How to Restore an Application for Privatization in Moscow 2006

How to restore documents for an apartment: instructions

How to restore documents on the privatization of an apartment, what documents are needed for this? Duplicates of these papers can also be ordered from the BTI, of course, by paying for this service; it is this organization that contains data on all privatized apartments. Receipt time will not be more than 2-3 weeks. The apartment owner’s passport is the only document that is required for restoration, and therefore, to save time, a request for restoration can be made simultaneously with the submission of an application for a duplicate of the foundation agreement. The only thing to consider: if the apartment belongs to several owners, then to restore the privatization papers you will need either the personal presence of all owners or a power of attorney from each of them.

Registration procedure

In order for the drawn up apartment privatization agreement to come into force, and for the citizen to become the full owner of the real estate, it is required to register it and obtain the appropriate certificate of transfer of ownership. Registration of a real estate privatization agreement is carried out in one of the following authorities: You can contact this registration authority either during a personal visit to the territorial office, by sending documents by mail (letter of notification), or by using the official portal of the organization.

1. Multifunctional Center.

After the contract and the necessary list of documents are submitted to the registration authority and a decision is made to satisfy it, data on the privatized property is entered into a single database of the Unified State Register of Real Estate. During the consideration of the privatization agreement and the decision to approve/refuse to approve privatization, all documentation will undergo an examination, during which the following actions will be carried out:

1. Checking all completed documentation for grammatical, spelling, syntactic, lexical, stylistic errors, legal inaccuracies, corrected words (not allowed);
2. Analysis of the form of the documents drawn up, their content, in particular the rights and obligations of the parties to the agreement;
3. Conducting an analysis of the content of the submitted list of materials, checking the certification;
4. Checking the correctness of the specified legislative references and how relevant they are in a particular case;
5. Checking title documentation for authenticity (privatization agreement, extracts from the Unified State Register of Real Estate);
6. Checking a privatized property for encumbrances (administrative arrest, pledge, debts for housing and communal services, etc.).

After completing the complex of verification actions, a decision is made to refuse or satisfy the application for privatization of the apartment, after which the corresponding stamp is affixed to the document. In case of refusal to register the apartment privatization agreement, it can be appealed by contacting the appropriate authority.

a contract for the privatization of a real estate property is carried out within a time period equal to ten days from the date of filing the relevant petition.

Lawyers' answers (2)

As one of the share owners, you are obliged to comply with the rules of Art. 250 of the Civil Code of the Russian Federation, which grant the remaining owners the right of first refusal to purchase your share.

Without a notarized refusal from the remaining owners, you will not be able to complete the transaction, especially since it requires notarization. Therefore, first resolve the issue at this stage, and where to get a copy (duplicate) of the agreement on the free transfer of housing into the ownership of citizens is a second matter.

If there is mutual consent to the transaction, there will be an agreement itself. Good afternoon You can request a copy of the privatization agreement from Rosreestr (where you registered the right of shared ownership of the apartment). State police - 200 rubles. To comply with the rule of first refusal, you must offer the other participants in shared ownership to buy out your share for a price you set (at which you will then actually sell it and indicate it in the purchase and sale agreement).

State police - 200 rubles. To comply with the rule of first refusal, you must offer the other participants in shared ownership to buy out your share for a price you set (at which you will then actually sell it and indicate it in the purchase and sale agreement). You can do this through a notary or send a telegram to the other participants. In the telegram you must indicate the price for the share, the address of the apartment, its area. Certify the text of the telegram by mail.

Mandatory notarial notification is not required. If within a month you do not receive a response about your readiness to buy out your share from the remaining owners, you can sell your share. Transactions with shares require mandatory registration with a notary.

You can donate your share without the consent of the other participants in the shared ownership.

: Benefits for privatizing an apartment in 2020

The apartment privatization agreement was lost

If your parents’ apartment is not privatized, then no one has any shares in it; if it is still privatized, then they cannot deprive you of your share there, they can only try to remove you from the registry. accounting in order to pay less for utilities, in the absence of meters, and forget about your grandmother’s, you are not the heiress of the first stage. Moreover, if you lived at the time of privatization, but did not participate in it, you retain the right to use until you leave there yourself, but if you leave, then your parents may recognize you as having lost the right to housing.

Termination

According to the current legislation, the reverse procedure is also possible - termination of the privatization agreement for the presented type of real estate.

To do this, the owner must decide for himself whether he needs privatized housing - in some situations it is beneficial for owners to live in a municipal apartment in order to obtain the right to expand according to their special social status.

If there is a desire to terminate the contract, all owners must contact the municipality to submit an application for termination.

To terminate the contract, it is necessary to obtain consent from all owners. An application can be submitted today to the MFC, which is also done by all apartment owners. Please note that not every contract is subject to termination.

The local municipality does not accept the apartment into the state fund in the following cases:

• if the property is seized or encumbered by credit institutions;
• if a minor participated in privatization, in this case even permission from the guardianship authorities is not considered;
• if the owner has another premises in the property;
• if after privatization other residents were registered in the apartment.

Termination of the privatization agreement for the presented property entails negative consequences for the former owner. Firstly, after termination, the contract eliminates the right to privatize the same apartment again.

Secondly, the former owners lose their right to further free privatization of the apartment. Therefore, the decision to terminate the apartment privatization agreement should be made thoroughly and not spontaneously.

Moreover, if there is one owner who does not agree to terminate the document, it will not be possible to achieve what is planned, even through the court.

Documents for privatized apartments should be treated with care; it is recommended to understand all the responsibilities. An apartment privatization agreement is the first official document for real estate registered as ownership. Therefore, it is necessary to take into account all the nuances of further ownership.

How to privatize a land plot is described in the article: privatization of a land plot. Read here what to do after signing the apartment privatization agreement.

Where to apply for privatization of an apartment is discussed on this page.

Advice 1: How to restore the privatization agreement

• Social rental agreement. Copy it on a photocopier and present three copies of the photocopies and one copy of the original.
• Extract from the house register. This document is drawn up at the housing department and includes all family members who have ever been registered in a living space registered under a social tenancy agreement. Two photocopies and one original are attached to the package of privatization documents.
• Original and photocopy of personal account statement. You can obtain this document from the management company, which sends you receipts for payment of utility bills.
• Originals and photocopies of passports and birth certificates of all registered citizens. Photocopies must be made of the first and second pages, as well as from the page where the stamp confirming registration in the residential area is affixed.
• Photocopies and originals of the explication and floor plan of the apartment. All documents must be certified by the technical inventory bureau. If more than 5 years have passed since the registration of these documents, you will need to update the information by calling a BTI technical employee. If redevelopment has been carried out and you do not have the appropriate documents, that is, you carried out all the work without permission, you need to legalize the redevelopment and obtain technical information from the BTI.
• An order, a social tenancy agreement or an extract confirming the right to enter into a social tenancy agreement. All documents in originals and attached photocopies in triplicate.
• Application for privatization. You will write it when submitting all documents to the housing department of your district administration.

YuA Optimist

The procedure for restoring a registration certificate confirming the right to common shared ownership is the same as for individual ownership of housing, with the exception that all apartment owners must contact the registration authority.

The participants in this case are the applicant and other interested parties; if we take your case, the interested parties in the case will be the organization that entered into an agreement with you, the administration, and the BTI as the body that registered real estate transactions before 1997.

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Important nuances

The contract is declared invalid by the court.

This can happen in certain situations:

• violation of the rights of persons under the age of majority or legally incompetent;
• signing of a contract by persons incapacitated;
• the person’s previous participation in privatization;
• signing a contract against the will of the employer, under the influence of violence or delusion.

Minor children take part in privatization. But it happens that ignorance of the laws leads to the transaction being challenged in court.

Violation of a child’s rights to his share in the apartment where he lives is a direct violation of the law. If this situation occurs in practice, this is grounds for recognizing the nullity of the transaction.

Persons who are registered in residential premises can take part in privatization. But there are citizens who are temporarily deregistered because they are in a colony or doing military service.

They do not lose their right to live in residential premises. A transaction in which their rights were violated is considered void.

But this does not happen in any case, but only under circumstances when a person does not understand the significance and meaning of the actions he commits and cannot lead them.

This often happens based on a claim received from interested parties. For example, from relatives who go to court to protect themselves from the actions of an unhealthy person.

We invite you to read: Who is not subject to land tax 2019

Please note that transactions, not only privatization, in which a mentally ill person participates are considered void.

But these transactions must be distinguished from those made by an adult with limited legal capacity.

They stipulate the conditions under which the housing becomes yours.

Among them are:

• Contract of purchase and sale, deed of gift, exchange, rent.

• Transfer of ownership of housing to someone.

• Information about participation in shared construction.