package of documents. Let's start with step-by-step instructions.

Order and procedure for re-privatization

Those wishing to take advantage of the second chance to privatize an apartment or housing must do the following:

Prepare documents for participation in the free procedure.
Confirm that resubmission of the application is justified.
Write a statement to the local administration.
Wait for approval from the authorities.
Complete the procedure by registering property rights in Rosreestr.

Thus, the procedure practically coincides with the algorithm for privatizing housing for the first time. Particular attention should be paid to the second stage - the evidence provided determines whether your application will be approved or rejected.

Documentation

The submitted documents can be divided into two categories: application + title documents for real estate, as well as evidence of legal participation in privatization for the second time.

The package of documents includes:

a copy of the applicant's passport with the original provided;
children provide a birth certificate;
documentation for the apartment - in particular, the registration certificate (a copy is sufficient);
a document confirming the right to transfer living space into private ownership - a social tenancy agreement or a warrant (for old apartments);
extract from personal account(s);
permission for privatization - housing should not be withdrawn from circulation;
written statements from all participants;
a refusal certified by a notary, if not all residents agree;
extended extract from the house register;
confirmation of legal participation in the procedure for the second time (certificate of minor age at first participation, certificate of membership in the category of residents of the Far North, certificate of participation in a paid housing transaction, etc.);
other documents upon request.

The above documents are annexed to the application to the administration. At the same time, you will need to draw up a separate application to Rosreestr.

The lawyers of our portal will best tell you about all the nuances. Request a free consultation and receive comprehensive answers to questions about the re-privatization of housing in Russia.

How many times can you participate in privatization?

The state gives the right to obtain housing completely free of charge and legally.
No, we are not talking about buying and selling or renting an apartment. There is a very profitable and simple procedure called privatization. But at the same time, the right to receive housing has a number of restrictions - a person can take advantage of the attempt to privatize an apartment or house only once in his life. True, there are exceptions here too, to which close attention should be focused. How many times can you take part in the privatization of residential premises? Who can take advantage of a second chance? We will talk about this below in detail.

We also recommend that you familiarize yourself with the timing of privatization - our separate article is devoted to this, how long does privatization last in Russia?

How many apartments can one person privatize?

Federal law allows one person or several people to re-register an apartment at the same time. The first case is registration of housing as sole ownership; the second is shared ownership of each of the participants. This begs the question, is it possible to privatize an apartment for one person in 2020 if he already owns another property?

It is impossible to answer the question right away - there are many examples of both approval and refusal by the authorities. General rule: privatization applies to one residential premises, and if children are involved in the procedure again - to a second housing or a share in it .

Tenants of municipal housing under a social tenancy agreement can privatize an apartment provided they have not participated in the procedure until now (Article 2 of the Federal Law “On Privatization...”). Consequently, any refusal to privatize, even if a person has other housing, will be unfounded.

But on the other hand, if a person has personal property, but still lives in a municipal apartment and wants to register it as his own, this is a reason to terminate the social tenancy agreement. Such cases do occur and the administration’s actions will be considered justified. Especially with a shortage of social housing for low-income categories of the population. Naturally, if the contract is not terminated and the employer applies for privatization, he is unlikely to be refused.

How many apartments can one person privatize?

Advice from lawyers:

1. How many times can one person privatize real estate (apartment)?

1.1. Once. If you participated in privatization as a minor, then upon reaching adulthood, you can participate in privatization again.

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2. In a communal apartment, a grandmother, her son and her granddaughter are registered in one room. The child is disabled, the room is not privatized, in the state. hiring They are waiting in line to receive housing. What conditions are they subject to? How many sq. Meters per person? And how many rooms? And will it be necessary to give the state a room in a communal apartment?

Read also: How to renew your mortgage

2.1. The norm for providing housing in St. Petersburg is 18 square meters per person. Today, a housing certificate is issued for the purchase of missing housing space. The room will not be taken away, but a certificate will be issued without taking into account the footage of the room and the market value of the room.

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3. The apartment is privatized for 6 people, 5. how much is required per person to improve housing?

3.1. You should apply to your city's housing department to register for housing improvements.

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3.2. It all depends on the area of the apartment. Different regions have different standards. Also take into account the priority of those in need of housing and the availability of available housing stock. Here you need to contact the local housing distribution department and get on the waiting list to improve your living conditions, having collected a decent package of documents.

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4. The apartment is privatized for 6 people, 5. how much is required per person to improve housing?

4.1. Evgeniy, good afternoon! In order to find out how much each of the residents has to pay, you need to know the characteristics of the apartment.

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5. The apartment is secondary. 76 sq. m. 3-room, non-privatized. Apartment in Nizhny Novgorod. 3 adults and my child are registered. My uncle wants to sell it. Is it possible to sell it not privatized? And how much money can I ask him for for myself and the child, from the apartment. Tomorrow an agent will come from my uncle. And I don’t understand anything about these matters. What if they deceive me? But I should at least buy a one-room apartment. I have two children. One child is registered with her husband.

5.1. Dear site visitor! A non-privatized apartment cannot be sold, because she is the property of the administration, not her uncle.

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6. I have a question: my apartment is on social security. I'll hire. I will privatize in parallel with my husband from work, they can give me an apartment as a low-income person. We have 3 children. We divorced. If I get an apartment, will my apartment be affected? We have 31.8 square meters. How many squares does one person have in an apartment? Thank you.

6.1. Yes, privatization may disrupt your plans... However, your question requires detailed study, there is no data to assess the situation... You need to know your family income, area per family member, etc.

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7. A non-privatized two-room apartment, three full-year-old people are registered, one of them wants (scares) to expel everyone from there through the court and privatize the apartment for himself. What's the maximum to expect? As far as I know this is not possible...

7.1. Empty chatter, in order to deregister and evict you need good reasons.

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8. The apartment is not privatized. 2 rooms. One person is registered. During renovation, how many rooms will they be given?

8.1. Owners of residential premises in apartment buildings subject to renovation, and citizens occupying residential premises in apartment buildings subject to renovation, under social tenancy agreements vacating such residential premises, in order to ensure their housing rights, equivalent residential premises are provided free of charge in exchange for such residential premises. 2. In this Law, equivalent residential premises means residential premises that simultaneously meet the following requirements: 1) the living area and the number of rooms in such residential premises are not less than, respectively, the living area and the number of rooms in the vacated residential premises, and the total area of such residential premises exceeds the total the area of the vacated residential premises; 2) such residential premises comply with the improvement standards established by Moscow City Law No. 29 of June 14, 2006 “On ensuring the right of residents of the city of Moscow to residential premises”, and also has improved finishing in accordance with the requirements established by the legal act of the city of Moscow; 3) such residential premises are located in the same area of the city of Moscow in which the corresponding apartment building subject to renovation is located, except for the case if such an apartment building is located in the Zelenogradsky, Troitsky or Novomoskovsky administrative districts of the city of Moscow. In this case, equivalent residential premises are provided within the boundaries of the administrative district of the city of Moscow in which the corresponding apartment building subject to renovation is located.

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9. The apartment was privatized in 1992 into the ownership of 3 people without defining joint shares. At the time of privatization, another minor family member was also registered in the apartment. Now we want to divide the apartment into shares. The question is - where should this be done and how? How many shares should the apartment be divided into? Currently, apartment taxes are assessed for three people at the rate of 0.33 shares.

9.1. If all three people are present, then an agreement on determining the shares can be made through a notary.

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10. Please tell me what we should do. Our 4-room apartment is privatized for 5 people, that is, 5 owners, and one person is simply registered here. But it was registered at the time of privatization of the apartment, the apartment is already for sale, there are buyers, everything is already in place. But she doesn't check out. She has not lived in the apartment for more than 7 years. We went to the court at her place of residence and they said it was impossible to discharge her. What to do, where to go and how long it will take to get discharged.

10.1. Daria good afternoon! You can write it out, there is good practice in such cases!

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11. Please tell me I have a three-room apartment. We have it privatized for 3 people, and one died. We should enter into an inheritance, how much will it cost to enter.

11.1. Hello. The inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by inheritance is not permitted by this Code or other laws . Personal non-property rights and other intangible benefits are not included in the inheritance. The heirs accept the inheritance in accordance with the order of the law.

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11.2. Good afternoon The heirs of the first stage are children, spouses, parents. If a will has not been drawn up. The exact cost of registering an inheritance depends on the value of the inherited property and depends on other factors. The state fee for a certificate of inheritance is 0.3% of the value of the inherited share + 5,000 for technical work. Applications and requests issued by a notary are paid separately.

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12. The apartment was privatized for 1/7 share, transfer agreement 11.12. 2016, I would like to know how long we need to wait in order not to pay 13% of the sale of this property, and if we don’t wait and sell, is everyone entitled to one million tax-free amount, share owners are children, unemployed and pensioners, or are only people entitled to this? officially paying taxes? Thank you!

12.1. You can sell the apartment without paying tax in three years. If at the time of sale there are minor owners of shares, then for the sale it is necessary to obtain permission from the guardianship and trusteeship authority. Article 217, Article 37 of the Civil Code of the Russian Federation. Property deduction from income from sales is provided in the corresponding share of 1 million rubles, i.e. for 142857 rub. Article 220 of the Tax Code of the Russian Federation.

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13. My ex-husband is registered with his mother and our common child in one room in a three-room communal apartment. The room is not privatized. The other two rooms are owned by two people and are privatized. The ex-husband with his mother and daughter are in line for resettlement, but the neighbors are not. The child has a disability due to cerebral palsy. Please tell me how I can speed up getting an apartment, how many meters are required, and is it necessary for neighbors to also get on the waiting list to be moved in faster? Thank you.

13.1. The provision norm in St. Petersburg is 18 sq.m. total area per person. It is not possible to accelerate the receipt of housing if there is no right to priority receipt of housing. If your neighbors also take part in the program for relocating communal apartments, this will most likely help speed up the process, but no one will tell you the exact dates of relocation.

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14. We live in a communal apartment, 1 family on social security. for rent, the second in privatized rooms, privatized for one person, but 5 owners, some of them do not live in the apartment. We repaired pipes in an apartment, how many people are the costs divided by?

14.1. We repaired pipes in an apartment, how many people are the costs divided by? For all co-owners, in proportion to the share in ownership.

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14.2. Since the owners bear the burden of maintaining the property - by 5, but according to social rent - there the owner is a municipal entity, divide by the family that lives in the room, as from the consumers of services.

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14.3. Hello! By default - for all owners (100% or in shares), or by agreement between owners for one owner.

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15. Is the minimum living space requirement met when renting out 2 rooms by one of the owners (out of 2), in a 3rd room? privatized apartment? We live in a room - 16.6 sq.m. (3 people), how many people have the right to stay in the rooms - 17.8 sq.m. and 14.10 sq.m. when the owner rents out these rooms, are our rights violated when 4 or more people move into these rooms?

15.1. Is the minimum living space requirement met when renting out 2 rooms by one of the owners (out of 2), in a 3-room apartment? privatized apartment? We live in a room - 16.6 sq.m. (3 people), how many people have the right to stay in the rooms - 17.8 sq.m. and 14.10 sq.m. when the owner rents out these rooms, are our rights violated when 4 or more people move into these rooms? The legislation does not establish the number of people to use residential premises.

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16. Three people are registered, the area of the occupied housing is 40.7 sq m, how much we will receive upon relocation, the apartment is not privatized, they are forced to enter into a social contract. Is he needed to be hired? And another problem: one of the registered ones is missing and we don’t know where he is, what to do in such a situation. And to conclude a social contract. hiring requires the appearance of everyone registered in a given living space; calculation of living space says 18 sq. m per person.

16.1. You can claim a living space of 18 square meters. meters per person, but not lower than 16 sq. meters anyway. I wish you good luck and all the best.

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17. Three people are registered, the area of the occupied housing is 40.7 sq m, how much we will receive upon relocation, the apartment is not privatized, they are forced to enter into a social contract. Is he needed to be hired? And another problem: one of the registered ones is missing and we don’t know where he is, what to do in such a situation.

17.1. Good afternoon The size depends on the regulations in your region. You can find out the norms per person at the administration of your district. All the best!

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18. If the apartment was privatized for two people, but was not divided into as many squares as anyone, and suddenly one of those included in the privatization dies. Does all rights automatically pass to the second person who remains in privatization?

18.1. No, ownership will not transfer to the second co-owner. The testator's share will be inherited by his heirs by will or by law.

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19. The apartment is privatized, two rooms in a wooden two-story house. The house is for demolition, dilapidated housing. Six people are registered, two young children. They provide you with a one-room apartment, tell you how much your old one is valued at, and give you a new one. The legality of this situation. Thank you.

19.1. Unlawful They must provide new housing with a total area no less than your current housing. You'll have to go to court.

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19.2. They are misleading, if we are talking about equivalent value, then they pay money, if the replacement takes place in squares, then the housing should be equal in area.

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20. In the Leningrad region. A two-room apartment was privatized for three people in equal shares in 1992. How much does it cost to transfer two shares per person to a notary? What is needed for this?

20.1. Each notary has his own prices.

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20.2. Hello! A notary is not needed here. Just draw up contracts and register them in the Russian Register after paying the fee.

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Privatized apartment for 4 (husband, wife and two children) people and one person (wife)

I live in a one-room privatized apartment. There are 3 people registered in it, including two minor children.

When demolishing a dilapidated building, how many square meters are provided if the apartment is privatized, one person is registered, the total area is 48 sq.m. Thank you!

How many square meters are required per person in the Istra district of the Moscow region.

How are contributions for major repairs calculated in Moscow? The apartment is 63 m2 and is privatized into 3 equal shares.

Our apartment is privatized and is 50 square meters, 5 people are registered (including a 2-year-old child)

What is the mechanism for inheriting a son registered in a privatized apartment?

They are being resettled under the dilapidated housing program. We have a non-privatized 3-room apartment.

The question is that a room in a communal apartment of 18 square meters is recognized as non-residential; in return, it can be given a smaller area.

I live in a two-room communal apartment, I live in one room (it is privatized)

There is a three-room apartment privatized in equal parts for three people. One wants to buy part of it from the other. How to find out how much it is in money?

What kind of housing can be privatized?

Not every residential property can be privatized. Obviously, if the property is already privately owned, the use of such a procedure is not appropriate. Privatization is not used in a number of other cases either. That is why the list of objects that can actually be privatized includes real estate:

municipal fund, such living space belongs to the municipal fund, but under certain conditions can pass into private hands;
official, if the enterprise to which the object belonged was liquidated and in the presence of other circumstances provided for by law;
provided under a social tenancy agreement;
provided to military personnel and their families.

However, the list of housing that can be obtained under the privatization program is valid only if certain conditions are met. They are assumed for each participant, the object itself, etc.

For example, the types of real estate that cannot be privatized include:

housing located in a military camp;
emergency apartment;
service living space.

As a result, not all types of real estate can be transferred from state (municipal) property to private property. Some may not be subject to this procedure, while others may only be subject to certain conditions provided for by regulations.

Who can use the repeated right for free?

Despite the right introduced into the law to participate in privatization once only, there are exceptions to this rule.

Re-registration of housing ownership is carried out only in the following situations:

If the privatization process was carried out before the child came of age, then after he turns 18 years old, he has the right to re-register the property.
Persons left homeless as a result of natural disasters or terrorist attacks are also eligible for re-privatization. If they lived in a privatized apartment before the tragedy, then when they receive a new one, they can re-privatize it completely free of charge.
Residents of the Far North can also obtain the right to re-register privatization. When moving, they must transfer their previous apartment or house to the former owners. Newly acquired municipal housing is privatized.
According to the court ruling, if it is proven that the privatization process was carried out with deviations from the law.

It should be taken into account that if a citizen independently made a decision to deprivatize housing, then re-registration of ownership of the apartment becomes impossible. It is considered that the citizen has already exercised his right.

Read the article about pensioners being exempt from paying personal property taxes here.

What kind of housing cannot be privatized even for the second time?

Before you become a home owner, you need to know its status. It is quite possible that the apartment cannot be transferred to individuals - it will not be possible to register it as private property even if you try again.

It is prohibited to privatize the following real estate:

service housing (with a number of exceptions);
dormitories;
housing located in closed towns (for example, military);
emergency facilities.

The last three categories are not subject to free privatization in any form. Service apartments, although rarely, are privatized. The main condition is the consent of the owner of such housing. For example, if the department gives the go-ahead, an employee of the organization will be able to submit documents for the transfer of a company apartment. But, we repeat, only with the consent of the department and only if there are compelling reasons.

Is everyone entitled to free housing?

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 acting as an object can participate in the procedure for 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. 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 obtaining housing.

However, after reaching the age of eighteen, such citizens can participate in such a procedure independently .

In the event that registration of private ownership occurs in relation to housing, the use of which takes place under a social tenancy agreement, the person applying for participation is obliged to permanently reside in this premises.

In this case, his claims to receive housing from the state will be completely justified.

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

Persons declared legally incompetent by a court , but their interests must be represented by guardians or representatives of guardianship and trusteeship authorities.

There are also no restrictions on participation 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).

Find out on our website how to determine whether your property has been privatized, where to start the registration process, and whether you can submit papers through the MFC. You can also download a sample application for privatization, as well as a written refusal to participate in it, from us.

How many times can you participate in housing privatization, how much will privatization cost?

Buying an apartment is an expensive pleasure that not every citizen of the Russian Federation can afford. The state provided for these statistics and provided the opportunity to register ownership of municipal housing, but only once in a lifetime.

Privatization is a very profitable option, since the person who uses a communal apartment has every right to obtain legal ownership of it. Is it possible to use the privatization procedure again, what main points and nuances need to be understood and how the privatization procedure occurs for the second time - we will consider this in more detail in the article.

Is it possible to participate in privatization a second time?

According to the Federal Law “On the Privatization of Real Estate”, Article 11, every citizen of the Russian Federation has the right to use the privatization procedure free of charge once.

It is worth noting that according to the law there are requirements that must be taken into account by a citizen when privatizing housing:

the apartment that a citizen wishes to convert into private ownership must be in his constant use;
the citizen must be registered there on a permanent basis;
the applicant must have a social tenancy agreement or warrant (the basis on which he lives in this apartment);
real estate that is subject to privatization must comply with all sanitary and technical standards provided for by the legislation of the Russian Federation;
Previously, the apartment did not participate in the privatization procedure by a citizen.

If a citizen has previously used his right to privatize housing, he can register ownership of the apartment, but for a fee, that is, buy it from the state or municipality according to the cadastral or market value.

Types of privatization

You can privatize not only an apartment or a house. Re-registration of property rights also includes:

land;
enterprises;
factories;
Living spaces.

The main difference in the privatization procedure will be that a citizen can re-register an apartment free of charge, but plots of land or an enterprise are already paid for.

Thus, privatization can be:

Depending on who owns the object or property, the following types can be distinguished:

privatization of state property;
privatization of municipal property.

What kind of housing cannot be privatized even for the second time?

Despite the considered exceptions to re-privatization, there is housing that cannot be privatized a second time. Before preparing a package of documents for re-registration of ownership of an apartment, its legal user needs to find out the current status of the housing. There is a certain type of real estate that is not subject to the privatization procedure. This:

real estate that is a service property. For example, housing in military camps, specially designated houses for employees.
Dormitories.
Housing that is in disrepair or is scheduled for demolition.

Return of rights after deprivatization

Is it possible to re-privatize an apartment? Who is involved in the privatization of housing after deprivatization? The possibility of re-privatization may arise for those individuals who have returned their own apartment to the state, but under certain conditions .

We are talking about the deprivatization of the apartment, that is, the recognition of a previously concluded deal as invalid and the return of housing to the ownership of local authorities.

The process of deprivatization (deprivatization) can be carried out on two bases:

Termination of the contract at the initiative of the owner. The procedure is carried out at the request of the participant in the privatization of the apartment, who considered living in a state apartment more profitable for him than owning his own square meters. Citizens often abandon their previously owned housing for reasons of material gain, family reasons or security reasons.
Recognition of a contract as invalid due to a violation of someone's rights. The initiator of such a process can be government bodies and persons whose rights were violated during the privatization process.

How many times can you privatize an apartment? Re-privatization of an apartment in the event of voluntary termination is impossible . A citizen who returns an apartment to the state loses the right to register ownership of both this living space and any other subsequently received under a social tenancy agreement. The right to free privatization under such conditions will be considered realized.

If the contract is declared invalid, completely different consequences arise. According to Article 167 of the Civil Code, the transaction loses its validity and is recognized as imperfect , therefore the right to free privatization may be considered unrealized.
Civil Code of the Russian Federation Article 167. General provisions on the consequences of invalidity of a transaction

An invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its completion.

A person who knew or should have known about the grounds for the invalidity of a contested transaction, after the recognition of this transaction as invalid, is not considered to have acted in good faith.

If the transaction is invalid, each party is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or service provided), reimburse its value, if there are other consequences of the invalidity of the transaction not provided for by law.
If it follows from the essence of a voidable transaction that it can only be terminated for the future, the court, declaring the transaction invalid, terminates its validity for the future.
The court has the right not to apply the consequences of invalidity of a transaction (clause 2 of this article) if their application would contradict the fundamentals of legal order or morality.

A contract of transfer of ownership carried out in violation of the law is subject to challenge.

The grounds for filing a claim are the following factors:

the transaction was carried out by proxy by a person who exceeded his authority;
the consent of parents or guardians was not obtained for the privatization of housing for minors from 14 to 18 years of age;
at the time of signing the document the person was under pressure or in an inadequate state;
the consequences of the conclusion were unknown to the citizen due to misleading;
in the process, the rights of persons who had the right to receive a share were violated.

The statute of limitations in this case is three years from the moment the interested party learned of the violation of the privatization procedure (Article 196, 200 of the Civil Code).

How many times can you participate in housing privatization?

Not every citizen can afford to purchase an apartment in cash.

For some, a mortgage loan may be the way out of the situation, while others will be able to receive housing from the state free of charge.

Privatization is just such an option that allows you to obtain municipal real estate as personal property. However, not everyone knows how many times in life you can participate in the privatization of an apartment or other housing, and how to do it.

What kind of housing can be privatized?

municipal fund, such living space belongs to the municipal fund, but under certain conditions can pass into private hands;
official, if the enterprise to which the object belonged was liquidated and in the presence of other circumstances provided for by law;
provided under a social tenancy agreement;
provided to military personnel and their families.

However, the list of housing that can be obtained under the privatization program is valid only if certain conditions are met. They are assumed for each participant, the object itself, etc.

For example, the types of real estate that cannot be privatized include:

housing located in a military camp;
emergency apartment;
service living space.

How many times in your life can you go through privatization?

The answer to the question about the number of times one can participate in privatization is clear.

The legislation explains that any person has the right to receive an apartment from the municipal fund and another that can be privatized only once in his life.

However, there is a certain exception to this rule.

If one of the participants in the privatization process was under the age of 18, then after he reaches the age of majority, he has the right to participate in the procedure again. This is the only exception.

In addition, if someone privatized a living space and then changed their mind and carried out the reverse procedure, they are considered to have exercised their right and can no longer repeat the process. All these rules are set out in Art. 11 of Law No. 1541-1 of the city.

Types of privatization

The privatization process can be applied not only to living space.

The fact is that property that is in state or municipal ownership can be transferred into personal ownership, for example:

Living spaces;
land;
factories and enterprises.

The difference between the listed types is that housing can be registered free of charge, while land and enterprises can be privatized for a fee.

That is why the principle of privatization can be divided into:

gratuitous;
carried out on a paid basis.

Depending on who exactly owns the privatized property, two types of privatization can be distinguished:

state property;
municipal.

As a result, there are several types of process of transfer of ownership from state or municipal form to private. Each of them has its own characteristics and design nuances.

Conditions and who has the right to privatize an apartment

In some cases, privatization can only take place under certain conditions. They apply to the potential participant, not just the object.

For social hiring

A strictly limited number of persons can apply for real estate under a social lease agreement:

the tenant and his family members living in a certain living space;
having a concluded social tenancy agreement.

In this case, persons who are absent but registered in the residential premises can also participate in the procedure, for example:

working on shifts;
military personnel;
serving sentences in places of deprivation of liberty.

Persons who:

registered at a different address;
living under a sublease agreement;
temporary residents.

As a result, the main condition for obtaining ownership of housing on social rent is the existence of an agreement and the fulfillment of certain requirements for the potential owner.

However, some who are absent at the time of implementation of the procedure retain the right to participate in it in the presence of a supporting document confirming that the reason is valid.

For free

The law determines that persons who:

reside and are registered on it;
absent, but registered on the premises;
have a social lease agreement, etc.

As a result, the procedure is carried out free of charge in the vast majority of cases, since all conditions for the candidate’s compliance must be met.

For shares or part of an apartment

The peculiarities of shared privatization are that it results in two types of ownership:

The difference lies in the definition of the right to dispose of one’s own part of the housing and the separation of such parts from the general one.

The conditions for registration of this type of procedure are standard and apply to everyone registered in the living space, and also necessarily to children.

After each family member receives a share, they will be the owners. This means that the fate of the apartment in the future will be decided jointly by all shareholders.

If housing is municipal

There are no separate nuances associated with the ownership of residential premises in the municipal fund.

All the basic requirements that are relevant in the general case are also applicable in the case under consideration.

The right to participate in the process of obtaining personal ownership of a municipal apartment may have persons living in it, members of their family and those who have a social tenancy agreement with the municipality.

As a result of the completion of the procedure, all participants will have the right to independently manage their living space. Without this, in the status of an employer, the listed persons do not have such a right.

Children

If an adult family member takes part in privatization, then the child living with him must be included in the participants.

If for some reason this does not happen, the results of such a procedure may be considered invalid.

In addition, the minor retains the right to re-participate in the process after reaching 18 years of age.

As a result, certain categories of citizens living and using certain types of real estate can privatize residential real estate. Children can participate in the procedure again after they reach the age of 18 years. This is the only exception, since for all other categories of citizens it is possible to pass it once.

Repeated privatization of an apartment - who can privatize twice?

Today, purchasing an apartment is almost an unaffordable undertaking for many families. Not everyone can save up, take out a mortgage, and, in the end, just earn the necessary amount.

With all the more warmth and a slight tinge of envy we remember the times of our parents, when the state provided an apartment for free. Our generation inherited privatization from that era.

Thanks to this procedure, citizens of the Russian Federation have the right to legally receive an apartment for free, and many have already taken advantage of this right. The more pressing the question becomes: is it possible to re-privatize apartments? Of course, we are talking about free privatization.

Yes, indeed, such a possibility exists in the legal field, but in exceptional cases. We propose to understand in detail these exceptions and the procedure for such re-privatization.

How many times can you privatize an apartment?

Most residents of our country know what it means to privatize an apartment, and from their own experience. Just in case, let us remind you that this means registering ownership of the state (municipal) apartment in which you and your household live for free. What is privatization and why is it needed? Read more here.

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This procedure itself is regulated by a special law. According to this law, any citizen of our country can participate in privatization only once.

There are exceptions to this rule:

If you participated in privatization for the first time before you came of age (Article 11 of the above-mentioned Law of the Russian Federation “On Privatization...”);
If the first privatization was canceled by the court.

The first exception is intended to protect the interests of children, the second protects citizens who suffered as a result of an illegal decision on privatization by government agencies.

In other cases, you should not count on another “gift” from the state in the form of free housing. It is prohibited to abuse your rights under Russian law.

If you own two apartments, is it possible to privatize the second apartment?

Separately, it is worth highlighting the question of whether it is possible to privatize housing if you already have an apartment (or house). For example, a person lives with his family in a non-privatized apartment (under a social tenancy agreement), and suddenly receives another housing in the form of a gift or inheritance.

Let us turn to the same Law, which clearly states: all Russian citizens have the right to privatization once! This means that you can lose this right only after using it. I privatized an apartment once - and that’s it, I can’t do it anymore.

To prevent abuse, when applying for an agreement to transfer a state/municipal apartment, applicants must provide a certificate stating that they have not previously participated in privatization. But whether they have other housing, obtained for other reasons, does not matter.

Privatization of the second apartment

If you already have housing that was NOT obtained as a result of privatization. We found out that you can have at least ten apartments, but when you apply for privatization for the first time, no one has the right to refuse you. At the same time, the registration process itself will not differ in any way. That is, you collect the documents necessary for privatization and register ownership.

Russian citizens have the right to privatization once.

If your parents registered living space for themselves and you when you were still a child, you can repeat this as an adult, but with a different apartment. The main problem here is to obtain the right to live in such an apartment. Find out who is provided with housing under a social tenancy agreement here.

After you have succeeded, feel free to apply to register it as property. The registration procedure is also standard for you.

Second attempt after privatization

If you have “deprivatized” your apartment, there are two options:

Voluntary return of housing . This is allowed by our legislation. Regulatory justification - Article 20 of the Federal Law of December 29, 2004 No. 129-FZ, Article 9.1 of the Law on Privatization. Motivation can be different: from considerations of saving (for example, on taxes) to the desire to avoid the loss of this apartment (when a person has legal debts, etc.). The registration is also quite simple: first you contact the previous owner (state authority or municipality) with an application and all the documents for the apartment, and then go to the registry office. chamber to cancel registration. All other owners (if you are not the only one) must agree with this.
Forced cancellation . It is possible only on the basis of a court decision. The act of privatization itself is a transaction, and its parties are the citizen and the state. If a transaction was made with serious violations of the law (defect of the transaction), it can be canceled at the request of one of the parties or the person whose rights it affected.

Such vices, for example, include cases of privatization of housing with children without the consent of guardianship or housing that could not be privatized. In this case, deprivatization of the apartment with the minor is necessary to restore the rights of the child.

If the court, having examined all the circumstances, decides to cancel privatization, this actually means a return to the original situation. Lawyers call this double restitution.

Remember: if you voluntarily gave up your living space, you will not be able to privatize any apartment a second time! For this reason, we advise you to seriously consider the legal consequences of such a refusal.

When such a decision comes into force (one month after it is made), it must be submitted to the registry. ward That's it, now we can assume that you did not participate in privatization.

After this, the law allows you one more try: you can correct what was the reason for canceling the privatization agreement, and go the whole circle a second time.

A lawyer talks about the possibility of re-transferring an apartment into private ownership:

So, without sufficient grounds, our state will not allow you to “take over” another apartment.

All our citizens are equal, and the process of free transfer of housing is subject to this principle and it will not be possible to privatize as many residential properties as desired.

That is why the law still establishes exceptions for certain categories: for children after adulthood and for those unlucky people with whom the contract for the first privatization was concluded with errors and violations.

Read our article on how to privatize a service apartment.

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

How much does it cost to re-privatize an apartment?

The privatization procedure is a free service that is provided by the state of the Russian Federation, but when registering it and preparing a package of documents, the citizen will need to spend money on processing the transaction at all stages.

Based on practice, there are mandatory costs and additional ones. Mandatory ones usually include:

payment of state duty - its cost is fixed and amounts to 300 rubles;
preparation of an extract from the Unified State Register of Real Estate;
extract from the BTI;
notarial services;
payment for cadastral and technical passports;
payment for redevelopment, if it was carried out;
others.

Additional costs may include:

services of a real estate agency or private realtor;
ordering an accelerated procedure for privatizing an apartment;
ordering additional certificates;
others.

Repeat procedure rules

How to privatize an apartment if you have already participated in privatization? Despite the conditions prescribed in the legislation for each person to participate once in the procedure for transferring housing ownership, there are a number of circumstances when repeated participation is possible .

Who can participate in the privatization of an apartment in the Russian Federation again? Repeated participation in the procedure of certain categories of citizens: according to Part 2 of Art. 11 of the Law “On Privatization...” the right to re-participation is reserved for the following categories of persons:

Initially, those who participated in the process were minors. If, upon reaching adulthood, they receive another municipal housing, they will be able to transfer it into ownership. The age at which these persons moved out of their previous housing does not matter. The only condition is that they do not own an apartment or a share thereof.
Participation in the process for the second time is reserved for persons who have lost their living space as a result of emergency incidents, man-made disasters, natural disasters, or terrorist acts. If they lived in privatized housing before the tragedy, then having received a new one under a social tenancy agreement, they have the right to register it as their property.
Immigrants from the Far North and former republics of the USSR have similar rights. Housing at the previous place of residence must be transferred by them to the former owners, and the newly received social housing after the transfer procedure can be privatized.

The right to re-privatization by this category is lost if the previously registered housing was transferred to third parties under alienation agreements.

Is it possible to participate in privatization a second time?

Let's start with the fact that privatization is available to any capable citizen of our country. The number of attempts is limited - the applicant has the right to privatize an apartment once in his life (Article 11 of Federal Law No. 1541-1 “On Privatization...” dated 07/04/1991). This means that repeating the procedure with another municipal housing will become impossible - the person will simply be denied registration.

The question arises: is it possible to bypass this restriction and take part in privatization a second time? It is possible, but only if there is a good reason. For example, due to the deprivatization of residential premises , i.e. a process that is the opposite of the main one - to return previously privatized housing to the municipality. Such a procedure is possible only through the court and if there are serious grounds. Let's analyze the life situation.

The example clearly shows that despite the exhaustion of the attempt for free privatization, people received a chance to participate in the procedure again. Does this mean that such a right is available to everyone? Of course not!

There is also the opposite situation - say, if privatization was carried out according to all the rules, but the citizen decided to return the apartment to the state of his own free will, the attempt is considered used. A person will not be able to use the right to the procedure a second time. Therefore, you need to approach the procedure wisely, calculate taxes in advance and plan the further disposal of your housing.