The beginning of the process of privatization of houses, apartments (i.e., housing stock) in our country took place in 1991. It was then that a significant event occurred - the first law came out containing the rules of the legal process of property denationalization. Over the following years, significant changes took place in the conditions of privatization and the legislative framework, but the purpose and meaning of the procedure remained unchanged - the transfer of ownership of physical persons (citizens) of housing, which before that they occupied on the basis of social tenancy.
What law governs the procedure?
The Federal Law "On Privatization of the Housing Fund in the Russian Federation", issued on December 29, 2004, acts as the current legal act in charge of this issue at present. The initial time frame restricting the denationalization process has been repeatedly changed. Earlier, March 1, 2015 was the last date after which free privatization was impossible. In practice, it turned out that a huge number of Russians could not or did not have time to take ownership of housing. In connection with the latter circumstance, State Duma deputies postponed the term to March 1, 2017. But this did not become the limit. This term is constantly extended. Those who have not yet managed to draw up documents for the privatization of the house may not worry - there is still an opportunity.
What status does your property have?
As you know, private households differ in their status. Your house can be residential, country, belong to the number of households with land or houses without a plot. For each of these statuses, the process of privatizing a house into a property is distinguished by its own nuances. If one is required complete with a residence permit, it must have residential status, and the requirements for it are of a special nature.
The structure of the house must have living rooms and premises for domestic use. The structural elements that make up it must be intact and in no case pose a danger to residents. Available engineering systems must meet the required level of comfort. If the house is located in the countryside and at the same time does not have amenities, a restroom is necessarily arranged on the street.
Privatization conditions
The most important of the conditions under which the process of privatization of a private house can be started is that this housing is used by people for living. Of course, this is only a general provision. Buildings subject to privatization are subject to much more detailed characteristics.
A house is recognized as residential, which is suitable for year-round use. If the conditions are only for summer holidays, privatizing such housing is possible only as a summer residence. In this case, it should be understood that, having registered the house in the status of a summer residence, the owner loses the opportunity to register on this housing, as well as to receive benefits and other benefits prescribed by law.
Thus, thinking about the privatization of housing, start by deciding on the most important thing - its status. Then it will become clear what documents are needed to privatize the house.
What privatization does
To solve this problem of national importance - to nationalize the housing stock in the Russian Federation - means to give everyone a chance to acquire residential property with the ability to dispose of their land and available square meters at their own discretion. In addition, the most important plus of privatization is that housing can be inherited by descendants.
Own house at all times served as a symbol of family well-being and confidence in the future. That is why you should know the basic information about the procedure for such a procedure as privatization of a house.
When it comes to a private house, a certain number of features are available. Only a certain set of general grounds and basic conditions on which the registration of home ownership is made is strictly regulated by law. In fact, there are still a huge number of different legal nuances. That is why it makes sense to take the help of specialists - realtors and lawyers. Of course, their services will have to pay. But at the same time you will save time and be sure that everything is done within the law.
If you decide to conduct the process yourself, you should clearly understand the procedure for registering the transfer of housing into ownership - exactly where you will go, what documents to privatize the house and in what quantity must be collected and during what period of time this or that certificate is valid.
Having planned the privatization of a private house, plan to collect a package of documents relating to all who currently live in it. This process is quite lengthy. If we are talking about the privatization of a country house, the use of which is planned only in the summer, everything is much simpler. The procedure includes filling out an application with the provision of passports of all who are among the participants in the process. In the future, they will become the owners of the mentioned building.
A cadastral plan of the existing site will be required, and the BTI should apply for registration for the construction of a cadastral passport. In addition, you will need to pay a state fee and attach a receipt about this to the collected package of documents.
House in the village
If your house is located in the countryside, then the privatization of such housing is a rather troublesome task. The fact is that most often in this case, simultaneous privatization of the house and land is carried out. The latter, in turn, has a certain category, status and boundaries.
If you are planning to privatize only one house, without land, then the process is similar to the privatization of a house in the city. The procedure will be as follows: you collect all the necessary documents, write an application to the municipal authority, then you get either a decision allowing you to privatize or refuse it. The reason for the latter may be a mismatch of documents normative or the lack of the possibility of privatization of the object as such.
Starting the privatization of the house, what documents should be sent to the municipal authority? Their composition is fairly standard. The list consists of a cadastral passport with the required number of copies, a document giving the right to the said premises (in the form of a lease agreement, warrant, etc.), extracts from the house book, personal accounts, as well as a certificate of the fact of participation in the privatization for the first time . In addition, you need to stock up on the consent (necessarily written) of the other tenants with privatization. Alternatively, one of them may refuse to participate in the procedure with the transfer of this right to another. And, of course, you have to write a statement according to the existing model.
Making a house with land
If you plan to privatize the house along with the land on which it is located, additional documents will be required regarding this very land. Their composition depends on its category. What does this mean in practice? You have to add a few more to the entire package of the papers listed above.
In this case, we are talking about a document confirming your right to the said land plot, land management, land surveying act, cadastral plan and the project of restricting the land.
Shared privatization
If a part of a residential building is privatized, one cannot do without the consent of all who will be declared among the owners. Everyone is supposed to allocate their share with paperwork. Alone, privatization of a part of a residential building is not possible - this action is not permitted by law.
The only exception is the allocation of this part as an independent object with the receipt of official confirmation from BTI. In this case, these square meters are subject to privatization. An example of such a solution is the privatization of one or several rooms.
Many are interested in the question of whether privatization of a private house to be demolished is possible. According to the law, even in the case when the house is approved by the commission in this status (subject to demolition), the one who lives in it has the full right to privatize it. That is, the status of housing in this regard has no fundamental differences.
Cons and pros of privatization
The main advantages are considered to be greater opportunities for owners compared with tenants. You can donate, sell, rent or transfer your housing to heirs. The owner cannot be evicted from his house "nowhere." If demolition is necessary, the state is obliged to compensate for it the cost of housing or provide equivalent.
Secured by available housing, a loan is possible. In it you can register relatives, and not only them. Privatized housing is allowed to modernize and rebuild to your own taste.
What about the flaws? The main disadvantage is the need to pay annual real estate tax, as well as the ever-increasing costs of maintaining housing. After all, the owner has to answer for all communications. In the event of his death in the absence of a will for the right of inheritance, not only those who are registered in the house, but also any heirs can argue.
Who owns the privatization rights of the house?
This right is enjoyed by everyone who is registered in the house and occupies it according to the social security agreement, including minor children. A prerequisite for everyone is citizenship of the Russian Federation.
Moreover, temporarily absent also have the right to privatize housing - military personnel, students studying in other cities, convicted or serving long-term treatment.
House privatization procedure
For the proper privatization of the house should be familiar with the procedure. So, we pass to the short step-by-step instruction.
The actions undertaken by the privatization of the house are as follows:
1. Submit an application to the housing department.
2. Visit the BTI to obtain a cadastral passport and cadastral plan.
3. Issue a certificate fixing the primary participation in the privatization process.
4. Get an extract from the house book and personal account.
5. Take all the collected documents to the housing department and receive in response two copies of the resolution on the transfer of the house into ownership.
6. Submit an application to the Federal Register Service with the application of the mentioned package of documents.
7. After about 30 days, get a certificate of ownership there.
Consent of residents
It is possible to privatize a house only if everyone who lives in it agrees. The parents or guardianship councils endowed with the right to act on behalf of the minor act as advocates for the interests of children. Citizens who are already participating in privatization are not required to file a refusal. In this case, they will be asked only a document stating that they are participating in the privatization of foreign housing.
What documents will participants need? Of course, first of all, these are passports or other identification papers, then a certificate drawn up in the form of number 3 confirming the fact that this person had not previously participated in privatization.
Next - a set of documents from the BTI, including the data sheet. We have already mentioned the need to file an application with the housing department, in which the signatures of each of the tenants must be affixed.
Privatization Stages
Recall again the procedure for this procedure. It starts with the relevant decree, then the agreement on the privatization of real estate is subject to certification. After that - state registration. In addition, ownership of the said housing is registered.
The law does not regulate the time interval between receipt of the contract and the moment of its mandatory registration. But it is in the interests of the owner not to delay the process too much. The contract must be certified by a notary. All documents must be addressed to him within 12 months after the adoption of the conclusion on privatization.
If a claim is required
Sometimes it becomes necessary to invalidate a house privatization transaction. In this case, any of the owners has the right to appeal to the judicial authorities. The transaction may be either void or controversial. In the first case, it is not forbidden to pull with the filing of such a whole 10 years, starting from the date of privatization.
In the case of a disputed transaction, the period is only 12 months. The claim may be initiated by the administration or guardianship authorities.
Issue price
According to the law, this procedure (privatization) in our country does not require any payment, that is, it is carried out free of charge. At the same time, the collection of documents, as you know, is always accompanied by certain costs (state duty, ordering a technical passport in the BTI, etc.). If you resort to the help of intermediaries, the costs will increase significantly.
Even more costs will have to be borne in case of a trial. This is possible, for example, if necessary, to legitimize any extensions. Therefore, it is not possible to specifically answer the question about the cost of the privatization procedure - each time the amount will be its own.
On land privatization
It should be understood that the house itself and the land that adjoins it and is used by tenants belong to two different objects of privatization. If you want to take ownership of each of them, it is better to do this at the same time. The legislation does not prohibit doing this separately - it is simply more profitable for the owner.
If, having privatized the house, the owner refuses to register the land as property, he will not be able to present or sell this property.
Is privatization possible
Each of the future owners has the full right to refuse to participate in this procedure. According to the law, in such a case, its share is drawn up for other residents. In addition, there is the possibility of rejection in favor of a particular person. In any case, this action is notarized without fail.
In the event that one of the family members refuses in favor of the rest, he retains the right to use housing after his transfer to ownership on an unlimited basis.