Privatization is a form of transformation of ownership by transfer to private hands. The purpose of the process is to attract a more effective way of managing property. Depending on the type of facility, the privatization of apartments, land and property enterprises is distinguished. This question may be of interest, for example, to relatives of a deceased person who want to sell a house. Read more about where and how to find out if the apartment is privatized or not, read in this article.
Data access
Today in Russia, most of the housing is privately owned. After the Federal Law āOn Privatizationā has entered into force, citizens of the Russian Federation can obtain for free the right to own the housing premises that they use. But some of the apartments are still state or municipal. Therefore, the free privatization of the apartment has been extended until 2018.
The parliamentarian made such a decision, since most of the citizens who occupy housing in emergency or dilapidated premises may lose the right to change the form of ownership. And people who are registered as needing square meters may not have time to use this same right.
Privatization of an apartment legally allows citizens to make sale and purchase transactions, inheritance transfers, etc. Participants in the process can obtain reliable information on the property.
How to find out if an apartment is privatized or not
The easiest and most convenient way is to request information from Rosreestr. The same option is suitable if housing was privatized before January 31, 1998, but then it was the object of a sale, gift, or exchange transaction. All this information is displayed in the Unified State Register of Real Estate Rights (USRR). This is the largest database created in 1998 with the aim of exercising state control over the implementation of real estate transactions. In addition, it contains information on the presence of arrests or encumbrances. Any citizen of Russia can receive information on the facility by providing:
- identification;
- request for data request;
- duty receipt.
For legal entities, this list is expanded:
- certificate of state registration of the institution;
- statutory documents;
- extract from state registration;
- TIN assignment document;
- power of attorney and passport of the representative of the organization.
Here's where to get the privatization certificate. The document is valid for 30 days. Information is 100% correct only on the first day of receipt of paper. Therefore, it is worthwhile to provide the document to interested parties as soon as possible. If there is no data in the Unified State Register, it means that the process of changing the form of ownership did not occur at all or was completed earlier than 1998 and no transactions were concluded on the property.
How to get data through the privatization department
Contact the Registration Chamber and fill out the application form. An application form is issued by an employee. A copy of the passport is attached to the document, and for legal entities, an additional certificate of state registration of the company, statutory documents, memorandum of association, a notarized power of attorney will be required. The state duty can be paid directly at the Registration Chamber through the cash desk. Next, the employee will issue a āReceipt on the acceptance of information for processingā, which will indicate the period for receipt of the statement. Usually it is three days. On the appointed day, you must come to Rosreestr with a passport, a receipt and pick up the original extract with a live signature of the registrar. The certificate of privatization of the apartment contains the following data:
- cadastral number of the object;
- name;
- appointment;
- exact area;
- address;
- Name of copyright holders, share of each of them;
- existing restrictions;
- presence of an equity agreement;
- data on current judicial requirements.
Information is provided on a fee basis. The amount depends on who exactly requests the data. Individuals need to pay 200 rubles, legal entities - 600.
Alternative way
Where else to find out if the apartment has been privatized? The key point in solving this issue is the estimated time of change of ownership. The law was adopted in 1991. Over the next 7 years, the Bureau of Technical Inventory (BTI) dealt with this issue . Each privatization department establishes its own procedure for providing data and issuing certificates. Therefore, if there is no information in the EGRP database, then you should contact this service.
Limitations
BTI does not provide data to all interested parties, but only:
- homeowners, their agents, who can confirm their status;
- heirs who are entitled to receive an apartment by law or by will;
- law enforcement and judicial authorities as part of ongoing business cases;
- bodies of state power and local self-government in accordance with territorial affiliation;
- statistics
- tax authorities;
- justice institutions that are engaged in state registration of rights to objects;
- other persons who have permissions.
Free option
How to find out if an apartment is privatized or not? In the receipt for payment of utility bills there is a line āHiringā. If the apartment is a private property, then dashes are in this field. If the property belongs to the state, the line shows the amount of debt under the social contract of employment. Privatization of the apartment takes two months. Therefore, the exact information can be found only on the latest receipts.
Through the Internet
It is not necessary to contact the privatization department of NEAD to make a request. The application can be submitted through the website of Rosreestr. To do this, select the section āState servicesā - āRegistration of rights to real estateā on the main page of the service.
In the window that opens, you need to fill out the form by points:
1. Type of extract - āOn registered rights to real estate with publicly available informationā.
2. Fill in the data on the object.
3. Choose the option of providing data: in paper form by mail, through the territorial privatization departments of Moscow or any other city, in electronic form (e-mail). Enter the address of receipt of the statement.
4. Go to customer information. Here you must specify the type of applicant, name, passport data, agree to the rules for processing personal data and confirm the request.
5. The next step is to attach scans of documents. To do this, first select their type (for example, passport, power of attorney), and then click on the āAddā and āGo to Data Validationā buttons.
6. If the form is filled out correctly, then you need to send information for processing. The registered application number will be displayed immediately on the page. It must be filled. In the future, you can find out the status of request processing through the site.
7. A letter with a payment code will be sent to the indicated electronic box.
You can also pay for the order through the site. To do this, there is a link āEnter codeā in the letter. By clicking on it, you will open a window with different payment methods: from bank cards to payment systems. Select the one you need and make a payment. Money should be transferred within 10 business days. After that, a privatization certificate will be sent.
Where else can I get a document? In third-party companies. If you do not want to visit the privatization department of NEAD, you can obtain information through an online order in special institutions. Intermediaries charge a large commission for their services and process information for a long time. But this option can be suitable for busy people and those who do not have time to go to the authorities.
How to arrange privatization of an apartment
The process consists of five stages. For each, you need to prepare a number of documents and submit them to the BTI or MFC (Multifunctional Center). At the first stage you will need:
- Order or social contract. hiring a property. These documents can be ordered at the EIRC (Unified Information and Settlement Center).
- The registration certificate, in which the apartment plan is indicated, can be obtained at the BTI.
- Cadastral passport, which contains data on the area, volume, layout, floor, etc.
- An extract from the house book about registered persons in the apartment can be obtained at the passport office by providing social contracts. hiring. Validity of the certificate is 14 days.
- Extract from the Unified State Register on the property. It is issued by the IPF after paying a state duty in the amount of 220 rubles. Depending on the purpose for which the data is requested, the document will have to wait from 7 to 30 days.
- Extract from the Unified State Register in the form of No. 3. It indicates the presence of participants in the process of any other real estate.
- The personal account for the apartment can be obtained from the passport office bookkeeping. If the certificate shows the debt for utility bills, then documents for further registration will not be accepted.
- If an outsider will be engaged in privatization, then a notarized power of attorney must be issued for him.
- Refusal to participate in privatization is granted if one of the registered persons does not participate in this process.
- Personal documents of the applicant:
- passport;
- death certificate of previously resident persons;
- certificate of marriage, birth of children.
If in the passport the address of the privatized apartment is indicated with errors or differs from what is fixed in the contract, then it is necessary to take a certificate on the verification of the place of residence in the passport office.
Additionally, such documents may be required:
- Confirming custody of a minor child.
- For foreigners - a certificate from the OVIR.
- If underage children specified in the social contract were discharged from the apartment hiring, they still participate in privatization. Therefore, you need to prepare:
- Permission of guardianship authorities to participate in privatization.
- Extracts from the house book from the new and old places of registration.
Second phase
Next, you need to get a technical and cadastral passport. It is issued in the BTI on the basis of a warrant, applicant's documents, extracts from the house book.
Third stage
It is necessary to draw up an extract from Rosreestr and provide it to the Department of Property Management. It is issued on the basis of a warrant, cadastral and technical passports, personal documents of all adults, extracts from the house book.
Fourth stage
The penultimate step is to draw up a privatization agreement and submit it to BTI. For this purpose, it is necessary to prepare, in addition to the above-described passports for the apartment and all applicants, statements on the number of registered and personal accounts:
- certificates of non-participation in privatization ;
- extract from Rosreestr;
- extract from the Unified State Register separately for each entity;
- additional documents for the child - instructions on the appointment of a guardian;
- notarized power of attorney from each participant in the process to the person who is engaged in privatization.
The minimum term for completing the contract is 2 months. Paper is issued to each participant in privatization. The state duty for the execution of the document is 4800 rubles.
Fifth stage
The last step is to submit documents to the Registration Chamber for registration of a certificate of ownership. All participants who apply with a similar application must pay a state duty of 1000 rubles and wait 14 days. Registration is carried out if:
- cadastral and technical passports;
- extracts from Rosreestr;
- a notarized refusal to privatize all non-participating persons;
- applicants passports, birth certificates of the child;
- extracts from the house book for each participant;
- warrants;
- privatization agreement of each participant in the process.
Upon completion of the procedure, an extract is issued on the existence of ownership rights to the apartment.
Conclusion
The process of changing ownership of a property takes a lot of time. But without it, it is legal to make purchase and sale transactions, inheritance is impossible. Therefore, it is worth asking in advance the question of who owns the property. How to find out if an apartment is privatized or not? Submit a request to Rosreestr. This can be done both in the privatization department and via the Internet. The deadline for extracting from the USRD is three days. Help is valid for 30 days. Information on a fee basis is available to all interested persons. If the deal on changing the form of ownership was completed before 1998, then these data can be requested from BTI. But this can only be done by the owners of the apartment, their heirs or state bodies with a certain permission.