Privatization of an apartment under a social tenancy agreement

And a number of citizens mistakenly consider municipal housing to be “theirs”, believing that they can dispose of it at your own discretion.

The decision on the need to purchase such property must be made by all residents registered in the apartment.

The opportunity to privatize housing is provided to a citizen only once , so it is worth weighing all the pros and cons in advance. Let's look at the main points of this procedure.

What is the privatization of municipal (state) housing?

Privatization of an apartment with an initially drawn up social tenancy agreement signed between a municipal body (or state) and a citizen is a transfer of ownership and the acquisition of additional rights and obligations regarding this housing by a citizen (the possibility of selling, donating, renting, leasing, etc. .).

Until a certain period established by the state, the procedure is free , but quite troublesome and time-consuming.

Currently, the deadline for privatization, which can be carried out free of charge , is March 1, 2015. The process began in 1992 and was extended several times by decree of the country's president.

An apartment (municipal housing) can be transferred by the state either into common ownership or into the ownership of one person living together with those registered in it!

Privatization of an apartment under a social tenancy agreement

The very first step is collecting all the documents and getting them notarized. Most experts advise starting with obtaining characteristics from the BTI, because it takes the most time. Next, you must write an application at the privatization center; all residents of the apartment that was rented under a social tenancy agreement are required to sign it.

After this, your question will be considered within a month, and you will receive an appropriate order. If it is positive, then you will be given a document that will indicate your ownership of this housing, but you will also need to sign it. After this, it will take about two weeks before the employees of the relevant organization issue you the original certificate of ownership, not of the apartment under a social tenancy agreement, but of your personal apartment.

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Required documents

The package of documents is impressive. In addition, there are a number of nuances that you need to know about at the stage of collecting and preparing all the necessary documentation.

Main package of documents:

social rental agreement;
documents on the basis of which the residential lease agreement was signed: a warrant or an extract from the order;
explication and floor plan - passport of the residential premises. Documents are requested from the BTI (technical inventory bureau);
original passports and photocopies of completed pages of all people registered in the square;
in the case of children under 14 years of age - birth certificate and copy;
extract from the house register;
a copy of the financial and personal account;
in the event that there is a discrepancy in the surname in the documents of a person, it is necessary to attach a supporting document. Most often - a marriage registration certificate;
application for privatization + written consent of all registered residents;
in the event that someone refuses to include him in privatization, or transfers his right (share) to another person registered in the apartment, a notarized application is required.

Note! If the process involves citizens who, after June 1991, were not permanently registered in the privatized area, it is necessary to attach an extract from the house register at all previous addresses to the package of basic documents.

This will confirm his right to privatization .

If a citizen has already participated in the privatization process of other municipal housing, he does not have the right to privatize this one. But in any case, it is necessary to obtain consent for the privatization of this housing.

In the case of fully or partially incompetent citizens or children under guardianship, it is necessary to provide a court decision recognizing the people as such.

In this case, there must be a power of attorney or administrative document confirming the possibility of carrying out the procedure for acquiring property rights.

who served a sentence after June 1991 participates in privatization

certificate of release;
a copy of the court verdict;
a document confirming the fact of serving the sentence;
court decision regarding existing housing rights or lack thereof.

Is it possible to privatize housing under a social tenancy agreement?

document characterizing the property;
social rental agreement;
statement of personal account and home books;
certificate of registration certificate;
court decision, if any;
passport data of all citizens living in this territory;
certificate of absence of property.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Nuances of the procedure

“One-stop-shop” services are actively developing in the country , to which it has become possible to contact almost any issue related, including housing. In Moscow there is an “Office of the Department of Housing Policy and Housing Fund”; each district has its own.

All participants in the procedure should contact the competent authority in person with a package of documents! Or provide a notarized power of attorney if a representative applies.

After checking the availability of all necessary documents, the agreement is signed by the participants who submitted the application for privatization. In some regions, a request for the procedure can be submitted electronically.

Then the right to transfer ownership must be registered with Rosreestr.

The applicant can apply there, but a representative of the authorized body who is a party to the privatization agreement must be present when submitting documents.

A representative of an authorized body can also submit documents, but the applicant (the other party) must have a power of attorney certified by a notary .

Adult citizens who live in an apartment with a person who has decided to privatize it have the right to waive their right to privatization. But minors are required to participate in the acquisition of property rights.

Documents required to register the transfer of ownership in the “Office of the Federal Service for State Registration, Cadastre and Cartography”:

Application for state registration from all parties to the agreement or their legal representatives.
Privatization agreement.
Applicant's passport. If a representative applies, a notarized power of attorney is required!
In case of existing refusals from privatization - copies of applications.
Certified copies of the social tenancy agreement.
Certificates confirming the right to privatization by specific citizens.
Certificates of registration at the previous place of residence. In case of arrival after June 1991 to the privatized area.
Permission from guardianship authorities (if there are incapacitated people or minors in certain situations).
Receipt for payment of state duty.

An application for state registration of termination of the right to use other premises under a social tenancy agreement may be required In each specific case, the set of documents can be supplemented . This information must be clarified in Rosreestr at the place of residence and privatization of the property.

Is it possible and how to privatize an apartment under a social tenancy agreement?

Personal documents of citizens.
Certificate of registration.
Social tenancy agreement and warrant (if available).
Technical passport, cadastral passport, floor plan of the apartment.
Receipt for state duty.
Certificate form 9 for citizens who have left the apartment and are living at a different address.
Certificate of change of surname (if it has changed).
Refusal of privatization.
Power of attorney for privatization (if one of the parties to the agreement cannot be present at the registration in person).
Permission from the guardianship authorities, if the refusal is issued on behalf of a minor citizen from 14 to 18 years old.
Previously registered death certificate (if available).

The procedure is absolutely free, not counting only the cost of the state duty ( amount is 1000 rubles for each party to the contract) and payments for various certificates.

Process duration

The period for signing a privatization agreement ranges from 30 to 60 days , depending on the subject of the Federation.

The period for registering the transfer of ownership in the branches of Rosreestr averages from 15 to 20 days .

The possibility of free privatization is currently limited to March 1, 2020. This procedure requires the consent or refusal of privatization of all people registered in the apartment.

In most cases, citizens are required to confirm their right to privatization, since this procedure is provided only once in a lifetime .

On average, the entire privatization process takes about 2 months .

The procedure for the privatization of housing under a social tenancy agreement in 2020

Legislation regulating privatization issues establishes that public housing, which citizens use under social tenancy agreements, can be transferred to their ownership according to the same rules as other residential premises owned by the state.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Privatize an apartment under a social tenancy agreement

The final list of documents that will be required to transfer square meters to citizens as property may vary greatly in different cases. You can always clarify it in the privatization department of the municipality or other authorized body. Tentatively, it may include:

The government agency responsible for assisting citizens in exercising the right to privatize apartments must identify errors and inaccuracies in the documentation provided by clients. If necessary, the relevant department should issue notices that legally suspend work with certain sources.

Is it possible to privatize a municipal apartment without a social tenancy agreement?

Registration of ownership of apartments from the Ministry of Defense has some features. Its privatization requires the removal of its official (departmental) status. This procedure is carried out with the participation of the Ministry of Defense and requires the preparation of additional documents. Read about the procedure for deprivatization of residential premises in our article.

document characterizing the property;
social rental agreement;
statement of personal account and home books;
certificate of registration certificate;
court decision, if any;
passport data of all citizens living in this territory;
certificate of absence of property.

I received an apartment under a social tenancy agreement, is it possible to privatize it?

1. Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (the landlord) undertakes to transfer to the other party - the citizen (tenant) ) residential premises for possession and use for living in it under the conditions established by this Code.

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.

The procedure for privatization of housing under a social tenancy agreement

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

a privatized apartment can be alienated. Having a document certifying ownership, you can legally sell the apartment or issue a deed of gift for it;
housing with a formalized right of ownership can be passed on by inheritance or bequeathed to someone, rented out, concluded a rental agreement, or registered as collateral for a loan.

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Conditions and procedure for privatization of an apartment received under a social tenancy agreement

The contract includes everyone registered in the living space , including minors. If, at the request of the tenant, outsiders moved in during the term of the agreement, they are recognized as members of the tenant’s family, are included in the documentation and receive a share in the living space.

Registration of real estate ownership from the Ministry of Defense has some features. Its registration requires removal of its official (departmental) status. This procedure is carried out with the participation of the Ministry of Defense and requires additional documentation.

Is it possible to privatize an apartment using social security?

A new invention that significantly simplifies the process of passing through bureaucratic authorities - a “one-stop shop” service, is at your service. In each district of the capital of the Russian Federation there is an Office of the Housing Policy Department, where you should apply with a request for privatization.

Renting premises in accordance with a social contract provides for the transfer into the hands of the tenant of housing from the fund of a certain social organization on the terms stipulated in the agreement. This process is regulated by a number of articles of the RF Housing Code ( Articles 60, 63, etc. ).

10 Jun 2020 lawurist7 361

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Is it possible to privatize housing received under a social tenancy agreement?

Now, if we briefly answer the question posed in the title of the article, then, perhaps, that’s all. You can privatize housing received under a social rental agreement. Another thing is - is it necessary to do this? In my opinion, no. From an economic point of view, privatization is unprofitable. And it does not provide any significant advantages to the new homeowner. I have already given my argument on this issue in one of my articles. I won't repeat myself.

Although, as I already noted, privatization can be carried out only once, but here, not everything is so simple. In jurisprudence, as in philology, there are no rules without exceptions. Thus, according to Article 15 of the Decision of the Committee of the Russian Federation on Municipal Economy “On approval of the approximate regulations on free privatization of housing stock in the Russian Federation,” when moving to another residential premises obtained under a rental or lease agreement, citizens have the right to privatize their new housing. But at the same time, they must necessarily terminate the contract for the transfer of ownership of the previously occupied privatized premises. after moving to another residential premises (apartment) under a social tenancy agreement, it can be privatized only after the privatization agreement for the previous apartment is terminated.

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