Residential privatization agreement: what is it, photo of what a sample document of transfer of an apartment into ownership of citizens looks like YurExpert Online

Category updated: September 21, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

Privatization is when municipal/state real estate is transferred free of charge into the ownership of citizens who live in it under a social tenancy agreement or warrant. The main law is the Law of the Russian Federation of July 4, 1991 N 1541-1.

Free privatization has become unlimited. The term limit was abolished by Federal Law No. 14-FZ of February 22, 2017.

I will briefly describe the main points with links to detailed explanations. You cannot privatize an apartment: 1) if one of those registered is against it; 2) if there is an illegal redevelopment; 3) in joint ownership, but only in shared ownership. You can privatize: 1) with debts on utility bills; 2) if there is other real estate owned; 3) only for a minor child; 4) a deprivatized apartment; 5) by proxy. 6) immediately after receiving social employment.

How to conclude?

Although this document is concluded with the state, the citizen must know all the rules for its execution. Every capable person is solely responsible for his actions and decisions; no one exempts him from responsibility for wrongful actions due to ignorance of the law. In addition, mistakes cannot be ruled out in the work of government bodies.

Requirements for form and content

A contract for the privatization of residential premises can be drawn up in simple written form, but, as a rule, special forms are used for this according to the established template.

The content can be divided into blocks: descriptive, subject parts, rights and obligations, conclusion.

Descriptive part:

Number and date of the contract;
Place – subject of the Russian Federation (republic, territory, region or district), populated area.
Information about the first participant. Name of the local municipality bodies, full name of the head, details of the document on the basis of which the head represents the interests of the authorities.
Full name of the citizen, his full passport details, place of residence and registration, details of the document that serves as justification for living in the apartment.

The subject will be a description of the object of the contract, that is, the apartment, indicating its area, floor, position of the rooms, and address.

Rights and obligations:

the municipality is obliged to transfer ownership of housing free of charge;
a citizen must carry out major repairs and pay an annual tax;
a citizen has the right to register any person in his home, sell, donate, bequeath and rent out this apartment.

Conclusion:

The fate of the premises in the event of the death of the owner and other general information are indicated.
At the end, the date of conclusion of the contract is indicated again.
The parties certify the document with their signatures.
The administration confirms its signature with an official seal.

Important! Before signing, make a second copy of the document.
Then both sign and seal it. One copy remains with the administration, the other belongs to the new owner.

Law

The privatization law, in force throughout our country since 1991, is undoubtedly a reliable guarantor of providing almost every Russian with their own housing, however, according to its 2012 edition, many persons entitled to take advantage of this prerogative were in limbo.

The result of this was that a large number of Russians, in order to obtain the square meters allocated to them by the state, had to go through numerous legal battles. The presence of such an obstacle was the main reason that many apartments remained in state ownership.

Examples of such difficult moments include:

It is mandatory to obtain permission for denationalization from all persons who have ever had even the slightest connection to this residential premises. Thus, the law established the mandatory obtaining of permission even from “former relatives,” who are previously divorced spouses.
Obtaining permission for denationalization was initially required even in cases where citizens living on these square meters had previously managed to exercise their right to denationalize their living space.

New amendments to the denationalization law in 2012 removed these obstacles, clearly emphasizing that:

Each person has the right to privatize housing only once in his life.
Former spouses are strangers to each other, therefore permission to register privatization from ex-members of the same family is no longer required.

Despite the introduction of such changes, which largely simplified the procedure for denationalization of residential premises in 2015, the number of Russians who did not have time to privatize their housing remained huge, which was the reason why legislators extended the period for free privatization.

And today, the prerogative to purchase an apartment free of charge from the state can be used until 2021 inclusive, therefore, persons who have not had time to exercise their legal rights should hurry up, since the further fate of this bill is unknown, and therefore such a course of events as the final completion of privatization cannot be ruled out in Russia.

Photo

Next, you can see a photo of what a sample agreement for the privatization of an apartment looks like:

What do you need to consider?

If, along with the applicant, other citizens, members of his family, also participate in privatization, then in the agreement on the transfer of ownership of citizens, their data must be indicated, and the share of ownership in this premises is also determined. Spouses do not have to separate shares; they own the privatized apartment jointly.

Essential conditions

In order to carry out privatization and participate in it it is necessary:

have a permanent residence permit in this apartment, or a reservation of living space;
have no experience of privatization before, such pleasure is available only once;
make sure that there is no ban on the privatization of this premises;
voluntary consent of the citizen, as well as members of his family, who will be indicated in the contract.

For what period is it issued?

Privatization is not a temporary contract, but a transfer for permanent use on the basis of property rights. A citizen who has received such a document for an apartment becomes its full owner for life and can even transfer this right by inheritance.

Do I need to be certified and registered?

This document does not need to be notarized, but it will have to be registered with the Russian Register. Otherwise, it will subsequently be impossible to carry out other transactions with this apartment, for example, to sell it.

To register with Rossreestr or the MFC, they submit the necessary documents, including the specified agreement and its copy, and pay the established state fee. Within 60 days, Rossreestr issues another document - the right to property. The privatization agreement also remains with the owner.

Sample contract for the privatization of residential premises, apartments 2021

In order to know what a privatization agreement looks like, you can download it from the link below. However, in each region, and even in areas of the same municipality, it can vary significantly. But this is in no way a basis for declaring it invalid if it was drawn up legally.

The document is drawn up in several copies - for each of the parties to the transaction. All copies have equal legal force.

Termination procedure

If for some reason the new owners decide that they do not want to be them, they can carry out the reverse process and terminate the contract. This process is called deprivatization. The basis for this procedure may be violations committed in the execution of the contract. There are 2 ways to implement it:

Application to the municipality with a request to terminate the existing agreement.
A lawsuit is filed in case of refusal by the authorities.

It will not be possible to return everything back if the following facts exist:

at least one of the owners does not support this initiative;
housing is pledged under a loan agreement;
a minor citizen took part in privatization;
the applicant owns other housing;
after the conclusion of the contract, other residents were registered.

Attention! If a person terminates such an agreement, he will never be able to obtain free ownership of either this or any other public housing.

Housing that cannot be privatized

Taken from Art. 4 of the Law of the Russian Federation of July 4, 1991 N 1541-1:

In houses that are recognized as unsafe;
In houses located in closed military camps;
Service housing. But not everything is so categorical here. The owner of such housing is a certain organization, enterprise or government agency. Their employees live in this housing under a contract of employment. And there are some cases in which such an apartment can be privatized: 1) If the owner himself agrees to this. An employee of the organization must contact his superiors with a statement asking to transfer the office apartment into his ownership. In most cases, the owner refuses to transfer the apartment to the employee, because this is his right, not his obligation. 2) It happens that an organization or institution is liquidated or reorganized. As a result, the organization itself gives the service housing to the municipality. In this case, the apartment loses its official status and becomes municipal.
Dorm rooms. The same thing as with official housing. Only after the transfer of the hostel to the municipality, the rooms in it can be privatized - Art. 7 Federal Law of December 29, 2004 N 189-FZ.
Housing that was not obtained under a social tenancy agreement. For example, it is not possible for commercial hiring and the like.

If you have questions, you can consult for free. To do this, you can use the form below, the online consultant window and telephone numbers (24 hours a day, seven days a week): 8 Moscow and region; 8 St. Petersburg and region; all regions of the Russian Federation.

Peculiarities

Each case has its own nuances:

A document can be declared invalid due to any violations only within a year after its conclusion.
Inheritance of a part in an apartment after the death of one owner will be in accordance with the legal order, and not on the basis of residence in it.
If there is an error in the written text - date of birth, personal data, then you must contact the authority that issued the document for correction. The corrected version must be submitted to Rossreestr for review.
If the sole owner dies and there are no heirs, then the apartment returns to the ownership of the municipality.
It is impossible to evict a homeowner, even if he is a persistent defaulter of utility bills.
Payment for utilities will be slightly higher for owners than for tenants.
Family members who refuse privatization, after signing the agreement, will no longer be able to change their decision and take ownership.

Alteration

Changes can be made to the privatization agreement: by agreement of the parties or by court decision. The latter is necessary when one of the parties does not agree to make adjustments.

Changes to the document are possible based on the following:

It is required to add one more participant to the contract.
One of the participants refused to take part in privatization and should be excluded.
There was an error in the document itself.
It is necessary to change the personal data of one of the parties.

Changes to the document are made on the basis of drawing up an additional agreement and come into force only after they are registered with Rosreestr.

What to do if it is lost and how to restore it?

Due to a move, fire, theft or other troubles, the owner may lose his copy of the document. In this case, he can restore it.

There is a difference in the time of receipt; if privatization was carried out before 1997, then you need to contact the organization that issued it. If the document is dated at a later time, then you need to contact Rossreestr.

In any case, upon application within the time limits established by these authorities, the owner will be issued a duplicate of the document.

Attention! The privatization certificate received before 1997 must be registered with the Russian Register.

If you are interested in what other documents are needed for the privatization of housing, we suggest reading about the warrant, application and power of attorney.

Watch the video about what to do if the privatization agreement is lost:

What documents need to be collected?

The basic package of documents is as follows:

Passports, birth certificates of persons living at the address.
Technical documentation for the apartment.
Original contract for social rental housing.
Certificate of absence of debt on utility bills.
Receipt for payment of state duty.
Application for privatization.

If we are talking about the privatization of a private house, then you will additionally need:

Certificate of compliance from the Ministry of Emergency Situations.
Certificate of compliance with SES.
Certificate of approval from the BTI.

It is better to first check directly with the local administration for the list of required documents.

As for the state duty, according to Article 333 of the Tax Code of the Russian Federation, you will need to pay 2000 rubles.

Grounds for invalidation

In some situations , the agreement under which the apartment was privatized may be challenged in court and declared invalid. This is possible in the following cases:

Minors were not included in the privatization. The law does not provide for the possibility of refusing privatization even with the consent of the guardianship authorities.
The agreement was signed by a person who did not have full legal capacity due to health or age.
The citizen who entered into the contract acted under duress or was misled.
On the part of the administration, the document was signed by an employee who did not have the authority to do so.

There may also be other grounds provided for by the rules of the Civil Code of the Russian Federation regarding the invalidity of transactions.

A specialist talks about invalidating a privatization agreement:

Is it possible to challenge privatization?

Possible problems and their solutions

What to do if there is an error in the text?

There are no ideal people who don't make mistakes. Local government employees preparing contracts are no exception. What can you do if there is an error in the text of the contract?

You can correct the situation as follows:

If the registration of the right has not yet been completed, you can destroy the old copies of the agreement and sign new ones, without errors.
You can conclude an additional agreement, indicating in it exactly what correction is being made to the text of the agreement.
Finally, if the error is significant and prevents you from registering the right, you can go to court. In this case, an application to establish the fact is submitted in the manner established by the Code of Civil Procedure of the Russian Federation. In particular, this is practiced if everything in the text of the document is correct, but the name of one of the new homeowners is misspelled, and it is unrealistic to bring everyone together to re-sign the contract or agreement thereto.

IMPORTANT: If the error concerns shares in the right to an apartment, then the court remains the only option.

The same procedure is provided for when renting housing, that is, you can conclude an additional agreement. agreement to the lease agreement.

If concluded, but the right is not registered

Another common situation is when the parties have successfully signed a document, but the registration of the right in the Unified State Register through Rosreestr has not yet taken place. In this case, the only way out is to contact the registration authorities (directly or through the MFC) and finally complete the procedure.

In 1993, the Plenum of the RF Armed Forces established that registration must be carried out no later than 2 months after signing. However, now the current regulations have changed significantly - and it is almost impossible to monitor compliance with this requirement.

However, it is better not to delay the registration procedure . Citizens must remember that before entering information into the Unified State Register of Real Estate, they cannot call themselves the owners of the apartment, just as they cannot make any transactions with it - even rent it out for commercial rent.

If registration is delayed due to the fault of local authorities or Rosreestr employees who unreasonably refuse to register the right, the issue can be resolved by filing a petition with the court.

Required details

An agreement on the transfer of ownership of real estate must contain a mandatory set of details. It consists of:

Form numbers. Each contract is assigned its own unique number, which allows it to be identified.
The place of drawing up is the city where the transaction is concluded.
Date of completion. Without specifying a date, agreements are considered invalid, even if the rest of the document was drawn up correctly.
Information about the parties involved.
Terms of a transaction.
Signatures of the parties and seal of the legal entity.

The final part of the document always consists of individual details of the parties. They vary depending on the status of the party:

The municipality is a legal entity.
Citizens privatizing housing are individuals.

Due to the fact that the organization itself cannot sign anything, documents are always drawn up on behalf of its representative. Therefore, the contract must be signed by a responsible person. The signature must be deciphered with the surname and initials of the representative and secured with the seal of the administrative body.

The second party, which is the individual living in the premises and declaring a desire to privatize the living space, only puts signatures and deciphers them.