Storage of documents on the privatization of housing in the constituent entities. What documents do you need to collect to privatize an apartment?

The question of privatization arises for almost everyone who owns any real estate. But most people imagine this procedure to be very complicated and lengthy. In fact, there is nothing complicated in the privatization procedure; the main thing is to collect everything necessary papers, and then contact “at the address”.

Let's first understand what the concept of privatization itself is.

Privatization of an apartment– registration by the owner of real estate and its transfer from the hands of the state to the hands of ordinary citizens. Let's consider what kind of documents will be needed during this procedure.

List of basic documents for privatization of an apartment

For privatization to take place without unnecessary problems and quickly, you need to obtain a number of documents in advance. There are quite a lot of them, so to get some you will have to spend your strength, and sometimes your nerves. But it's still worth it.

Let's move on to the list of required papers:

1. Social tenancy agreement for an apartment. Often, any owner has this document. It is issued when receiving real estate from the state, as well as during the purchase/sale procedure. But due to various reasons sometimes of this agreement the owner doesn't have it. In this case, you must contact the Unified Information and Settlement Center. There is a branch of the government agency in every city. To receive the contract, you must have your passport with you, and when you arrive, write an application for receipt according to the sample. The results can be collected within a few days. This document will have the same legal force as the original. But only the real owner can receive it.
2. Cadastral passport. Receiving this document may take quite a long time, so it is best to order a passport in advance. This can be done at the Cadastral Chamber.
3. Technical certificate. It can be obtained from the Technical Inventory Bureau if the owner does not have it. The document is very important, so it is necessary to take its receipt with the utmost seriousness. It is important to take into account that if redevelopment has been done in the apartment, then initially it needs to be legalized, and only then will it be possible to carry out the procedure for transferring the apartment to private property.
4. Extract from the house register. This document should contain information regarding the citizens registered in the apartment. You can get such a statement at the nearest passport office, but there is no need to rush. When there is a question about privatization, this extract is valid for only 14 days from the date of receipt.
5. Certificate of non-participation in privatization. I receive this certificate from the Bureau Technical Inventory. The law states that anyone can privatize real estate only once, which means it is necessary to obtain a document stating that the person has not yet used such a right. All data is entered into the database, so bypass this law impossible. There are cases when it is possible to privatize an apartment, even if a person has already participated in this process. But in this case, at the time of filing the application, he should not have privatized apartments in your own name.
6. Extract from the Unified State Register for the apartment. You can get it at: Multifunctional Center or use the services of the Registration Chamber. There is also no need to rush to receive it, since the extract will be valid for no more than a month.
7. Extract according to form No. 3. This document is similar to a statement of non-participation in privatization. But this document indicates not only all participants in a particular process, but also data on the real estate that the participants have. In addition, it should indicate how they acquired their property.
8. Certificate of debt or personal account. The certificate describes whether there is arrears on utility bills at a particular facility. Validity period: 30 days from the date of receipt. It is important that there is no, even minimal, debt.
9. Documents of participants. Of course, where would it be without the documents of the privatization participants? But it must be said that in addition to passports, it will be necessary to provide certificates of marriage and birth of children, if any. When submitting, you must have originals and certified copies with you. They can be certified by any notary.

We can say that having collected all the basic documents, you can safely go and privatize the apartment. But collecting them is sometimes very difficult, so many people turn to intermediaries who, for a fee, can collect everything Required documents, and also help with privatization. Well, everyone chooses for themselves what to do.

List of additional documents

Let's move on to another list of documents that may be needed during privatization in certain situations. This list is quite large, like the previous one, but everyone also needs to know it.

So, let's move on to the list:

1. Refusal of privatization. A different number of people may be involved in the issue of privatization. In the case when someone wants to refuse to participate in the procedure, he needs to draw up a special document - a refusal. This can be done by any notary. When submitting documents, you will need to provide not only the original, but also a certified copy. Therefore, upon receipt, it is better to immediately make a copy of everything and have it certified.
2. Death certificate. It is necessary to provide and this document, if a deceased member of the family previously lived in the apartment. You must provide the original and notarized copies.
3. Situations with the discharge of minors. In the case of expulsion from the apartment of minors who appear in different papers, another problem arises. In this case, permission from the guardianship authorities, as well as extracts from the house register. It must be from both the old place of residence and the new one.
4. Power of attorney. It often happens that privatization is carried out through intermediaries. In this case, it is necessary to contact any notary with an intermediary who can draw up a certified power of attorney for privatization from another person. With this document, the authorized person will be able to receive and draw up all the necessary papers.
5. Certificate from the visa and registration department. A certificate is required if a person who previously had another citizenship participates in privatization. The certificate must indicate which country he was a citizen of, as well as the date of acceptance of Russian citizenship.
6. Clarification of place of residence. The document may be needed if different documents indicate different addresses. This can happen for various reasons, ranging from spelling errors to changing the name of the street.

If there is a need to obtain these papers, then this must be done. Otherwise it is impossible to privatize the apartment. Having collected all the main and additional documents mentioned above, you can be sure that the process will go without unnecessary problems.

Where can I obtain the documents necessary for privatization of an apartment?

It was already indicated above where exactly you need to apply for some papers.

But let's look at the list of all public services places to visit:

• Bureau of Technical Inventory (BTI).
• Unified information and settlement center.
• Cadastral Chamber.
• Registration Chamber.
• Passport Office.

It is important to understand that applying for each individual document should be step-by-step. Of course, you can get everything at once, but some papers are valid for a very short period of time, while others are valid for the entire time.

In what order do you receive them?

You need to understand that the privatization procedure cannot be completed in one day. It often takes more than a week to collect and receive all documents. Therefore, let's divide all documents by time of receipt.

1. Initially, you need to get the papers that will take the longest to complete., and they do not have expiration dates. These could be: a social tenancy agreement, cadastral passport, technical certificate, all documents from the Bureau of Technical Inventory.
2. Next, you need to take care of documents that have certain deadlines, but still, they give enough big time for privatization. These may include: a certificate of non-participation in privatization, powers of attorney, clarification of place of residence.
3. Lastly, it is necessary to draw up documents whose validity period is minimal.. These are a certificate of debts and an extract from the house register. After receiving these documents, there will be only two weeks left for the privatization procedure.

There is another reason why you shouldn’t formalize everything at once. There are often situations where some documents do not correspond. In such cases they need to be redone. This means that it will be very unpleasant when, due to a typo in a regular document, you have to redo half of the papers whose validity period has already passed.

What documents are needed to privatize an apartment in 2015?

In 2015, for privatization you need to provide all the above basic documents. In addition, there is often a need for additional papers. The absence of even one of them may lead to failure in the privatization process.

What documents are needed to privatize an apartment in 2016?

The privatization process undergoes changes very often. Legislation in 2016 was no exception. Fortunately, the procedure will be greatly simplified with regard to the main list of documents.

In 2016 these will include:

• Extract according to form No. 3.
• An application that can be submitted to the Housing Office.
• Technical certificate.
• Certificate of non-participation in privatization earlier.

Other documents may be needed in various situations, therefore, the external facilitation of the procedure does not mean that the whole process will go smoothly.

To summarize, we can say that the privatization procedure is not a particularly complicated procedure. The main thing is attentiveness and patience, which will certainly be needed when collecting all the documents.

Privatization of housing is considered the primary transaction in the real estate market, as a result of which the apartment becomes the full property of a citizen of the Russian Federation. Moreover, all subsequent steps associated with various transactions for the purchase/sale of real estate depend on the main procedure - the privatization of housing.

The law on was adopted in Russia back in 1991 (“On Privatization housing stock V Russian Federation") and since that time the privatization of apartments into private ownership has been actively continuing.

It is difficult for an ordinary person, who is faced with questions about the privatization of apartments for the first time and is far from the nuances of Russian legal legislation, to understand all the intricacies of the process, so detailed explanations are needed: where to start privatization, what documents to collect, etc. Let's consider the main stages of privatization in Russia.

Special conditions for the privatization of apartments in the Russian Federation

According to statistics, today about 20% of the Russian population has not yet privatized their housing. Therefore, the State Duma decided to extend the privatization period until March 1, 2013, and then until 2015. Until this deadline, citizens can register their ownership of housing and, in particular, apartments for free. Further, as the authorities indicate, the deadlines for the privatization of apartments will no longer be extended.

They have the right to privatize housing those apartment owners and members of their families who live in the occupied living space under a contract and until now have not participated in the process of privatization of other housing. Those citizens who live in apartments under agreements for the free use of housing cannot obtain the right to privatization.

Also for apartments there are restrictions on the right of privatization. For example, Russian legislation allows the privatization of only those apartments that are part of the municipal or state housing stock. The following categories of housing are not subject to privatization: rooms in dormitories, apartments in disrepair, located in military camps, or those apartments that are considered official and belong to the housing stock of an organization or enterprise.

The procedure for privatizing an apartment: where to start the first steps towards privatization?

First of all, an application is submitted to local city or district authorities involved in housing privatization. For example, to privatize an apartment in Moscow, residents of the capital must contact the district administration at their place of residence, the department of the Housing Department.

A complete package is attached to the application mandatory documents . If several adult family members wish to take part in the privatization of an apartment, then the power of attorney for collecting and processing documents is notarized for one person acting on behalf of all those claiming the right to own housing.

Currently, many private agencies provide assistance in matters of privatization if a person himself does not have time to draw up documents and go through the authorities. This is especially true if privatized apartment redevelopment of the premises was carried out if the apartment owners want to urgently sell or change living space and in other non-standard situations.

What documents are required to provide for privatization of an apartment?

Documents required for privatization of an apartment:

• Passport, birth certificate (for children under 14 years of age) or other documents identifying a citizen of the Russian Federation.
• A certificate from the BTI (technical passport for the apartment with a floor plan and explication).
• Extract from the house register.
• Financial and personal account.
• A social rental agreement, which is drawn up in the department of the Housing Department.
• A warrant for an apartment or a certificate with permission for privatization, which is issued by the district housing commission in the absence of a housing order for any reason.
• Power of attorney for the document holder on the privatization of the apartment, signed by other family members participating in the privatization. A power of attorney for the privatization of an apartment must be certified by a notary.
• Receipt for payment of state duty tax.

Additional requirements may include: extracts from the house register of the applicant’s previous places of residence, certificates with information about children who are registered in this living space, but are not currently residing at the place of residence due to traveling to their place of study, etc.

The main stages of registering ownership of an apartment during urgent and non-urgent privatization

According to Russian legislation, citizens have the right to participate in the housing privatization process only once.

According to the timing, privatization of an apartment is divided into urgent and non-urgent. In both the first and second cases, all documents are collected in the organizations EIRTS, ZhEK, DEZ and other departments of municipal and government agencies. But urgent privatization usually takes no more than one month, while ordinary (non-urgent) privatization can last up to 3-4 months.

Conditionally the entire process of apartment privatization can be divided into several main stages:

1. Time to collect documents.
2. Time to serve collected documents to the Department of Housing and consideration of this package of documents.
3. Payment of duties and fees for state privatization.
4. Registration of ownership rights to an apartment in the Federal Registration Service (Office of the Federal Registration Service).

The main advantages of the apartment privatization process:

• After privatization, citizens become full owners of an apartment with the right to sell, donate, rent or exchange it at their own discretion.
• Privatization means obtaining ownership of housing for free, which is much more profitable than buying an apartment for a lot of money.
• Your own privatized housing can be used as collateral when receiving a bank loan.
• In case of rent arrears, homeowners do not have the right to evict from their occupied living space, while the state has the right to evict a tenant of a non-privatized apartment in case of non-payment of the debt.
• If the apartment was privatized by the spouse before marriage, then in the event of a divorce, the property remains entirely with the citizen for whom the privatization documents were drawn up.

The disadvantages of apartment privatization include: only one significant “minus”. In case of non-payment of debts in case of non-repayment of loans, non-privatized housing cannot be confiscated from the residents, since it is the property of the state or municipal fund. If housing is privatized, it can be confiscated in various legislative and legal situations when the tenant violates the terms of the contract.

Summarizing all of the above, we can conclude that at this stage of government power and the structure of our society privatization of an apartment is necessary process for all citizens. The most important thing is that you need to think through your steps correctly and choose the right time to register your ownership of the apartment. For example, if a person lives in an apartment located in a dilapidated building that is scheduled for immediate demolition, then it is better to wait and receive free housing from the state after the house is moved out.

When you plan to privatize an apartment, you must first obtain consent to such an action from all persons who live in it. Each resident must sign a corresponding statement in this case. If one of the residents does not want to participate in privatization, he must provide a notarized refusal.

According to this, forced privatization is impossible, as well as privatization without the consent of all residents of the apartment. To influence the situation, you can try to recognize family members who refused privatization as having lost the right to use the apartment. Then formalize privatization.

It must be taken into account that in order to file a claim there must be compelling reasons, for example, a family member has moved out of the apartment or he has not paid utility bills for a long time

What documents will be needed for the privatization of an apartment and other housing?

Basic package

To carry out the privatization procedure, a person is required to submit a certain list of documents; the main documents include the following:

Additional list

Given the uniqueness of each individual situation, a person may be required to submit a number of supporting documents, including:

Through the court

To privatize housing in judicial procedure, you need to prepare a package of documents. IN statement of claim Be sure to indicate your requirements. The court will review the case materials and the evidence presented, and as a result, a decision will be made. If it is accepted in favor of the plaintiff, then the court ruling will serve as the basis for signing the privatization contract.

The statement of claim is drawn up in accordance with the requirements of Art. 131 of the Civil Procedure Code of Russia, it must indicate:

• name of the judicial authority;
• the plaintiff's name and residential address;
• complete information about the authority to which the demands are being made;
• evidence that rights have been violated;
• documents attached to the application.

In certain cases, the court may refuse to satisfy the applicant’s demands, namely:

• redevelopment was made in the premises, which was not legalized;
• the plaintiff did not pay utility bills on time, which resulted in a debt;
• the plaintiff’s right to privatization was already used by him earlier;
• the documents presented are invalid.

Along with the claim you must submit:

• Russian passport;
• a document that confirms the identity of each family member registered in the apartment;
• excerpt from the house book;
• in case of redevelopment - a document certifying its legality;
• refusal of family members to take part in privatization;
• certificate of non-participation in privatization.

Each document has its own validity period, which must be taken into account when collecting and submitting papers

Why can they refuse?

The reasons for this can be very different. Depending on them, the refusal may be expressed in the fact that the documents will not be accepted or the tenant and members of his family will be notified of the refusal to transfer housing based on the results of consideration of the submitted papers.

The most common grounds for refusal:

• the apartment does not fall under the privatization program, for example, it is recognized as unsafe, is located on the territory of a closed military camp, has the status or office housing, is in arrest;
• there are no powers to carry out privatization; this is possible if housing is not provided in social hiring, but is rented or used for free use;
• there is no consent of all residents to privatization;
• the right to free privatization;
• documents submitted for privatization contain corrections, contradictory or incomplete information, have lost their legal force or are provided incompletely, etc.

Where to contact

The question of where you can get the necessary certificates and where to submit documents for privatization of an apartment arises for everyone who plans to carry out a similar procedure.

Which structures should you contact to obtain the necessary papers:

• the document that serves as the basis for privatization - a social rent order or contract - can be obtained from the EIRC or the archive;
• You can order a registration certificate from the BTI;
• cadastral passport - in Rosreester or the Cadastral Chamber;
• an extract from the house register will be prepared and provided by the passport office at the place of residence;
• a certificate of personal account status will be issued by the accounting department management company home or housing office;
• a certificate of non-use of the right to privatize housing until 2000 can be obtained from the BTI, after this period from Rosreestr.

MFC

You can carry out the privatization procedure by contacting the branch of the Multifunctional Center (MFC) at the location of the apartment. One of the citizens who are registered in the apartment signs an application for the provision of services. At this stage, all participants in the process should not be present.

MFC employees will be able to carry out the procedure only if they have the appropriate power of attorney. It must be notarized. When contacting the Center, a person must have a passport and a social tenancy contract with him, another document that will be needed is a certificate of non-participation in privatization.

When an application for privatization is submitted to the MFC, all persons who are registered in the apartment must be present, including children who are over 14 years. Everyone must have a passport with them. If someone's presence is impossible, a notarized power of attorney should be prepared.

As a result of contacting the MFC, a person received a privatization agreement, on the basis of which a certificate of ownership will be issued.

Modern technologies allow you to submit an application to the MFC remotely; this can be done by registering on the State Services portal. By going to the tab " Electronic services", you should fill out the form and upload copies necessary documents. Verifying an electronic application takes no more time than in the case of a personal application.

Recently, an anniversary flashed by, which no one noticed: 15 years since the beginning of privatization. Fearing that the state might change its mind, people rushed to register their housing as their own. People spent the night in line, burning fires so that they could be first in the morning.

The situation almost repeated itself after the entry into force of the new Housing Code, which limited the terms of privatization. To cope with the rush and make life easier for Muscovites who want to privatize their apartments, the “one window” service created in the district housing departments is called upon. How to register ownership of a home using one window - this is what today's issue of the Help Bureau is about.

Where to go

Agreements for the transfer of ownership of residential premises in the manner of privatization are drawn up and issued in a “one window” mode by the departments’ services Housing Department in the administrative districts of the capital.

Where did you live before September 1991?

Housing specialists divide privatization into easy and difficult. Easy – this is if you wanted to privatize the apartment you moved into before September 1, 1991. Which already speaks for itself, that you had not previously participated in privatization, since there was no such law then. But the one who moved into the apartment after this date must also prove that he has not previously taken advantage of this right, and if he wants the documents for privatization to be completed in the “one window” mode, he must submit documents with previous residential addresses:
– information on registration at the place of residence (extract from the house register) for the period from September 1991 to the date of settlement at the last place of residence;
– a certificate confirming the unused right to participate in privatization at the previous place of residence.

Deadline given

The period for preparing documents for privatization in the “one window” mode is 60 working days.

How much does free privatization cost?

They prepare and generate documents for privatization, send them to the state registration of the department’s “one-stop shop” service free of charge, that is, free of charge. But the services of “third-party” organizations with which they interact must be paid. You will have to fork out for:

• BTI services for the production of documents (floor plan and explication for it), which, depending on the size of the apartment, will cost 150–200 rubles.
• in addition, in houses with a complex address history (for example, once upon a time, during Ona’s time, the street was called Fili-Mazilovo, now Kastanaevskaya) BTI for issuing a certificate of identification of the object’s address capital construction at the current address will take 440 rubles.
• for registration of property rights - state duty 500 rubles;
• for issuing a notarized power of attorney to submit a package of documents for state registration - from 400 to 800 rubles. Depending on which notary you go to. Different notaries have different prices.

Advice: To save money, issue one power of attorney for all family members. Keep in mind that some notaries issue a power of attorney for each household member. And, accordingly, they take more money.

The necessary receipts for payment are issued when filling out an application for the preparation of documents for privatization in the “one window” mode.

Steps to take

1. One of the adult family members, registered in a privatized apartment, contacts the “one window” service of the Office of the City Housing Policy Department in his district, that is, at his place of residence, and fills out an application form with a request to transfer ownership of the occupied living space for such and such address, prepare the necessary documents.

The following are attached to the application:

• copies of documents with the presentation of original identification of all adult family members registered in the occupied area - originals and photocopies of passports.
• for children under 14 years old - originals and photocopies of birth certificates.

Employees of the one-stop service check the documents submitted by the applicant and generate them using computer program“Privatization. Preparation of documents” is an application, the standard form of which is approved by the Moscow government. The accepted application for the preparation of documents in the presence of the applicant is recorded in the electronic register. An extract from this journal, certified by the signature of an employee of the “one window” service, is handed over to the applicant.

2. Again, a visit to the “one window” of the district Office of the Department to sign an agreement for the transfer of living space into ownership. During this procedure, all family members over 14 years of age registered in the privatized housing (or their representatives with a notarized power of attorney) must be present. Do not forget the original identification documents and the paid receipt for the state fee charged for registering property rights.

3. Now the concluded agreement for the transfer of housing ownership must be registered with the Main Directorate of the Federal Registration Service for Moscow. At the request of the applicant, this can be done by:

• authorized employee of the Housing Authority. The service is free. In this case, it is necessary to issue a power of attorney to an employee of the department to submit documents for state registration to them. The registered agreement is issued to the applicant through the Office's one-stop service.
• the applicant himself. But when submitting a package of documents for registration, the presence of an authorized employee of the Department who has the right to sign by proxy from the head of the department as the second party to the transfer agreement is still required. Right there, in registration service, after 2-3 months, the future owner of the property must then appear for a certificate of state registration ownership.

4. And the last one. Appearing at the Housing Department for the completed document. The contract for the transfer of ownership of housing in the manner of privatization is issued simultaneously to all owners of residential premises (or their representatives with a notarized power of attorney) in the presence of original passports and birth certificates of children.

Upon receipt of the transfer agreement, the applicant certifies this fact with a personal signature in a special journal.

Why can they refuse?

The “one window” service may refuse to issue title documents in the following cases:

• there are no city rights to privatized housing;
• there are redevelopments that have not been approved in the established order, resulting in changes in technical specifications housing;
• For privatization, fake, untrue and invalid documents have been submitted;
• the applicant refuses to pay for the services provided for in these regulations;
• the right to privatization has already been used;
• there is no information from other regions of the Russian Federation confirming participation (non-participation) in privatization;
• the applicant or family member left due to registration at another place of residence, death, etc.

Monday through Friday

District departments accept applications in a “one window” mode:
Monday - Thursday: 9 a.m. to 6 p.m.
Friday: 9 a.m. to 4 p.m. 45 min.
Lunch break: from 13 to 14 hours.

Where is this said?

• Moscow government decree No. 352-PP dated May 30, 2006 “On measures to further development and improving the work of executive authorities, government agencies and government unitary enterprises cities in “one window” mode;
• Moscow Government Resolution No. 606-PP dated August 22, 2006 “On approval of the regulations for the preparation, approval and issuance in the “one window” mode by the Department of Housing Policy and Housing Fund of the City of Moscow of contracts for the transfer of residential premises into ownership through privatization”;
• Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” of July 4, 1991.

The material was prepared with the assistance of the head of the department for work with the population in the regions of the Department of Housing Policy and Housing Fund in Western administrative district Elena Batagova