What is needed for the privatization of the apartment. How to privatize an apartment - who has the right and the necessary documents, the cost and timing of the procedure. What documents are needed for the privatization of a municipal apartment

Each tenant of state or municipal residential real estate under a social contract. hiring, once in a lifetime has the right to receive it in the property for free.

For this, such a mechanism as the privatization of an apartment or other residential premises is provided. Some regions have their own characteristics, but we will focus on the capital of our state, Moscow.

Portal experts will tell you where to start, and where to apply for housing privatization in Moscow, and what documents are needed for this. After reading our article, you will learn how to privatize an apartment, if you have not already done so.

So, let's start, as they say, with the origins of legislation.

In this article

Legal basis for housing privatization

Before proceeding with the registration of an apartment in the property, you should familiarize yourself with legislative norms.

The basic document is the Federal Law “On privatization housing stock Russian Federation". At the beginning of this year, changes were made to it, according to which the registration of municipal housing in the property is not limited by time frames.

Recall that earlier the authorities planned that the privatization process was to be completed in the spring of 2017.

That is, now Muscovites have the right to privatize own apartment at a convenient time for them, provided that all necessary documents are ready.

Legal grounds for the privatization of an apartment

Among legal documents You can also highlight the domestic Housing Code. Its provisions contain general rules acquisition of ownership of a dwelling, the procedure for its maintenance, making utility payments and much more.

Let's not forget to mention the regulatory legal acts affecting the procedure for registering rights to real estate. After all, after the end of the entire privatization procedure, the ownership of the apartment must be registered with Rosreestr. Moreover, this must be done through the efforts of all co-owners of the now received property.

Who has the right

All applicants who are registered in a municipal apartment can be involved in privatization. In this case, the age of citizens is not taken into account. Therefore, even very young children can become co-owners of the space.

To be included in the privatization process is a right, not an obligation of a person. For example, if in marriage only the wife privatized the apartment, then it will also be her property. However, in the event of a divorce, her husband retains the right to use housing.

People (with the exception of minors) who have already received housing in this way are not entitled to be involved in privatization.

How is it happening

For metropolitan residents exists. Its text can be downloaded from our website.

V this document the whole process of registering apartments for ownership is outlined: the composition and procedure for submitting documents, the procedure for their consideration, the timing of privatization. And also from the text of the mentioned legal act it will become clear how the provision of premises in individual ownership ends.

Where to apply for registration of privatization

All issues related to granting ownership of municipal housing are in charge of the Department of City Property of the City of Moscow. It is he who decides the issue of privatization and concludes an appropriate agreement with the future owners of the apartment. Documents can be submitted directly. However, there are alternatives as well.

Through the MFC

This abbreviation stands for a multifunctional center for the provision of state and municipal services. There are more than a hundred such institutions on the territory of the capital.

But it should be remembered that the privatization of an apartment through the MFC will take a little longer. This is due to the fact that all documents are sent to the Department of City Property. The MFC itself does not process privatization.

Electronic form

To do this, all documents can be submitted online through the portal of state and municipal services of the city of Moscow. For this purpose, it is necessary to register, as well as upload documents in their electronic version. However, the finished contract should still be picked up at the city property department.

Terms of registration

According to the rules mentioned above maximum term implementation of privatization is 46 days. At this time, the processing of documents at the MFC is also read out. The expiration of this time begins from the moment of receipt of the application or its registration (if the documents were sent to in electronic format).

In cases that deserve special attention, the privatization process may be suspended. All the grounds for this can be found in the regulations.

Required documents for privatization

To fully privatize an apartment, you should collect a certain package of documents with the information necessary for the implementation of this procedure. The composition will be determined depending on how many people will take part in the privatization of the occupied areas, as well as to whom initially

We will tell you what documents are needed for the privatization of an apartment based on the realities of the capital. After all, not full package documents, the presence of inconsistencies in them may cause the privatization mechanism to be suspended or postponed indefinitely.

We offer you a list of documents that will be needed to register an apartment under a gratuitous transaction:

1. Application (it is also called a request for the provision of a municipal service).
2. An order for an apartment or a copy of the contract in relation to social recruitment.
3. Passports of persons participating in privatization, or their birth certificates (if we are talking about children).
4. A notarized refusal to be involved in privatization (if any of the tenants of the apartment does not want to register their part of the property on it).
5. Passports issued for this apartment (technical, cadastral).
6. Information about the state of the personal account, proving the absence of utility debts.
7. An extract from the existing house book (if maintained), which will indicate all persons legally registered in the apartment on the day the documents are submitted.
8. Information from the One state register real estate with regards to the object of interest, as well as the presence of real estate owned by citizens.
9. Confirmation that the persons registered in the apartment have not privatized the apartments before.

When a representative will be engaged in privatization on behalf of the tenants, one or more powers of attorney certified by a notary will be needed.

How to get a

Some documents for the privatization of an apartment must be obtained from the archives and ordered from enterprises or institutions. Here is just a list of the main ones.

registration certificate

It is made by BTI employees upon request and after examining the premises. So, you should apply for a technical passport there. Prices for the production of a document are constantly changing, so it is best to clarify the financial side in advance.

Cadastral passport

It can also be issued in the BTI. Therefore, the data sheet and cadastral passport usually ordered at the same time. Agree that this simplifies the task.

At the same time, at the moment, this information is contained in the extract from the Unified State Register of Legal Entities. Therefore, you can save.

Extract from the house book

Depending on the status of the house, it is ordered at the passport office at the place of registration of the citizen, from the management company or body that deals with the affairs of the HOA. On average, obtaining this certificate is 5 days.

Information from USRR

They can be obtained both by contacting the Rosreestr and the MFC. Preparation of the response and documents will take from 3 to 5 days (depending on where the application for data was submitted).

How long are the documents valid

Currently, only the deadlines for extracts from the USRR are legally fixed. They are valid for one month. According to other documents implied for privatization, there are no time limits as such.

Privatization agreement

If all documents are executed and there are no obstacles to their rejection, then an agreement must be signed for the provision of property into ownership in the manner of privatization. It has several fundamental points.

The preamble should come first. It contains data on the local government of Moscow and persons who want to individually or jointly privatize the apartment they are interested in.

This is followed by a statement of the full characteristics of the residential property, including the address, the size of the total and residential areas, inventory value apartments.

On our resource you can see an approximate sample of a privatization agreement and download it for free. So it will be clear how the process of housing privatization in Moscow works.

Registration of property rights

A signed agreement with local authorities on the transfer of housing on the terms of privatization is still not enough. The inherited property right should be registered officially.

This can be done both through the Rosreestr authority and through the MFC. The term for registration of rights will be from 5 to 7 working days.

For registration, you will need an application (it is written from each apartment owner or collectively), a privatization agreement, personal passports. The process is completed by obtaining an extract from the Unified State Register of Real Estate.

Process details

If we talk about such a case as the privatization of places to live, then there are separate features. We have already found out where to apply for the privatization of an apartment. But before starting the whole process, there are some points to consider.

So, a person may not want to be involved in privatization. There can be many reasons for this. However, in any case, a statement is required, which is certified by a notary. If it is present, the participation of a citizen in further actions is not mandatory.

The fact of privatization is confirmed by the relevant agreement. It must be signed by all co-owners of the apartment or their representatives (if they have the necessary authority). The absence of a signature of any of the citizens deprives the agreement of legal force.

Why might they refuse?

There are a number of reasons why the privatization of an apartment may be denied.

So, housing cannot be privatized if it is not managed by local authorities.

The reason for refusal to privatize may be discrepancies in the documents submitted by the applicant.

An obstacle to registration of property may be the presence of an arrest in the apartment or the emergency state of the house.

They can refuse privatization when he has already used this right before. The exception is minors. The legislation gives them the opportunity, after reaching the appropriate age, to again participate in privatization. Such a right for a child is enshrined in Part 2 of Art. 11 FZ on privatization.

In some cases, privatization requires the consent of other persons registered in the apartment. The absence of this may also be a reason for refusal to provide property ownership. The entire list (exhaustive) of reasons for refusing to privatize is placed in clause 10.1 of the regulation.

How much will privatization cost?

The privatization procedure itself is free. However, some costs will still have to be incurred. In particular, it is necessary to pay for the production of a technical or cadastral passport. In addition, certification by a notary of the refusal to privatize also costs certain costs.

It has already been said above that the rights to a privatized apartment must be registered. The state duty for these actions will be 2 thousand rubles. It can be paid after submitting everything required package documents.

Some Features

When preparing a decision on the gratuitous transfer of an apartment, officials pay attention to a number of points. Requests are made to various services and authorities.

Here are just a few factors that can complicate the life of a citizen who draws up an apartment for himself as an object of ownership.

If you have utility bills

The legislation on privatization, as well as the Moscow administrative regulations that we have mentioned several times, does not contain such grounds for refusing to privatize as the existence of a “communal” debt. At the same time, this factor can complicate the preparation of the required documents.

No social contract

For the privatization of any occupied apartment, it is necessary to confirm the legality of residence in it. And if for some reason the original copy of the contract of social employment is not on hand, then it must be renegotiated.

The foregoing also applies to the situation when, after signing the contract, other people legally move into the living space. Then all of them, before the start of privatization, must also be included in the agreement on social employment.

If refused

Bureaucratic obstacles are not a thing of the past. The same applies to the privatization procedure.

They can refuse in case of illegally done redevelopment, the general condition of the house, and other reasons. Then the most correct option would be privatization through the courts.

V statement of claim it is worth putting forward a demand for recognition of the right of personal ownership to an apartment on the terms of privatization. Another thing is that the trial can become lengthy: everything will depend on each situation separately.

May be suitable in some cases administrative action on recognition illegal decision official - landlord on the refusal to privatize the residential premises. But this topic will be discussed separately.

Questions and answers

Muscovites address real estate market specialists with a lot of questions regarding privatization. Here are the most typical ones.

Privatization period?

Until what time can I exercise my right to privatize a rented apartment?

According to the new rules of legislation, the application for privatization is not limited by any time frame.

Should a privatized apartment be shared during a divorce?

My husband and I are married, but I want to privatize the apartment only for myself. How to deal with housing in case of divorce ?

The apartment received as a result of privatization is not divided by the spouses upon termination of the marriage. However, your husband will retain the right to reside in it.

Who is involved in privatization

I have minor child which I prescribed to my grandmother. Is it possible to privatize an apartment with his participation?

The legislation does not provide such an opportunity. Privatization is possible only for those people who are officially registered at this address.

Pros and cons

Legally privatized housing has a number of advantages in legal terms. After all, the apartment acquires the status of private property. After the end of privatization, real estate can be freely disposed of (sold, exchanged, donated). In addition, it is easy to register other persons on the living space.

If a person decides to issue Bank loan, then the privatized apartment can be a full object of collateral. Finally, it is much more difficult to evict the owner from the premises than the tenant under a social contract of employment.

Along with the advantages, the status of privatized real estate is fraught with some risks.

For example, real estate can be taken for the debts of the owner. In addition, owning an apartment may entail financial expenses.

If the house is an apartment building, then it is mandatory to make deductions for overhaul room. We should also not forget about the property tax, which will have to be paid annually.

Summing up, it should be said that it is possible and necessary to become the owner of an apartment in the process of privatization. In addition to the main advantages, you can add that this will fully feel the roof over your head.

Privatization of an apartment seems to be a complicated procedure, so let's figure it out in the article. We will also list in detail what documents are needed to transfer an apartment from municipal housing to your property.

What is privatization of an apartment, why is it needed?

The concept and basic principles of the procedure for transferring municipal and state housing to private hands are determined by the Federal Law of July 4, 1991 No. 1541-1 “On the privatization of the housing stock in the Russian Federation”. According to the definition, this is a voluntary and gratuitous transfer to the ownership of citizens of the Russian Federation of premises suitable for habitation. This also includes the premises that were previously booked by them.

Any previously non-privatized residential space in the status of a municipal or communal, as well as a hostel, can be registered as a property by residents. Among the obvious advantages is the ability to get it for free. The vast majority of housing already has legal owners.

• military personnel;
• employees in the structures of the state;
• assigned to the vulnerable segments of the population.

A person can live in a non-privatized state or municipal building under a social contract of employment and has no right to dispose of it. This applies to all real estate transactions, as well as the ability to register someone without the consent of the municipality (except for a child under the age of majority).

Apartments and rooms that were previously received from the state for residence can be given into private hands, subject to a number of conditions:

• the right to privatize housing each of those living in an apartment or room under a lease agreement in part of a specific area specified in the documents, or in equal shares between residents;
• required for all applicants permanent residence in this room (temporarily registered participants cannot take part);
• a citizen can privatize housing only once in his life in the absence of another residential property owned. At the same time, the interests of those whose rights were violated and restored by the court are taken into account, it is permissible for them to participate in privatization again;
• Privatization is not a duty, but a right. This means that a person can refuse it by issuing it in writing and notarizing it. However, the right to privatize one's share cannot be transferred.

Not transferable to private property housing in emergency houses, service areas, as well as in houses and hostels in closed military camps.

When does the privatization of apartments end in Russia?

The initial period during which it was possible to transfer housing to private ownership free of charge was repeatedly pushed back. According to the previous rules, it was limited on March 1, 2017.

Who still does not know, "Privatization of the apartment, until what time has been extended?".

In 2020, nothing has changed, no deadlines have been introduced. Federal Law No. 14-FZ of February 22, 2017 removed all time limits, thereby free privatization of housing became indefinite.

How to start privatizing an apartment in 2020

Not every living space can be privatized. Therefore, the status of housing should first be clarified. Privatization is not subject to:

• living quarters in emergency houses (you can find out if the house is on the list of emergency on the Housing Reform website);
• rooms in hostels, if they have not lost such status;
• housing in military camps;
• premises allocated to employees of natural parks and reserves.

As for housing for military personnel and employees of natural parks, the issue is not so clear-cut, since it is necessary to clarify the balance holder of the housing stock. Over time, such apartments and houses could be transferred to the jurisdiction of local authorities, and the status of a protected area changed.

Therefore, you should send a request to local authorities to clarify the status of the residential premises that you wish to privatize. It is served in a simple written form indicating the postal address of the housing. Be sure to write that you are interested not only in whose balance sheet it is, but also whether it belongs to the houses of military settlements or environmental significance.

The response time from the municipality should not exceed 30 days.

Step-by-step instructions for privatizing an apartment in 2020

Before starting the privatization procedure, it will be necessary to determine the circle of persons interested in its implementation. It should be remembered that all tenants are equally entitled to privatization. If it is violated, the transaction may be challenged in judicial order and cancelled.

Therefore, consider the following points:

• All citizens registered in residential premises have the right to participate in privatization. On behalf of minors, incapacitated persons, their legal representatives may act. An authorized person can represent the interests of those who are on a long business trip, in places of deprivation of liberty, or who are performing official duties;
• if the citizen does not want to participate in privatization, he must submit a notarized refusal with the consent of the procedure to be carried out by other participants;
• if one of the participants has already formalized privatization before, he does not have a second right and there is no need to receive an official refusal;
• in order to privatize housing, excluding from the participants a child who was registered and discharged by parents, permission from the guardianship and guardianship authorities will be required. Such consent can only be obtained if he is a co-owner of housing at the place of his new registration.

The step by step process of privatization can be described as follows:

1. After preparing for privatization, the first thing to do is to notify the rest of the tenants registered in this room about your desire. Decide what property you will make out - common or sole. Collect consents or refusals from the residents of the apartment.

Any of them has the right to refuse to participate in privatization by giving a notarized refusal. At the same time, he does not lose the right to live in an apartment, subject to permanent registration.

2. Apply to the BTI for a technical passport, issued in about 15 days. The premises must be inspected by an employee of the organization for compliance with the original plan, as well as to exclude housing accidents. If the premises were subjected to serious redevelopment, in this case it needs to be legalized.

3. Collection of necessary documents.

4. Contact the department property relations or MFC with a statement about the desire to privatize housing.

5. Wait for a decision (about 60 days) and approach the signing of the transfer agreement between the administration and the tenants participating in the privatization process. Obtain an act of acceptance of the transfer of the apartment.

To become a full-fledged owner of the apartment, you need to transfer everything Required documents to the Rosreestr authority for registration of property rights. It takes about a month to review. As a result, everyone will receive an extract from the USRN confirming the transfer of ownership of the housing to him.

Note that the most difficult stage is the collection of all documents. It is important to obtain the consent of all registered tenants or have a written refusal certified by a notary.

What documents are needed to privatize an apartment?

The list of documents in 2020 is quite extensive, we list everything as much as possible:

• statements from everyone who agreed to the privatization of real estate - download and;
• a document proving that this housing has not yet been privatized (order or social tenancy agreement). Note that in the absence, you can get a duplicate in the Unified Information and Settlement Center;
• extract from the USRN;
• certificate of absence of debts for payment of utilities for the last 3 months (issued for 30 days);
• a copy from the personal account of the apartment;
• certificate of non-participation in privatization (form No. 2), confirms that persons applying for privatization have not previously participated in this procedure (requested at the passport office, MFC or on the State Services portal - it takes about 10 days to prepare).

Download the application for issuing a certificate of participation in privatization: and

• from each privatization participant it is necessary to order an Extract from the USRN on the rights individuals on existing properties.

In addition to all the listed papers, it is necessary to submit personal documents of all citizens who take part in privatization:

• passports in the original and in copies that do not need to be notarized. The exception is when the stamp of the last registration is on the second page, then it is necessary to certify all pages of copies with a notary;
• a certified copy and original of the marriage certificate (if any);
• a copy and original of the birth certificate of children registered with their parents.

Additionally requested the following documents:

• a written refusal of each person who did not wish to participate in privatization, confirmed by a notary. At the same time, a refusal will not be requested from someone who has already gone through the procedure and has already exercised his right to privatization;
• if the previously registered tenants are no longer alive, then their death certificates are presented;
• permission from the body of guardianship and guardianship with the participation of minors;
• a power of attorney to a representative on behalf of the person whose interests he should represent with the signature of a notary.

Each case is considered individually and the competent authorities can be requested additional documents.

The cost of privatizing an apartment in 2020

Privatization of housing is gratuitous and free of charge. However, paperwork requires some costs, which in total can result in a decent figure.

In addition, notary services for certification of applications and copies of documents are also paid and paid according to the established tariffs. You may have to pay for a number of additional certificates.

Raprivatization of an apartment

It is possible to privatize a dwelling under changing circumstances, each has its own. But you need to know that the right to privatize the same housing will be lost again.

There are two options for privatization:

1. Return back to the state by a court decision, when circumstances that violate the law were discovered;
2. Voluntary return at will of all participants in privatization (deprivatization).

In the second case, the following conditions must be met:

• privatized housing after registration in the property did not participate in transactions, was not arrested, and was also not pledged to the bank;
• no one was registered on the living area;
• not inherited.

It should be noted that for de-privatization it will be necessary to collect the same large set of documents as for privatization. Additionally, you need to submit a certificate of absence of housing in pledge or arrest.

Reading 18 min. Published on 23.01.2020

What is free privatization?

The privatization of residential premises is rooted in the distant 90s. In Soviet times, this was not observed. People received apartments from enterprises where they worked, lived there, registered their children and relatives.

When moving to another city, they were obliged to hand over their housing, which was transferred to another family, according to the current queue.

The procedure for transferring ownership is carried out by drawing up a specific agreement. As a result of the work done on the preparation of the necessary documentation, the tenant turns from a tenant into an owner.

This means that the owner of the dwelling can dispose of it as he sees fit: he can sell, exchange, donate, etc.

There is a list of apartments that cannot be owned:

• Located in boarding houses;
• Located in closed-type military camps (where apartments are provided only to persons liable for military service and for the duration of their work);
• Located in houses recognized as emergency according to the results of a qualified commission.

There is a special law, according to the rules of which privatization takes place, its main principles are:

• voluntariness;
• Disposability;
• Conscientiousness.

A feature of voluntariness is that a person makes the decision to transfer a dwelling for personal use, and no one has the right to influence his decision. Also in the process of registration, voluntary agreements of registered family members are drawn up.

A one-time procedure means that, according to the law, a person has the right to receive an apartment as a property once in a lifetime. This moment very important, recently the right of ownership is granted to one of the family (based on the decision of the family council).

The procedure for transferring the premises into ownership gives the owner the right to use the housing as he sees fit for himself, this is considered a big plus.

A municipal-type apartment cannot be mortgaged, it will be very difficult to sell it, it will be accompanied by certain difficulties, moreover, there will be problems with leasing it, because this is prohibited by the municipality.

Terms and approximate cost of the registration procedure

Technical documentation for the apartment is required when transferring ownership. It indicates all technical information related to the residential premises. Here, the plans of the premises are detailed, taking into account the location of doors, windows, indicating the number of floors.

The price for the production of a technical passport depends on how urgently it will be drawn up. The lowest payment in 2016 reaches 900 rubles, it depends on the location of the apartment and its region.

You can pay the amount directly at the premises of the enterprise or in any departments of Sberbank. You can deposit cash through terminals. If an illegal redevelopment was carried out in the apartment, then you will have to additionally pay penalties in the amount of 1,500 rubles.

When drawing up the privatization procedure, there are people who do not want to take part in it.

The grounds can be different: unwillingness to run around the offices, lack of time and Money or purposeful refusal in favor of a relative. In any case, this must be done in writing.

To do this, you must personally fill out an application in the presence of a notary, where it must be indicated:

• Detailed data of the objector;
• Rejection reason;
• List of persons in whose favor the refusal is made;
• Full address privatized apartment;
• Guardianship permission;
• Evidence confirming the birth of children. The further presence of the person who wrote the refusal of privatization is not necessary.

When filling out the contract, a mark will be placed on the persons who made the refusal. Consent to receive an apartment in the property will be expressed in a statement that will be submitted with all the basic documents.

The final moment of the transfer of housing into ownership is a visit to the Federal Registration Service for the registration of ownership of the residential premises. It is backed by evidence state registration rights. When receiving it, a duty assigned by the state must be paid.

People, having prepared a complete package of documents, must submit them to the local administration (self-government body).

After a two-month check and its positive result, citizens will be invited to sign the contract. However, the concluded agreement does not give the full right to use housing as one's own. The final stage will be the fixing of the contract in Federal Service state register. This procedure will last up to 30 calendar days.

When registering, you need to remember some nuances: The registration procedure should not last more than a month.

• In case of detection of deliberate delay in the deadlines, you can write a complaint to the Prosecutor's Office or go to court;
• You can privatize an apartment only once. The exception is minor citizens who participated in privatization processes. Upon reaching the age of 18, they have the right to independent privatization;
• Those people whose civil interests have been infringed can re-take part in this action. However, this fact can only be proven in court;
• Free privatization has been extended until March 1, 2017. After this period, it will only be possible to buy housing from the state, at a price that is outgoing cadastral value.

Many homeowners ask themselves questions: why privatize their apartments, and is this procedure mandatory?

The answer is simple - from the moment of state registration, the right of ownership of the property is generated, which gives the owner the opportunity to dispose of it at his own discretion, to make any transactions with him.

Based on this, the advantages of privatization are as follows:

• the state gives a citizen the opportunity to become the owner of real estate, the value of which in some cities reaches several million rubles;
• the owner has much more rights: an apartment can be sold, donated, exchanged, pledged, divided into shares, sold or donated one of the shares;
• privatized real estate can be bequeathed or inherited;
• own housing can be rented out and receive monthly income(it is forbidden to rent out municipal housing without special permission);
• on their own square meters you can make redevelopment permitted by law by improving your living conditions;
• the owner cannot be evicted from the housing without compensation for expenses (provision of similar housing or coverage market value), for example, if the house is to be demolished;
• even for significant rent debts, it is almost impossible to evict the owner from the apartment, especially if this is his only housing;
• the owner of the living space has the right to enter, write out and evict persons living on it at his own discretion.