In Russia, an important role for the population is played by a process called privatization. This procedure helps to obtain ownership of housing rented from the state. They prepare for it in advance so as not to encounter a number of problems. Only sometimes the need for privatization arises sharply. In such situations, you have to think about a lot of questions. For example, is it possible to privatize an apartment with debts. Say for utility bills. This is a very common occurrence. What can be said on this issue? How legal will the housing design be? And can the privatization procedure be denied?
Privatization is ...
To begin with, it is important to understand what kind of process we are talking about. Privatization is a way of registering municipal housing as a private property. Everyone who is registered in an apartment rented under a social contract of employment may exercise the right to receive such property. But for free you can do this only once.
Accordingly, after privatization, a citizen receives property in the form of housing in private ownership. But is it possible to privatize an apartment with debts? How feasible is this task?
The laws
In order to accurately answer the questions raised, it is necessary to refer to the legislation of the country. There is a separate law for each important procedure in Russia. And privatization is far from an exception.
Is it possible to privatize an apartment with debts for utility bills? The law "On the privatization of the housing stock" does not have any normative acts in this regard. This means that at the legislative level there are no obstacles to the process.
All that is important to remember is that a citizen has the right to privatize an apartment for free only once. Further, the process will be paid. The free right to register property as a property is retained when a person participated in the privatization and received a share of the property under 18 years of age. In such circumstances, you can take advantage of free privatization after coming of age one more time.
Debts and Opportunities
So is it possible to privatize an apartment with communal debts? Based on the foregoing, there are no restrictions or prohibitions on this subject. This means that the city administration has no right to refuse the process.
Accordingly, at any time the persons registered in the apartment are able to do paperwork. Public utility debts in Russia should not, by law, impede the privatization of housing.
Real picture
Nevertheless, in practice, everything turns out differently. That is why many citizens are thinking about whether it is possible to privatize an apartment with communal debts. After all, as has already been said, there are no legislative prohibitions and restrictions in Russia on the assigned task.
In practice, it turns out that communal debt is a huge obstacle to privatization. The thing is that the list of binding documents includes certificates on forms 7 and 9. They are issued in the Criminal Code, Housing Office and passport offices. The presence of arrears in rents and other payments often leads to the fact that a citizen is simply refused to issue such documentation until the debt is paid off.
Such actions can be considered illegal. After all, the legislation, as was said, does not prohibit debtors from privatizing housing. However, the situation is considered ambiguous. Therefore, it is important to understand how to exercise your legal rights in the presence of debts.
On privatization step by step
In fact, there is nothing difficult. Especially if you know the step-by-step instructions for privatizing real estate. The presence of debt can complicate the process, but in general, the algorithm of actions remains the same.
To convert municipal housing into private, you must:
- Decide who will privatize housing. Not always registered in the apartment agree to the process. From refuseniks it is necessary to receive a written refusal.
- Contact BTI for relevant information.
- Go to the authority to which the property belongs. Missing documents must be issued there.
- Collect a complete list of securities for privatization and apply to a particular authority for privatization. Usually it is a city administration.
- Pay the state fee for the procedure.
- Wait for a response from the city administration. If the decision is positive, you can contact the Federal Registration Service for registration of certificates of ownership.
If necessary, you can issue a power of attorney for one person who will be involved in the entire privatization process. Often, citizens turn to specialized agencies that help with paperwork. There is nothing difficult or special about this.
List of documents
Is it possible to privatize an apartment with debts for utility bills? Yes, this has already been said. In practice, this is not so simple, but in reality the presence of debts does not deprive citizens of their rights to convert real estate into private property.
As was emphasized, some problems may arise when collecting documents. What paper package is useful? For privatization, citizens must submit the following documents:
- passports of persons registered in the apartment;
- refusals / consent of tenants to privatization;
- power of attorney (if any);
- technical passport of real estate;
- cadastral passport;
- certificate that previously persons did not participate in privatization;
- social rental contract for the apartment;
- real estate order;
- extract from the BTI;
- certificate of personal account of the apartment;
- marriage / divorce / birth certificates of children (if any);
- extract from the house book.
Actually not such a big list. Most documents can be obtained either at the BTI, at the passport office, or at the Federal Registration Service. It is advisable to submit both the originals thereof and their copies.
Denial of privatization
In practice, as already mentioned, often tenants are faced with the fact that debts on utility bills lead to refusals to implement the process. What to do under such circumstances?
It is after this that many are wondering whether it is possible to privatize an apartment with debts. Due to the legislative lack of prohibition, some overlays arise.
It has already been said - privatization of debts takes place. If citizens were denied it, it is proposed to act in several ways:
- The first situation is a small debt. Under such circumstances, it is usually easier to say goodbye to debt. Once all bills have been paid, privatization can continue.
- The second scenario is a big debt. For example, with which you can pay by selling the only housing. And for this, it is usually necessary to privatize it. In this case, no one has to require a certificate of absence of debts for utilities. And to take away the right to privatization also does not work. It turns out a kind of vicious circle of problems that can only be resolved in court.
It follows that the refusal of privatization due to the availability of unpaid utility bills is a matter of jurisdiction. Every citizen is able to appeal the decision in the prescribed manner.
About going to court
From now on, it is clear whether it is possible to privatize an apartment with big debts. According to the law in Russia, such a right takes place. If a citizen was denied its implementation, you can go to court. Which one?
Magistrates' Courts deal with privatization issues. It takes about 14 days to review the case. To appeal to the court, a written refusal of privatization will be required.
Nevertheless, the debt will still have to be paid off sooner or later. After all, with her, the city administration has the full right to file a counterclaim to recover the full amount of the debt.
About sale
Is it possible to sell a privatized apartment with debt? This question is also of interest to the population. In particular, sellers.
Based on the established legislation of the Russian Federation, such a right exists. With non-privatized housing transactions are prohibited. But with private property, a citizen can do what he wants.
Debt is not a sale restriction. But in practice, buyers demand that they pay off the debt before entering into a transaction. You can agree on repayment after signing the contract. Otherwise, new owners will have to pay debts. And nobody needs this.
conclusions
Is it possible to privatize an apartment with debts? Yes, it can be done, but with certain difficulties. In Russia, in practice, such cases are not too common.
You can operate on problems with the Federal Law "On Privatization". It does not contain any acts and instructions regarding the fact that debt is a good reason for terminating the right to privatization. And what is not forbidden is considered a priori permitted.