Today we are interested in a service called "privatization of housing." What it is? How and when can it be done? How much time does it take? The answers to all these questions and not only will be necessarily discovered below. With proper preparation, almost every modern person will be able to cope with the task. The main thing is to remember the legal aspects and the basics of applying for a service. The procedure is accompanied by serious paperwork, but ultimately, citizens will receive a minimum of problems and hassle.
Definition
What is privatization?
This is the name of the process of re-registering state or municipal real estate (most often - housing) into private property. That is, the transfer of state property into the hands of citizens.
Until what privatization of housing in Russia is valid? It was previously said that in 2017-2018 this operation will be closed. But in real life, the news turned out to be unjustified.
The thing is that free housing privatization has been extended for an unlimited period. At the moment, they do not plan to prohibit such an operation. Therefore, almost every resident of the Russian Federation has the right to receive the corresponding service.
Paid or without money?
Does privatization of housing in Russia cost you anything? Or is it a free operation?
Under current law, a citizen can use the privatization of housing at no cost only once in a lifetime. After that, a similar "option" will be removed.
The exception is children. That is, if a citizen participates in the process under study until the age of 18, then after coming of age, free privatization will take place.
Who is eligible
Free housing privatization extended. Now it is available to every person who meets certain conditions. The deadline for the implementation of the process is not set. At any time, a person can exercise his right.
Who is the privatization participant? This requires certain rules to be followed. Namely:
- Be a citizen of the Russian Federation. Privatization is available only to local residents.
- To live in an apartment on the basis of a social contract of employment.
- To be registered on a permanent basis in privatized real estate.
Perhaps this is all. The law "On Privatization" is extremely simple and understandable. It describes the basics of translating ideas into reality. We will deal with these features further.
Where to go
What bodies provide municipal housing privatization services? Appropriate requests are required in certain places. Namely:
- at the MFC;
- to the housing administration;
- to the city administration.
Where exactly to go, everyone decides for himself. But it is worth paying attention to the fact that citizens most often go to housing administrations with applications for privatization. So it is possible to cope with the task much faster.
Terms of service
The terms for housing privatization in Russia are not set too long. The thing is that under a similar concept can mean different periods of time. For example, you can only consider the period of response to the relevant application. In this case, residents will have to wait no more than 1 month. So many requests of established forms with prepared packages of papers are considered.
If in general we think about the duration of privatization, it is worth noting that this is a very long process. Sometimes they spend several years on it. This is due to the fact that the operation is accompanied by serious paperwork.
Briefly about the process
How is free housing privatization carried out? To understand this issue, you need to pay attention to many features of the procedure. To begin, consider the procedure briefly.
The privatization guide for housing looks like this:
- Form a package of documents. We’ll review this step in more detail later.
- To coordinate privatization with all tenants of the apartment. It is better to start from this stage.
- Fill out an application for privatization.
- Submit a request to the registration authority.
- Wait for a response from the city administration.
- Conclude a privatization agreement.
That's all. It would seem that the corresponding task has no special features. But in real life, re-registering municipal ownership of oneself can be problematic. Especially if a lot of people are registered in the territory of the house or apartment.
Owner Consent
It is worth remembering that the privatization of official housing is prohibited according to the established rules. Conduct it legally will not work. Therefore, further we will focus on ordinary apartments and houses.
In order to conclude a privatization agreement, citizens must agree on a procedure with all tenants. The consent of all tenants for the operation is required. Otherwise, refuseniks will have to file a refusal with a notary.
What will happen after that? As soon as a privatization agreement is concluded, participants will be allocated shares in the property. Refuseniks will not be homeowners, but they will receive the right to live in the apartment. That is, it is problematic to evict them.
If one of the tenants does not agree with privatization and is silent at the same time, evading a written refusal, you can forget about the process under study. Under no circumstances will the contract of the established form be concluded.
Children and property renewal
Privatization of housing is not the easiest process. Especially if the participants are minor children.
Until the age of 14, each child permanently residing in the apartment must receive a share in the privatized housing. After 14 years, you can remove children from surgery. But it is proposed to do this only through the guardianship authorities. There are no other options for the development of events.
In this case, you have to:
- Prepare documents for custody.
- Request for removal from privatization.
- Get an answer from the guardianship authorities.
As soon as the residents have the appropriate document, you can move on. In general, preparing papers for the operation under study does not take much time and effort. In particular, thanks to the latest changes in Russia.
Documents for custody
A few words about what documentation may be useful to guardianship authorities when considering a request to remove a child from housing privatization. Applicants must attach to the application:
- parent's passport;
- passport and birth certificate of a child;
- certificates of residence of applicants;
- documents confirming the ownership of the child’s property.
If the PLO determines that removal from privatization does not infringe on the rights of minors, they will not refuse the service. The relevant organization will issue applicants permission in the prescribed form. And after that, the housing administration will conclude a contract without a minor. Ultimately, he will not be entitled to a share in the property.
Changes in laws
And what papers are useful for privatizing housing in general? This issue should be approached with special attention. Indeed, it is paperwork that causes a lot of trouble to the population.
Due to recent changes, housing privatization has been extended indefinitely. So far, they are not going to ban this service. In addition, since 2017, a law on the privatization of housing has been in force in Russia ("Real Estate Registration in Rosreestr"). Now, some documents on the property are abolished. They are replaced by one paper - USRN statement. You can no longer get:
- certificate of property rights;
- cadastral passports;
- technical passports.
Accordingly, such certificates will no longer be required when re-registering state property in private ownership. But you have to fill out a USRN statement.
Documents for the transaction
Now you can consider the package of papers for the process under study in more detail. The exact list of documents for privatization depends on the situation. We will focus on the most common option.
So, to privatize property, you will need:
- passports of all participants in the operation;
- birth certificates of children participating in the process;
- statement;
- extracts from the USRN;
- social housing contracts;
- extracts from the house book;
- certificates that all persons did not participate in privatization before;
- marriage and divorce certificates;
- refusals of tenants from privatization (certified by a notary public);
- permission of custody of non-participation in the process of minors.
Perhaps this will be enough. In addition, you will have to submit certificates of the absence of debts for utilities. After that, the housing administration, as a rule, will make a positive decision regarding the issue under study.
After applying
Suppose the request is submitted. What's next?
Now it remains only to wait. Within a month, applicants must be sent a response to the request. If the administration agrees to privatization, participants are invited to conclude an agreement. Otherwise, the service will be denied.
To register a contract, only the passports of all participants in the process, as well as their personal presence, will be required. By proxy, as a rule, this kind of operation is not implemented.
After the conclusion of the contract
What's next? The privatization agreement is signed. It's all?
Not. Under current rules, the privatization of housing or the transfer of property rights to property between citizens must be recorded and registered with the Federal Registration Service.
In fact, the owners simply make adjustments to the existing database of real estate information. You can’t do without an appropriate operation.
Registration of a privatization agreement in the State Register includes the following steps:
- Preparation of documentation.
- Filing an application for registration in Rosreestr.
- Receipt of receipt of acceptance of documents.
- Obtaining an extract from the USRN with new data.
Registration of the privatization agreement takes 10 days. Sometimes they can call in Rosreestr earlier, but this does not happen too often.
Help for the registry
And what papers are useful for registering a privatization agreement? There are not as many as it seems. There should not be any problems with the preparation of these.
The thing is that during the first visit to the Rosreestr, new property owners must bring:
- identity cards;
- privatization agreements;
- extracts from the USRN property.
On this, the list of everything necessary ends. Based on the relevant documents, registration of rights in the Rosreestr will be made.
Reasons to refuse
With the privatization of housing in the Russian Federation, we met. What else do you need to know about this operation?
Can privatization be denied by law? Yes, but for this we need good reason:
- lack of a full package of documents for the implementation of the task;
- applicants are not citizens of the Russian Federation;
- privatization participants do not have a permanent residence permit in the territory of the privatized housing;
- some of the applicants have already participated in free privatization;
- Documents attached to the application are invalid or are fake.
Privatization is not denied without reason. Citizens must explain the reason for the decision in a written response to the application. If you correct the errors, you can again contact the housing administration with a request for the privatization of housing. The refusal of the operation leaves the participants with the right to re-register state property into private ownership.
Conclusion
How long will the privatization program for housing operate in Russia? What year? So far, such a right is offered to all citizens of the Russian Federation indefinitely.
The advice, instructions and recommendations presented to you fully reflect the law "On Privatization". Therefore, now everyone can easily cope with the task.
If a person has already exercised his right to free re-registration of state property into private property, reusing this “bonus” will not work. It does not inherit or renew. Only minors can participate in privatization twice - before and after 18 years.
Any municipal apartment, which is not official property or property of the Armed Forces of the Russian Federation, can be re-registered for itself. The main thing is to responsibly treat the task.
After the parties conclude a privatization agreement, the property will be fully transferred to the residents. Usually they are entitled to equal shares in property. The state will lose all rights to the apartment / house. And the responsibility for the maintenance and taxation of housing lies with the tenants. After that, you can safely write out - property rights will not disappear.