The essence of the service and its results
Privatization is a procedure for transferring ownership of an apartment from public hands to private ones. The essence of the procedure is the opportunity for a citizen to become the owner of a home and begin to freely dispose of it. Only after re-registration into private hands is it possible to sell, donate, transfer by inheritance, register any people, etc. Before receiving property, a citizen has the right only to live in the apartment, but not to dispose of it.
The basis for obtaining property rights is the use of real estate under a social lease agreement. Such contracts were concluded with the population in the USSR, but are still used today to transfer housing to citizens in need of improved housing conditions.
It was originally planned that free privatization of housing would last until 2007. Subsequently, this period was repeatedly extended. In 2020, a decision was made on the indefinite right of Russians to enjoy the benefits of the procedure.
The authority responsible for the transformation of property in each subject is chosen by municipal authorities. This is a department or committee of property relations - City Housing Exchange, state property management, etc. Citizens have the right to submit documents to obtain owner status through the MFC. In Moscow, remote submission of applications is also being implemented through the municipal public services portal, but the electronic versions attached to the application must be submitted in person to the MFC on the appointed date.
Remote methods of processing documents for privatization in 2020
More than 20 years ago, mass privatization of state and municipal property began in Russia, after which citizens had the opportunity to convert their housing into private ownership free of charge. It was initially planned that free privatization in Moscow and other regions of the Russian Federation would last until 2007. However, the deadlines are constantly being pushed back, because today a third of the country’s housing stock has not yet been re-registered. The last date was March 2020, but today the State Duma is considering a bill extending the procedure for another year.
The applicant will also have to prepare identification documents for all participants in the procedure. Citizens with permanent registration at your address have the right to participate in privatization. Even minor children will become participants in privatization; parents or guardians will have to express consent on their behalf. Re-registration of property with the participation of minor citizens of the Russian Federation is always controlled by the guardianship and trusteeship services.
Who can privatize an apartment?
The right to re-register state Legislators provided real estate to all Russians, but subject to a number of additional conditions.
Categories of the population that meet a number of conditions have the right to declare their desire to register ownership of an apartment:
- having Russian citizenship;
- occupying an apartment under a social tenancy agreement;
- housing is the property of municipal authorities: city, town, etc.;
- the decision to register housing rights by this person received the approval of other apartment owners and residents, including teenagers 14-18 years old;
- the citizen has not previously participated in the free privatization program.
Minors registered in the apartment are required to participate in the re-registration of rights. They can be excluded only with the permission of the guardianship authorities. Children living separately from their parents can use a privatized apartment for an unlimited time.
Adult residents can formally relinquish their ownership rights. Then they will retain the right to use the apartment and the opportunity to undergo free privatization in the future.
Step-by-step instructions for preparing documents
The applicant can contact any branch of the MFC . This is the name of multifunctional centers that provide services to citizens and organizations. The procedure involves collecting all the necessary documents and submitting an application. The MFC representative accepts them for work, and if a positive decision is made, issues new documents for the apartment to the owner/owners.
Obtaining consent from all residents
You can register your ownership of an apartment at any time, since the privatization program is also valid in 2020 : deadlines are not defined by law. All persons registered at this address are required to participate in this procedure, including:
- the responsible tenant himself, who has signed a social tenancy agreement with the authorities or has received a warrant;
- all adult family members;
- all are minors.
The decision to register housing as a property must be agreed upon by all participants . In the case of minors, consent is given by:
- the children themselves, if they are between 14 and 17 years old inclusive;
- their representatives (parents or guardians) if they are under 14 years old.
Privatization with the participation of children is necessary only if they are already 14 years old. They personally come to the MFC together with other family members. However, if any of those registered cannot take part, although they are not against privatization, they must issue a notarized consent (the cost of the service is about 1000-1500 rubles). The document conveys the right to the responsible tenant to act on behalf of the applicant.
Note! If a minor refuses to participate, his parents or guardians must obtain permission from the local guardianship authority and attach it to the rest of the documents. In the future, the child, having become an adult, can also apply to the MFC to register property.
What documents are needed to privatize an apartment?
- a request (application) for the provision of a public service - can be completed by an employee during the application (or you can prepare it in advance by downloading the form>);
- an extract from the house register for the period from July 21, 1991 until arrival at this place of residence or a similar document replacing it;
- a document from an authorized body confirming the unused right to participate in privatization at the previous place of residence;
- a document confirming the authority of the authority to issue a document confirming the unused right to participate in privatization at the previous place of residence.
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How to write an application?
The main document required for the privatization of housing is a written application where residents express their desire to obtain ownership of an apartment (or other living space). The paper is drawn up according to the rules, despite the fact that it does not have an approved form. To ensure you fill out the form correctly, please use the instructions below.
Who writes the application?
Any of the residents registered in the apartment has every right to write a statement on their behalf. Then the documentary letter is read and signed by all participants in the privatization procedure. The signature is equivalent to consent to receive ownership of the property. To do this, all persons registered in the apartment (including children over 14 years old) must put their signatures and their transcripts (last name, first name, patronymic in full). You can fill out the document manually or on a computer.
Fields to fill out | Data |
Information about all participants in the privatization agreement | Personal and passport data |
Name of the organization to which the application and documents are submitted | Details of the specific branch of the MFC where people apply for the privatization procedure |
Characteristics of the living space | Address, area information, number of rooms |
Apartment status data | State or municipal housing |
Attached documents | Various certificates as necessary (for example, about non-use of the previous right to privatize a specific apartment) |
List and signatures of all participants | Handwritten with transcript (full name) |
It is important to provide the necessary information so that the document is accepted without delay. Erroneous or distorted data will lead to the return of the application and delay the privatization process.
Application for privatization through Gosuslugi
The State Services portal, unfortunately, does not yet provide citizens with the opportunity to submit an application for housing privatization online. This section is under development and is currently for informational purposes only. Below we will tell you how to get up-to-date information about privatization on the website www.gosuslugi.ru.
In order to have access to the functionality of the state portal, you must go through a registration procedure that contains two steps. First, you need to enter your information for verification (keep your passport and SNILS handy), then pay a visit to one of the institutions listed in the “State Services” to confirm your identity. You can also come to any Sberbank branch with your passport to go through the verification procedure.
After you have registered, log into your personal account using your username and password. Then click on the magnifying glass icon at the top of the site and in the line that appears, type the word “Privatization”.
“Gosuslugi” has implemented a convenient search by keywords
Next, the portal will provide a clickable link that you can follow to familiarize yourself with the rules, terms and procedure for providing the service, as well as learn about the necessary documents.
To obtain comprehensive information about the privatization procedure, go to the desired page by clicking on the blue inscription
The state portal also states that the service is provided free of charge and for sixty days. In the methods of submitting an application and receiving the result, only one option is indicated - “Personally”, which confirms the impossibility of writing an application remotely and sending it to the MFC through the state portal. The certificate also states that recipients of the service can be citizens over 14 years of age, adults, as well as parents or adoptive parents of minors or proxies.
Another tab is “Result”. By expanding it, the user will receive information that the result of the privatization procedure should be an agreement on the transfer of housing into the ownership of citizens (in the positive case), or an official refusal to formalize this agreement, which indicates the reason for it. The grounds for refusal can be read in the tab of the same name on the same page.
Each offer is clickable - by clicking on it, you will see detailed information on the items
In the information field located even lower, you can expand the “Contacts” tab, which will indicate the housing committee specialist, his phone number and address. If users of State Services have any questions, they can contact the specified employee.
By clicking on the arrow next to the “Contacts” item, you can expand the tab and read the necessary information
A very important section on the page we are considering is “Documents”. It is divided into two parts:
- documents required to receive the service;
- documents provided upon completion of the service.
We talked about these packages of papers above, here you can familiarize yourself with the necessary names of documents again, as well as download official forms and samples that are the most current and comply with the requirements of government agencies.
As in other sections, offers highlighted in blue are clickable
Timing of privatization
The total period of time that the process of privatization of real estate takes can be divided into two stages:
- Consideration of the application by the local administration body - this procedure lasts up to 2 months.
- Registration of property rights in Rosreestr - in this case, the waiting period will depend on the chosen method of submitting documents. This could be (Clause 1, Article 16 of the Federal Law of the Russian Federation “On State Registration of Real Estate”):
- 7 working days – in case of a personal visit to the registration authority;
- 9 days – when registering through the MFC;
Thus, in total, the privatization procedure will take up to 70 days .
Price
By law, privatization is a completely free procedure (except for cases when it comes to the transfer of real estate from state to private ownership on a paid basis). However, this does not mean that the applicant will be able to avoid other costs.
Thus, the entire set of costs that inevitably arise when carrying out such a procedure can be divided into two parts:
- payment for various certificates and documents required to submit an application for privatization. On average, this expense item amounts to 3-5 thousand rubles;
- payment of the state fee for registration of property rights in Rosreestr - in accordance with subparagraph. 22 clause 1 art. 333.33 of the Tax Code of the Russian Federation, the price of such a service for individuals is 2000 rubles .
Thus, if you independently collect and submit documents for privatization, including registration with Rosreestr, the total cost will be approximately 7-8 thousand rubles .
If desired, the applicant can use the services of a specialized company that will take care of all issues related to the transfer of an apartment from state ownership to private ownership. However, in this case you will have to spend 10 thousand rubles or more (depending on the region of the country and the level of the company).
Step-by-step instructions for privatizing an apartment through the MFC
Step-by-step instructions for privatizing an apartment involve going through the following stages:
- You should start registering ownership of an apartment by collecting the required set of documents.
- Next, you should register at the MFC. This will allow you to avoid wasting time waiting in a live queue.
- Submit the collected documents along with the application to a conveniently located MFC. A citizen has the right to fill out an application for privatization independently or ask for help in filling out an MFC specialist. Consultations on filling out the application are free. The application in the prescribed form is signed by the privatization participants.
- Based on acceptance of the information, the center employee will issue a receipt indicating the date of provision of the public service.
- The information is verified by an authorized authority in the municipality.
- The provision of public services is completed by the issuance of a transfer agreement, on the basis of which one can assume ownership rights. It is issued personally to the applicant in paper form.
- The applicant signs the agreement on his part and submits it to the MFC for registration of ownership. Without making a mark on the property in the Unified State Register of Real Estate, the procedure will not be considered complete. The signing of the agreement takes place under the supervision of an MFC specialist. Adult residents sign the contract on their own, teenagers 14-18 years old must first obtain the support of their parents, and for children under 14 years old, parents take on the signing function. An application for registration of ownership rights is submitted along with the contract.
- Completes the registration of property rights with extracts from the Unified State Register of Real Estate. Certificates of title to an apartment are no longer issued.
After privatization of housing, not only the rights, but also the obligations to pay property tax are transferred to the new owner. The applicant may face refusal if:
- providing an incomplete set of information;
- detection of errors or inaccurate data;
- the apartment is not owned by the municipality;
- housing does not comply with legal requirements;
- the consent of the guardianship authorities to renounce the children's property rights was not obtained;
- the person has previously participated in privatization.
In the adopted resolution, municipal authorities indicate the reasons for the decision to refuse. It can be appealed in court or pre-trial.
Refusal to privatize through MFC
Possible reasons for refusal to accept documentation by center specialists:
- the applicant (his representative) did not present an identification document;
- the application was submitted by an unauthorized person;
- documents are submitted incompletely or do not meet established requirements.
The provision of public services may be refused on the following grounds:
- a citizen does not have the right to privatize a property;
- the conditions for the transfer of public housing into the ownership of a citizen have not been met (Articles 2, 4, 7, 11 No. 1541-1 Federal Law);
- the agreement on the transfer of public housing into ownership does not include children who have the right to use this premises.
Price
How much does it cost to privatize an apartment? Privatization is a free service for first-time users. But the future owner will not be able to completely avoid costs.
When registering ownership of an apartment, a state fee must be paid. For individuals, its size is set at 2000 rubles. When registering an apartment as shared ownership, the state duty is divided between the privatization participants.
When submitting an application through a representative, you must issue a notarized power of attorney. The price of notary services will be about 1800 rubles. The cost of a certificate of refusal from privatization is 1,500 rubles.
If the applicant prefers to use the services of a company to provide legal support for the procedure, then the additional costs will increase to 10 thousand rubles.
Documents required for privatization
Department specialists will issue a list of documents required to complete the registration and a sample power of attorney in the event that the applicant is a representative of several or one owner to whom they have entrusted the implementation of privatization. The MFC has a fairly good support service, and everyone has the opportunity to contact it to find out additional information about receiving services or processing certain documents. Specialists will conduct a consultation and explain where the privatization of an apartment through the MFC begins.
What documents are needed?
The set of requested information is approved at the regional level. The standard set of documentation for privatization includes:
- application for public service;
- passport of the recipient of the service or other document confirming citizenship;
- birth certificate;
- passports of all registered persons in the privatized apartment over 14 years of age or those who have the right to use the housing;
- power of attorney for a representative;
- social rental agreement;
- warrant for a privatized apartment;
- an extract from the house register from July 21, 1991, or an equivalent (extract from a personal account - for Moscow);
- a document confirming the renunciation of ownership in another apartment (at the place where the applicant previously lived);
- registration certificate for the apartment and floor plan;
- consent to privatization or refusal of it on the part of all cohabiting relatives and other registered persons.
The refusal of privatization must be notarized and has a limited validity period - up to 30 calendar days. The validity of an extract from the house register also has similar monthly time limits. Most of the documents, including the warrant, are valid indefinitely.
In a number of cases, additional information is requested from the citizen: decisions of the guardianship authorities, a certificate of release, an extract from the personal file of a military contractor, etc.
The authority that is responsible for issuing the necessary data will be different. For an extract from the house register you will have to contact the management company or the HOA, for a certificate of non-use of the right to privatization - to the local government or BTI, for a floor plan - to the BTI.
If an executive order for the provision of housing (order) is lost, a copy of it must be requested from the archive. In Moscow, this document is available for order through the MFC.
When submitting an application online during a subsequent personal visit to the MFC, the citizen will have to provide:
- social rental agreement;
- a warrant or an extract from an order of the authorities;
- notarized information that was attached to the request.
How to privatize an apartment - step-by-step instructions for 2020
Citizens had the opportunity to privatize old Soviet apartments back in 1988, when a corresponding resolution was adopted by the Council of Ministers of the USSR. With the transition to a market economy in 1991, the wave of privatization intensified and for its detailed regulation, Law 1541-I “On the privatization of housing stock” was adopted, which, having undergone numerous changes, is still in force.
- statement;
- passports of all applicants, if necessary, birth certificates of children;
- marriage certificate or divorce certificate;
- information that none of the applicants have previously participated in privatization (with the exception of minors);
- a certificate from the Management Company about the number of residents, the area of the facility and the absence of debt for the maintenance of the premises;
- social rent agreement (order);
- refusal to participate in privatization of all citizens who have the right to the object and its transfer into ownership, if they have made such a decision;
- registration certificates (form No. 9), containing archival information about the registration of a citizen before registration in the state-owned residential premises occupied on the date of application, as well as certificates confirming that the residential premises previously occupied by the citizen were not privatized by him (the right to privatization was not used);
- permission from the guardianship and trusteeship authorities, if the object is transferred exclusively to minors;
- consent of parents or guardianship authorities for minors under 14 years of age participating in privatization.
We recommend reading: the activities of the investigative bodies in cases in which a preliminary investigation is mandatory
What kind of housing is not allowed?
The privatization procedure is not available for some categories of real estate:
- emergency housing;
- housing in a dormitory;
- office premises (exception: housing stock of state farms and agricultural enterprises);
- apartments in closed military camps;
- specialized premises: houses for single pensioners or flexible foundations;
- real estate on the territory of production facilities and educational institutions: hospitals, kindergartens, etc.
- housing stock of social protection institutions in villages.
Apartments located in other buildings and used under a social tenancy agreement can be privatized.
To privatize a home, you are allowed to come to the MFC. The exact set of documents for completing the procedure should be clarified at the municipal level. Free privatization of housing from the municipal fund is guaranteed to Russians once in their lives.
Grounds for refusal
You can get a refusal to privatize an apartment through the MFC in the following cases:
- not all necessary documentation has been provided;
- one of the applicants had previously exercised his right to privatize real estate, for example, he had already privatized a plot of land;
- the apartment is not municipal property, for example, it is recognized as official property or assigned to any department;
- a discrepancy in the employment agreement has been identified;
- the apartment is on the balance sheet of a special housing stock;
- the property is located in an emergency or dilapidated building.
The reasons given are only the main ones.
It is important to remember: if the refusal, in the opinion of the applicants, was illegal, then you can contact higher authorities with a corresponding complaint.
Finally, I would like to note that today the transfer of documents through the MFC is considered the most optimal option, since representatives of the center provide all possible support, including in drawing up the appropriate application.
Comparison of documentation submission methods
Each method of privatization has its advantages and disadvantages. Let's compare the 2 methods and choose the most optimal one. Principal features for comparison:
- The waiting time on the State Services website is much longer and can be up to 60 days in 2020, while when applying in person to the MFC, the procedure will take no more than 10-14 days. This big difference is due to the site being more busy and electronic documents being checked more thoroughly.
- Submitting applications through the portal is recommended for experienced Internet and computer users, since the interface and functionality may not be clear to beginners.
- In 2020, documents are submitted to the nearest MFC center, which is extremely inconvenient if there are simply no such centers nearby.
- For the MFC and the portal, the package of documents is absolutely the same, and therefore there is no fundamental difference regarding this issue.
This is how the privatization of an apartment takes place. This procedure is most often carried out through the MFC in Moscow. This saves time.