Some citizens are provided with state or municipal housing, which can be issued in the property. After a while, the question may arise whether it is possible to privatize the apartment. This procedure is performed, you only need to know its main nuances.
The concept
Privatization of an apartment is a procedure for transferring property from a private person to government agencies. From the owner of the premises, a citizen becomes a tenant. There are 2 options for alienating an object:
- By the tribunal's decision;
- voluntary consent.
There is no term for privatization in the law, but the process of alienation is indicated in many documents. They should be relied upon in its implementation.
Why is a procedure necessary?
Repair is fully compensated by the owner of the living space. The privatization of the apartment involves getting rid of payments for the maintenance of the territory. Also, property tax is not required. A specific number of people can live in a public building, and if the family is large, a large area is provided.
In a privatized apartment, you must pay for all residents. There is a drawback - in the emergency condition of the house, only owners of the privatized premises can get housing in another house.
Conditions
To complete the procedure, several conditions must be met:
- submit an application, only those who privatized housing should do this;
- the premises cannot be registered as collateral;
- there should be no debts for utilities;
- only one place of residence can be privatized;
- the procedure is available in the absence of obligations of the room to other persons.
Previously, recognition of the owner of the housing was required. Only under these conditions can you apply for privatization.
The difference between privatization and deprivatization
These are two ways to terminate ownership of registered housing. On privatization, an agreement to obtain an apartment is recognized as invalid. This happens on the basis of a court decision. According to the Civil Code of the Russian Federation, such an opportunity is provided in case of violation of the rules of privatization, for example, when the interests of disabled people or children under 18 are infringed. Then the right to a single housing procedure will be unrealized.
Another way to transfer the apartment to the state is deprivatization. It involves the voluntary transfer of housing by the owner. A citizen may donate the property to the municipality by drawing up a social contract of employment. After the deprivatization, the right to privatize will be unrealized.
How is the procedure performed?
The question of whether it is possible to privatize the apartment should be answered positively. It is necessary to use some nuances of the procedure. How to privatize an apartment? For this, 2 methods are used. The first is to go to court. The plaintiff needs to prepare arguments as to why privatization is required. This process will be lengthy and complex.
Sometimes there are failures. With the help of the court, it is possible to invalidate the registration of private property. Termination of the privatization agreement and invalidating it are two different things. The reasons for the decisions and the consequences may be different.
Another variant
How to privatize an apartment in another way? There is a law under which the owner has the right to conclude an agreement with the state. This document indicates the fact of providing housing in state ownership. This is approved by Article 9.1 of the Housing Code of the Russian Federation.
Local government has the right to refuse a citizen. Then a social contract of employment is concluded. If you are interested in whether it is possible to privatize the apartment, you should make sure that a decision is made. Re-register housing in the property will not work.
What objects are suitable for the procedure?
Is it possible to privatize an apartment if it was inherited? The procedure may be carried out if privatization has been previously performed. This cannot be done with objects that:
- were inherited;
- Purchased
- donated.
The room should be the only place to live. If people are registered in another apartment, the request may be rejected. Is it possible to privatize a purchased apartment if it is burdened? The procedure cannot be performed if other persons besides the owner are registered in the apartment. The room should not be a guarantee. It will not work if the house is intended for demolition. We must carefully prepare for this. Such housing cannot be sold or donated, used as collateral.
Where to go?
How to privatize a share in an apartment or the entire area? You should first contact the housing department of the administration. All applicants must be at the time of application. If the premises are not burdened, and state officials have refused, then you must go to court. The following documents must be prepared:
- passports of owners;
- housing papers;
- certificate of ownership;
- explication and floor plan;
- help from the address registry;
- statement;
- personal account;
- extract from the house book;
- certificate of tax payment.
Originals can be replaced with duplicates, but not copies. How to privatize an apartment with a minor? The procedure is carried out in the same way, only you should get an agreement on the alienation of housing from the guardianship authorities. The collected documents should be contacted by the City Property Department. The application will be considered on the day of its submission.
This procedure should be the owners of 14 years. If someone cannot attend, a proxy is invited instead. The contract is executed no later than 2 months later. It must be signed by all owners over 14 years of age or proxies. The document is submitted to the Federal Registration Service for registration. This is the end of the procedure.
The nuances of transferring an apartment
All legal procedures have many subtleties that should be considered. How to privatize a room in a communal apartment? The legislation provides for shared ownership of housing. Then you need to get permission from the owner of each part, otherwise there will be a refusal of the application.
The rest of the procedure does not differ from the standard. Is it possible to privatize an apartment without the consent of the owner? Such a procedure is considered invalid. If this happened, then the transaction will be declared invalid, and housing will be transferred to the owner on the same basis.
In what cases can an apartment be privatized? This is done in all situations except:
- encumbered housing;
- transferred premises by inheritance or as a gift;
- with unauthorized redevelopment;
- sold apartment;
- departmental housing.
Advantages and disadvantages
Deprivatization is carried out due to the inability to pay property taxes. Now its basis is the cadastral value of the property. Therefore, the tax has become much higher. Previously, it was deducted from the inventory value and amounted to a small amount.
Since 2015, many began to return housing to state ownership. For many, the reason was the expensive maintenance of housing, the implementation of major repairs. Many use returns to receive housing for social programs. In an emergency, for example, fire, flooding, the state will pay for the damage.
There are disadvantages to this procedure. When tenants are not owners, they have no opportunity to sell, donate, bequeath property. In case of deprivatization, it will not be possible to re-register the premises in their possession. State property cannot be left as collateral, for example, to obtain a loan. Renting a social apartment is more difficult.
Share Privatization
To complete this procedure, you must obtain permission from other owners. Without this, it is impossible to squeeze housing into municipal property. And no one can oblige to give consent.
Therefore, even if one owner is against it, deprivatization cannot be carried out. If there are permits, the procedure is carried out according to the standard rules prescribed by law.
Privatization with a minor
Many people face this situation. It should be determined whether the child is considered the owner, or if he is only registered in the housing. If you have registration, you must contact the guardianship authorities, providing a list of documents. There you need to submit an application, and then get an opinion. All documentation must be provided to carry out the standard procedure.
If the child is the owner, then this process will be difficult, since the guardianship authorities protect the rights of children. Therefore, obtaining permission will not be so simple. In this case, you need to consult a lawyer who will help solve the problem. For a positive decision, additional documents will be required confirming the benefits of the procedure for a minor child.
Cost
How much does this procedure cost? It is necessary to pay the state fee. In addition, funds are needed for the work of a notary public, documentation. Reception of the amount of state duty is regularly changing. Its size for individuals is smaller compared to legal entities. You can find out the exact amount in the administration.
Voluntary Termination
The consequences of a voluntary procedure are different from that of a court. After confirming that privatization has been completed, a tenancy agreement is concluded with the residents. Otherwise, no changes occur.
The disadvantage of this procedure is the impossibility of re-privatization, as a citizen used his right, after which he refused it. Even if one of the owners does not give permission for this, then it will not be possible to execute it administratively. You can go to court, but in practice the chances of a positive result are slim.
What is the advantage of privatization to the authorities?
Using this procedure, city authorities can return municipal property previously granted to the property. Privatization transfers housing into urban property free of charge. When the tenant dies or moves to another place, the housing is transferred to the others in turn.
The procedure returns housing to housing. But it will not work out after the transfer to the inheritance or purchase. After privatization, you need to live in an apartment under social hiring conditions. Local authorities can initiate it if housing is used for other purposes.
After this procedure, the owner has a lot of costs. The apartment must be insured, but this service is paid. But without it, it will be even more difficult to restore housing after any factors. For major repairs and taxes, you also need to pay large amounts. Thanks to privatization, many issues are being addressed. Therefore, before performing this procedure, you need to carefully weigh the pros and cons so that you do not regret it in the future.