Rules for the privatization of a municipal apartment

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Published: 01/28/2018

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Municipal housing is currently represented by several types: apartments transferred under a social tenancy agreement for the use of one person or family, communal apartments, as well as dormitories that belong not only to the municipality or the state, but also to various enterprises, including state

• What kind of housing can be privatized?
• Partial privatization or privatization of a share in a municipal apartment Preparation of documents
• Stages of privatization

Provision of housing under a social tenancy agreement

Municipal authorities provide housing free of charge.

• The social tenancy agreement directly states that the tenant’s responsibilities include timely payment of utilities.
• An apartment or house used under a social contract. rental, cannot be sold, exchanged or gifted.
• Even redevelopment cannot be done without the consent of municipal authorities.
• The tenant has the opportunity to privatize the provided apartment under the “free privatization” program.

Legal regulation

The legislative basis for the privatization of an apartment is:

1. Civil Code of the Russian Federation.
2. Housing Code of the Russian Federation.
3. Law No. 1541-1 of July 4, 1991 “on the privatization of housing assets.”

Where to go

To privatize, you will need to visit several authorities.

• The BTI will need to request technical documents and check whether the actual condition of the apartment corresponds to the plan displayed in the technical documents. documents
• In order for privatization to be implemented, it will be necessary to collect a certain package of documents, for example, papers confirming the absence of debts on utility bills and information on registration in the premises will be necessary. Such documents must be requested from the Housing Office or through the MFC.
• It must be remembered that for privatization it will be necessary to determine who will claim shares of the object. If one of the registered persons does not want to participate in privatization and claim square meters, then they need to write a refusal and have it certified by a notary.
• After collecting documents, you must contact the housing department of the municipality with a statement of desire to privatize the apartment.

How to allocate a share in a privatized apartment

Each partition method has its pros and cons:

• allocation by agreement is easy to implement and does not require a lot of time, but it is necessary to obtain the consent of all co-owners;
• compulsory order with the help of the court does not require unanimity among the owners, but it takes longer, and in addition, you will have to incur some financial costs.

By agreement

The easiest option is to try to reach an agreement with the remaining owners.

What to do, where to go

So, you have decided to allocate your share, what needs to be done in this case and in what order?

1. Obtain the consent of all apartment owners.
2. Decide on option .
3. Prepare the necessary documents .
4. Pay the state fee .
5. Together with the notary, prepare the text of the voluntary agreement .
6. Apply the signatures of all co-owners , make sure that the notary employee has stamped and endorsed the document.
7. Visit Rosreestr or MFC, where you can write an application for amendments and attach the necessary documents.
8. Receive new extracts from the Unified State Register of Real Estate (about the allocation of part of the residential premises and about the redistribution of shares).

Documentation

When visiting a notary's office, you must have with you:

• identity cards of all participants in the transaction;
• title documents for the apartment;
• receipt for payment of state duty.

To change entries in Rosreestr you will need to submit:

• passports or birth certificates (for minor owners) of all participants in the transaction;
• a copy of the notarized agreement;
• applications for amendments (from each co-owner);
• title documents for residential premises;
• if a share is allocated in kind - documents from the BTI stating that redevelopment of the residential premises is possible;
• receipt of payment of state duty.

Sample agreement on allocation of shares

The agreement must contain the following points:

1. Date of document creation.
2. Place of its compilation (populated area).
3. Personal data about all participants in the transaction (full name, passport details, place of registration).
4. The object of the transaction and the address of its location, as well as its technical characteristics.
5. The area of ​​the residential premises in which the share is allocated, as well as the number of residential rooms, the presence of utility rooms and the ratio of the area of ​​residential to non-residential space.
6. Information about the allocated share and their distribution after the allocation has taken place.
7. When the agreement comes into force.
8. Number of copies.
9. Signatures of all parties to the transaction.
10. Signature of the notary and seal of the notary office.

Sample agreement on the allocation of shares in a privatized apartment

Price

You will have to pay a state fee for certifying the agreement, which will be 0.5% of the transaction amount (at least 300, but not more than 20,000 rubles). In addition, drawing up a document and printing it out at a notary office will cost from 500 to 3,000 rubles (depending on the region).

Making changes to Rosreestr will cost:

• for a co-owner who allocates his share - 2,000 rubles;
• for other shareholders – 350 rubles each.

Through the court

The co-owners do not agree to the allocation of the share, or have not found consensus on the procedure, in which case the option to go to court remains.

Who can file a claim

A claim for the allocation of a share may be submitted by:

• a co-owner of a residential premises who wants to allocate his part of the apartment;
• in case of violation of the rights of minors - guardianship and trusteeship authorities ;
• creditor of a co-owner who is a borrower.

Procedure

When allocating a share through the court, the following algorithm must be followed:

1. The first step is an attempt to resolve the problem out of court.
2. Collection of necessary documents.
3. Preparation of a statement of claim.
4. Payment of state duty.
5. A visit to the court office, where the plaintiff must submit the statement of claim and the package of documents attached to it.
6. Participation in judicial debates.
7. Receipt of a court decision that has entered into force.
8. Applying to Rosreestr with an application to make changes in property rights.

Statement of claim (sample)

Sample statement of claim for allocation of a share in a privatized apartment

The statement of claim must contain the following information:

1. The name and address of the court in which the claim is filed.
2. Personal data of all parties to the case (full name, registration address, contact details).
3. Cost of claim.
4. Name of the claim: “Statement of Claim for Allocation...”.
5. Subject of dispute. The location, size, and other characteristics of the disputed residential premises are indicated here.
6. Reasons for the dispute.
7. Information about attempts to pre-trial resolve the problem.
8. Links to regulatory documents on the basis of which the plaintiff requests that his claim be satisfied.
9. Claim.
10. A numbered list of documents attached to the claim.
11. Date and signature.

Documentation

The following documents are attached to the statement of claim:

1. Several copies of the claim (according to the number of participants in the process).
2. Photocopy of the plaintiff's passport.
3. Title documents for the disputed residential premises.
4. Technical passport.
5. In case of allocation of a share in kind - an expert opinion from the BTI on the technical feasibility of redevelopment.
6. Receipt for payment of state duty.
7. Other documents that could affect the outcome of the case.

According to Art. 132 of the Code of Civil Procedure of the Russian Federation, all documents, except the receipt for payment of the state duty, are attached to the claim in the form of photocopies.

But at the court hearing, the judge may ask the plaintiff or defendant to present the original documents attached to the claim to the court for review, so it will be necessary to have them with you.

Price

Claims for the allocation of a share are considered property, so the amount of the state duty will depend on the price of the claim, which, in turn, depends on the value of the allocated share. The specific amount of state duty can be calculated according to Table 1.

Table 1. Calculation of the amount of state duty when filing a claim for the allocation of a share, depending on the price of the claim

In addition to the state duty, in the event of a positive court decision, the plaintiff will have to pay a state duty in the amount of 2,000 rubles for registering changes in Rosreestr.

Arbitrage practice

If you look at the judicial practice on the allocation of shares in a privatized apartment, it becomes clear that the main difficulties arise in the following situations:

1. One of the co-owners is missing. He may live in another city, in another country; in particularly difficult cases, his whereabouts are generally unknown.
2. Death of one of the co-owners. Until the heirs enter into the inheritance, no allocation of shares is possible.
3. Inheritance disputes. The situation is also quite complex and until it is resolved, it is unlikely that it will be possible to allocate the share.
4. Divorce and subsequent division. If the former spouses are able to come to an agreement, then the problem is resolved quickly, but there are situations when legal disputes last a long time, especially if the family has minor children who also own a share in the privatized apartment.
5. Allocation of a share to a minor. Here, the guardianship and trusteeship authorities are included in the dispute over the division of property.

It is extremely rare that a court satisfies a request to allocate a share of a privatized apartment in kind. This is explained by the fact that currently few apartments have design features that allow physical division of living space in an apartment building, even if the shares of the co-owners are equal.

It is especially difficult to allocate a share if it is a small part of the living space, for example, 1/8 or 1/10. According to paragraph 4 of Art. 252 of the Civil Code of the Russian Federation, the allocation of a small part of the residential premises is replaced by the payment of monetary compensation, even if the owner of the share does not agree and demands that part of the residential premises be allocated to him in kind.

The court will definitely refuse to allocate a share when dividing a one-room apartment, since it is impossible to allocate a separate living room in such a living space.

Example

Natalya Tsapova, Timofey Zamankov's aunt and Evgenia Tsapova's grandmother left her two-room apartment as their inheritance. At the same time, she left three quarters of the living space to her grandson, and one quarter to her nephew. The men could not get along in the same apartment, especially since the grandson constantly reproached Timofey that he was using his part of the apartment illegally, since his share was only one quarter.

Evgeny filed a statement of claim in court with a claim for the forced purchase of Timofey's share, since the actual division of the apartment is impossible due to the small share of the defendant. The court ordered an examination, which showed that the defendant’s share does not allow him to be allocated a separate room, that is, allocating Tsapov’s share in kind is impossible.

The defendant did not challenge the findings of the examination and agreed to pay compensation. The plaintiff and defendant entered into a settlement agreement in court. Subsequently, Tsapov, using the funds paid to him as compensation, purchased a room in the hostel and moved there.

If you have a need to allocate a share in a privatized apartment, do not try to solve the problem yourself, especially if the co-owners of the residential premises are against allocating your share and do not agree to draw up a voluntary agreement.

It is better to entrust the solution to the issue of dividing a privatized apartment to a competent specialist.

At the very least, if you do not have the opportunity to find such a specialist in your locality, or you do not know who is best to contact, call our website staff at the numbers listed below. You can also contact the site’s on-duty lawyer and ask him your questions online.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

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• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call Moscow and Moscow region
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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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What is it for?

Privatization is the transfer of real estate from the status of municipal property to private property.

Owning an apartment by right of ownership allows you to dispose of it at your own discretion, i.e. After the privatization process, the apartment can be sold, donated or rented.

What law regulates the privatization of a communal apartment? Where to go to privatize an apartment? Find out here.

After privatization, the owner is a certain person or persons who own parts of the apartment. Other persons who register in the area of ​​the object after the completion of privatization do not lay claim to parts of the apartment.

Registration procedure

If you want to register a share in an apartment, the procedure may be as follows:

• obtaining consent for the privatization of all residents; the interests of children under 14 years of age are represented by their parents;
• obtaining a certificate from the BTI;
• submitting an application and documents to the municipality;
• consideration of the application - 60 days;
• signing a privatization agreement in the housing department of the local administration, where all residents must be present;
• payment of state duty, everyone pays according to their share;
• registration of property rights in the local branch of Rosreestr or MFC.

Since 2020, after registering property rights, a state-issued certificate is no longer issued. Now it is replaced by an extract from the Unified State Register of Real Estate.

Required documents

Along with the process of obtaining consent for privatization, it is necessary to collect a package of documents for privatization. The following documents will be needed:

• order or social tenancy agreement;
• technical passport from BTI;
• cadastral passport;
• identification documents of all applicants (passports and birth certificates);
• receipt of payment of state duty.

A sample application for privatization is here,

A sample social tenancy agreement is here.

For a technical passport from the BTI and a cadastral passport from Rosreestr, you need to pay a state fee. If you want to save time when preparing documents, please visit the Rosreestr website.

There you can apply for a cadastral passport and pay by card. All you have to do is go to the office to pick up the document.

Re-privatization of housing is possible only for minors. What is the cost of privatizing a dacha? Information here.

Is it possible to cancel a refusal to privatize? Details in this article.

Is it worth registering as a property?

Privatizing real estate is quite profitable because:

1. Privatization of apartments is free, i.e. the municipality does not require payment of the cost of the apartment to transfer rights to a civilian.
2. After re-registration, the owner has the right to dispose of the property at his own discretion.
3. The presence of property in a citizen gives him the opportunity to provide it as collateral to credit institutions.
4. Privatized real estate can be passed on by inheritance.

Advantages and disadvantages

There are many benefits from going through the housing privatization process:

1. The citizen previously living in the apartment, as a tenant, becomes the full owner and has the right to dispose of the property at his own discretion.
2. After the death of the owner, the property is inherited. Non-privatized real estate, in the event of the death of the tenant, is returned to the municipal fund.
3. The procedure for obtaining permission for redevelopment has been simplified for owners. If you are planning major renovations on public property, you will need to request permission for renovations from the municipal authorities to obtain permission.
4. In the event of loss of real estate due to an emergency, the authorities are obliged to provide housing that is no worse in conditions and no cheaper than the previous premises. If non-privatized real estate was destroyed during an emergency, then the state is obliged to provide living space with an area sufficient for all people registered in the lost property. The resulting housing may be smaller than the previous one, and worse in terms of conditions.

The disadvantages are that:

1. After privatization, the responsibility to pay taxes passes to the owner.
2. Also, the amount of utility bills increases, because... you will need to pay on cap. repair.

How to privatize a municipal apartment

The privatization process has its own characteristics.

In order to privatize real estate, the first step is to obtain the consent of all people living in the area of ​​the property.

If someone does not want to participate in privatization, he must write an official refusal of the share in the apartment and have it notarized.

It should be remembered that you can use the right to privatization only once.

Part

It is not prohibited to privatize part of an apartment if this apartment is a communal property.

If part of the premises is re-registered by a married couple, then the room becomes their jointly acquired property. After such privatization, partial leasing is completely legal, i.e. the privatized part of the apartment is transferred to the tenants for use.

room

Privatization of one of the rooms in the apartment is feasible only if the remaining persons registered in the apartment have written a refusal of this premises.

After the privatization of the room, the owner has the right to use common areas according to the rules established between the residents.

Share

The share of real estate is determined by square meters. Those. If many people live in a communal apartment, then each of them has the right to a certain share, i.e. quadrature - it can be 10 meters squared or 5 or 3.5.

After what time can you

The law does not define temporary standards for living in a privatization facility.

A tenant can be registered in an apartment for twenty years and have the right to receive ownership of the property, or he can register and begin the re-registration process in the same month.

Without agreement

When privatizing, it is necessary to enlist the support of all persons registered on the property.

If someone is against it, then he must write a refusal to participate in privatization or check out of the apartment.

If someone deliberately interferes with privatization, then re-registration is possible through the court.

A nuance of the privatization process is that if there are minor children in the apartment, it is necessary to obtain consent from the guardianship and trusteeship authorities.

If one is against

A negative attitude towards the privatization of the apartment of one of the citizens registered in its area should be documented by writing a refusal to participate in privatization.

The waiver becomes effective only if it is notarized.

If it's official

If the apartment is used by employees of any non-state structure, then it will not be possible to privatize it.

There are a number of exceptions to this rule:

1. Privatization is possible if the owner of the property gives his approval, i.e. organization.
2. If the housing stock is owned by the municipality after its voluntary transfer from the company. Those. employees first lived in apartments owned by the company, and then in municipal apartments, and thus had the opportunity to privatize their living space.
3. If the property was previously owned by a state organization, but then the company changed its status and became a private, commercial office. The real estate remaining on the balance sheet of the reorganized structure can be re-registered as the property of a private person.

Privatization of municipal housing

After the collapse of the Soviet Union, when the entire housing stock belonged to the municipality and the state, the privatization of apartments began by citizens living in them under a social tenancy agreement. The starting point in this matter was Law No. 1541-1, which regulates the rules and principles of privatization of real estate. Since 1991, when this legislative act came into force, amendments and changes have been made to it many times, and the period allotted for citizens to exercise their right to privatize a municipal apartment has been extended.

Page content

According to this law, every citizen over the age of 14 has the right to participate in privatization. Russians can use this right only once in their life. The exception is persons who took part in privatization at the age of 14 to 18 years, that is, being minors. Despite the fact that they have already exercised their right once, after they reach their 18th birthday, they can participate in the process again, but only once.

Why is privatization needed?

Privatization refers to the transfer of ownership rights to a residential property to citizens who live and are registered in this housing space under social rental conditions. The state, as the owner of real estate, acts as a lessor, and the persons registered in the apartment and exploiting it are tenants. When housing is privatized, it becomes the private property of the tenant. This is done on the following principles:

• principle of accessibility - every citizen of the Russian Federation over the age of 14 has the right to privatize a state apartment;
• one-time principle - this right can be used only once in a lifetime (except for the cases described above);
• the principle of gratuitousness - new owners of real estate receive personal property free of charge, without paying the cost to the municipality. Only the services of government bodies are paid for registering property rights, as well as for preparing and collecting the necessary documents.

As soon as the law on privatization was adopted, Russian citizens were perplexed about what it was and why, because they already have a roof over their heads, no one is kicking them out of their homes. Therefore, privatization did not become a mass phenomenon and even alarmed many. The authorities assumed that within a certain period of time everyone would have time to privatize their homes, but people were still in no hurry to do this, which is why the period allotted for the privatization of municipal and state housing stock was extended several times.

As of today, free privatization of housing will last until the beginning of March 2020, after which citizens will have to pay its full cost to the treasury in order to register their housing as private property. But the Russian government is seriously thinking about making privatization indefinite, since extending it every year is not only impractical, but also illogical. This is an extra waste of time and additional administrative costs.

In principle, refusing to privatize municipal housing is simply stupid. After all, privatized living space literally “frees the hands” of its owners. They acquire the right to dispose of real estate, which cannot be done with municipal housing. Ignorance and lack of understanding of all the benefits of privatization explains why this process dragged on for many years.

The positive aspects of privatization are as follows:

• after the death of the owner, the apartment is inherited by his direct heirs;
• the owner can bequeath his property to third parties;
• housing can be sold and make a good profit;
• it is possible to issue a deed of gift for an apartment;
• you can register and discharge anyone you want, whenever you want;
• in the case of a privatized apartment, it is much easier to agree on the issue of reconstruction and redevelopment of the premises;
• the home can be rented out, receiving regular additional income for this;
• You can use the apartment as collateral for a mortgage - take out a mortgage on it, etc.

There are many advantages of privatization, and all of them are of no small importance, but there is another side to the coin - along with the rights to housing, the newly minted owner also acquires certain obligations:

• the need to pay property tax (every year);
• when selling privatized housing in the first three years after registration of rights to it, you must pay personal income tax in the amount of 13% of the cadastral value of real estate;
• all expenses for maintaining the privatized home and common area fall on the shoulders of the new owners.

Important! Payment of personal income tax can be avoided if you sell a privatized apartment 3 or more years after its privatization or take advantage of the right to a tax deduction.

What type of housing is municipal?

Municipal property includes those residential properties that are on the balance sheet of the municipality and are its property. But not all municipal and state-owned residential properties can be privatized. According to Law No. 1541-1, which regulates the process of privatization of municipal housing stock, it is impossible to privatize the following categories of real estate:

• municipal apartments and rooms in communal apartments, which are official housing;
• dorm rooms;
• housing stock of closed military camps (settlements);
• living space in a building in disrepair and subject to demolition.

Attention! You can also privatize service apartments if you file a corresponding statement of claim in court and prove the illegality of the decision to assign the apartment the status of service living space.

In most cases, the procedure for the privatization of municipal housing is carried out peacefully, but the housing issue is so complex and unpredictable that each specific case will have a number of characteristic nuances that can cause some disagreements and contradictions. It will not be possible to sort out such cases without legal proceedings.

Issues resolved through court include:

• privatization of municipal residential premises, which for some unknown reason is not in the Unified State Register (USRN);
• the housing belongs to the special housing stock (official) and received this status unlawfully;
• refusal of municipal authorities to privatize housing through a standard procedure;
• one of the persons who have the legal right to participate in the privatization of a specific apartment does not want to participate in the process and categorically refuses to sign an official refusal, etc.

Usually, cases reach the court that cannot be resolved by alternative methods, for example, through negotiations and the search for compromises between the parties involved in the process.

Procedure

A privatization deal can only be concluded if certain steps are completed in the required sequence:

1. You will need to collect a portfolio of papers required for privatization. When collecting documentation, you need to understand that documents have different validity periods and terms of their preparation, for example, it is better to order a certificate of family composition at the last moment, because it is valid for only ten days, and documents from the BTI must be ordered in advance, because their preparation can take a whole month.
2. Contacting the municipal housing authority to write an application and submit documents.
3. After reviewing the submitted documents, the municipality makes a decision on the possibility of privatization. The authorities prepare an agreement on the transfer of ownership rights within two weeks.
4. After the contract is concluded, you must contact the registration chamber and order title documents for the property.

Is it possible to privatize part of the apartment?

The rules regarding ownership rights and privatization of real estate are established in regulation F3.

The articles contain the following information:

1. Citizens living in residential space that was received under a social tenancy agreement have the right to acquire ownership of it through privatization. In this case, only one of the residents can become the owner, or the property is divided into shares.
2. It is worth considering that the decision to privatize property must be exclusively unanimous. It is confirmed accordingly at the notary's office or at the time of filing the application.

In this case, one person can become the owner, but others must agree to the registration procedure in writing.

The above information indicates that the main condition for the privatization procedure is the consent of all residents.

Let's celebrate! It must be received in writing and must also be notarized if other residents cannot be present at the time of submitting the application.

What documents are needed

To submit an application to the residential department of a city or other locality will need to collect a very specific package of documentation.

The list of documents includes:

1. Application for privatization. As a rule, it is written already in veins. department when you have all the other papers on hand.
2. An extract from the unified real estate register (now this is the document that is issued to apartment owners, instead of the usual pink certificate).
3. Technical passport of the object.
4. Proof that none of the privatization participants have used their rights before. The proof is a certificate that can be requested from Rosreestr.
5. Information about registered and discharged persons for the entire period of use of the apartment. Such an extract is issued at the local passport office.
6. Extract from persons. apartment account, from which it follows that there are no debts on utility bills.
7. A social tenancy agreement, on the basis of which people live in the apartment.
8. Passports of all citizens registered on the real estate area.
9. Notarized refusals of those persons who are registered in the apartment, but do not claim part of it after privatization.
10. Documents from the guardianship and trusteeship authorities on consent to privatization without the participation of a minor child registered in a non-privatized property.
11. A receipt confirming payment of the state fee.

Privatization of share

The shares of co-owners of a privatized apartment are measured in rooms. In municipal communal apartments these are rooms that can become independent privatized objects.

The sale of a share or the entire apartment that has already been privatized is possible only with the consent of all co-owners of the property.

Privatization without the consent of the tenant

As we have already said, privatization of real estate is possible only with the consent of everyone registered in a given apartment. Consent is not required from temporary residents or those who are not registered but live in the apartment.

Consent to privatization is also not required from citizens who live in a communal apartment under a sublease agreement.

If a citizen does not have permanent use of an apartment, then his consent to privatization is also not required.

Privatization for a child

How to privatize part of an apartment if a minor child is registered in it?

According to the Law of the Russian Federation, a minor child can participate in the privatization procedure on the same legal rights as other citizens of the Russian Federation.

A minor may act:

• independently - through legal representatives (parents or guardians);
• together with other home owners.

Depending on who will be the owner of the privatized apartment, a minor can be either a co-owner or the sole owner of the property.

Questions and answers

During the privatization process, many questions arise that can be asked of lawyers.

The article presents the most popular questions and what answers the law provides.

Who is eligible

Absolutely every citizen of the Russian Federation who is registered on a residential area of ​​municipal real estate has the right to privatization.

Anyone who has not privatized anything before can privatize.

There are exceptions to this rule, for example, if a child participated in privatization, then after he reaches the age of eighteen, it becomes possible to undergo privatization again.

Children can participate in privatization only with the consent of their parents and guardianship authorities.

Can they refuse?

Privatization can be refused only if:

1. An incomplete package of documents was provided.
2. The validity of the documents, at the time of their delivery to the authorities, had already expired.
3. It is impossible to obtain ownership of the object, since it is not included in those permitted for privatization.
4. Some of the persons who have expressed a desire to participate in privatization do not have the right to do so.

Is it possible to sell without registering ownership?

A lot of people throughout Russia ask about how to sell municipal real estate.

Is privatization of emergency housing allowed? Is it possible to take part in privatization a second time? Find out here.

Read about the privatization of apartments in closed military camps at the link.

The answer is simple and clear - it will not be possible to sell non-privatized real estate, because... the owner is the state.

Without the consent of the person registered in it

Privatization of a municipal apartment is possible, even if one of the registered persons opposes re-registration.

There are several ways out of this situation:

1. Ask the dissatisfied person to refuse to participate in privatization.
2. Discharge the rebel from the apartment.
3. Apply through the court.

How to register property after the child is discharged

If children are registered at the property, then to simplify the privatization process, children can be registered at a different address.

If there are no minors left at the facility, then there will be no need to visit the guardianship and trusteeship authorities.

Privatization of municipal housing 2020: rules and procedure

A municipal apartment is owned by the state government. Living in it is possible upon concluding a social tenancy agreement. Many people sooner or later think about transferring public housing to themselves in order to become its full owners. After all, this gives you the opportunity to dispose of it as you wish. You will learn further in this post how the privatization of municipal housing is carried out.

Is it possible to privatize a municipal apartment?

Privatization is the process of transferring rights to housing from the state to a specific citizen. No one is obligated to carry it out; this is the right of every person living on state property. Its task is to create optimal conditions so that people can have their own living space.

Municipal housing is housing that is owned by the state and transferred to people for use on the basis of a social tenancy agreement. Property is transferred free of charge, with the exception of payment for utility services.

If the tenant dies, the property reverts to the local authority. But citizens are given the right to draw up a will indicating further privatization. In this situation, only those people who have a residence permit will be able to apply for housing.

You can privatize any municipal-type residential premises, be it an apartment, a house or parts thereof. These objects can be converted into private property. But there is property that cannot be privatized.

This includes the following:

1. Property located on the territory of a military camp.
2. House museums.
3. Premises owned by commercial companies.
4. Buildings located in parks, squares, historical and architectural complexes.
5. Housing declared unfit for habitation due to its unsafe condition.
6. Premises located in the zone of man-made accidents.

You can register residential property at any time; the law does not set any deadlines. After all, this procedure is voluntary. If desired, the employer can begin privatizing a share in a municipal apartment or the entire premises immediately after signing the social rental agreement.

Is it worth privatizing a municipal apartment: pros and cons

The following table will help you figure out which is better: a privatized apartment or a municipal one.

Rules for the procedure

The rules of privatization are quite simple; the procedure must comply with the following principles:

• Re-registration of real estate is carried out free of charge. Only government fees are payable.
• Privatization is carried out entirely voluntarily.
• The privatization agreement has a standard form throughout the Russian territory.
• The opportunity to privatize a share in a municipal apartment, and not just the entire premises at once.
• The agreement on the transfer of rights to property is drawn up in one copy, regardless of how many people took part in the procedure. If necessary, all participants have the opportunity to make a copy and have it notarized.

There are two options for re-registration:

1. In shared ownership. In this case, each family member will own a certain part of the property.
2. In joint ownership. With this method of registration, the home will belong to all participants in the procedure.

It is recommended to privatize in shares, so that in case of divorce there is no need to divide the home.

If the tenant lived in a municipal apartment that was recognized as dilapidated or in disrepair, there is no need to rush into privatization. It is better to wait until the house is resettled, new housing is provided, and then re-registered in your name.

Apartments issued on the basis of service in law enforcement agencies or the armed forces are not allowed to be privatized. However, it is possible to obtain consent from the department to transfer real estate into the ownership of local authorities. Only then can we begin the privatization of municipal housing in the standard manner.

How to privatize a municipal apartment

Privatization is carried out in several stages. First, you need to obtain consent for registration, then register your ownership of the living space.

Where to contact

First of all, you need to visit the administration, namely the department dealing with housing issues. You must come there with an application. The organization will review the application and draw up a privatization agreement.

After the agreement with the municipality is concluded, you will need to contact the Rosreestr body to register ownership. You can visit the institution in person or send documentation through the State Services portal.

You can also use the services of the Multifunctional Center. Recently, the MFC has been accepting documents for registration, which it then transfers to Rosreestr.

What documents are needed to privatize a municipal apartment?

When contacting a local self-government body, you need to prepare a certain package of papers. You must carefully check that all documents are in place. The absence of even one certificate will result in refusal to accept the application.

The following is required:

1. Application from the tenant with a request to re-register the residential premises.
2. Passport.
3. Certificate confirming the birth of the child.
4. Agreement with the administration on rental housing.
5. Technical plan of the home.
6. Bank account information.
7. A certificate indicating the repayment of all payments for utility services.
8. A document confirming that the citizen refused to participate in the re-registration, if any. A certificate is issued by the BTI authority. It must contain information about the period during which the citizen who refused privatization lived in the apartment.

You can download a blank form and a sample of filling out an application for privatization of an apartment directly on our website. Sample statement of claim for privatization of an apartment through the court.

To carry out registration actions, the Rosreestr authority will need the following documents:

• Application with a request to record the transfer of ownership of the home.
• Applicant's passport.
• Agreement on the implementation of privatization.
• Technical plan of the home.
• A receipt certifying payment of the state fee.

Having accepted the package of papers, employees of the registration institution or the Multifunctional Center issue a receipt. It indicates the date when the citizen can pick up his certificate of ownership. From the moment the information is entered into the real estate register, the tenant becomes the full owner of the property.

Deadlines

The standard period for registration of privatization takes 2 months. Entering data into the real estate register takes place within a week if you submit documents directly to the Rosreestr office. If you register through the Multifunctional Center, the registration period will increase by about 2 days, since the employees themselves do not deal with the procedure, but transfer the papers to Rosreestr.

Price

During privatization, there is no need to buy out a municipal apartment. But this does not mean that no expenses will be required. The procedure is accompanied by the use of various services for which you must pay.