How to issue a power of attorney to privatize an apartment?

Article updated: February 10, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

Hello. Yes, you can issue a power of attorney for someone who will handle the privatization of the apartment for you . I will describe the articles of the law, what kind of power of attorney there should be and how everything is drawn up.

In paragraph 4 of Art. 182 of the Civil Code of the Russian Federation says “it is not permitted to carry out a transaction through a representative, which by its nature can only be completed in person, as well as other transactions specified in the law.” According to paragraph 3 of Art. 1118 of the Civil Code of the Russian Federation, the only document that can only be executed in person is a will. There are no other exceptions. Consequently, there is no prohibition on privatization through a representative by proxy. Also, this prohibition is not mentioned in the Law on Privatization dated July 4, 1991 N 1541-1.

How to privatize a municipal apartment - detailed instructions

Types of powers of attorney

1. One-time - involves performing a single operation in the interests of the principal (for example, submitting a package of documents for privatization to the Housing Services Department of the Ministry of Defense of the Russian Federation);
2. Special – obliges the attorney to perform homogeneous legally significant acts (for example, request a certificate for transferring an apartment into private ownership);
3. General (general) – empowers the trustee to carry out any actions related to the privatization of municipal housing.

There are other, less popular powers of attorney - with and without the right of substitution (Article 187 of the Civil Code of the Russian Federation). Example: delegating a number of functions to a lawyer or notary. Information about this is indicated in advance in the original document.

In what cases is a power of attorney needed?

Privatization of municipal housing involves the participation of interested parties who are indicated in the social tenancy agreement and have rights to registration. Usually there are several such citizens: the employer and his family members. The apartment is transferred into ownership on the basis of shared ownership. The privatization agreement is signed by all parties to the transaction (see “Who has the right to privatize an apartment”).

But what if they don't have time for this or are unable to sign due to physical illness?

This is why a power of attorney exists - a document issued by the principal in the name of the attorney for the purpose of fulfilling legal obligations (Clause 1 of Article 185 of the Civil Code of the Russian Federation). One of the responsibilities is considered to be the privatization of an apartment in the interests of the principal. However, permits can be different: to drive a vehicle, to sign, to receive goods, to register with the traffic police, etc.

When can you issue a power of attorney for the privatization of housing:

• If there is a lack of time (for example, due to being busy at work);
• Being treated in a hospital (in case of illness);
• Stay in another city or abroad (work, study, vacation);
• Minor age.

Situations may be different, but the main ones are presented above. A separate power of attorney must be drawn up for each reason.

Example: A woman who is in the last months of pregnancy is participating in privatization. If a woman in labor cannot personally collect documents and sign an agreement with the administration, she can write a power of attorney to a notary, lawyer, spouse or third parties. The reason is staying in the maternity hospital. If a man who is away due to rotational work participates in this privatization, he must draw up his permission - choose a representative and entrust him with conducting the privatization in his favor.

Is it possible to privatize an apartment using a general power of attorney?

Privatization requires applicants to perform several legal operations: collecting documents, drawing up applications, contacting the BTI, administration, Rosreestr, ordering a technical plan and many others. If you can submit a request yourself, but do not want to collect information, it is better to issue a special power of attorney.

However, if you need to privatize an apartment, as they say, “from” and “to”, you can draw up a general document.

The main difference between a general power of attorney and a one-time and special power of attorney is the legal powers of the attorney. The representative has the right to perform any actions, sign, and request documents.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The duties of the trustee are specified in the general power of attorney. Lawyers advise not to limit yourself to a general formulation like “take action to privatize an apartment”, but to indicate specific responsibilities.

• notify other privatization participants;
• prepare applications/notarial waivers;
• collect documents for an apartment, housing;
• submit an application to the administration;
• sign the real estate transfer agreement, etc.

This makes it much easier to control the actions of the attorney, and in case of excess of authority, to immediately stop his activities.

A general power of attorney is much more extensive than the others, but there are also disadvantages to using it:

• Risks - the powers of a general permit are much broader than those of a regular permit - this is freedom for scammers who can re-register an apartment in their name and then sell it to third parties;
• The validity period is only 1 year, unless otherwise stated in the document.

Purpose of compilation

A power of attorney can be drawn up and signed by any participant in the privatization procedure .
It is especially necessary for those persons who are far from the place where the registration of living space as property takes place.

adult and child aged 14 to 18 to participate in collecting papers or submitting them to government agencies .

If the participant is a minor under 14 years of age, the authority to collect documents and submit an application rests with his parents or legal representatives. In this case, there is no need to draw up a power of attorney from the child.

If the parent does not participate in the process himself, he must issue a power of attorney on his own behalf , indicating that the interests of his child will be represented during the registration of real estate.

You can learn how to privatize an apartment through the MFC from our article.

Sample power of attorney for privatization of an apartment

There is no single document template. Nevertheless, the power of attorney for privatization is drawn up in accordance with the rules of document flow. The form can be obtained from notaries. Before doing this, it wouldn’t hurt to familiarize yourself with what a power of attorney looks like and what it consists of?

• Full name and passport details of the principal (the one who transfers his powers);
• Full name and passport details of the attorney (to whom the responsibilities are addressed);
• date of the agreement;
• a detailed list of powers of the authorized person (for example, request an extract from the Unified State Register of Real Estate, order cadastral work, certify the refusal of privatization...);
• expiration date (required!)
• information about the registrar, i.e. notary (full name, passport and legal details);
• signatures with transcripts.

Below are the latest forms and a sample of filling out the document for 2021:

Please note that the power of attorney for the privatization of housing is filled out personally by the principal. Notaries require that both parties to the transaction be present when the document is drawn up (but this is not required).

It is important to determine the free will of the participants - if the notary feels that the power of attorney is being drawn up for selfish purposes (for example, only in the interests of the attorney), he will not certify the document.

The approved power of attorney is entered into the unified register of notarial documents. The agreement is assigned a unique number. Subsequently, the document can be easily found in the notary’s EIS - in case one of the parties starts legal proceedings.

Sample and documents

Below is a sample of the paper being studied. A power of attorney usually looks like this.

To participate in privatization, the following documents will be useful:

• passports of the parties;
• powers of attorney (if any);
• marriage and birth certificates;
• refusals to participate in privatization;
• social rental agreement;
• certificate form No. 9;
• extract from the house register;
• warrant for the apartment (if any);
• cadastral and technical passport;
• statement;
• certificates of non-participation in privatization;
• documents on ownership of all housing that the applicants have.

In reality, everything is not as difficult as it seems. On average, a request is processed for about a month. After this, as we have already said, you can conclude a privatization agreement and register ownership rights in the State Register.

Price

There are cases when the principal cannot visit the notary's office in person. All that remains is to call a notary to come to you - on-site certification of agreements is much more expensive. The client will have to pay for travel, accommodation, expenses and other actions.

In order not to incur additional costs, the law provides for the following: according to Art. 185.1 of the Civil Code of the Russian Federation, the certificate can be entrusted to chief doctors, doctors on duty at military units, commanders, heads of colonies, commanders of ships and aircraft. They have the same functions as notaries.

Conditions for urgent privatization

To resort to urgent privatization or to limit ourselves to the usual procedure is the choice of each person. For some, due to their busy schedule, it is more convenient to pay a licensed company than to collect documents themselves. But there are residents who do not want to pay money to intermediaries - the usual procedure is provided for them.

In what cases can you use accelerated privatization:

1. Having Russian citizenship.
2. Living in an apartment under a social tenancy agreement or an occupancy order (Article 2 of Federal Law No. 1541-1 of July 4, 1991).
3. All residents of a municipal apartment agree to privatization.
4. No debts for housing and communal services.
5. Retention of the right to free privatization of housing (see “How many times can you participate in privatization?”)
6. The desire to speed up the processing of documents.

The specified conditions, with the exception of the last one, are mandatory - if at least one of them is not met, urgent privatization will be refused.

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The privatization of municipal housing takes a lot of time and effort. Therefore, many people prefer to entrust this procedure to specialists.

The appointed representative must have a notarized document confirming the right to protect the interests of the principal. The person indicated in this document as an authorized representative receives the right to perform the duties of re-registering a municipal apartment into private ownership.

Each legal action is performed by a representative solely in the interests of the principal.

If the power of attorney is drawn up in violation of the rules, for example, it lacks signatures or details of the parties, then the document is considered invalid. This means that the representative will not have the rights to carry out privatization. Let’s find out how to properly draw up a power of attorney and what documents are needed for this.

Reasons for refusal to privatize an apartment

Inheritance of a privatized apartment is possible only if the privatization procedure is successful. Otherwise, the heir will not be able to assume rights to the inheritance. After the request is submitted, the decision on whether the apartment will be privatized will come in 46 days. If the answer is yes, the procedure continues. But if the answer is negative, you need to find the reason for the refusal and, if possible, remove it.

The refusal comes by mail or online, depending on which form was used when submitting the application. Refusal can occur not only due to incorrectly drawn up documents and errors in them. The reason may be the special status of the premises. For example, an apartment in a hostel, in a military camp, etc. cannot be transferred as an inheritance after the death of the person living there. Also, a refusal will follow if the person has already used the opportunity for free privatization. If he wants to privatize new real estate, he will have to pay for it.

You can get legal assistance on privatization issues on our website.

Country of Soviets

At the end of 1991, when the Union collapsed into many independent states, the Russian authorities granted Russians the right to free re-registration of apartments. Few people decided to take advantage of this right (or simply did not have time to do so), so the authorities initiated the extension of the program more than once.

For example, legislation moved the deadline to March 1, 2010, 2015, 2015, 2021, and 2021. The latest initiative has moved the possibility of free transfer of housing into private ownership until 01/01/2020.

I, citizen of the Russian Federation Semenov Valery Dmitrievich, born on June 12, 1978, passport (series, number, date of issue, authority that issued the document, unit code), place of residence: Moscow, Stepnaya street, building 1, apartment 1, I authorize

How much does Paid Privatization of an Apartment Cost in 2021 in St. Petersburg

Despite the fact that it is possible to privatize an apartment for free, government agencies strictly monitor this process. In particular, the mandatory requirements are:

• The owners of the apartment have a social tenancy order;
• Consent of all persons registered in the residential premises to carry out the privatization procedure in writing;
• Absence of illegal alterations in the apartment;
• Permission from the guardianship authorities if there are also minors in the apartment.

It should be remembered that it will not be possible to transfer housing into private ownership if it is included in the list of emergency or dilapidated real estate.

The concept and basic principles of the procedure for transferring municipal and state housing into private hands are determined by Federal Law No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.” According to the definition, this is a voluntary and free transfer of premises suitable for habitation into the ownership of citizens of the Russian Federation. This also includes premises that were previously booked by them.

Any previously non-privatized residential space with the status of municipal or communal, as well as a hostel, can be registered as the property of the residents. Among the obvious advantages is the opportunity to get it for free. The vast majority of housing already has legal owners.

Privatized housing is allocated to the following categories of citizens:

• military personnel;
• employees in state structures;
• classified as vulnerable segments of the population.

A person can live in a non-privatized state or municipal premises under a social tenancy agreement and has no right to dispose of it. This applies to all real estate transactions, as well as the possibility of registering someone without the consent of the municipality (except for a child under the age of majority).

Apartments and rooms that were previously received from the state for residence can be given into private hands subject to a number of conditions:

• each of the residents of an apartment or room has the right to privatize housing under a rental agreement in part of the specific area specified in the documents, or in equal shares between residents;
• All applicants must have permanent registration in this premises (those temporarily registered cannot take part);
• A citizen can privatize housing only once in his life if he does not own another residential property. At the same time, the interests of those whose rights were violated and restored by the court are taken into account; they are allowed to participate in privatization again;
• Privatization is not an obligation, but a right. This means that a person can refuse it by putting it in writing and having it certified by a notary. However, the right to privatize your share cannot be transferred.

This document is often viewed with:

• Agency agreement, agency agreement 51
• Marriage contract 4
• Lease agreement for residential premises, apartment 72
• Lease agreement for non-residential premises, building 100
• Land lease agreement 36
• Lease agreement for property and equipment 48
• Vehicle rental agreement 14
• Other lease agreements 25
• Bank agreement, deposit agreement 79
• Agreement for free use, loans 36
• Agreement of donation of property, real estate, money 90
• Trust agreement, trust 38
• Loan agreement, loan receipt 66
• Loan agreement, collateral agreement 78
• Sales and purchase agreement, contracting agreement 309
• Leasing agreement, financial lease 37
• License agreement, copyright 37
• Contract of exchange, exchange, barter 75
• Agreement for the provision of services, outstaffing 270
• Contract of carriage, transport expedition 62
• Household, rental, construction contract 162
• Lifetime maintenance agreement 66
• Agency agreement, commission agreement 72
• Agreement for the supply of goods, products 127
• Rental agreement, household rental 23
• Agreement for the creation and implementation of scientific and technical progress 18
• Property, health, liability insurance contract 56
• Partnership agreement, joint activity 35
• Employment contract, labor contract 160
• Contract of assignment of the right of claim 15
• Franchise agreement, concession 7
• Storage agreement, documents for storage 61
• Energy and electricity supply agreement 15
• Conducting competitions and auctions 17

The resource is designed to help in drawing up contracts and any other documents. We try to post only current templates and forms. If the site helped you, thank it: share the link with any online audience. If you have any questions or suggestions, please use feedback.

Lack of time to independently collect papers and visit government services forces many citizens to write a power of attorney for the privatization of an apartment. The authorized person specified in such a document undertakes to carry out the procedure for denationalization of the home instead of the principal.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The activities of the representative are based on respecting the interests of the person who issued the power of attorney. Like most legal processes, privatization of an apartment by proxy is a transaction that requires official registration.

To draw up a trust document, you must visit a notary office.

How much will the services of specialists cost?

How much does it cost to privatize an apartment in 2021 when contacting special agencies and law firms?
Of course, no less than with independent registration. Usually this amount is doubled. Thus, agencies will help a tenant who wants to own housing alone and does not have problems with documentation (lack of a cadastral or technical passport, for example), privatize housing for at least 10,000.

But when there is a need to prepare additional documents or register a real estate property with the state cadastral register, the cost of services increases significantly. Preparing just one technical passport can cost 10,000, and the entire process can cost 25,000–30,000.

A separate fee is charged for urgency. Some law firms guarantee completion of privatization within 5–15 days. You will have to pay extra for haste from 7,000 to 15,000 rubles.

Free privatization in reality turns out to be not so free, especially when it comes to the services of specialized agencies and companies. But in any case, a “privatizer” tenant will spend much less money than a person who decides to buy an apartment.

Varieties

Depending on the intentions and interests of the person concerned, there are three main types of power of attorney for privatization:

1. One-time
   – issued to perform one operation (for example, to transfer a package of papers to a registering organization) or to receive one type of documentation. The validity period is limited and is calculated in one day or even a couple of hours.
2. Special
   - they authorize the representative to prepare all the necessary documentation, fill out all the forms, but do not give the right to complete the transaction. To receive final statements, the applicant's personal presence is required.
3. General powers of attorney
   - allow the trustee to completely carry out the privatization process, starting from collecting papers and ending with receiving the finished extract. The presence of the applicant is required only once, at the time of signing the power of attorney and its certification. The attorney will perform all other actions for him.

Regardless of the type of power of attorney, any person can be a representative of the interested citizen. There are only two requirements for it:

• capacity;
• reaching adulthood.

List of mandatory expenses and payments for apartment privatization

Privatization of an apartment is a procedure that requires special attention and effort. At one of the first stages, a citizen who has expressed a desire to privatize his home will need to spend money on preparing documentation. There are two options for the development of events in this case:

1. if a citizen independently prepares and collects documents;
2. if a citizen turns to an agency or a private realtor who completely organizes this procedure.

To save costs, most citizens independently engage in privatization. It is worth considering that re-registration of an apartment in private ownership has many costs, despite the fact that the procedure is free, there are additional and mandatory expenses that the citizen will bear.

The main expenses during the privatization procedure include:

1. mandatory payment of state duty in the amount of 2,000 rubles. The amount of tax is established by the legislation of the Russian Federation. Without a receipt for payment, the registration chamber will not register ownership of the apartment.
2. You definitely need to make a technical plan. Its cost will depend on the region and the prices established there. As a rule, the cost varies from 1,000 to 15,000 rubles.
3. A cadastral passport is a mandatory document that a citizen orders from the Cadastral Chamber. The cost of this document is from 2,000 rubles.
4. Extract from the BTI – 200 rubles.
5. An extract from a citizen’s personal account is taken from the tax office and costs 200 rubles.
6. Extract from the Unified Register - the cost of the certificate will be around 200 rubles.
7. Notary services – depending on the chosen notary. As a rule, the cost of services starts from 1,000 rubles.

Additional expenses

In addition to the mandatory expenses that a citizen pays when registering ownership of an apartment, he also incurs additional ones. What are these?

1. If a citizen carries out the privatization procedure through a proxy, then he will first need to make a power of attorney from a notary. Depending on the region of residence and the qualifications of the specialist, the cost of a power of attorney will be from 100 to 1,000 rubles.
2. If a citizen has made an illegal redevelopment of an apartment, it will need to be legalized. If the planning was carried out with technical violations, the citizen will have to pay a fine - from 1,000 to 3,000 rubles in accordance with Article 7 of the Code of Administrative Offenses. In the BTI, obtaining permission for such redevelopment will cost from 45,000 rubles and more.
3. If a citizen has debts to public utilities, all debts will need to be paid off before the privatization procedure.
4. If one of the co-owners does not want to carry out the privatization procedure, the applicant can go to court. Filing a claim costs 300 rubles in accordance with Article 333 of the Tax Code of the Russian Federation.
5. Additional notary services, for example, if during registration one of the co-owners wrote a written refusal to privatize the apartment. This document is necessary to carry out the procedure for re-registering an apartment as private property and costs 1,000 – 2,000 rubles.
6. If a citizen needs to carry out the procedure urgently, he will have to overpay. As a rule, accelerated privatization costs from 20,000 rubles.

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Registration process

To formalize a power of attorney, you first need to visit a notary office. During the procedure, both parties must be present in the notary’s office and have personal documents (passports) with them.

Notaries provide travel services to the home or location of the principal, if he cannot personally visit the notary office.

In addition, there are situations when the power of attorney can be certified by other officials. The list of these persons is established by Art. 185.1 of the Civil Code of the Russian Federation and includes certified papers:

• heads of military medical institutions, their deputies, senior or duty doctors (issued on behalf of hospitalized military personnel);
• commanders of military units and garrisons in the absence of notary offices;
• heads of correctional colonies;
• heads of social organizations service;
• commanders of ships and aircraft.

Engaging a lawyer as an intermediary during privatization

In addition to a realtor, a competent lawyer can help you carry out the privatization procedure. The lawyer knows all the intricacies of housing law and has the necessary level of knowledge to correctly prepare all documents. He is able to provide competent assistance if the transfer of an apartment or land plot from state ownership to private ownership is accompanied by a number of difficulties.

The functions of a lawyer are as follows:

• consultation on key points of privatization. The specialist answers the questions posed with references to current legislation;
• informing about rights and responsibilities;
• drawing up an action plan for housing privatization;
• assistance in preparing a package of documents.

Any lawyer can act as an intermediary during the privatization procedure. In this case, a notarized power of attorney is issued to him.

Nuances

The list of powers of the attorney is of particular importance. For example, the representative undertakes:

1. Notify interested citizens about the start of the privatization procedure.
2. Draw up applications for the denationalization of living space.
3. Prepare refusals of other residents from privatization in favor of the principal.
4. Submit an application to municipal authorities.
5. Sign the agreement on the transfer of ownership rights to the home.
6. Submit the package of papers to Rosreestr.

Lack of permission for any action may lead to the authorities refusing assistance and the need to obtain a new permit. At the same time, granting a representative extra rights leads to excess of authority.

In order to issue a power of attorney for the privatization of an apartment, the parties will only need personal civil documents (originals and photocopies). Drawing up the document does not require the provision of housing documentation.

General provisions on privatization

All residents registered in the municipal square can declare their civil rights. If a citizen refuses to participate in the program and does not want to become an owner, then he is obliged to formalize the refusal with a notary. The specialist knows how to write the application correctly and will certify it in the right way. The refusal of privatization will be submitted to the privatization body of the municipal housing committee.

The refused share is distributed equally among the remaining applicants registered in the apartment. Sometimes all registered people write a notarized refusal in favor of one family member. Children participate in privatization without fail; after reaching adulthood, they are given the right to re-participate in the program.

The interests of young children are represented by their legal representatives: parents or guardians. If an adult participant is absent at the required time or does not have the physical ability to visit institutions and collect certificates, then a trusted person can do this. Citizens issue a power of attorney to carry out privatization actions, collect documents and provide information to authorities. A power of attorney can be issued by all residents for one person, not necessarily the resident.

The notary provides a paid service and issues a document, which is provided in all places of request. For example, a family member is in prison, on active duty in the army or in a hospital. It may be necessary to issue a power of attorney simply because in the absence of a registered family member, privatization will not be carried out. The law strictly protects the interests of all citizens equally, so it is impossible to secretly become owners and hide it from one member.

Sometimes conflicts arise in families due to the fact that one of the members ignores the interests of the others and does not give his consent or refusal. No one can help in such a situation; you need to look for a compromise.

The law allows privatization to be carried out by a trusted person; there is nothing prohibited here. You can issue a power of attorney to collect information and provide a package of documents for the intended purpose.

Validity and cost

The trust document must specify the specific duration of its validity. If this indication is absent, then the period is calculated in accordance with Article 186 of the Civil Code. This rule indicates that the power of attorney is valid for a year. The maximum validity period of a paper is not limited by law.

• tariffs of a specific office;
• types of document;
• list of powers;
• The need for a notary to travel to another location.

Privatization of living space with the help of a trusted person is the best option if you don’t have time to deal with paperwork. The parties to such a transaction are the principal and the trusted person. The trust document is drawn up and certified by a notary office.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

Invalidation

You need to be aware that it is possible to cancel the power of attorney early, as well as declare it invalid under certain circumstances. These circumstances are the same for all types of this document and apply to any person:

• Revocation of a power of attorney at the request of the principal at the notary's office;
• Expiration of the document;
• Impossibility of registering privatization (for example, a power of attorney was issued before the consent of government agencies was given);
• Issues with incapacitated and minor persons have not been resolved;
• The document is formatted incorrectly;
• Availability of evidence of coercion to draw up a power of attorney;
• The principal died before the privatization process was completed.

No notary has the right to issue powers of attorney on behalf of a minor child. Interested parties can challenge illegal actions in court if they have sufficient confirmed grounds.

With the right to sell

A general power of attorney for an apartment can be issued with the right to sell. It details proposals that make it clear that the trustee has the right to sell the property and receive for it the agreed amount of money to be transferred personally or through the use of a personal bank account.

Various details can also be specified here.

• a certain sales amount of money;
• specific conditions for selecting a buyer;
• conditions for concluding a purchase and sale agreement.

How to speed up the process

The longest part of the privatization process is the preparation of documents from the BTI.

In some cases, employees go to the apartment to make sure that it has not been illegally redeveloped. This can take a long time, because the new applicant will be placed at the very end of the queue.

A paid accelerated tariff will help correct the situation, thanks to which the citizen will be at the beginning of the queue and receive documents much faster.

There are other ways, for example, contacting a specialized consulting company that has certain agreements with local government agencies and will help you obtain ownership of an apartment in a short time.

One-time or general - what to choose

The citizen’s choice here will depend on the situation and his desires. One-time is often used if there is accurate information about the transaction being concluded (address of the apartment, characteristics). The owner draws up a document from the notary that allows the trustee to perform actions only once in relation to a specific property.

General is used in situations where there is some uncertainty:

• there is no information about the location of this or that apartment;
• about the owner or buyer;
• about the cost.

The general document gives the attorney powers that allow him to exercise some freedom to achieve the goal - completing a transaction with an apartment. The owner can revoke (cancel) both options at any time if there is no desire to continue to cooperate with the authorized person or, conversely, if there is a desire to complete the transaction on his own - this is his legal right.

Documents for privatization of a room in a communal apartment

In addition to the main package, the following documents for privatizing a room in a communal apartment must be collected as quickly as possible:

• a statement stating that there are no rent arrears;
• a certificate stating that the room has not previously been privatized;
• written confirmation of which rooms are already in the property;
• information from the state committee for the protection of ancient monuments and architecture, if the house belongs to such a fund.

In each individual case, the set of documents can be significantly expanded, because the issue of privatization also affects the interests of those who rent housing or live in rooms that were previously privatized. In some cases it will be necessary to obtain their written consent.

All this is not difficult for professionals who are ready to take on the most complex tasks. Our company will help you save time and nerves. Call!

Cost of legal services

Written legal advice on the privatization of rooms in a communal apartment

Privatization of a room in a communal apartment on a turnkey basis

What is written in the text

The notary, after listening to the citizen’s wishes, draws up the text personally or through an assistant. In accordance with the legislation of the Russian Federation, the general power of attorney indicates:

• document type;
• date and place of document preparation;
• passport and personal data of the principal;
• powers for a trustee;
• passport and personal data of the authorized person;
• validity;
• surname and initials of the notary;
• information about payment of state duty in the amount of the amount actually paid and the notarial amount;
• signatures of the principal and the notary;
• stamp of a notary office.

A general power of attorney is used not only for purchases and sales, but also:

• for the privatization of housing, since the corresponding powers are included in the power of attorney for the privatization of an apartment;
• exchange;
• rent;
• sale or purchase of a share of an apartment.

Documents for registration of a power of attorney

The drafting of a document is subject to general rules. The parties must express a desire to issue a power of attorney. Only in case of mutual benefit do they turn to a notary.

What documents will be needed:

• original + copy of the principal's passport;
• a copy of the authorized person’s passport (sometimes passport data written down on paper is sufficient).

Executing a power of attorney for the privatization of an apartment does not require documents for housing (for example, as when buying and selling). Copies of passports of both parties are sufficient.

How to quickly privatize, speed up the privatization of an apartment?

Having decided on the method of accelerated privatization, it’s time to understand the nuances of the procedure. Let us immediately note that urgent re-registration is accompanied by the risk of encountering unscrupulous agents. To avoid such situations, you need to carefully read the service agreement. Well, if it is a specialized company, check its details and information from the Unified State Register of Legal Entities.

Let's start by analyzing the question of who is involved in the urgent privatization of the apartment.

Where to contact?

There is a whole list of organizations whose goal is to help with the privatization of housing in an accelerated time frame.

List of government bodies:

• Bureau of Technical Inventory (BTI) – helps produce technical documents;
• Management company or HOA - engaged in expedited issuance of an extract from the house register (certificate of family composition), and also issues an extract on the personal account;
• Notary – requests missing documents;
• Archive – provides copies of title documents (for example, an old-style move-in order);
• Guardianship and trusteeship authorities issue permission to privatize an apartment with minor children;
• The offices of the MFC “My Documents” act as an intermediary between the applicant and the government body (see “Privatization of an apartment through the MFC”).

At the same time, you can apply for the provision of full services in the privatization of an apartment:

• To a lawyer - protects the interests of privatization participants, and, if necessary, helps to register housing in the Unified State Register of Real Estate;
• Real estate agencies and specialized firms are engaged in turnkey privatization: from collecting documents to registering rights in Rosreestr.

Advice: If you urgently need to obtain a missing document, contact a government agency and take advantage of the expedited issuance of a certificate. In the absence of time, it is best to delegate the privatization of the apartment to professionals represented by real estate agencies.

Procedure

How does urgent privatization of housing take place? There is a pre-worked scheme that resembles a regular apartment renovation, but differs favorably in terms of timing.

Urgent privatization algorithm:

1. Conclusion of an agreement for the provision of services.
2. Drawing up a power of attorney for a representative of the company (see “Power of Attorney for the privatization of an apartment”).
3. Visiting government agencies to obtain documents.
4. Submitting an application to the department under the administration (department of housing policy).
5. Concluding an agreement on the transfer of ownership of housing.
6. Submitting an application to the MFC “My Documents” or directly to Rosreestr.
7. Obtaining an extract from the Unified State Register of Real Estate.
8. Transfer of documents to the principal (customer).

Some steps may differ, but in general the procedure is not particularly difficult. The only thing you should focus on is checking the company that provides apartment privatization services. If you act through government agencies, there will be no problems.

Procedure, process

The nature of the procedure also coincides with conventional privatization. Let's look at the main points using the example of an urgent procedure.

• Stage No. 1 Appeal to government authorities. In the vast majority of cases, privatization participants need a registration certificate for the apartment. The document is ordered through the MFC or from the BTI.
• Stage No. 2 Payment for services for expedited plan issuance. The cost of work for BTI employees will be much higher than what is paid in the usual manner. Payment is made according to the details. Before ordering a technical passport, floor plan and explication, please inform us that you plan to take advantage of the expedited issuance of documents.
• Stage No. 3 At the third stage, technical work is carried out. BTI employees will visit the apartment, take measurements, establish cadastral data and draw up a preliminary plan.
• Stage No. 4 The final stage will be the receipt of ready-made documents from the BTI. By following the instructions described, you can order other certificates. For example, a personal account statement, an extract from the house register, etc.

Please note that urgent privatization of an apartment is not a violation of the rules of procedure. The participant will receive documents in an expedited manner, but will pay a large sum of money for this. Usually 3-4 times more than with regular privatization of an apartment. Prices vary depending on the region, but more on that below.

Documentation

Registrars will be asked to provide originals and copies of the following documentation :

• passports and birth certificates of children under 14 years of age;
• official social tenancy agreement for residential premises;
• registration certificate for the apartment (with plan);
• extract from the house register - replaces the certificate on the number of residents of the apartment;
• a regular extract from the Unified State Register of Real Estate with cadastral data;
• personal account statement (with the number itself);
• receipt for payment of state duty + receipts for payment of services of government bodies for the accelerated issuance of certificates;
• application(s) of the established form.

However, these documents may not be enough. The applicant will also have to prepare:

• notarized waivers from the remaining residents of the apartment (if the latter do not want to take part in the procedure);
• marriage/divorce certificates – if spouses are involved and the apartment becomes joint property;
• death certificates - about retired family members of the employer;
• an extract from the court decision - in case of forced privatization of the apartment;
• permission from the guardianship authorities;
• some types of housing certificates.

What specific documents are needed? This question will be best answered by the employees of the State Budgetary Institution “My Documents” during the initial application. But you can always take advantage of the advice of lawyers on our portal. Experts will answer questions regarding urgent privatization, and also advise what to do in your situation?

Deadlines

Standard registration of transfer of ownership of a municipal apartment takes 3-4 months, excluding court proceedings and other incidents. If you act through the courts, privatization will take at least 5-6 months, and in some cases up to a year.

Urgent privatization of an apartment in 2021 costs:

• 45-50 days – accelerated;
• up to 20 days – urgent.

Please note that these deadlines include consideration of the application by the administration + signing of an agreement on the transfer of the apartment into private ownership. Preparation of documents and registration of rights in the Unified State Register of Real Estate requires additional time.

Advantages of accelerated privatization in terms of document collection:

• registration certificate for an apartment – ​​2-3 days , instead of the standard 10-30 days;
• personal account statement – ​​1-2 days , instead of 15 days.
• extended extract from the house register - within 24 hours , instead of 3-7 days;
• references from archives – if necessary.

As you can see, the timing differs significantly, and to the advantage. Some companies in Moscow offer collection of all documents within 10 days. But you need to assess the risks and not trust the registration to scammers.

Price

The financial side of urgent privatization depends on the complexity and region of residence. Complications in the form of litigation increase the prices of specialists.

What services may be included in the price:

• privatization of official housing;
• re-registration of a personal account;
• changes to the social tenancy agreement;
• restoration of a warrant for moving into an apartment, etc.

The average cost of accelerated privatization in Moscow is 15-20 thousand rubles . The cost of services in St. Petersburg is approximately the same. If you order turnkey privatization, you will have to pay up to 30 thousand rubles.

About standard prices for comparison, see the article “How much does it cost to privatize an apartment?”

Registration procedure

We won’t tell you how you need to get your passport out of the closet, get dressed and go to the notary. And we will look at specific examples, the solutions in which are not so obvious at first glance.

Situation one

Parents want to privatize an apartment in one city, and their son, who is registered in it, lives in another city. Previously, the son had already issued a power of attorney for one of the parents, authorizing him to represent his interests on his behalf in all possible authorities, including the court and law enforcement agencies, authorities and local government.

Does he still need to issue a power of attorney to privatize the apartment?

Answer: if the previously executed power of attorney does not indicate the right of the trustee to carry out specific actions aimed at privatization, then a new document must be prepared.

Next case

There was an urgent need to privatize an apartment in which a mother, an adult daughter and her two children were registered.

The mother is considered a responsible tenant, but at the moment in question she is an inpatient in the hospital.

The disease is associated with a disorder of the nervous system. The question arises - how to get a power of attorney from her and is it possible to present, in addition to her application, a certificate from the attending physician?

Answer: in such situations, it is necessary to invite a notary to the hospital and carry out all actions in the presence of the attending physician, who can be responsible for the mother’s sanity. The notary, for his part, will decide on the possibility of issuing a power of attorney.

Episode three

A mother is trying to privatize an apartment in which, in addition to her, her adult son is also registered. The son is in prison. It is necessary to issue a power of attorney from him in the name of the mother. How to do it?

Answer: you need to seek the services of a notary who travels to places of detention.

You can contact any notary office, and if there are no such specialists there, they will tell you where to go. In such cases, you need to issue a general power of attorney so as not to spend money on notary trips twice. There is no point in looking for samples and forms on the Internet; the notary himself has all this.

Fourth case

A mother, father and two adult children are registered in the apartment. The head of the family is being treated in a psychiatric hospital. The family wants to privatize the apartment, and at the same time discharge the father in order to subsequently place him in a boarding school. Let us leave out all the moral and ethical aspects of these intentions: dads, like children, are different. What to do in this situation?

Answer: before taking the notary to your dad, you need to talk to both him and the attending physician.

If the father is legally competent, then the notary is taken to the hospital, where the power of attorney is drawn up. Of course, provided that dad gives his consent. If it turns out that the father is incompetent, then it is necessary to fix this in court and arrange guardianship over him, after which the guardian, who can be either the mother or any of the children, makes a decision for the father.

But there is a small nuance here.

The law provides that a guardian does not have the right to act to the detriment of the interests of his ward.

Moreover, the family plans to discharge the father.

Even with his full consent, if he renounces the right to privatization, he acquires the lifelong right to use and live in this apartment. You can deprive him of this right through the court, but the court will refuse. Difficulties may arise on this basis, but that is a completely different story.

Episode five

You come to submit documents for privatization, and they offer you a standard power of attorney, which you need to notarize for the privatization agency. The contract itself specifies a huge list of services, including the right to sign for the principal. How legal will it be to issue such a power of attorney and is this not a sign of fraud?

Answer: there is nothing unusual about this - all parties to privatization can take part in it through proxies. In this case, the district administration, represented by its chairman, decided to entrust the right to formalize privatization to this agency. All you need to pay attention to is that the power of attorney must contain the right to register the transaction itself.

But if in such cases any doubts arise, the document has been received in person. This means that you can contact one or more lawyers who will explain to you what’s what and will protect you from drawing up a power of attorney if there are signs of fraud. The notary himself can do this.

Methods for accelerated privatization

If you decide to use accelerated privatization of an apartment, you will need to choose the appropriate method.

There are several options for urgent privatization of housing:

• Payment for urgent preparation of documents

Suitable if you need to collect certificates that are prepared within a month or two, but there is little or no time. By paying for urgency, you will speed up the production of documents. For example, issuing a registration certificate for an apartment will take not 10-30 days, as usual, but 1-2 days. Payment is made at the MFC or BTI - a government agency that is in charge of the technical inventory of real estate.

• Turnkey privatization

Relevant in a situation where a person does not want to deal with the registration personally. Having issued a power of attorney to a representative of the company, the privatization participant will transfer his powers to him. The representative will prepare certificates, draw up an application, contact the administration and register ownership in Rosreestr. The principal will only have to receive the title document and an extract from the Unified State Register of Real Estate.

• Privatization through court

Refusal to privatize in the usual way can be appealed in court. It is advisable to contact a lawyer. But you shouldn’t count on a 30-day registration period. Court hearings can last from 2 to 6 months, so you will still have to wait. But as a result of the proceedings, the person will receive the right to privatize the residential premises (see “Forced privatization of an apartment through the court”).

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Question: Tell me what to do if my uncle does not want to participate in privatization? We occupy an apartment under a social rental agreement: me, my mother and her brother. My uncle is constantly absent, does not pay utilities, and is often rowdy. We want to take advantage of accelerated privatization, but we cannot get his consent. What should we do?

Lawyer's response:

Your case is one of forced privatization. We recommend not to waste time persuading a troublemaker. File a complaint with the municipality to evict your uncle from the municipal apartment. Report all facts of violations, attach documents, witness statements - all this will form the basis of the statement of claim. The processing time for the application is 10 working days. Then the authorities will decide whether to go to court or not. If the violation of the peace is proven, the court will make a decision to discharge the tenant from the apartment. After which it will be possible to privatize housing in an accelerated manner. We advise you to start collecting documents before the start of court hearings. This way you will save time.

Read what to do if one of the residents does not agree to privatization?