Privatization of a private house and land: documents, cost, procedure

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Private houses, cottages and dachas are among the most popular types of real estate in Russia. If their owner is a citizen, then he can freely dispose of his property. And, on the contrary, if the house belongs to the municipality or the state, then this right for citizens is limited. True, there is an option to privatize an object with a land plot. This can be done completely free of charge using a simplified procedure.

How does home privatization happen and why do ordinary citizens need it? We will try to provide answers to the most pressing housing questions in our material.

What is home privatization?

First, let's understand the terminology.

House privatization is a legal procedure for transferring state (municipal) property into private hands. The second name for privatization is denationalization. The process affects real estate in the form of residential buildings, non-residential properties, land plots and even entire enterprises. We are interested in the privatization of the house and the plot allocated for it.

The regulations are enshrined in Federal Law No. 178 “On Privatization...” dated December 21, 2001. Everything related to the transfer of rights to residential properties is noted in Federal Law No. 1541-1 of July 4, 1991. It was from this period that the go-ahead for free privatization of the housing stock was given in our country.

Despite the hype, not all residential properties have yet been privatized by Russian citizens. That is why the denationalization process is extended from year to year, and since 2021 it has become indefinite .
Simply put, you can take your time with the privatization of your house and land, but leisurely collect all the documents and submit an application (see “Until what year has free privatization been extended?”).

Inspection inside

You also need to look for treasure under your feet. These could be cracks in the floor and baseboards. In such places it is also unlikely that you will be able to find anything truly valuable. But it could be a gold ring that rolled under the baseboard and was forgotten about, or a silver coin.

By the way, in one of the merchant houses, in the corner of one of the rooms, I managed to find a gold chain and, oddly enough, some Soviet change.

Grandma said that you need to tap or try to find a floor board that is wobbly. In such a place, after dismantling the covering, you can actually find treasures or the entrance to the dungeon.

It is necessary to inspect all door jambs and thresholds. These are also places where treasures can be stored. The best way to search is with a metal detector.

Be sure to inspect the oven. Often something valuable can be found at the top of the stove masonry, near the chimney cleaning hole.

After this you can go to the attic. According to statistics, it is in attics that treasure is most often discovered. The treasure container is often filled with all sorts of rubbish.

Is it possible, is it necessary and why to privatize a private house with a plot of land?

Lawyers regularly receive questions like: is it possible and necessary to privatize houses with land? Some citizens believe that it is better to leave the property on the balance sheet of the municipality. Allegedly, you won’t have to pay taxes and it’s generally more profitable to use housing. Is it really?

Privatization of a municipal house with land is available to all citizens of our country, free of charge and in a short time. Consequently, anyone can register the transfer of ownership from the municipality to private hands. The restrictions are minimal, we will talk about them in the following sections.

Is it necessary to privatize a house with land? Everyone decides for themselves. But in most cases, privatization is more profitable than using the property under a social lease agreement.

Benefits of transferring to private ownership:

increase the market value of housing;
dispose of the house at your own discretion and without regard to the state;
exchange, merge, divide a plot;
build several buildings (for comparison, the state allows tenants to have only one building in addition to the house);
claim compensation in the event of seizure of a site for municipal needs.

Thus, the main goal of privatization is to allow citizens to own residential premises. A benefit for the state can be considered a replenishment of the tax base. The property of individuals is subject to taxation (Article 401 of the Tax Code of the Russian Federation). Thus, the authorities control the use of property within the country.

Rights of residential premises owners

The rightful owners can use a privatized house as they please - sell, donate, rent out.

If the owner decides to put his part of the residential building up for sale, then the relatives living there have the priority right to buy it. If within a month they agree to buy this part of the residential premises, a purchase and sale agreement will be drawn up. If there is a refusal, this part will be offered to third party buyers. Then anyone can purchase a share. You can rent out a room only with the consent of all residents.

Conditions

Simplified free privatization of house and land consists of several factors.

Let us highlight the main conditions:

The citizen or members of his family have not previously participated in the privatization of housing - adults are given the right to one-time privatization, and children under 18 years old again upon reaching adulthood.
A residential building with a plot of land is provided to a citizen on the basis of the lack of alternative housing. If the property already has privatized housing, they won’t give you a new one, which means you won’t be able to register it.
The procedure is consistent with all persons registered in the house. If family members refuse, the document must be certified by a notary.
Privatization is aimed at different lands - individual housing construction, private household plots, SNT, DNT and others.
The land area has not been withdrawn from circulation and does not belong to the environmental protection zone.

Expert opinion

Semyon Frolov

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

Previously, it was necessary to determine the status of a privatized house - a full-fledged residential property or a summer cottage. In the second case, the house could not be classified as housing; the authorities prohibited registration in it. It was believed that dachas were intended only for summer seasonal recreation. However, as of January 1, 2021, the concept of “dacha” has been abolished. Instead, the concept of “garden houses” applies. They can be considered residential, provided that the object meets the requirements of a capital building. Gardeners have the opportunity to obtain permanent registration in such houses. Read more about this in the article “Is a garden house a residential or non-residential premises?”

When they can refuse

A citizen of the Russian Federation may be refused privatization of housing for the following reasons:

if he lives in the house illegally;
the house has a debt on utility bills;
illegal redevelopment has been carried out in the house;
housing has a special social status (dormitory, office housing, etc.);
the building is in disrepair;
the land plot under the house is located in a nature protection zone or has been withdrawn from circulation.

In any case, the refusal must be official and have a specific justification.

How to privatize a residential building and land?

The applicant must decide how privatization will take place. Considering that the house is located on land, the plot is also subject to privatization. There is a second option - to denationalize only the residential property.

When transferring municipal real estate, you need to contact the land use department , and in the case of federal property - to the territorial branch of the Federal Property Management Agency . Now this can be done through the My Documents (MFC) offices.

Privatization procedure, step-by-step instructions

Municipal or state property remains such until citizens register ownership. Privatization of home ownership differs from the procedure with a city apartment. By the way, if you don’t know what is needed to privatize an apartment, be sure to read our article.

A brief algorithm for house privatization in 2021:

The preliminary stage is collecting documents.
Determination of the government body where the documents will be submitted.
Ordering a technical and cadastral passport.
Applying for the privatization of a municipal house and plot.
Waiting for the ruling.
Signing of the privatization agreement.
Registration with FKP "Rosreestr" or MFC.

Before proceeding with the privatization of residential buildings, it is advisable to consult with a lawyer. The specialist will tell you how to quickly prepare the documents and where it is better to apply for a cadastral calculation.

Procedure

Detailed step-by-step instructions are as follows:

Preparation for privatization

Find out who owns the house + land and on what right. It is quite possible that the territory is ownerless - then you will have to make a request and re-register the area.

Submitting an application to the housing department

Visit the nearest branch of Rosreestr or BTI to obtain cadastral documents. We are primarily interested in the technical plan of the house and the cadastral passport of the site (extract from the Unified State Register of Real Estate). All work is carried out by an accredited specialist. The task of surveyors is to carry out preliminary measurements and establish the exact boundaries of the privatized area. The information is then transmitted to the cadastral engineer. He is preparing a technical plan.

Registration of certificates

The applicant confirms that he is participating in free privatization for the first time in his life. In addition, you need to collect documents confirming the absence of another place of residence. The applicant will need an extract from the personal account and a copy of the house register. The latter is needed to establish the exact number of persons registered in the house. If there are several such persons, then the property will be divided into shares.

Transfer of documents to the MFC

You need to visit the nearest MFC department, fill out an application and submit the collected documents for review. Registrars will provide an application form, fill it out themselves and check the entered data. The employee also scans the documents. Upon completion of the reception, the applicant will be given a receipt indicating that the documents have been accepted for consideration.

Obtaining an administration resolution

After considering the application and documents, the authorized body issues a resolution on the transfer of municipal property into the ownership of the citizen. The document is issued in two copies. Then you need to come to the MFC and sign the privatization agreement.

Registration of ownership

Innovations allow you to register ownership in any branch of the MFC or in the offices of Rosreestr. The territorial place of registration of a residential property does not matter. The applicant submits an application, resolution and other documents. In return, you need to receive a receipt confirming that the package has been accepted for consideration. As soon as the title document is ready, you can pick it up. Previously, certificates of ownership were issued, but they have now been abolished. Extracts from the Unified State Register are issued to new owners.

What documents are needed to privatize a house?

You can confirm your intentions to privatize a house with the help of documents. Please note that it is required to provide not only cadastral documents, but also information about the participants in the denationalization of a residential property.

Package of documents for house privatization in 2021:

a copy of the citizen's passport;
certificate of non-participation in the procedure earlier;
technical plan of the house - drawn up by a cadastral engineer at the BTI or Rosreestr;
a copy of the social tenancy agreement for the home;
written consent of other family members (including children under 18 years of age);
extract from the house register (extended);
a copy of the personal account of the responsible citizen;
sample application;
notarized refusal to participate in privatization (if any);
death certificates of family members registered in the house;
official permission from the guardianship and trusteeship authority (if necessary);
receipt for payment of state duty.

At the same time, the applicant needs to prepare documents for the land plot:

issued land lease agreement or warrant;
cadastral passport or new extract from the Unified State Register;
act of land surveying (with boundaries, signs, etc.);
GPZU land plot (plan-scheme);
certificate from SNT - if the territory is in a non-profit partnership.

A distinctive point is that the privatization of the house and land occurs simultaneously. The documents are combined into a single package, and in the application you can indicate the object of privatization - a house and land.

Application for privatization

Having made an appointment with the MFC or Rosreestr, the privatization participant must fill out a standard application in two copies.

Check that the information reflects the actual size of the plot including the house. Errors in cadastral data lead to refusal to register home ownership rights.

Rules for drawing up a contract

If a positive decision is made by the regional administration, an agreement is drawn up with the applicants. Based on it, ownership of the house is transferred, and the territory of the house is also privatized. For this purpose, specialists prepare the following documentation:

a resolution on the basis of which an object is transferred into the ownership of citizens;
privatization agreement.

These documents are provided to the applicants. Next, these papers must be submitted to the MFC or directly to Rosreestr to register the right. Each person participating in privatization must pay 2 thousand rubles. as a registration fee.

Price

The final price is determined based on the collected documentation. For example, if a house does not have a technical plan or a land passport, you will have to order documents from the BTI. Let us note that this is the main cost item for privatization. The cost of the technical plan and passport is set by the district authorities.

How much does the procedure itself cost in 2021? Individuals pay a state fee for the privatization of a municipal house - 2,000 rubles . The receipt paid at the bank is attached to the package with documents. Registration of a land plot is cheaper - 350 rubles .

Finally, another expense line could be notary services. For example, if someone registered in the house refuses privatization. A refusal issued in accordance with all the rules will cost from 1,000 rubles and more , depending on the price list of the office.

Read more about costs in the articles “How much does privatization of housing cost”, as well as “Cost of privatization of a land plot”.

Is the consent of all residents required?

Only with consent from all registered persons is the house privatized. The list of documents includes personal documentation of all citizens living in the house.

Even if one person refuses the procedure, it will not be carried out. If children live in the housing, then the decision for them is made by parents or official guardians. If one of the people has already been a participant in privatization, then he does not even need to draw up a notarized refusal, since it is enough only to have documentation confirming his participation in this process.

Deadlines

If cadastral documents are missing, you will need to submit an application to the BTI. The approximate duration of all work is from 2.5 weeks to a month .

Preliminary consideration of the application by the administration takes place within 2 weeks. During the specified period of time, the authorities decide whether to issue a decree on the transfer of ownership or not?

The issuance of a certificate of registration of ownership of the house and land occurs within 3-14 working days . Exceeding the deadlines is grounds for filing a complaint with the authorities of Rosreestr.

The total time for privatization of a house with a land plot is from 30 days .

What is the price?

Speaking about how much it costs to privatize a house, based on the legislation of the Russian Federation it is carried out free of charge.

At the same time, it is necessary to pay attention to the fact that the procedure for registering rights to real estate incurs certain costs.

The cost of registering rights costs approximately 2 thousand rubles.

The procedure for privatization of housing is determined by current legislation. Is it possible to refuse privatization of a minor child? Information here.

How to register the privatization of a garage in a garage cooperative? Details in this article.

How to privatize a house without documents?

Often there is a need to register a house for personal use. At the same time, a person may not have documents for real estate. For example, if a residential property is located in a rural area and has not been privatized according to all the rules. What to do?

Procedure in the absence of documents:

Send a request to the land committee or contact the BTI - the documents are probably in the archives and can be obtained upon request.
Prepare the main documents, namely: a technical plan for home ownership and a cadastral passport (extract from the Unified State Register of Real Estate).
Pay the state fee, fill out an application for privatization.
It is also advisable to collect testimony from neighbors - they must confirm that the applicant lived in the house with relatives, ran a household, participated in meetings of private sector residents, etc.
Submit the documents to the land department or to a branch of the Federal Property Management Agency.
As a last resort, you will have to privatize the property through the courts.

Now you know how to privatize a house in the village without documents. At the same time, it is possible to register a plot of land for further construction.

Reasons for refusal

There are situations when the regional administration refuses to privatize a house. This is usually due to the following reasons:

all necessary documents to complete the procedure are missing;
the premises are for service purposes;
there are errors or irregularities in the submitted documents;
the property is located on the territory of a military camp;
reconstruction of the building is planned;
false documentation is submitted by applicants;
the facility is in disrepair or dilapidated condition;
the building is a cultural property.

The answer must be given in writing, so applicants will be able to understand why they will not be able to privatize the building in which they live on a permanent basis.

Nuances of privatization

Before you begin the procedure, pay attention to some nuances. They will help you save time and determine the right option for transferring real estate into private ownership.

Features of privatization of a house with land according to the new rules:

It is allowed to privatize the house to any of the residents under a rental agreement (order). However, all family members registered in the house, regardless of the degree of relationship, participate in the procedure.
The applicant has the right to privatize the entire land plot or part of it. Cadastral documents contain information about boundaries, soil, land category, etc.
In addition to the housing rental agreement, a state act, a lease agreement and a decision on the provision of land by the district council are adopted.
Free privatization of land applies to plots in use before 2001, the date of entry into force of the Land Code of the Russian Federation. In other cases, the land plot will have to be purchased (see “Paid privatization”).
Privatization of a plot is available not only for our compatriots, but also for foreign citizens with a residence permit (residence permit). The main condition is ownership of the house.

Finally, we note that if the house is registered separately from the land, the owner will not be able to sell/exchange the property. In order to completely control the fate of residential buildings, it is necessary to privatize both housing and land at the same time. This procedure is much simpler and more convenient.

Summary of the above:

Municipal property in the form of houses and land can be privatized.
To do this, you need to live in a house under a social lease agreement, pay bills and come to an agreement with all the residents of the house. If someone does not agree to privatization, he will have to write a refusal letter from a notary. If there is no refusal, the issue is resolved in court.
Municipal ownership of the house and land is registered simultaneously.
The applicant should invite surveyors and register the house with the cadastral register.
Then you need to contact the MFC and submit an application for privatization of the house with land. The application will be reviewed, and if everything is in order, they will inform you when it will be possible to sign an agreement with the administration.
Costs are associated with payment of cadastral works and state fees for registration of property rights.
If there are no documents, you will have to collect witness statements and submit requests to the housing archives.

Legal assistance

The main difficulty in privatizing a municipal house is the impressive package of documentation. If, in addition to everything else, you want to privatize a land plot, you will have to order additional cadastral documents. Contacting the BTI, passport office or housing department is additional red tape. It is not a fact that you will be given certificates at the right time. Usually citizens face serious problems, which aggravate the process of home privatization.

It is more profitable to carry out registration after consultation with professionals.
A free consultation with a lawyer will help you create a competent algorithm of actions to understand whether you have the right to privatization? Lawyers will advise how to quickly collect certificates and what to include in the application for the administration. If a conflict arises due to the disagreement of the residents of the house, a lawyer will tell you how best to resolve it. Having received advice, you will stock up on legal knowledge that will be useful in the future. Leave written questions or call - lawyers will help with the privatization of your house and land. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!