Land privatization is the transfer of ownership of a plot of land to its owner from the state free of charge and on a voluntary basis. The privatization of state property began in the early 90s.
After the collapse of the Soviet Union, active activity began to register ownership of various industries. Privatization in Russia began in the first half of 1991. A little later, in February 1992, Soviet citizens unanimously began to register ownership of their homes. It was free then. Currently, there are free and paid procedures. Where to start privatization? First, let's figure out who has the right to free privatization, and who will have to pay for it.
Who can count on free privatization?
Those owners of land plots who received them before 2001 have the right to free privatization. In addition, if the land is provided with the right of perpetual use, and a residential building is built on it, which is in registered ownership, then this plot has the right to be privatized free of charge by the citizen to whom this plot was issued. If the land was acquired later than 2001, then you will have to pay for its privatization.
The right to free privatization is given to all citizens once. Where to start privatization? First you need to collect the documents necessary for this procedure.
What can and cannot be privatized?
Residential premises that citizens occupy under a social tenancy agreement are subject to privatization. In accordance with the Law, residential premises in disrepair, in dormitories, in houses of closed military camps, as well as service housing and the housing stock of stationary social security institutions located in rural areas are not subject to privatization, writes the Owner.
The Privatization Law also includes apartments provided to citizens under a social tenancy agreement after March 1, 2005, in the list of residential premises not subject to privatization. But in accordance with the Resolution of the Constitutional Court of the Russian Federation, this norm was recognized as inconsistent with the Constitution of the Russian Federation. That is, an apartment provided under a social tenancy agreement after March 1, 2005 can also be privatized.
The right to privatization is given only once, that is, if a citizen has previously participated in privatization, then when he applies again, he will be denied. At the same time, minors who have become owners of occupied residential premises through privatization retain the right to a one-time free privatization after they reach the age of majority.
Citizens who privatized an apartment, but, having changed their mind, returned the living space to the state, that is, deprivatized it, also do not have the right to re-privatization.
Documents required for free privatization of land
What kind of procedure is this - land privatization? Where to start your actions? To register a land plot, the following documents are required:
- Passport of a citizen of the Russian Federation - this document, in addition to confirming your identity, is also evidence of your citizenship. Privatization of land to foreign citizens is prohibited.
- A statement that you wish to privatize the land. It indicates the purpose of assigning the land plot, its size, as well as information about the owner (full name, passport details, Taxpayer Identification Number).
- A primary document confirming your ownership of a specific plot.
- Cadastral passport. If this document is not available at the time of privatization, it must be ordered. This usually takes one month.
- Extract from the Unified State Register (regional chamber).
- Technical passport for capital buildings.
- Paid receipt for state duty.
- Copies of all these documents.
How to privatize land?
All registration activities related to the privatization of land under a private house must be carried out even before the registration of the building located on this site.
The first step to privatize land is to submit an application for this procedure to the local administration. Along with the application for privatization of a land plot, a person wishing to register ownership must submit the following package of documents:
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- passport of a citizen of the Russian Federation;
- document of title to the land (for example, a lease agreement, an agreement on membership in a gardening partnership or an act granting the right to use the site);
- cadastral plan for the land plot;
- technical plan for a building located on the site;
- an extract from the Unified State Register of Real Estate confirming the rights to the real estate located on the site.
The period for consideration by officials of submitted documents is established by the administrative regulations for the provision of this service. Before the expiration of the specified period, the municipal authority must make a decision to provide this site as the property of a citizen (free of charge or for a fee). If a positive decision is made, a corresponding agreement is concluded with the applicant, which, as part of a package of documents, is submitted to the Rosreestr body or a multifunctional center for registering a citizen’s ownership of land.
Documents for land purchase (paid privatization)
If a citizen received land after 2001, or he has already used his right to free privatization, then he can only participate in a paid procedure. In other words, you can buy land from the state. Paid privatization of land requires considerable effort. Where to start this procedure? Of course, from collecting all the necessary papers. The following documents will be required:
- Certificate of normative value of the plot - issued by the district land committee.
- A certificate from the tax office indicating the area of the land plot and the amount of tax on it.
- Certificate from the BTI on the estimated value of the land. It is valid for one month.
- Technical passport for permanent structures located on the site.
The most important thing in the privatization process is collecting the necessary documents. Once you have them in your hands, you should not delay submitting the application, because... Some of the documents are valid only for a certain period, and if it has passed, you will have to waste your precious time again and order expired papers again.
Privatization of a private house
Where to start privatizing a house? This procedure, like the privatization of land, has one goal - to legitimize the ownership of real estate, as well as the land on which it is located, for a person who has been using it for many years.
To privatize a private house, you first need to identify the owner of this real estate. To do this, you can make a request to the registration chamber. If the owner is a private organization, privatization will be denied. Only state and municipal property can be privatized. Detailed advice on this matter can be obtained from your local administration.
The year the privatization of the housing stock began was 1992. But to date, not all citizens have managed to register ownership of their housing. Privatization was extended until March 2013, then until 2015, but it continues to this day. Officially, the State Duma extended it until March 1, 2020, but deputies are considering the issue of postponing this deadline until 2020.
Documents for privatization of a private house
Where to start privatizing a private house? As in all other cases, from collecting the necessary package of documents.
- Passport.
- Certificate (form No. 3), which confirms that the citizen has not yet participated in free privatization, because it can only be issued once. This certificate is issued at the passport office.
- Technical passport with a plan of the living space. Issued in BTI.
- Statement of desire to privatize a residential building. It is signed by everyone registered in the house. Thus, citizens registered in the house express their consent to privatization. The application is submitted to the Housing Department.
- Resolution on the transfer of real estate (house) into ownership from the Housing Department.
- A warrant for this residential premises or a social tenancy agreement.
- Application to the Federal Reserve.
In some regions, you may need to collect some additional documents. You can consult in detail on this issue with the administration at the location of the property. The entire package of collected documents is delivered there. After a positive decision is made, the citizen participating in privatization is given an act of acceptance and transfer of ownership of a residential property (house) and a corresponding agreement.
Order
In order to independently privatize your home, you need to know the procedure established by law. It will be like this:
- Submitting an application to the housing department.
- Order a cadastral passport and plan from the technical bureau.
- Registration of a certificate stating that the citizen has not previously participated in this program.
- Receiving a personal account statement.
- Submitting all documents to the housing department of the locality administration and obtaining permission for privatization.
- Applying to Rosreestr with permission and documents to obtain title documents.
- Obtaining a document on registration of property rights.
In order to start privatization, you need to know who has the right to privatize.
Participants
According to the legislation of the Russian Federation, citizens of our country have the right to privatize property only once in their life. But there are certain exceptions:
- Those who participated in it before reaching the age of majority can participate in privatization again.
- Persons who participated in the program, but their rights were violated, and this was recognized by the court.
In addition, the mandatory requirements are:
- Russian citizenship;
- permanent residence in this house;
- availability of a document confirming the transfer of a private house from the state to a specific person.
The exception to the permanent residence rules applies to the following categories of citizens:
- people called up for military service;
- people in prison;
- people who left for treatment;
- students.
If a citizen meets the established requirements, then he can begin to privatize his home.
Possible problems
Practice shows that during privatization it is often the residential premises that are transferred into ownership, and not the house itself. A citizen carrying out privatization needs to independently control this issue and contact the local government body. An application is submitted there to remove a municipal residential building from the balance sheet in connection with its transfer to a new owner. The ownership of a newly privatized house is formalized in accordance with the general procedure by the federal state registration authority.
Privatization of the room. Where to begin?
Privatizing a room in a communal apartment is practically no different from privatizing an apartment in an apartment building. The following documents will be needed:
- Passport of a citizen wishing to privatize a room.
- Certificate of residence.
- Technical certificate.
- A certificate stating that there are no debts on utility bills is issued by the Department of Economic Development, Housing Office or REU.
- Certificate of registration form No. 9 - issued upon request from the housing department.
- Financial and personal account - issued upon request there.
- Passports of everyone registered in this room.
Where to start privatizing a room in a communal apartment? Of course, from collecting documents. The documents have been collected. What else needs to be taken into account in this case? If a room is privatized by a family with minor children, then they will need a document from the guardianship authorities that allows them to register the room as their property. Minor children cannot refuse privatization and automatically become participants. But they retain the right to free privatization. Let us remind you that this right is given to all citizens once.
If for some reason a month before the privatization procedure a minor child was discharged from the room, then privatization will most likely be denied. All adult citizens registered in the room have the right to refuse privatization, but this refusal must be notarized.
Privatization in Moscow
What is the “one window” regime in Moscow?
In Moscow, reception of citizens who privatize housing is carried out in a “one window” mode. This means that for Muscovites, housing privatization is more simplified, since almost all documents will be collected upon request without the participation of the citizen.
Those wishing to privatize an apartment must contact the Office of the Department of Housing Policy and Housing Fund of the City of Moscow in Administrative Districts. One of the adult family members comes to the appointment. At the same time, he will need to have with him originals and copies of identification documents of all family members: for citizens over 14 years old - a passport, for children under 14 years old - a birth certificate.
To verify the principle of one-time participation in privatization, citizens who arrived in the occupied area after September 1, 1991 must provide:
- information about registration at the place of residence (extract from the house register) for the period from September 1991 until arrival at this place of residence; — a certificate from an authorized body confirming the unused right to participate in privatization at the previous place of residence (in case of living outside the city of Moscow during the specified period).
Department employees inform citizens about the need to pay for paperwork (production of BTI documents, execution, if necessary, of a social tenancy agreement, registration of property rights, execution of a notarized power of attorney for submitting documents for state registration) and issue the necessary receipts for this. Next, they send requests to the BTI and other housing organizations in order to obtain the necessary documents. After checking all documents, citizens are called to sign a contract for the transfer of ownership of residential premises.
The signed agreement, at the request of the applicants, can be:
- submitted for state registration to the registration service directly by employees of the Department's Office. After state registration, the registered agreement is issued to the applicant through the “one window” service. This service is paid; - handed over to the applicant for independent actions to register property rights. In this case, you will be able to save a little, since you will not have to make a power of attorney and pay for the state registration service to the employees of the Department.
Contacting the “one-stop shop” service may not always result in receiving title documents. Reasons for refusal may include:
— lack of city rights to privatized housing; — submission of counterfeit documents, documents that have lost their validity, etc.; — refusal of the applicant to pay for services; — re-participation in privatization; — lack of information confirming participation (non-participation) in privatization from other regions of the Russian Federation.
Garage privatization. Where to begin?
Registration of ownership (privatization) of a garage implies not only the registration of this right, but also the privatization of the plot of land on which the building is located. A garage located in a garage cooperative (GC) is more difficult to privatize than a detached one, because in this case it is only a part (box) of the whole property (building). Privatization of the garage will allow you to dispose of the garage box at your own discretion (sell, donate, inherit, etc.). Where to begin?
First, you should go to the management of the Civil Code and obtain a certificate of state registration of this cooperative. After this, order a technical description of the garage from the BTI. It takes about a month to complete. When it is ready, submit it along with a package of documents to the Registration Chamber.
Documents for garage privatization
- A statement that you wish to register ownership of the garage.
- Passport.
- Declaration of ownership of real estate (the primary document confirming that the garage belongs to you).
- Cadastral plan of the site on which the garage is built.
- A document confirming ownership of the land on which the garage is located.
Any privatization requires considerable effort and time. If you don’t want to go through the authorities yourself, then you can hire realtors who will perform all these actions for a fee. If the garage was built in Soviet times, and there are no documents for it, then the issue of privatization can be resolved through the court.
Why is privatization needed?
Privatization is needed primarily by the property owner himself. Everyone decides for himself whether he needs to take possession of an apartment from which no one kicks him out. In addition, some are stopped by the state duty that must be paid during privatization, despite its free nature.
Through the legal acquisition of property rights, a citizen has the right to:
- sell an apartment, house and other real estate;
- exchange your home for another;
- donate real estate;
- make a will.
To make transactions with property, you will definitely need a document. It must register the citizen's right to the specified property by state bodies.
In our country, according to statistics, about 80% of housing has been privatized over more than twenty years.
Apartments
Many people do not know why privatization of an apartment is necessary, so they do not register ownership. Especially often among those who have not privatized an apartment are low-income citizens.
Privatization is free, but 2 thousand rubles for state duty must be obtained from somewhere. That's why they don't do the registration.
Some pensioners, who have difficulty standing in queues, argue the same way. But in the event of the death of the owners of the apartment, it will pass to the state or municipality. The heirs will no longer be able to exercise this right.
Another aspect: if the owner of the apartment owes rent for a certain period of time, then he does not have the right to evict him if the apartment is owned. If the housing is not privatized, then debtors can be evicted.
Privatization of an apartment in a cooperative building has its own characteristics. What is the procedure for privatizing a land plot? See here.
Private house
If everything is clear with the apartment, then why do you need to privatize the house? To understand this, you need to understand the essence of this process. Why do you need to transfer a house from state property to your own, private property? The answer is simple: to be able to dispose of your property the way you want.
The house can be sold, and then, as a result of a simple privatization operation and subsequent sale, you receive a sum of money.
After privatization, you can exchange the house for something valuable, you can exchange it through transactions under a gift agreement. Still, the benefits are obvious.
Land under a private house
Privatization of a land plot if a private house is located on it is necessary in order to be able to dispose not only of one’s own land, but also of the house that stands on the plot. The advantage in the privatization of land belongs to the owner of this house.
It is believed that the start of privatization was the new Land Code. Privatization is carried out in several ways, depending on the circumstances. There are four of them:
- simplified privatization procedure;
- transfer of ownership through administrative procedure;
- ransom;
- through the court.
Those who owned this land indefinitely or for life can count on free privatization. On the same basis, those who built or purchased a house on this site privatize the plot. The time of acquisition or construction must be before the adoption of new land legislation.
The administrative procedure for transferring rights to land into private hands occurs when the property was improperly registered. If you have the documents on hand, then the so-called simplified scheme applies.
Garage
The privatization of garages causes problems for those who acquired these objects long before ownership began to be registered. Particular difficulties arise when preparing documentation. But you still need to privatize the garage, since through this process it will be possible to sell it, for example.
But that's not the main thing. If a municipality or state needs land, non-privatized garages can be demolished by law. Privatized property eliminates this possibility. The dacha amnesty simplifies the privatization process.
Dacha plot
The dacha plot needs to be privatized not only for the reasons stated above. After the land becomes personal property, you will be able to:
- build a house;
- build a garage;
- erect outbuildings.
After the new land legislation, summer residents had several attempts to simplify the privatization of their summer cottages.
Cooperative housing
In relation to cooperative housing, it would be incorrect to use the term “privatization”. Privatization is the transfer of ownership from the state to private hands. A cooperative is not a state or municipal structure. Housing and construction cooperatives are legal entities.
After a citizen, a member of the cooperative, paid the last installment, he became the owner of the constructed apartment. But the documents that were issued by housing cooperatives at that time are no longer valid. Therefore, shareholders need to register ownership of the apartment in a legal way.
