Is it possible to privatize a room in a municipal apartment to separate from your mother?

Features of the law

Is it possible to privatize a room in a municipal apartment? The regulations for the privatization of housing in the Russian Federation are contained in the Federal Law “On Privatization...” dated July 4, 1991.

According to it, the apartment is privatized exclusively as a whole into shared ownership or into the ownership of one of the registered ones, subject to the refusal of the remaining persons.

Registration of ownership of part of the housing is not provided . But at the same time, a similar action can be carried out if part of the apartment or room is allocated in kind. In this case, the apartment becomes essentially communal.

Article 72 of the Housing Code of the Russian Federation provides for the possibility of exchanging such an apartment for another residential premises provided under a social contract. hiring

Every citizen of the Russian Federation who is permanently registered in municipal housing has the right to one-time participation

Allocating a room and then privatizing it allows you to become the rightful owner of the living space . From the moment of receiving the Certificate of Ownership of the room, the owner can take the following actions:

1. Conclude transactions for the alienation of a room (share).
2. Register any tenants in your living space without the consent of your neighbors.
3. Rent out a room.
4. Bequeath this living space.

The disadvantage of privatizing a separate room is the lack of rights to common areas.

From the moment of privatization of part of a municipal apartment, the owner becomes the owner of only a certain number of square meters .

He can only use the rest of the area (bathroom, toilet and utility rooms) together with other residents. He will not have property rights to this area.

Why do you need to privatize a municipal apartment?

Privatization gives the owner the opportunity to dispose of the apartment as if it were his own, that is:

1. The right to donate residential premises or part thereof.
2. The right to sell part of the apartment or all of it.
3. Transfers by inheritance in accordance with current legislation.
4. Redevelopment of premises in accordance with the rules and under the control of architectural supervision services.
5. Making an exchange in whole or in part at your own discretion.
6. Renting out in whole or in part, as well as performing other actions that do not contradict current legislation, as with your own property.

In the event of a debt to a bank or any creditor, a state apartment cannot be foreclosed on; it cannot serve as a pledge. But a privatized apartment can be requisitioned to pay off a debt or sold with a portion of the amount retained to pay off the debt. A part of it can also be sold to obtain the proceeds to pay off the debt. This is a significant disadvantage of owning an apartment as private property.

How to allocate a share?

To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.

For this opportunity to arise, part of the apartment must meet the following requirements :

1. Represent a separate room or several rooms.
2. Have a separate entrance.
3. Be a completely isolated room from other rooms.

If it is possible to separate part of the premises, you need to start by contacting the owner of the property - local authorities. Since the division requires redevelopment of the apartment , the application must ask for permission for such actions.

If the answer is positive, you must contact the appropriate organization to draw up a redevelopment project.

Having received all the necessary permits and documents, the residents divide the premises .

Then a new social tenancy agreement .

The allocated parts of the apartment become separate objects and are privatized in the usual manner.

Concept of share

If we think logically, there is no share in the apartment or house for the person living in it under a social tenancy agreement. But it is thanks to privatization that this very share can be obtained. But the old option of dividing an apartment by court is no longer possible. It is determined that:

• the apartment is a separate object;
• To separate the apartment, it is necessary to provide separate entrances, plumbing, kitchen and common areas.

Therefore, we have to take a “roundabout” route.

1. Coordinate privatization with all residents.
2. Demand the transfer of the apartment from a separate one to a communal one.
3. Demand the exchange of the apartment for separate ones.

Let's analyze both options to understand how feasible each of them is in specific circumstances.

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In general, residents have the right to independently agree on privatization. You can read how to privatize housing here. But now I am more interested in the consequences of such a step.

Since the apartment is transferred into private ownership of the persons living in it, when the number of “privatizers” is more than 1, common shared ownership arises. Moreover, each of them receives his share in the right, depending on the number of participants in the privatization. For example, if 3 people took part, then each receives a share of 1/3. And after that, the citizen can do whatever he wants with his share: give, sell, exchange.

The second method is an attempt to transfer the apartment to the category of communal apartments. To do this, you need housing:

• had premises completely isolated from others (rooms);
• assumed the presence of a separate entrance to each of the rooms (there should not be a passage room).

If these conditions are met, you need to contact the municipality with a request to actually divide the premises to form a “communal apartment”. Along with the application, you must attach a redevelopment project approved by the relevant department.

But the outcome of such an appeal is predictable in advance: the municipality will refuse to split up the apartment. And the applicant has no legal right to force officials to implement the idea. And if for some reason the authorities agree, then all that remains is to carry out the redevelopment and draw up separate social tenancy agreements for each of the rooms.

Only after this will a person be able to say: I have a share in a privatized apartment. In the meantime, privatization or at least a separate agreement has not been concluded, there is no talk of any share in the apartment (more precisely, the right to it).

So how to privatize a share in an apartment? Turn to option 3, that is, demand the exchange of the apartment for independent and separate living quarters.

To contact the municipality with a request to exchange an apartment, the applicant must take into account that the situation that has arisen satisfies a number of conditions.

1. There are actually strangers living under the same roof.
2. One of the tenants leads an antisocial lifestyle, deliberately poisoning the life of other tenants.
3. The rights and legitimate interests of a minor or incompetent citizen have been violated.

But it is necessary that all residents agree with the exchange. And if for some reason it is not possible to agree on an exchange, then it is quite possible to demand one through the judicial authorities. But if all the residents agree, all that remains is to contact the mayor’s office (if they refuse, you will have to go to court again).

In such a situation, you should not seek the truth in court on your own. After all, several people will participate in the process at once, and most of them will not agree with the forced exchange:

• the defendant is a person who is initially not interested in moving or even simply registering ownership of the apartment;
• the municipality - as the owner of the disputed premises, who also does not have free space to carry out the exchange by court decision;
• guardianship authorities - as the main defender of the rights and interests of minors or incompetent persons whose rights and interests are affected by the judicial process.

In such a situation, it is impossible to determine either the prospects of the case or even the grounds for initiating the process. It is better to consult with an experienced lawyer who will give the necessary advice and recommendations, act on the client’s side and protect his rights.

Finally, let's consider the most important question - is it possible to somehow privatize a share in an apartment without approval, turning it into a communal apartment or exchanging it? Alas, the law excludes this. The apartment is owned by a single person (the municipality). Therefore, there is no equity right to it.

And if there is no share right, then there is no share of the apartment. And the interested person only has the right to use and own the apartment. But he cannot dispose of it.

Do you live in a house under a social tenancy agreement and want to register ownership? Discuss your situation with a site lawyer for free over the phone. A specialist will tell you how to privatize a share in an apartment in your case.

Each municipality has housing on its balance sheet.

It is necessary for a number of purposes, for example, to accommodate refugees, to allocate to those citizens whose houses were demolished due to disrepair, and so on.

Also, the law does not prohibit the allocation of shares of real estate in order to give them for use under a social tenancy agreement to citizens in need of such housing.

What is a share in a municipal apartment? A share is understood as a strictly specified part of real estate. Most often, the equivalent of a share is a room, several rooms or footage.

The concept of a share is applicable both to municipal housing and any other real estate. Shares can be allocated in accordance with the wishes of the owners and there are no restrictions in the legislation regarding the minimum or maximum size.

Those who live in municipal real estate have probably dreamed of owning their own home for a long time. But, unfortunately, not everyone can afford to save the required amount of funds in order to purchase an entire home.

Accordingly, a logical question arises for those living in a socially rented apartment: is it possible to privatize a room in such housing, and how exactly can this be done? We will talk about these aspects.

Who is eligible?

Unfortunately, in modern legislation there is no separate normative act that would fully disclose all the complex and problematic aspects of the issue under discussion.

Rather, we are dealing with a large volume of individual norms of individual regulations.

If you delve deeply into the legislation and study some of the provisions, as well as remove the time from judicial practice, a lot becomes clear and a number of answers are found to a number of questions.

In principle, Housing Legislation, led by the Housing Code, is responsible for all manipulations with housing. It is in his articles that we find a reference to what privatization actually is and what its concept is.

Also, the Housing Code in its articles tells us about the concept of share.

In addition, it is important to take into account the fact that it is the law that states that the fact of privatization of municipal real estate can, in principle, take place. This is stated in Article 72 of the Housing Code.

Without agreement

Any privatization, regardless of what kind of real estate we are talking about, must be carried out only with the direct consent of all persons living in the real estate and specified in the contract.

If a person decides to carry out a transfer into private ownership on his own, without notifying those living under a social tenancy agreement, then most likely, if other persons protest about this action, the procedure will be cancelled.

By agreement of the parties

How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with part of the bathroom and kitchen, the division can be carried out by agreement of the parties .

In this case, those registered in the apartment draw up an agreement on the right to use the residential premises, which determines which specific room belongs to each resident.

The agreement specifies the following information:

1. Parties to the contract. Personal and passport data, information about the date of registration in the apartment.
2. Address and characteristics of the premises.
3. Distribution of rooms between residents, indicating their area.

The document is signed by the parties and certified by a notary.

Thus, the apartment becomes communal with isolated living spaces and common areas.

How is part of a municipal apartment privatized without the consent of the residents?

Drawing up a separate rental agreement

Is it possible to privatize a share in a municipal apartment without the consent of the other residents? If it is not possible to reach an agreement with the residents of the apartment peacefully, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate lease agreement .

In this case, the last word remains with the owner of the premises, that is, local authorities.

A citizen needs to contact the settlement administration with a request to conclude new social tenancy agreements for the occupied living space.

It is quite difficult to achieve a positive decision from the authorities in this case, since turning the apartment into a communal apartment is not profitable for the authorities.

But if there are compelling arguments and a loyal attitude from local governments, this option is still possible .

If the authorities meet citizens halfway and conclude several rental agreements with residents of a municipal apartment, each of them will become the owner of a room and will be able to acquire ownership rights to it.

If the authorities refuse to carry out the procedure, you can try to resolve the issue through the court . A citizen files a claim for the renegotiation of social tenancy agreements.

Privatization of a room without the consent of neighbors

There is an opinion that any manipulations that will be performed with a room in a communal apartment must be agreed upon with the neighbors with whom the owner shares common areas. This is partly true. The owner will not be able to sell his property unless he gives 30 calendar days notice to all neighbors. Within a month from the date of receipt of the notification, each neighbor must give a written refusal that he does not apply for the acquisition of the alienated room.

With privatization everything is different:

• registration of property rights does not require either notification or approval from neighbors;
• privatization is a purely personal matter for each owner, therefore only municipal services can refuse this process.

Note: neighbors need to be notified only when a room is alienated, because according to the law, all owners of a communal apartment have a priority right to purchase living space. It should be borne in mind that only the owners indicated in the registration of property rights or in the social tenancy agreement have this right, and not those persons who live in the property as dependents or under a lease agreement.

Division of personal accounts

How to divide the personal account of a municipal apartment? An important step in allocating a share of an apartment is the division of personal accounts . Because the room becomes a separate object, such action becomes possible.

A registered citizen needs to submit an application to the Criminal Code or another organization that calculates payments. The application must be accompanied by a passport and a rental agreement. A separate account is opened for a specific room with a width of at least two square meters.

In Moscow, the minimum size of such a room should be 9 square meters . The size is not defined in the Housing Code of the Russian Federation, so other regions set their own standards.

If there is no agreement between residents or a separate social tenancy agreement, division of personal accounts is possible only through the court .

You can learn how to divide a personal account in a privatized apartment from our article.

Stages of room privatization

After receiving permission from the authorities to allocate a share, it is necessary to draw up a floor plan and obtain a technical passport for the allocated part.

To do this, you need to contact the BTI. Based on these documents, a separate cadastral passport .

From the moment these documents are received, the room becomes a separate piece of real estate, and it can be registered as a property under general conditions.

An application for privatization with a package of documents is submitted to local governments:

• applicant's passport;
• documents for the apartment;
• rental agreement;
• copy of personal account;
• certificate of registration;
• certificate of non-participation in privatization;
• receipt of payment of state duty.

You can find out where to start the privatization process and in what cases a refusal may be received on our website.

Pros and cons of privatizing a room in a communal apartment

Privatizing a room in a communal apartment has both its disadvantages and its advantages;

Advantages:

1. The ability, at the owner’s discretion, to sign in and out of residents in their living space.
2. If a large loan is issued, the living space can be left as collateral.
3. Possibility of decorating a room as a donation.
4. Possibility of transferring living space by inheritance.
5. In the event of a sale or exchange, the estimated value of the living space will be higher than the same living space without privatized status.

The disadvantages of privatization include the following:

• Privatization is the only opportunity to obtain real estate ownership, and each citizen has one.
• Due to the transfer of living space into ownership, the costs of its maintenance also increase.
• Registration of refusal for the remaining residential areas.
• The right to increase your living space under a rental agreement is lost if there are vacated rooms.
• Difficulties may arise when performing legal transactions.

Let's celebrate! Since privatization is the transfer of real estate into the ownership of the applicant, this is an excellent opportunity to get “your own meters,” albeit in a communal apartment. But it also has its drawbacks, so privatization must be approached responsibly.

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Duration and cost of the procedure

The authorities review the application for privatization within 60 days . By this time you need to add the time required for preliminary preparation.

Contacting an experienced lawyer can reduce the preparation time

When preparing documents you will need to pay approximately the following amounts:

• technical passport and floor plan of the premises - from 1,500 rubles;
• cadastral passport – from 200 rubles;
• state duty for privatization – 1000 rubles per person;
• certificate of non-participation in privatization - from 500 rubles.

What it is

Privatization refers to the procedure for transferring rights to a residential property to citizens living in an apartment on social rent terms. The legislation provides for the following principles of the privatization program:

The preparation of privatization documents will be handled by authorized municipal bodies and institutions. As a rule, at the local level this procedure is carried out by the municipal property management agency.

What objects can you re-register rights to?

Not every residential premises provided under a social tenancy agreement is subject to transfer to citizens under privatization transactions. The list of real estate objects excluded from privatization is determined by Law No. 1541-1:

• apartments and rooms included in the official housing stock;
• residential premises in dormitories;
• residential real estate on the territory of military camps;
• apartments in emergency buildings.

These objects are excluded from the privatization program only on the basis of official documents (for example, on the basis of an administrative act of local authorities on the transfer of an apartment to a service fund).

Is it possible to privatize a municipal apartment if it has been assigned the status of official housing? This is only possible in court if it is possible to prove the illegality of deserving housing and cancel the decision.

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Algorithm of actions

​The key role in the privatization procedure of municipal housing is played by the initial stage, when tenants have to make a decision on re-registration of rights. Law No. 1541-1 regulates that in order to begin a privatization transaction, all citizens living in the apartment must express consent to further actions. If at least one of the tenants objects to the re-registration of the apartment into private ownership, forcing privatization will be impossible even in court.

The right to purchase housing under the privatization program is exercised as follows:

• an application is submitted to the authorized municipal body indicating the full composition of tenants who have the right to permanently reside in the apartment;
• registration of ownership can be carried out only for individual family members, in this case it is allowed to draw up a notarized refusal to participate in privatization;
• When submitting an application, citizens must choose the procedure for distributing rights to residential premises - joint or shared ownership (if several citizens participate in the program), or individual ownership.

Registration of a notarized refusal to participate in privatization does not deprive citizens of the right to subsequently apply for re-registration of the right to another residential premises, if it is provided on social rent terms.

Participation in the privatization program can be carried out personally by employers, or through the services of a representative. To confirm the authority of the representative, a notarized power of attorney is issued, which will allow you to collect any certificates and sign all the necessary documents.

The algorithm of actions of participants in a privatization transaction will look like this:

1. making a decision on privatization and determining the circle of persons to whom ownership rights will be registered;
2. registration of a notarized refusal to participate in privatization, if such a decision was made by one or more residents;
3. collection of necessary certificates and forms;
4. filling out an application form to the authorized municipal body;
5. submitting an application and a set of documents;
6. checking documentation at a municipal institution;
7. preparing a privatization agreement and issuing it to new owners;
8. contacting the Rosreestr institution or the Multifunctional Center to carry out registration actions;
9. obtaining an extract from the USRN register for each owner.

After completing all of the above actions, citizens will legally register ownership of the residential premises previously provided from the municipal fund.

Required documents

Registration of a privatization transaction is impossible without submitting a set of mandatory documents. The absence of at least one mandatory certificate or form may result in refusal to satisfy the application for transfer of ownership of the apartment.

The list of mandatory documents that citizens must collect and submit to the municipal property management body will include:

• a completed application form from participants in the privatization program;
• general passports and birth certificates for all privatization participants;
• documents on the basis of which residential premises were provided on social tenancy terms (agreement, administrative act of local authorities, etc.);
• technical plan for residential premises (drawn up by a cadastral engineer during an apartment inspection);
• an extract from a personal account or house register;
• a certificate of absence of debt for utility services (although the obligation to provide it is not provided for by law, in practice municipal authorities insist on receiving it);
• certificate of non-participation in privatization.

A certificate of non-participation in privatization plays an important role, since its presence allows one to comply with the principle of one-time participation in the program. This certificate is issued by the BTI authorities and must contain information about the periods of residence from July 1991 to the time of filing the application.

Also, evidence of non-participation in the privatization program will be an extract from the Unified State Register of Real Estate indicating real estate registered with citizens since 2013.

According to the provisions of Law of the Russian Federation No. 1541-1, verification of documents cannot continue for more than two months, after which citizens must be issued a privatization agreement. This document will be the basis for registering the object with the cadastral authorities and registering rights to it with the Rosreestr institution.

Procedure

After privatization, the municipal apartment becomes the property in equal shares. Each citizen is entitled to the same area, unless a different privatization agreement has been concluded. The shares are disposed of at your own discretion. But there are limitations:

• The object cannot be exchanged or sold. Only after everyone agrees. If at least one owner is against it, the transaction cannot be carried out;
• If a decision is made to sell, co-owners have priority over other buyers.

If the owner sells a share in a privatized municipal apartment, he writes a notice or voices it orally during a meeting of other owners. Indicates the price, and then waits for their decision. If they do not agree with the cost or other conditions, an agreement is signed with third-party buyers.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

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.

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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.

Only its owners are allowed to carry out civil transactions with real estate. If the housing is not privatized, the tenant is not its owner, and therefore does not have the right to sell, donate, change, or bequeath the premises.

This process gives its owner the following bonuses:

1. The ability to own, use and dispose of real estate.
2. Register and settle other persons.

As you can see, there are advantages in this situation, however, the privatization of a share in municipal housing is a pipe dream.

The fact is that the legislation completely legally allows for the privatization of a municipal apartment in its entirety, but a specific part of it is simply impossible.

A few years ago, such an action was possible only due to the fact that then the legislation was not sufficiently developed to remove attention to this issue.

Today, when changes have already been made to the housing code, such actions are simply impossible due to the fact that this is contrary to the law.

The form of such an agreement is established in the annex to this law. The conclusion of such an agreement must be in writing.

Where to begin?

If you have received the consent (or refusal) of all family members to carry out this procedure, you need to start by finding out who is in charge of the housing that you are planning to register and who has the right to dispose of it.

Before contacting the privatization authority, you need to prepare technical documentation for housing.

If the technical certificates for housing are in order and available, you can proceed to collecting the necessary documents.

Read about the re-privatization of an apartment after deprivatization in the article:

re-privatization of the apartment

.

State duty for apartment privatization in 2020, read here.

Read about the procedure for privatization and reprivatization of residential premises here.

A complete package of documents must be submitted to the executive body of the municipal government, where it will be necessary to write an application for privatization.

The final stage of the procedure is the conclusion of an agreement, which is prepared by the municipality.

Attention!

• 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.

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Registration

To confirm rights to real estate, copyright holders must register the property with the cadastral authorities and carry out the registration procedure. To do this, after receiving the privatization agreement, you need to apply for registration in one of the following ways:

• directly to the local Rosreestr office;
• to one of the bodies of the Multifunctional Centers system;
• by submitting an application electronically through the government services portal.

Regardless of the method of application, direct registration activities will be carried out at the Rosreestr service.

The time frame for registering an object will depend on the method of application. The fastest option is to contact the Rosreestr institution; the processing of documents will take no more than 7 days (through the MFC, documents will be processed two days longer).

Is it possible to privatize a part, a share of an apartment, a room in a municipal apartment?

The first paragraph of Article 2 of Law No. 1541-1 states that real estate of this type can be privatized either as shared ownership or for one person. However, this can only be done with the entire apartment.

Thus, without the consent of all residents, without exception, it will not be possible to formalize ownership. If someone does not want to participate in privatization, he can issue a notarized refusal of the procedure itself, but at the same time he must agree to the privatization itself as a whole. In such a situation, he is deprived of the right to his share of housing, but does not lose the right to privatization, which is available only once in a lifetime (for adults). If such a person does not give his consent that the apartment will be privatized, a refusal will follow.

Child's share

If one of the residents is a minor child, his share will also need to be taken into account. Up to the age of 14, her fate is determined by her parents, and after 14, the child decides for himself whether to participate in privatization or not.

Regardless of age, permission from the guardianship authorities is still required. It should be noted that privatization is in the interests of the child, so obtaining this consent is not difficult.

The share of a person who does not actually live in a municipal apartment

If part of the apartment is in the use of a person who does not actually live here and does not pay for services, then consent to privatization will still be required from him. If such a person does not agree to register ownership of the home, you can try to forcibly evict him through the court. To do this, you need to prove that the person has other housing, does not actually live in a municipal apartment and does not pay for services. If a positive court decision is received, then consent from the person is no longer required; it can be replaced by that same decision.

Apartment section

Another option for partial privatization is to divide the apartment into several separate rooms, thereby turning it into a communal one. In such a situation, it is possible to privatize only individual rooms/rooms, maintaining the status of the remaining premises. However, the municipality is extremely reluctant to take such measures, so you shouldn’t count on them.

Housing exchange

And the last option is to exchange one large home for 2 smaller ones. All persons who do not want to privatize an apartment will move to one, and those who do want to will move to the other. Formally, this is possible, but in practice, suitable vacant premises can be waited for decades.

How to privatize a share (room)

Allocation of a share (room) in a state apartment is possible only if it is your property. Until this point, the room is an integral part of the common property and cannot be allocated. Privatization of a share can only be in communal residential premises, which are municipal property, in which residents live on the basis of social rent.

If a citizen living in a communal apartment wants to privatize the area where he lives, the consent of the other residents of the apartment is not required . The procedure for privatizing part of the space in a communal apartment is not at all different from the procedure for privatizing a municipal apartment. The list of required documents and the procedure are the same.

However, there is a significant difference, namely that part of the apartment is for common use. These are places such as a toilet, bathroom, corridors, hallway, storage rooms. All residents have equal access to all these places.

When privatizing a room, it is necessary to determine the share of the tenant privatizing the room. Calculating the share is simple: you need to add up the area of ​​all the rooms in the apartment and distribute it by the size of the area of ​​the privatized apartment. The result obtained will be the share of privatization. It is necessary to draw up an application in which this share will be indicated, and obtain the consent of all neighbors for such an allocation.

If neighbors disagree with such allocation, they will have to go to court.

How to privatize a room in a municipal apartment?

Otherwise, privatization follows general rules. This is a rather complex and lengthy process, but starting from 2020, free privatization has become indefinite, so there is no need to worry about the fact that people may simply not have time to register ownership. On the other hand, it’s still better to hurry up and do everything as quickly as possible.

Order and stages

1. Obtain the consent of all residents of the premises (divided or exchanged - it makes no difference).
2. Collect all necessary documents (see below).
3. Complete an application and send it to the MFC along with documents.
4. Sign the apartment privatization agreement.
5. Based on the contract and collected documents, register ownership.

Procedure

The consent of the residents is a mandatory and very first stage, since it is pointless to move further without such documents in hand. As practice proves, in the vast majority of cases it is possible to reach an agreement with users who refuse to privatize “in an amicable way.” Next you need to start collecting documents. It is very important to remember that many of them have a limited shelf life. It is recommended to start with the BTI technical passport. Usually, as part of its registration, specialists visit the apartment and check it for the absence of illegal alterations or other changes. It is quite logical that if such changes are discovered, privatization will be refused. Only after receiving the BTI registration certificate can you begin collecting other documents. This is due to the fact that, firstly, the registration certificate does not have an expiration date and, secondly, it takes quite a long time to issue it. In some cases, this procedure takes about 1-2 months. When all the necessary papers have been collected, they must be sent to the MFC along with consents and an application. You can also contact the local administration, but in multifunctional centers it is usually much easier and more convenient to complete the registration process. After signing the privatization agreement, you need to contact Rosreestr for a certificate of ownership. This completes the privatization.

Documentation

In order not to receive a refusal from privatization, you need to collect all the documents:

• Passports of all residents with copies.
• Birth certificate (for minors without a passport).
• Permission from the guardianship authorities (relevant only if children live in a municipal apartment).
• Certificate from the Management Company or Housing Office stating how many persons are registered in the premises.
• Social rental agreement.
• Consent to privatization from all residents (excluding children under 14 years of age).
• Refusal to participate in the procedure (if required). It is formalized by a notary. Let us note once again that such a refusal deprives a person of the right to a share in the apartment, but is not an obstacle to registering it as property as a whole.
• BTI technical passport.
• Certificates stating that citizens have not previously participated in privatization.
• Power of attorney for a representative (if required). Usually this document is drawn up by a notary in order to avoid having to go through the authorities together.
• An extract from the accounting department confirming that there is no debt on the apartment. If there is one, you don’t even have to try to pursue the issue further, since a refusal is guaranteed to follow. You must first pay off all debts and only then continue the procedure.
• Receipt for payment of state duty. Privatization itself is free, but this only applies to the cost of housing. You still need to pay for the services for issuing certificates and directly the state fee for registration of property rights.

How to privatize municipal housing?

Residents legally registered in the apartment (registration is proof of this) will receive their share of the property after privatization, i.e. the property will become shared ownership:

1. If everyone agrees to go through the process, then first of all you need to contact the privatization department and conclude an appropriate agreement with specialists. You will be given a list of documents that need to be collected.
2. If one of the tenants refuses, he must provide notarized confirmation. When registering minor children in an apartment, you will need to additionally obtain permission from the department of guardianship and trusteeship.
3. After collecting documents, you need to visit the municipality department, where an agreement will be drawn up - transfer of housing from social security. private rental.
4. Next you need to contact Ros. A register where, upon consideration of the application, new homeowners will be entered into a single register database, and a certificate of ownership will be issued.

Algorithm of actions

The algorithm is not complicated, but requires step-by-step actions:

• A survey of all residents of the house (apartment), in particular minors (14-18 years old), to give consent to privatization.
• Drawing up a written refusal in favor of other residents if someone does not want to participate.
• Collection of documentation (certificates from the housing department on the registration of all persons).
• Visit the Department of Housing, obtain a certificate of absence of rent arrears and an extract stating that the housing is municipal.
• Contacting the HOA or management organization to obtain an extract from the house register.
• Visiting the BTI, writing an application for a housing inspection in order to receive technical information. Passport and cadastral plan.
• Applying to the passport office to obtain certificate number 3. Attention! The validity period is limited - 10 days, so taking a certificate in advance is pointless.
• Submission of documentation to the Housing Department for execution of a privatization agreement. The waiting period is 2 months, after which you will need to apply again to receive the contract in hand.
• Visit to the State Service register for the transfer and registration of property rights, having previously paid the state fee (200 rubles).

The main thing in the procedure is the consent of all participants to re-register rights. The privatization program cannot be implemented if one of the registered citizens refuses to take part in the procedure. It is not possible to force him to do this even through the courts.

The citizen must present a notarized refusal, and only then will the remaining participants be able to start converting municipal housing into their own.

Let's celebrate! Having completed the entire algorithm of actions in the specified order, citizens will be able to legally re-register residential premises as property that previously belonged to the municipality.

Where to contact?

To carry out the registration procedure, you first need to contact:

• local municipality, write a petition;
• then go to the cadastral chamber and register;
• service grew registry or multifunctional center for conducting the registration procedure.

In addition, it is possible to submit an application through the State Services Internet portal on the official website.

Required documents

Special attention must be paid to collecting documents. Make copies in advance, in particular, birth certificates for citizens under 14 years of age.

When going to authorities, you must take the original documents with you:

• passports of all participants in the transaction;
• warrant for an apartment;
• social contract rental of residential premises;
• certificate of condition and living space;
• statement of absence of debt for utility services;
• a notarized power of attorney for official representatives, if citizens participating in privatization do not have the opportunity to personally go to the authorities;
• an extract from the house register for participants in the procedure who registered in the apartment after 1991 and who have not previously taken part in privatization;
• birth certificates of children under 14 years of age;
• marriage certificate for citizens in case of change of name;
• Permissive consent from the guardianship department for minor children - participants in privatization.

Additionally you may need:

• certificates for minor children in case of departure from the apartment
• death certificate of citizens previously registered in the living space.

It is important to obtain the consent of all participants in the living space. If someone does not agree, they must contact a notary to obtain a certified refusal.

After the package of documents has been completely collected, you can contact the Housing Department and write an application for privatization of the established form.

Attention! All documents for state registration must be collected in 2 copies.

Difficulties

What problems do you most often encounter when privatizing an apartment?

1. Debts. Often, residents are complete strangers to each other (especially when living in a communal apartment). Their personal accounts are different and, as a result, some can pay regularly, while others, on the contrary, will allow the formation of a serious debt. Because of the latter, privatization will be abandoned.
2. Not all documents are available or there are errors in them. It is recommended to double-check that you have actually collected all the necessary papers. They also need to be carefully checked for errors, since the human factor has not been canceled. Separately, you need to clarify the expiration date of each document.
3. Some residents do not want to carry out privatization and do not want to give up their share. The most difficult moment, since until they can be convinced otherwise, it will be impossible to engage in this procedure.

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Features of privatization of a room in a communal apartment

As with any other real estate, every citizen has the right to privatize a communal room in accordance with the Housing Code of the Russian Federation.

But despite this, privatization has its own characteristics:

1. It is impossible to privatize common areas if there are other owners - bathrooms, kitchens, storage rooms, corridors, etc. At the same time, other residents do not have the right to restrict your access to common areas.
2. Law on common premises - it is impossible for one owner to privatize common premises in a communal apartment, because they belong to them by right of shared ownership.
3. Based on the second point, the ownership of the share in common areas is calculated using the formula “area of ​​privatized property/total area of ​​the apartment.” In this case, residents can enter into a voluntary agreement delimiting their shares.
4. When purchasing a communal room, the new tenant also receives a share in the common property.
5. As with any other property that belongs to an individual, it is necessary to pay tax on it - in our case, 0.1% every year of the cadastral value of the room.
6. The risk of eviction from a privatized room for non-payment of utility bills is automatically reduced.

How to privatize an apartment

Under what conditions can an apartment be privatized?

If you want to privatize an apartment, check whether your situation meets the following requirements:

• you are a citizen of the Russian Federation;
• you occupy residential premises under social rent;
• the residential premises you occupy are the property of the city of Moscow;
• you have never before used the right to participate in privatization on the territory of the Russian Federation (this rule does not apply to those who became the owner of residential premises in the process of privatization before reaching the age of majority);
• you have consent to privatize the residential premises of all adults and minors aged 14 to 18 years who have the right to privatize this residential premises.

What documents are needed to privatize an apartment?

• a request (application) for the provision of a public service - can be completed by an employee during the application (or you can prepare it in advance by downloading the form);
• identification document of the applicant;
• identity document - for all members of the applicant’s family, persons registered in the privatized residential premises, persons who have the right to use this premises on social rental terms, who have reached the age of 14;
• an identity document of the applicant's representative, members of the applicant's family, persons registered in the privatized residential premises, persons who have the right to use this premises under social rent, who have reached the age of 14 (if the documents are submitted by a representative);
• a document confirming the authority of the representative (notarized power of attorney);
• social tenancy agreement for privatized residential premises - a copy of the applicant (except for cases of loss of the social tenancy agreement);
• an order for privatized residential premises or an extract from an order of an executive authority (if the applicant has one); in case of loss of the order - a copy of the order of the executive authority issued by the bodies authorized to provide information from the Archival Fund of the Russian Federation;
• a birth certificate or a document confirming the fact of birth and registration of a child, issued in the prescribed manner (in the case of the birth of a child on the territory of a foreign state);
• document confirming citizenship of the Russian Federation;
• an extract from the house register for the period from July 21, 1991 until arrival at this place of residence or a similar document replacing it;
• a document from an authorized body confirming the unused right to participate in privatization at the previous place of residence;
• a document confirming the authority of the above-mentioned body to issue a document confirming the unused right to participate in privatization at the previous place of residence (a copy certified by the body that issued it);
• written consent to privatization (or written refusal of privatization) of the occupied residential premises of the applicant, a member of the applicant’s family, another person registered in the privatized residential premises, a person who has the right to use this premises on the terms of social rent, who has reached the age of 14, and/or his legal representative or a person authorized in accordance with the established procedure.

Please note: in some cases (depending on the specific circumstances of your life) additional documents may be required.

Where should I submit documents?

You can submit documents:

• online on the official website of the Moscow Mayor mos.ru. You can submit documents online only if you live alone or if your family meets the following requirements:

- the family includes only adults who have legally resided in Moscow since July 21, 1991 or since birth;

— there are no disabled adults or orphans in the family;

Please note: the applicant's representative can only submit documents in person. You can check the status of your application on mos.ru. To do this, you need to know the case number.

When will the decision on privatization be ready?

Once your request has been registered, you will receive one of the following documents within 46 business days:

• transfer agreement with a note on state registration of the transfer of ownership of the privatized residential premises - issued on paper in person at;
• a decision to refuse to provide a public service is issued on paper in person, by mail, or sent electronically to the user’s personal account on mos.ru.

If you submitted documents electronically and if the decision on privatization is positive, at the time of signing the transfer agreement you will need to provide the following documents:

• social tenancy agreement for privatized residential premises;
• a warrant or an extract from an order of an executive authority;
• notarized documents, scanned copies of which were attached to the electronic request.

Step-by-step instructions for privatization

Privatization of a room in a communal apartment is permitted only with the consent of all persons living and registered in the relevant area. Each citizen of the Russian Federation has the right to privatize housing only once. He may refuse this time, but receive ownership of the property from the state in the future.

Additionally, the following facts must be taken into account when preparing documents for privatization of a room in a communal apartment:

• consents are expressed in writing in the application for privatization;
• it is permissible to issue a refusal with certification at a notary office or by an administration employee during a personal visit at the stage of submitting documents;
• shares are divided equally between all participants;
• A special procedure is used if minor children are registered in the room. Parents do not have the right to draw up a waiver on behalf of the child without the permission of the guardianship authorities. Read more about privatization with minors here.

It is imperative to clarify the ownership of the property. The necessary information is obtained in a certificate from the database - an extract from the Unified State Register of Real Estate. You can receive an extract in person through the MFC or online through the Rosreestr portal. Any person can order, the cost varies from 300 to 600 rubles, depending on the manufacturing method.

The easiest way is if the communal apartment is the property of the municipality. In this case, they will be privatized according to the standard procedure.

It will not be possible to deprivatize a room in a communal apartment if the property is located on the territory of a military camp.

Collecting documents

What documents are needed to privatize a room are shown in the following list:

• application for privatization from all participants;
• refusals to privatize (certified by a notary or when submitting documents by the receiving employee);
• if the child’s refusal is formalized - permission from the guardianship to refuse;
• technical passport with information about the area (configuration) of the room;
• a certificate from the management company about officially registered persons;
• civil passports and other documents to identify the identity of each resident;
• a social rental agreement issued for one of the residents;
• confirmation from supplying organizations (municipal services) about the absence of debts on utility bills;
• extract from the Rosreestr database;
• a certificate from the property department stating that this room in a communal apartment has not been privatized previously.

Exceptions and additions:

• an order is suitable instead of a social tenancy agreement;
• if the document is lost, or there is only a dilapidated, illegible copy, take a copy from the municipal administration;
• the consent of the incapacitated person to privatize the room is confirmed by the permission of the guardian;
• If personal participation is not possible, an order is issued to a trusted person with notarization.

Contacting the property management department of the local executive authority is carried out in person or through the MFC (in some cities). Documents are collected according to the list presented above. The application on behalf of the child (under 14 years of age) is made by the parents. Older children (under 18 years old) fill out a standard form themselves. Below, parents confirm their agreement to privatize a room in a communal apartment with their signatures.

We suggest you read: Can one of the owners give his share of an apartment to another without informing the third?

The responsible municipality employee records the fact of acceptance of documents in the audit trail. Within two months from this date, applicants are provided with a response in writing. In general, privatization lasts several months – up to six months.

After receiving written notification of a positive decision, they contact the municipality again. An agreement on the transfer of real estate is drawn up in writing without mandatory notarization. Each region has its own form of such an agreement.

You should check:

• real estate details;
• identification data of the new owners;
• gratuitous nature of the agreement;
• additional rights and obligations of the parties.

Having received the ownership transfer agreement, they submit a set of documents for registration to Rosreestr. You can sell a privatized room in a communal apartment only after changing the entries in the Unified State Register of Real Estate (USRN) database. The new owner has the right to rent out the property and dispose of it in other ways.

To register, you can contact the MFC in person, or in a user-friendly remote mode on the Rosreestr portal. The procedure for providing relevant public services differs in different regions.

Registration of ownership requires the approval of all participants in the procedure. If at least one person is against it, it is impossible to re-register. Therefore, it is necessary to try to come to an agreement and offer profitable options.

If a citizen is not against privatization, but simply does not want to take part in it, he needs to write a refusal and have it notarized. In this case, registration of ownership occurs without hindrance, and the person who renounces his share will have the right to live in the privatized apartment for as long as he wishes.

Where to begin?

However, if you are not afraid of the difficulties that may arise during registration, you can proceed with the labor-intensive process of completing this action.

Any procedure must begin with preparatory work. Since you most likely do not live alone in a municipal apartment, talk to all the residents in advance. Ask if they are okay with your actions.

If possible, obtain written permission from them, as well as assurances that they will not interfere with the process.

The next, but still preparatory, step is to obtain a warrant.

This document is obtained from the municipal authority, exactly where the social tenancy agreement was signed.

Privatization is possible without a warrant, but if you want to significantly simplify the procedure for yourself, then set the goal of getting one.

Now you need to take a plan of your room, as well as documents reflecting its technical characteristics.

The plan and technical passport are taken from the municipal authority. Be sure to take a certificate stating which citizens and in what quantity are registered in this real estate.

At this point, the preparatory actions have exhausted themselves; we move on to the next stage.

Where to go?

Many citizens who complete the procedure for privatizing a room, unfortunately, do not know what next step to take. Next, you need to decide where to go with the package of necessary documents.

You need to find the address of the local housing policy department and go there in person. Your task is to conclude an agreement on the fact of privatization of the room. It is in this body that such documents are drawn up.

If your city does not have a department of housing policy, do not despair; you can come to the nearest regional center or contact one of the multifunctional centers.

It is important to correctly collect the package of Documents, because the further privatization procedure depends on the correct provision of papers.

The package of documents must be compiled carefully and independently, because this is a guarantee of free public housing, without the help of any third-party organizations.

Depending on the situation, the number of documents in your package may vary.

But still, there are rules that give us an idea of ​​the minimum number of required papers.

The following is a list of required documents:

1. You will need a warrant, this is a document that gives you the right to receive a room in a municipal apartment.
2. The next most important thing is the passport, as well as other documents establishing the passport details of the Residents.
3. Do not forget about a certificate that establishes the fact of your registration at your place of residence.
4. Equally important is the availability of a technical passport for housing, as well as a room plan.
5. It would be useful to provide a certificate confirming the absence of debt for various utility services.
6. Another important document is a certificate stating that you did not participate in the privatization of your home at your previous place of residence.

Other documents may also be provided that are required by law and are necessary in specific situations.

Where to submit?

Documents are submitted to the Housing Policy Department along with the application. The privatization agreement is also drawn up there under the strict control of a department employee. You can do the same in the multifunctional center.

Registration deadlines

Privatization is completed within 2 to 3 months.

Usually the time frame is measured in weeks, that is, from eight to twelve weeks.

If you submit documents not to the department itself, but to a multifunctional center, then the privatization process may take a little longer.

Privatization can be completed in an accelerated time (2-3 weeks) if the prevailing circumstances allow for this.

Unfortunately, no one can tell you right away how much the room privatization procedure will cost you. As a rule, prices for such services are set individually by the technical inventory bureau.

The pricing policy corresponds to the tariffs approved by local authorities. As you understand, prices may vary depending on the region. The highest can be found in federal cities, and the lowest in small municipalities.

They can refuse to formalize the privatization of a room only if it is not a room, but a share.

It is impossible to privatize a share in a room.

Also, there are often situations when one or another document is not provided.

The absence of a correctly formed package of papers is a reason for refusal.

If you started privatizing part of a municipal apartment without the consent of those living with you, then you will have to formalize such a procedure not in the department, but to fight for your rights in court. To do this, you will need to file a claim with the district court.