Ownership of the apartment

Throughout the existence of human society, housing was one of the basic needs of people. Particularly acute was the question of satisfying this good during the existence of the USSR, when the bulk of the apartments belonged to the state or were owned by public associations. Residential premises at that time were transferred in order of priority. At the same time, a contract of employment was drawn up. The right to queue was reserved only to those in need, who received this status in the presence of such a right. The need criterion was very limited.

With the beginning of the establishment of market relations, citizens of the country got the opportunity to independently solve the housing problem. This became possible after the adoption of the Law on Property. It was he who contributed to the emergence of the housing market in the country.

Currently, the ownership of the apartment is legislatively enshrined in a number of regulatory legal acts. First of all, such documents include the Civil Code of the Russian Federation.

According to this legislative act, the ownership of an apartment and the disposal of a dwelling according to its purpose is carried out by the owner. This citizen has the ability to perform any action with his property. The main conditions that the owner must comply with are the following: lawfulness, as well as the protection of the interests of others. Observing these requirements, a citizen can alienate an apartment in favor of other persons, offer residential premises as collateral, as well as perform other procedures. However, he remains the owner and has the ability to use, own and dispose of property.

The ownership of an apartment has its limitations enshrined in legislative acts. Its implementation should not lead to a violation of the interests of other persons. This limitation includes the likelihood of using a living space. Apartments can be rented by the owners on the basis of concluded agreements to other persons. At the same time, it is strictly forbidden to place any production in these premises. Apartments are intended exclusively for living in them citizens.

Inadmissible action is also the placement in the premises of offices, trade organizations and facilities intended for the production of any product. In the event that entrepreneurial activity is carried out by a citizen who has the right to own an apartment, his actions may be recognized as legal provided that the interests of other persons are preserved. Another limitation in the operation of a residential building is the obligation to comply with the requirements of sanitary-hygienic and construction standards, as well as fire safety rules.

For any operations on the real estate market, you must have a certificate of ownership of the apartment. It is the main document for transactions of sale, gift, exchange and mortgage.

Registration of real estate in property is carried out after providing a package of documents to a state body that is authorized to issue certificates of legal rights of citizens to land, houses and apartments.

To take possession of the land, you must have a cadastral passport, as well as an extract from it. These documents are executed by special services. A citizen is obliged to call the employees of a land management organization who will carry out a set of technical works on his site. After this, a package of documents is drawn up, which is subject to registration with Rosnedvizhimost. At the same time a cadastral passport is issued with an extract from it. Based on these papers, a certificate of ownership of the land is issued.

It is also possible to register a house with a cadastral passport for the building. It is issued by BTI services. On the basis of the cadastral passport, a certificate of ownership of the apartment is also issued.

Source: https://habr.com/ru/post/E19399/


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