The easiest way to find out whether an apartment has been privatized is by checking the receipt for utilities. There is a line about the rental fee, and if it is empty, the housing is privatized. Similar information can be provided at the management company’s settlement center. You can also submit a request to Rosreestr - in person, via the Internet or the Multifunctional Center. If the apartment was privatized before 1998 and then there were no transactions with it, you can find out about this at the local Bureau of Technical Inventory.
In some cases, the privatization of an apartment may entail encumbrances or even be contested. If you suspect such problems or simply want to make sure that they do not arise in the future, it is worth seeking advice from a privatization lawyer. A specialist will help you navigate the situation and avoid mistakes with documents.
Is it possible to find out about the privatization of an apartment?
The answer to this question must be considered from two angles. It mainly depends on the level of detail required for such information. There are two possible options:
- If a specific person only needs to find out whether the apartment is privatized or not, then obtaining such information will be quite simple.
- If accurate information is required about the owners who privatized the property, as well as about the transactions carried out, then such information will be impossible to obtain without having the legal right to do so.
This is due to the fact that in this case we are talking about personal data that cannot be disclosed to anyone. The only exception may be a request sent by law enforcement agencies or employees of other authorized government departments.
In what case and to whom can they refuse to provide it?
A person who is in no way connected with the property in question may be refused to provide data in the first place
They also refuse if you cannot prove the fact of your involvement in the social rent agreement.
If the property has already been privatized and you ask to provide the data of the person who is the owner, they will also refuse to provide such information, citing the information protection law.
Find out how to privatize living space under a social tenancy agreement, in particular how to fill out an application, from our articles.
When is such information needed?
The need to obtain such information may arise for a variety of reasons. The most common ones include the following:
- Buying an apartment - in this case, obtaining information about the privatization of housing is of great importance for the buyer, since it is important to promptly identify persons entitled to lifelong residence in such real estate. It occurs when one of the residents renounced their share during privatization.
- The intention to carry out the privatization procedure in relation to a particular housing - in this case, it is necessary to first clarify whether it is already in private ownership.
- When renting real estate, the tenant may be interested in the question of what category the rental housing in which he lives belongs (municipal or private).
- Other reasons.
Find out the answer to the question with the help of a lawyer
A lawyer can also help establish the fact of privatization. To do this, an agreement is concluded with the specialist, and he is given a power of attorney (in some cases notarized). Acting on behalf of the principal, the lawyer (including with the help of a lawyer's request, which is discussed here), will reliably determine whether the apartment is privatized, and will also attach documents confirming this fact.
Naturally, all documents received from a lawyer in this case will have legal force and can be used:
- for a pre-trial appeal against a refusal to privatize (read about this here);
- when concluding transactions for the purchase and sale of an apartment (as part of a package of documents or when checking the legal purity of the apartment);
- during court proceedings - in certain situations, disputes may arise around real estate, the rights of third parties to it, as well as around the very fact of privatization;
- when inheriting – providing the notary with information about the property for its inclusion in the inheritance estate.
Due to frequent updates to legislation and the legal uniqueness of each situation, we recommend obtaining a free telephone consultation with a lawyer. You can ask your question by calling the hotline number 8 (800) 555-40-36 or write it in the form below.
Where to check the fact of privatization and how to do it?
There are quite a lot of available options that allow you to quickly check the fact of privatization of a property.
Reference. The entire set of methods for obtaining information about the privatization of an apartment can be divided into two groups: online and offline.
Each of them is described in more detail below in the text.
Through the Internet
In this case, to obtain such information, you can use a special form posted on the Rosreestr website. This option allows you to obtain background information about the property online.
So, the procedure will be as follows:
- First, you need to go to the Rosreestr website and go to the “Electronic Services” section.
- In the list that opens, you need to select the section called “Reference information on real estate objects online.”
- Next, you will be asked to fill out a special form in which you need to enter information about the apartment. After this, click on the “Generate request” button.
- Within a few seconds the system will display the search result.
Attention. If the apartment is privatized, then the word “private” will be reflected in the “Form of ownership” section.
In addition, when you open the “Rights and Restrictions” item, you will be able to see the details of the entry from the Unified State Register of Real Estate, confirming the right of ownership, as well as encumbrances imposed on specific real estate.
Through MFC
Another way to find out information about the privatization of an apartment is to order an extract from the Unified State Register of Real Estate, containing information about the property. This can be done through the MFC.
The procedure in this case will be as follows:
- First, you need to select the nearest MFC branch and make an appointment.
- Show up at the appointed time, taking with you a prepared application (optional) and passport.
- A center employee will review the submitted documents and, if necessary, help prepare an application.
- Then you need to pay a state fee.
- Wait until the procedure is completed. According to the law, when ordering an extract from the Unified State Register through the MFC, the preparation period is 5 days.
By the address
Attention. You can also find out whether an apartment is privatized or not by its address.
In this case, you need to perform the following steps sequentially:
- find the nearest URCC (Unified Cash Settlement Center);
- Make an appointment;
- show up at the appointed time with your passport, providing the ERCC specialist with the exact address of the apartment;
- obtain the information you are interested in.
By receipt
This is one of the simplest and fastest ways to obtain information about the privatization of housing.
As you know, each apartment receives a monthly receipt for utility bills. It also has a separate column called “hiring fee”. If the housing has been privatized, there will be a dash in this line. If the property is still municipal property, then a certain amount will be entered in this column.
Via BTI
Another way to find out whether real estate is being privatized is to contact the BTI (technical inventory bureau). In this case, the action plan will look like this:
- first you need to find out the address of the nearest BTI;
- then you should come to the office and apply for the information you are interested in about the apartment;
- pay the state fee;
- wait for the procedure to complete and pick up the certificate.
Reference. As a rule, the need to contact the BTI arises in the case when the privatization of an apartment was carried out in the period from 1991 to 1998. In this situation, this is the only way to find out whether real estate has become private property.
Through Rosreestr
As mentioned above, one of the main ways to check the fact of privatization of an apartment is to order an extract from the Unified State Register of Real Estate. This can be done either through the MFC or by contacting Rosreestr directly.
The action plan will be as follows:
- Preparation of the application and necessary documents (passport, receipt of payment of state duty).
- Make an appointment at the territorial office of Rosreestr.
- Visit at the appointed time and submit a package of papers.
- Waiting for the procedure to complete. According to the law, 3 days are allotted for this (clause 9 of Article 62 of the Law of the Russian Federation of July 13, 2015 No. 218-FZ).
The state fee for providing an extract from the Unified State Register is up to 870 rubles for individuals and 2,550 rubles for legal entities. However, if you order it online, the cost will be several times lower.
Other ways
Other ways to obtain information about the fact of privatization of housing include various auxiliary services, through which you can also order an extract from the Unified State Register of Real Estate.
For example, this can be done on the website Whotam.pro. The algorithm of actions will be as follows:
- first you need to go to the official website of Ktotam.pro;
- a search field will be placed on the main page, where you need to enter the exact address of the apartment or its cadastral number;
- after the system produces the desired result, you must click on the “Select object” button, and then on;
- After this, you need to enter a valid email address (an extract in PDF document format will be sent to it), select a payment method and transfer money.
Checking a home before purchasing: presence of third parties
An important point is to check the apartment for possible rights to it of third parties. You need to be especially careful if the seller inherited the property. Check to see if the rights of other heirs have been infringed. It is important to make sure that the apartment was legally privatized. Ideally, if the seller acquired ownership more than three years ago. In this case, the likelihood that the transaction could be challenged is almost non-existent.
An important point in checking a home before purchasing is the people registered in the apartment, who, as you understand, have the right to live in the premises even after the owner changes. The seller must deregister all occupants before selling the premises. If someone is registered at the time of the inspection, make sure that you will not have problems with eviction. There are categories of citizens who can declare their right to live in real estate. These include: those undergoing military service, convicts, minors living in educational institutions, pensioners living in nursing homes.
Checking real estate before purchasing also involves being aware of the absence of encumbrances on the property (information is contained in the extract from the Unified State Register of Real Estate). Housing should not be subject to mortgage, seizure, lease or rent. Otherwise, the transaction may not be registered.
What to do in case of refusal?
Attention. It is important to understand that not everyone can receive complete information about the privatization of real estate.
Thus, if a third party wants not only to find out whether the apartment has become private property, but also to obtain complete information about its owners and persons who took part in the privatization, then they will be refused to provide such information.
This is due to the fact that such information about the privatization of real estate relates to personal data and can only be provided to the owner of the property and certain categories of applicants (for example, law enforcement agencies).
In this case, the only way out is to obtain the information of interest through the owner of the apartment. There are no other legal options here.
Thus, there are a wide variety of ways to find out whether housing is privatized or not. However, it is worth remembering that a third party will not be able to obtain complete information about the procedure for transferring real estate into private ownership, since this information is protected by the Law of the Russian Federation “On Personal Data”f.
Search and study of documents for an apartment
In many cases, the need to certify the fact of privatization is needed either by the established owner himself or by his legal successors. Since a decree (decision) of municipal authorities is made on privatization and an agreement on the transfer of ownership is concluded, the applicant (owner) of the premises must have a copy of it.
The search for information, therefore, needs to start with the analysis of all the documents for the apartment. As a rule, such papers are stored together with other documents. But this opportunity is available only to the owners of the premises, or to persons who in one way or another can freely stay in the apartment. An unauthorized person (for example, a potential buyer of an apartment) will not be able to use this method. And he will have to act differently.
Conditions for receiving an extract
Let’s immediately make a reservation that officially such a concept as the Unified State Register has ceased to exist in our country since January 1, 2021 . The Unified State Register and State Property Committee combined them into one information block and gave it the name Unified State Register of Real Estate. This innovation has simplified the solution of many problems when receiving government services. But citizens, in the old fashioned way, prefer to use the concept of Unified State Register in their vocabulary.
- The main condition for obtaining an extract from the Unified State Register is the fact that the privatization procedure has been carried out.
- It is important that the owner of the property receives the certificate, that is, the person who drew up the privatization application or the other owners mentioned in it.
- Providing the necessary package of documents that will convince employees that the person requesting the information can be provided with such data.
There are other conditions that must be met, but only on an individual basis.
Watch the video on how to get an extract from the Unified State Register of Real Estate:
Yulia Pletneva: How to get an extract from the Unified State Register of Real Estate? Tips for realtors
Features and nuances
If you were given information that the living space was never privatized by anyone, and you began the appropriate appropriation procedure, during which the owner was suddenly found, do not despair. In court, you can recover good moral damages from the guilty party .
Whoever owns information owns the world. This phrase is more relevant than ever in this situation. We, in turn, wish you success in your real estate appropriation endeavors.
If you find an error, please select a piece of text and press Ctrl+Enter.
Who has the right to receive information?
There are certain rules that are prescribed in the legislation governing privatization. These rules regulate the list of persons who can get acquainted with information about the possibility of carrying out the above actions.
Despite the fact that Article 11 of Federal Law 1541-1 “On Privatization” states that every citizen has the right to purchase housing for free .
There are strict boundaries and restrictions under which information is provided.
- First of all, the tenant of the social premises has the right to receive data. It is he who is an active participant in the privatization procedure, which means he must be fully versed in the data.
- Information is available to family members of the employer. However, only for those persons who live in the same premises with him and also have the right to participate in privatization.
- Representatives of the Accounts Chamber.
- Heirs.
- The administration of the city or district that allocated the premises can also familiarize themselves with all the information.
- Courts.
- In certain situations, when we are talking about a possible violation of the law, representatives of law enforcement agencies can familiarize themselves with privatization documents.
Important! Apart from the above persons, no one else can find out the status of a privatized apartment.
Watch the video: Who can obtain the right to privatization and in what cases they may be denied
The minimum you need to know about privatization
