Concluding a privatization agreement is the main stage of transferring a municipal apartment into the ownership of citizens
The need to draw up a privatization agreement arises when municipal housing is transferred into the ownership of citizens. This is one of the documents confirming the rights of citizens to a certain living space.
Find out on our website how to determine whether your apartment has been privatized, where to start the procedure, whether it is profitable to privatize housing through a realtor or by proxy, and also about in what cases a refusal to carry out your plans may be received from the authorities.
The essence of the document
agreement is a document on the basis of which municipal living space is transferred into the ownership of the tenant.
It is a bilateral document concluded between the landlord (local government bodies) and the tenant (citizen living in an apartment under a social tenancy agreement).
After the process is completed, a copy of the agreement must be in the hands of the owner as confirmation of his rights to the property.
You can see a photo of what the document looks like, as well as the apartment privatization agreement, in the next paragraph.
Apartment privatization agreement
In the Russian Federation, you can become the owner of real estate through its privatization. Every citizen of the Russian Federation has the right to receive an apartment free of charge from the state once. In order to register ownership of an apartment that is in state or municipal ownership, it is necessary to contact the local administration body for a privatization agreement.
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In case of loss or under other circumstances, the contract may be. A citizen becomes the full owner of the housing only after state registration of the property arising under the concluded contract. After this, a person will have the right to dispose of real estate at his own discretion. In the case where privatization is carried out from citizens, it can be appealed in court.
As a consequence, the transaction (expressed in the form of an agreement) may be canceled. Then the parties to this transaction will return to the state in which they were before it was completed (tenant and landlord). Contract
Registration procedure
The procedure for drawing up the Agreement is regulated by Article 161 of the Civil Code of the Russian Federation and the Privatization Law. It is compiled by specialists from private organizations or administrations.
It should include the following items:
- Information about the property (address, square footage, number of rooms, etc.).
- Data of the parties involved (employers and local governments).
- Information about the participants in the transaction.
- Information about the owner of municipal housing.
- Information about the document on the basis of which tenants live in the apartment (Order, Social Tenancy Agreement).
- Information on the distribution of shares (when registering an apartment as shared ownership).
- Responsibility of the parties.
- Conditions for the transfer of housing ownership to individuals.
The document is sealed , stamped by the administration and certified by the signatures of the parties. The number of copies must match the number of those concluding it.
After the procedure, each participant in the process must have the original in their hands.
What does an apartment privatization agreement look like? You can see the photo here.
Residential privatization agreement: sample, download from the link.
Legal nuances
This document does not need to be certified by a notary, but it must be registered with the relevant government authorities. Currently, registration can be completed through the single window service at the MFC.
The agreement is of an unlimited duration and is necessary for the further receipt of title documents from state registration authorities. After registration, it is submitted to Rosreestr, and on its basis, each participant in the process is issued a Certificate of ownership of the apartment or its share.
60 calendar days are allotted for registration of the Certificate of Ownership . Failure to comply with these deadlines may become an obstacle to the final execution of the transaction.
Termination
The concluded Agreement can be terminated if the owners decide that it is more profitable for them to live in municipal housing or the transfer of ownership was carried out with violations. This occurs during the process of reverse privatization and is called deprivatization (deprivatization).
If a citizen who has registered ownership of municipal housing decides to return it to the state, he terminates the transaction. In this case, the document is considered invalid and the person loses all rights.
To do this, you must submit an application to your local government and obtain permission to terminate.
An application for termination can be submitted to the MFC. If the authorities refuse, the procedure is carried out by filing a lawsuit in court.
At the same time, termination is impossible if the following conditions are met:
- One of the owners is against termination.
- The living space is encumbered in the form of collateral from a credit institution.
- A minor citizen participated in the privatization .
- The owner owns another residential premises.
- New tenants are registered in the apartment after the conclusion of the contract.
If the contract is terminated, it will not be possible to re-enter it for this premises.
In addition, the person who participated in the termination loses his rights. It will not be possible of even another residential premises again .
Agreement for the transfer of ownership of an apartment - what is it and how to draw it up?
» In the Russian Federation, any citizen can become the owner of real estate after the privatization of their home. In order to carry out this procedure, a citizen must collect a package of necessary documents and, of course, draw up a privatization agreement. If such an agreement was lost, it must be restored immediately. How to correctly draw up, how changes can be made to the agreement and what procedure for execution - we will consider in more detail in the article. Contents An agreement for the transfer of ownership of an apartment to a citizen in which he lives is a title document that indicates on the legality of residence and ownership of property by citizens.
The agreement must be registered with Rosreestr. According to Russian legislation, namely Law No. 1541-1 “On the privatization of housing stock in the Russian Federation”, where the main
What to do if the document is lost?
The housing privatization agreement has been lost, how can I restore it? If you lose a document, you must obtain a duplicate from the former owner of the residential premises, that is, the organization with which you signed it. It must be restored without fail, since no transactions for the alienation of the property in the future will be possible without it. A duplicate will be issued to you within 7 days after submitting your application.
Useful information in the video:
Grounds for invalidation
If any condition of the transaction is violated, it may be declared invalid. The period for filing a claim is one year.
An agreement to transfer an apartment into the ownership of citizens during privatization may be declared invalid on the following grounds:
- one of the participants was misled;
- the document was drawn up under pressure ;
- incapacitated persons participated in the process;
- some of those registered did not take part in privatization and did not receive a share;
- During registration, the rights of citizens under 18 years of age were violated .
On these grounds, a claim to invalidate a document can be filed by the owners, people registered at this address at the time of privatization, government agencies, guardians of incapacitated and minor citizens, the prosecutor's office, and guardianship authorities .
Compliance with all legal conditions when concluding an agreement on the privatization of residential premises will help you avoid subsequent troubles in using this premises, as well as making transactions for its alienation.
The conclusion of an agreement for the transfer of ownership of an apartment or any other property issued to citizens from the state free of charge implies privatization.
With its help, some residents of the Russian Federation can exercise their right to receive housing that is the property of municipalities and the state (for example, a person has the right to claim the premises in which he lives on the basis of a concluded social tenancy agreement).
What does a privatization agreement look like?
Privatization of housing not only guarantees the right to deal with its space at your own discretion, but also guarantees the right to an equivalent replacement, exchange or compensation for damage in the event of force majeure, such as: a house for demolition, an earthquake or hurricane, etc.
- preparation of a package of documentation;
- filling out an application for the provision of this public service;
- submitting a request along with prepared papers to the MFC branch (it is also possible to use the government services web portal - https://www.gosuslugi.ru/pgu/service/5340200010000231103_.html#!_description) or the municipality;
- registration and signing of an agreement for the transfer of ownership of an apartment to citizens at the MFC or at the housing department of the municipality;
- re-registration of ownership of housing and preparation of the corresponding certificate.
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How does the transfer of housing take place?
The opportunity to privatize residential premises is provided on a voluntary basis, that is, it is a right, but not an obligation of a citizen, therefore a person can refuse to participate in privatization (in this case, the refusal must be drawn up in writing and certified by a notary office).
Not every residential property can be registered as a property. It is impossible to privatize the following real estate objects:
- located in closed military cities;
- recognized as emergency;
- related to office premises;
- located in dormitories.
Housing reserved by a citizen or occupied by him on social rent in buildings of municipal and state housing stock is subject to privatization, on the basis of Article 1 of Federal Law No. 1541-I of 1991 on July 4.
Who can privatize the premises?
Privatization can be formalized either in favor of one citizen or as the common property of several persons.
In order to transfer ownership of housing, it is required to obtain the consent of all persons who have reached the age of 14 years, living in the apartment that is subject to privatization (that is, having the right to part of this property).
How to recover?
To restore a lost contract, you should contact the authority where the privatization was formalized. They will issue a duplicate of the document.
If a citizen at one time received a certificate of ownership based on a privatization agreement, then there is no need to apply to Rosreestr again.
When selling a residential property acquired in this manner, the buyers or their agent will want to know exactly how the property was acquired and will want to review this document.
It is possible that it will be possible to use the right of free privatization until 2020, but while the corresponding changes to the legislation are only expected, it is worth hurrying in order to have time to transfer the apartment from state ownership to private ownership.
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Procedure for drawing up a contract
The process of privatization of residential premises is the following sequence of actions:
- preparation of a package of documentation;
- filling out an application for the provision of this public service;
- submitting a request along with the prepared papers to the MFC branch (it is also possible to use the public services web portal - or the municipality;
- registration and signing of an agreement for the transfer of ownership of an apartment to citizens at the MFC or at the housing department of the municipality;
- re-registration of ownership of housing and preparation of the corresponding certificate.
The procedure for transferring residential premises into the possession of a citizen occurs in accordance with the norms of legislation governing privatization, on the basis of Article 217 of the Civil Code of the Russian Federation. To conclude an agreement, a citizen must first submit an application and relevant documents to the MFC.
Useful material: How to give up property?
Documentation for execution of the contract
The main documents that need to be submitted to a government agency or municipality to formalize privatization include:
- identification cards of all persons living at this address and entitled to receive a share of the property (that is, the applicant and his family members);
- statement;
- power of attorney certified by a notary office (if needed);
- birth certificates (for citizens under fourteen years of age) and marriage/divorce certificates (if available);
- a warrant for an object or a social rental agreement;
- an extract from the house register about persons registered at the address;
- technical documentation for housing (cadastral and technical passports);
- a decision of a judicial authority that has entered into legal force recognizing a person entitled to privatization as partially or completely incompetent;
- consent of the PLO, if housing is privatized in the name of an orphan, minor or incompetent (partially or fully) citizen;
- documentary proof of the citizenship of children under 14 years of age (not required if they live together with parents registered in privatized housing and who are citizens of the Russian Federation);
- documentary evidence of the unused right to privatization;
- a certificate confirming the absence of debts on utility bills;
- a written and notarized refusal of a citizen from privatization (possibly issued in favor of another family member) or a court ruling on the absence (or presence) of rights to a given residential premises.
In some cases, a government agency employee may require additional papers (for example, an extract from a citizen’s personal file). It is recommended to clarify the full list of documents required in a particular case with an MFC employee or administration.
Transferring an apartment into the sole ownership of a minor citizen implies the need to comply with certain nuances:
- if a person is under 14 years of age, privatization is carried out only if there is an application from the adoptive parents, guardians or parents of the child with the consent of the public organization;
- if a person is over 14 years old, but has not yet reached the age of majority, consent to privatization must also be obtained from the public educational institution and the adoptive parents or parents of the child, and the application is filled out on behalf of the minor.
How to draw up an agreement for the transfer of ownership of an apartment?
Within a two-month period from the moment of consideration of the application, a written agreement is drawn up with the citizen; notarization is not required. The document contains the following information:
- information about the transferred property (its address, number of rooms, location on the floor, area and other characteristics identifying the premises);
- information about the parties to the agreement;
- the size of the shares of each of the participants in the transaction (if the housing becomes shared ownership);
- rights and obligations of future owners;
- signatures of the parties.
The document is signed at the housing department of the municipality, and all citizens who have given their consent to formalize the privatization are required to sign.
Useful article: Expedited registration of property rights.
Registration of housing rights
The ownership of privatized residential premises is subject to registration at the MFC branch or the Unified State Register of Real Estate. In addition to the list of papers listed above, the citizen must provide a corresponding application for the provision of services, a receipt with the paid fee and the contract itself for the transfer of housing ownership.
Each owner is issued a separate copy of the certificate.
Timing and cost of privatization
At the moment, it is possible to register ownership of an apartment until March 1, 2020, however, changes are made to the legislation every year, and the deadlines for privatization are extended.
The procedure for submitting an application and signing an agreement does not require financial costs; a citizen only needs to pay a state fee of 2,000 rubles to obtain a certificate of ownership.
06/15/2016 — UPD: Please note that as of July 2020, the Unified State Register of Enterprises stops issuing certificates of ownership of property (including duplicates). Instead, the civil service issues a corresponding extract, which is a legal document. Otherwise, the changes did not affect the registration procedure and the amount of state fees. The previous certificates remaining in the hands of the owners continue to retain their legal force.
Legal regulation: Law of the Russian Federation of July 4, 1991 N 1541-1 “On the privatization of housing stock in the Russian Federation.”
Privatization of residential premises is the free transfer into ownership of citizens of the Russian Federation on a voluntary basis of residential premises occupied by them in the state and municipal housing stock, and for citizens of the Russian Federation who have reserved occupied residential premises - at the place of reservation of residential premises
Citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on the terms of social rent, have the right to purchase them on the terms provided for by this Law, other regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, in common ownership or in the ownership of one persons, including minors, with the consent of all adults and minors aged 14 to 18 years who have the right to privatize these residential premises.
Residential premises inhabited exclusively by minors under the age of 14 years are transferred to their ownership upon the application of parents (adoptive parents), guardians with the prior permission of the guardianship and trusteeship authorities or on the initiative of these authorities. Residential premises inhabited exclusively by minors aged 14 to 18 years are transferred to their ownership upon their application with the consent of parents (adoptive parents), trustees and guardianship authorities.
In the event of the death of parents, as well as in other cases of loss of parental care, if only minors remain in the residential premises, guardianship and trusteeship authorities, heads of institutions for orphans and children left without parental care, guardians (trustees), adoptive parents or other legal representatives of minors, within three months, draw up an agreement on the transfer of residential premises into the ownership of orphans and children left without parental care. Agreements for the transfer of residential premises into ownership of minors under the age of 14 are drawn up at the request of their legal representatives with the prior permission of the guardianship and trusteeship authorities or, if necessary, on the initiative of such authorities. These agreements are drawn up by minors who have reached the age of 14 years independently with the consent of their legal representatives and guardianship authorities.
The execution of an agreement for the transfer of ownership of residential premises in which only minors live is carried out at the expense of the owners of the residential premises carrying out their transfer.
The transfer of residential premises into the ownership of citizens is formalized by a transfer agreement concluded by state authorities or local self-government bodies of settlements, an enterprise, an institution with a citizen receiving ownership of the residential premises in the manner prescribed by law. 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 includes 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 residential premises .
The right of ownership to the acquired residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and Transactions with It.
Date added: 2017-02-20; ;
SEE MORE:
The residential privatization program in Russia has been in effect for more than 20 years. And until now, about 50% of the total housing stock in our country belongs to the state, and not to citizens.
It is for this reason that the program is extended every time. In 2017, it is planned to extend it for another 3 years – until 03/01/2019.
Ticket 30
According to Art. 7 Law of the Russian Federation
“On the privatization of housing stock in the Russian Federation”
the transfer of housing to citizens is formalized by a transfer agreement concluded by a local government body, enterprise, institution with the citizen receiving ownership of the residential premises, in the manner established by the relevant municipality.
Ownership of purchased housing arises from the moment of state registration of the right to residential premises.
The procedure for registering ownership of this premises
Before privatizing a residential property, you need to find out whether this legal action can be performed with it.
According to Art. 2 Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” prohibits the following categories of residential premises from being registered in the ownership of citizens:
| Recognized as unsafe or unsuitable for people to live in | such a conclusion is made by a special commission |
| Located in houses | which are being demolished |
| Located in dormitories | any type |
| Located in military camps | closed type |
| Related to official | the exception is premises belonging to a state farm or other agricultural enterprise |
You can privatize those premises that do not fall under these categories.
A citizen has the right to receive space from the state free of charge only once, that is, only once in his life can he register ownership of state-owned residential premises.
The exception is children under 18 years of age, who are required to participate in privatization. They do not lose their right.
All citizens who have permanent registration in it, including children under 18 years of age, can privatize an apartment.
If someone decides to refuse to participate in the program, they must issue a notarized refusal. Children cannot refuse to participate!
Participants in the process
The process of transferring ownership of public housing to citizens involves:
| All permanently registered in this premises | including children under 18 years of age |
| Government departments | who are the owners of the premises on behalf of the state |
| Organizations | state |
Necessary conditions for transfer
The first and main condition is that housing must meet the requirements of Art. 2 of Law No. 1541-1. Other conditions:
| Children under 18 years old | must participate in the program |
| Consent of those registered | everyone is required |
| Availability of documents | all mandatory |
| Conclusion of an agreement | about the transfer of housing |
Documentation
For privatization and conclusion of an agreement, it is necessary to submit the following package of documents to the housing department of the administration:
| Statement | for privatization |
| Everyone's consent | registered (application) |
| Notarized refusal | if there are those who refused |
| A document confirming the right to use this premises | Until 2005, such a document was an order, subsequently - a social rent agreement |
| Technical passport for the premises | it is issued by BTI employees and is a detailed graphic plan of the premises |
| Cadastral passport | reflects the technical data of the housing |
| Extract from the house register | it contains information about those registered in the apartment |
| Certificate from the accounting department of the housing office or management company | which confirms that there are no debts on utility bills |
| Copies and originals of passports | all participants |
| Receipt | document confirming that the state duty has been paid |
Additional documents may also be required. For example:
| Original and copy of death certificate | person previously registered in this apartment |
| Originals and copies of documents | which confirm the change of last name, first name or patronymic |
| Notarized refusal to participate in privatization | from other registered citizens |
| Other documents | relevant |
Preparatory process
Until 1991, apartments where people lived were not personal property. They were provided at their place of work and a warrant was issued, and family members were then registered at this address. But since 1991, it has become possible to privatize living space, that is, register the housing where they lived as free property.
To do this, the applicant applies to local authorities and provides the following documents:
- title papers - warrant and social tenancy agreement;
- an extract from the house register;
- certificate of family composition;
- originals and copies of identity cards of all registered family members;
- technical certificate;
- a document stating that the right to privatization has not been used previously.
They send the entire package of documents to the local administration, write an application and submit documents. They are checked and a decision is made. The legislator has allocated a period of 2 months for this. If it is positive, then all family members are invited to sign the agreement. There are cases when municipal authorities refuse privatization. Thus, you cannot register an apartment as your property if it:
- recognized as emergency;
- located in military camps;
- is a dorm room;
- is an office space.
Sample contract for privatization of residential premises
In order for housing to become the property of a citizen or citizens, it is necessary to conclude an agreement for the transfer of residential premises.
The parties to such an agreement are citizens (or citizen) and the state, represented by regional or municipal authorities. Also, the second party may be a state-owned enterprise.
According to Art. 7 of Law No. 1541-1, ownership of the living space arises when the agreement is registered with the Rosreestr authorities.
What does it reflect?
The agreement consists of several parts:
| Descriptive | it contains all the necessary information about the parties to the contract |
| Subject | all information about the subject of the contract |
| Rights and obligations | both sides |
| Conclusion | final provisions |
The descriptive part must include the following information:
| Contract number, date and place of its conclusion | Without specifying these details, the contract will be void |
| Subject of the Russian Federation in which the agreement is concluded | it could be:
|
| Locality in this region |
|
| Details of the parties to the agreement |
|
| Full name | the citizen (or citizens) to whom the apartment is transferred |
| Full characteristics of housing |
|
| If housing is transferred into shared ownership | that is, several citizens, then it is necessary to indicate the applicant’s share in this premises |
| Rights and obligations of the parties |
|
| General terms and conditions of the contract | it indicates what will happen if a citizen dies, what are the rules for using residential premises and other information that is general in nature |
At the end, the date of compilation and signatures of the parties, the seal of the administration is indicated.
How to apply
The Housing Department considers the application for privatization under a residential rental agreement within 2 months from the date of its acceptance.
The application is drawn up in two copies - one for each party. The applicant’s copy is marked with the number of the incoming document, so the citizen knows exactly when the deadline for consideration of the application expires.
The administration can assist the applicant in privatization, or it can give consent. If the answer is negative, then it must be stated in writing and argued, referring to the law.
If the answer is positive, then the administration prepares a draft agreement and invites applicants to sign it.
The agreement is drawn up in simple written form, that is, the law does not require its mandatory notarization.
But the applicant has the right to show the draft contract to a housing law lawyer. As soon as the parties sign the agreement, it must be submitted to the Rosreestr authorities at the location of the living space.
Here the applicant's ownership of the specified living space will be registered. As a rule, this is done within 1 month from the date of transfer of all papers.
In addition, the applicant must pay a state fee of 1,000 rubles. The receipt must be attached to the general package of documents.
Alteration
The law provides for amendments to the privatization agreement. This must be done in the presence of both parties and only with their consent.
A new version of the document, signed by both parties, is submitted to the Rosreestr authorities indicating the error. Employees of this body redo the document, correcting the error.
This “simple” option is possible if the error “crept in” unnoticed. For example, this could be a typo in the last name, date of birth and area of the apartment or in the address. That is, the error can be confirmed with a document.
If it is necessary to make changes regarding the determination of shares, then this can only be done in court. Rosreestr authorities will make the necessary changes, but only on the basis of a court decision
Termination
Termination of a privatization agreement is rare, but possible. To do this, you need to go to the housing department of the administration with which the contract was concluded and write an application to terminate the contract.
In this case, the owner again becomes the tenant of the living space, and the state becomes the owner, with all rights and obligations.
The tenant now has the right to lifelong use of this area, but not disposal or ownership. In addition, he loses his right to free privatization, since it has already been used.
This procedure is possible if the second party, that is, the administration, gives its consent to termination. If the citizen is refused, he has the right to go to court.
Local government bodies do not have the right to refuse the owner of the premises to “deprivatize” it if:
- this is the applicant’s only place of residence;
- This housing is free of obligations, including utility bills.
The contract can also be terminated if it is declared invalid by the court.
Possible nuances
When concluding or terminating a privatization agreement, there are some nuances that should be taken into account.
Invalidation
The privatization agreement is declared invalid on the general grounds for all types of agreements listed in Art. 166 – 181 Civil Code of the Russian Federation.
Such a legal action can only be performed by a court. This is done for the following reasons:
| The agreement does not comply with legislative acts | that is, compiled in violation of form and content |
| He's against the norm | morality and law and order |
| The contract is an imaginary transaction | that is, a real opportunity to apply it in practice |
| The contract is a sham transaction | that is, it “covers” another transaction |
| The contract was signed by a person | who is incompetent and there is a court decision about this |
In this case, the agreement is declared invalid as a void transaction. In this case, a court decision is not required, but evidence of the above grounds must be provided.
It is not the conclusion of the agreement itself, as the execution of a transaction, that is invalidated, but the consequences of this agreement, that is, the acquisition of ownership of the living space.
A claim to invalidate the consequences of such a void transaction can be filed within 10 years after signing the agreement. This is stated in Art. 181 Civil Code of the Russian Federation.
Also, the contract may be declared invalid by the court as a voidable transaction. The following reasons are needed for this:
| Applicant's authorized representative | exceeded its authority |
| Privatization was carried out by children aged 14 to 18 years | without the written consent of their parents (guardians or representatives) |
| Without the person's consent | representing the interests of a citizen with limited legal capacity |
| Signing the contract by a legally capable person | but who, at the time of signing, was in a state where he could not understand his actions |
| The rights of several individuals were violated | signed agreement |
| The contract was signed by a person | those who were in error |
| The agreement was signed under the influence of deception and threats | or other illegal act |
To invalidate a contract on these grounds, a claim can be filed within 1 year after signing.
Restoration of a document concluded before 1997
Until 1997, privatization certificates were issued. They were not registered with the Rosreestr authorities because such a body did not exist then.
Ownership of the living space was confirmed by the seal of the body that issued this certificate.
To restore a document received before 1997, you must contact the place where it was issued.
That is, to the housing department of the locality administration. Then this certificate must be taken to Rosreestr and registered.
How to get a duplicate
If the contract was lost, then you need to contact Rosreestr, where the document was issued. After a month, the applicant will be issued a duplicate OS with all the data.
Video: if the privatization agreement is lost
This duplicate will have the same legal properties as the original. But in the upper left corner there will be a “duplicate” stamp. You will need to pay a fee to issue it.
If not registered with the BTI
The privatization agreement must be registered with the BTI, but not all property owners know about this.
This can be done within 10 years from the date of its signing. After this period, the agreement can also be registered, but only by court decision.
