Many people living in municipal or state apartments were in a hurry to privatize their housing. The process was initially said to be free only until 2013. Then it was extended, and then the project underwent significant changes. What documents are needed to privatize an apartment in 2021, where to go, what to do first - the innovation affects all stages.
Application requirements
There is no official form as such, so it is better to use either the sample presented below, or ask for it at the local administration, where this application will be sent. Document requirements:
- Form . Written or printed, but not mixed. You cannot print out the form and fill it out by hand, but you can complete it entirely by hand. In the case of a printed version, the only written elements should be the signatures.
- Number of copies . The application is submitted as a single document, regardless of how many signatories the document has. They are all indicated in one appeal.
- Paste color . It is recommended to draw up an application or sign it using plain ink, preferably blue. In some cases, a signature in black ink may be allowed.
- Blots and corrections . Not allowed. The document should not contain any strikethroughs or errors. If there are any, they cannot be corrected. It is better to rewrite the application again.
- Recipient . This is the local administration or government agency that owns the privatization object. Even if the application is submitted through the MFC (My Documents).
- After filing . When the application has already been submitted and accepted, you need to request a receipt. This significantly reduces the likelihood that papers will simply be “lost.”
How to correctly write an application for privatization of an apartment?
Let us say right away that there is no official form provided. However, it is not needed - an application for the privatization of residential premises can be drawn up in any form. The most important thing is not to violate the contents of the document and indicate information about all participants in the re-registration. Read who has the right to participate in the privatization of an apartment?
Basic requirements for drawing up an application:
- The application form is written (written by hand or printed on a computer).
- An application for privatization of housing must be submitted personally or through a representative in one copy - common to all applicants (including children).
- The addressee is a local government body (for example, an administration or a housing property management committee).
- The application must be filled out in blue or black ink – without shading, strikethroughs, blots or other unnecessary symbols.
- It is advisable to enter information into a prepared form rather than write the content yourself.
- After submitting the application, you need to take a receipt for acceptance for consideration. The receipt contains an inventory of the attached documents.
The final version of the application is a completed A4 form indicating the property, property rights, participants and their confirmation.
What do I need to submit with my application?
The tenant of the residential premises must prepare not only an application. Along with it there are applications in the form of documents.
- identification documents (passports or birth certificates);
- registration certificate for an apartment, residential premises + cadastral plan;
- extended (archival) extract from the house register;
- a copy of the social tenancy agreement (or a later analogue - a move-in order);
- consent of the second spouse if the apartment is registered as joint ownership;
- power of attorney (although the application must be submitted personally by the applicant, it can be submitted through a representative);
- certificate of non-participation in privatization (extract from the Unified State Register of Real Estate);
- other documents.
The main responsibility of the applicant is to provide a complete package of documents. Usually the above are enough, but others may be needed.
Documents for privatization..
The list of documents is not established in federal legislation. Each region independently approves this list.
For example, Moscow has its own administrative regulations, according to which the following documents must be provided:
1) Application for the provision of public services.
2) Passports of the applicant, all members of his family, as well as everyone who is registered in the privatized residential premises and has the right to use this premises on social rent terms. For children under 14 years of age, birth certificates will be required.
3) Social tenancy agreement for an apartment.
4) An order or an extract from an order of an executive authority. If the order is lost, you need to obtain a copy of the order of the executive authority from the archive. In Moscow, such a copy can be obtained free of charge at any MFC.
5) A document confirming Russian citizenship - for children under 14 years of age. If the child’s parents are citizens of the Russian Federation and are registered in a privatized apartment, this document is not needed.
6) An extract from the house register or a similar document for the period from July 21, 1991 until the moment of registration in the privatized apartment.
7) A document from the authorized body confirming that the right to participate in privatization at the previous place of residence was not used, as well as a document confirming the authority of this body to issue the specified document.
8) Written consent to privatization or written refusal to privatize the occupied apartment. These documents are drawn up in approved forms and must be notarized or signed in person in the presence of an MFC employee.
9) Technical passport for the apartment.
10) Floor plan.
11) An extract from the personal account indicating everyone living in the apartment.
FOR SEPARATE CATEGORIES - for example, military personnel, disabled people, children without parental care or from specialized institutions - additional documents will be required. For example, a notarized power of attorney, if the application and documents are submitted by a representative, or a decision of the guardianship, trusteeship and patronage authority, if the documents are submitted by the guardian of a minor. A list of other documents that may be required is contained in the administrative regulations.
WHERE TO OBTAIN DOCUMENTS FOR PRIVATIZATION.
The application can be filled out at the place of submission - at the MFC.
Decisions of the guardianship and trusteeship authorities, court decisions and sentences, a certificate of release, a document confirming the serving of a sentence, an extract from the military personnel’s personal file are issued by the relevant authorities - guardianship and trusteeship, court, correctional institution or archive of a military unit.
A social tenancy agreement for an apartment, a warrant or an extract from an order of an executive authority must be in the hands of the social tenant. If lost, you need to contact the archive through the MFC.
Document on Russian citizenship - in the multifunctional migration center.
An extract from the house register or a similar document and an extract from the personal account - in the HOA (MC, housing cooperative, etc.) or in the MFC.
A document confirming the unused right to participate in privatization at the previous place of residence - in the local government body or technical inventory organization - BTI.
The technical passport and floor plan must be ordered from the BTI.
This is what the first page of a technical passport might look like
HOW LONG ARE THE DOCUMENTS VALID. All documents have different validity periods. For example, an order or social rental agreement has no restrictions on its validity period. The technical passport and floor plan for the apartment are also not limited by date by law, but in practice in some regions they may be asked to update them. An extract from your personal account and a certificate of no debt on utility bills are valid for a month.
It is better to take to the MFC in advance a list of documents that are required in your region and immediately clarify the end date of their validity. This way you can figure out which documents to receive first and which ones immediately before submitting your application, so that you don’t have to request the same document several times.
Timing and cost
Many people are interested in how long it takes to privatize an apartment? Re-registration of property rights consists of two stages:
- Review by local administration – from 2 months .
- Registration and issuance of an extract from the Unified State Register in Rosreestr - from 15 working days .
The average time you will have to wait from the moment you submit your documents is 2-3 months. Judicial resolution of the issue usually takes from 4 to 6 months (at best).
The second question that goes along with the deadline is how much does it cost to privatize an apartment? The procedure itself is free, since the property becomes property without redemption. An exception is paid privatization, for example, if a person has already taken part in a free procedure.
Features of submitting an application
- An application for privatization can only be submitted once in a lifetime. An exception is made only for minors, who can participate in the procedure twice: before reaching adulthood and after it.
- You can refuse to participate in privatization by drawing up the appropriate document. It must be certified by a notary. It should be remembered that a person who refuses automatically loses the right to his share, but retains the very possibility of privatization.
- Some of the housing stock is not subject to privatization in principle: emergency real estate, apartments in closed communities, service housing, rooms in dormitories, and so on.
- describe your situation to a lawyer in an online chat;
- write a question in the form below;
When is it pointless to submit?
You will definitely receive a refusal to privatize if your apartment is not legally subject to transfer into private ownership. In accordance with the Law “On Privatization...” 1541-1, the following premises are not subject to transfer to citizens:
- having official status;
- located in closed military camps;
rooms in departmental dormitories;- located in emergency buildings.
Find out also whether it is possible to privatize a military man’s apartment and cooperative housing, as well as an apartment with debts, and what to do if the order is lost.
After submitting the application, you can consider that the process of privatization of housing has begun, and if the outcome is successful, after 60 days you will receive a contract and will be able to register your rights to real estate in Rosreestr.
Where to get the form
Expert opinion
Popov Konstantin Ignatievich
Practitioner lawyer with 6 years of experience. Specialization: family law. Member of the Bar Association.
When all the documents necessary for privatization (we talked about them in this article) have already been collected, another question arises: where can I get an application form for the privatization of an apartment?
The following options exist:
- compose yourself;
- take the form from the district (city) administration;
- download on our website.
Any of these options are allowed. The main thing is that all legal requirements for the document are met. In fact, there is no single application form. They will not refuse to accept your application and package of documents, but they may not allow privatization if it contains errors, inaccuracies, or false information.
Information indicated in the form
Regardless of which form (written or printed) you choose for your application to claim residential ownership, it must contain the following information.
| No. | Content |
| 1 | The exact and correct name of the state or municipal body under whose jurisdiction the apartment is located |
| 2 | Data of all persons involved in privatization |
| 3 | Information about persons who are registered in the apartment, but do not have the right to this procedure (for example, they have already privatized other housing) |
| 4 | Information about registered people who voluntarily refused privatization, and how to do this, we described in detail in this article |
| 5 | Accurate information about the apartment being converted into ownership (size, address, special data) |
| 6 | The grounds on which the right to use the apartment arose (social tenancy agreement, date of its preparation, etc.) |
| 7 | The size of the share going to each of the participants in the transaction, even if they are equal |
| 8 | Information about legal disputes and the results of their consideration (if any) |
| 9 | List of all attached documents |
| 10 | Signature of each person involved and date of document preparation |
Pros and cons of privatization..
The main advantage of privatization is that you receive ownership of an apartment for free and can dispose of housing at your own discretion. For example, here's what you can do with a privatized apartment.
Art. 1119 Civil Code of the Russian Federation
LEAVE AN INHERITANCE. A privatized apartment can be passed on by inheritance, including by will. It is not necessary for the future heir to be registered in the inherited apartment or to be closely related to the testator.
A non-privatized apartment cannot be inherited. Members of the tenant's family can continue to live in it after his death: one of them will become the responsible tenant in place of the deceased and will enter into a new social tenancy agreement.
But this is not inheritance. The right of permanent registration and residence in the apartment will only be available to those family members who were registered and living in this apartment at the time of the death of the responsible tenant.
A non-privatized apartment can also be inherited - if the citizen collected all the documents, submitted an application for privatization, but died before the contract was drawn up with him. There are decisions when, even without filing an application on the part of the testator, the courts established his will for privatization and recognized such an apartment as an inheritance.
Clause 10 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 1 for 2017
If none of the relatives were registered with the deceased tenant, the social rental agreement will be terminated and the apartment will be returned to municipal ownership.
Part 5 Art. 83 Residential Complex of the Russian Federation
Therefore, if it is necessary for relatives and friends to retain the rights to a non-privatized apartment, one of them must live there and be registered.
REGISTER NEW RESIDENTS. You can register anyone you want in your own apartment. In a non-privatized apartment with registration, things are like this:
1) Spouses, parents and adult children can be registered with the written consent of family members who also live in the apartment.
2) Other citizens - with the written consent of all residents of the apartment and the landlord: the municipality. The municipality also usually sets an accounting standard for area per person - for example, in Krasnodar a minimum of 10 m², and in St. Petersburg - 9 m² in separate apartments and 15 m² in communal apartments. If, after moving in, each resident has an area less than the registration norm, the landlord will not allow the registration of a new resident.
3) An exception is made only for minor children. They are registered together with their parents, regardless of whether the area of the apartment allows for the registration of a new tenant or not.
SELL, GIVE, PEND, EXCHANGE FOR OTHER PROPERTY, RENT.
You can close the door, deregister, move to another city or another country and live there for many years - no one will say that a person does not use his own apartment, and therefore does not need it.
Theoretically, with a non-privatized apartment, this could become a reason for the housing to be confiscated and given to others in need.
DO a redevelopment. In a privatized apartment, you can fence off the storage room or transfer the apartment to non-residential premises and rent it out as an office.
In municipal housing, demolishing walls and combining a bathroom will be extremely difficult: you will first have to obtain the consent of the landlord. And you certainly will not be allowed to transfer the apartment to the status of non-residential premises. To do this, you first need to privatize housing, and only then transfer it to non-residential stock.
REDUCE COSTS. For an apartment that a person rents from the municipality or the state, in addition to utility bills, he must also pay a monthly fee for the use of the premises. For example, for Muscovites, starting from 2021, a fee of 27.14 R per square meter of total living space in an apartment building with an elevator and garbage chute has been established. That is, if you privatize an apartment in Moscow with an area of 41 m², monthly expenses will be reduced by 1,112 rubles.
Part 3 Art. 156 Housing Code of the Russian Federation
For a privatized apartment you will have to pay property tax, but the state provides a deduction of 20 m². The calculation procedure here is as follows.
If you occupy a one-room apartment in Moscow with a total area of 42 m² under a social lease agreement, you will have to pay 13,680 RUR per year. The tax on the same privatized apartment with a market value of 2.9 million rubles at a rate of 0.1% and a deduction of 20 m² is 1,519 R per year.
The advantages are obvious. But there are also disadvantages to privatization.
MAINTENANCE COSTS are borne by homeowners themselves. If the owner does not pay, he can be forced to pay in court.
Art. 210 Civil Code of the Russian Federation
Art. 158 Housing Code of the Russian Federation
Tenants of apartments under a social lease agreement do not have to spend money: all costs for major repairs of the apartment itself and the entire house are borne by the landlord - the municipality.
Part 2 Art. 65 Housing Code of the Russian Federation
RISK OF LOSS. An apartment that is owned may be subject to foreclosure. A non-privatized apartment cannot be taken to pay off debts, since it does not belong to the person.
Art. 32 Residential Complex of the Russian Federation
Art. 87.2 Housing Code of the Russian Federation
Any apartment can also be seized for municipal and state needs: for example, if a stadium or road is built on this site. The authorities compensate for such withdrawal in various ways: for example, by providing other housing or paying monetary compensation. Compensation in the case of a non-privatized apartment may be more profitable, since tenants are resettled taking into account the established norm per person.
Actions after filing an application for privatization
After the documents and application have been submitted for consideration, all that remains is to wait for the decision of the local authorities. This may take 30 days. If your request is granted, then you will be invited to draw up a privatization agreement. You will learn about this document from this article.
After signing the agreement, it must be registered with the regional branch of Rosreestr. It is for this action that you will have to pay a mandatory tax fee. In 2021, the state duty is 2000 rubles.
If a decision is made to deny you privatization, and you believe that this is illegal, then the only way to prove that you are right is to file a lawsuit.
If you have already collected all the documents required for privatization, but don’t know how to write an application correctly, then contact the specialists of our website. They will provide you with free assistance, explain the requirements for the document, and tell you where to go with the documents in your particular case.
In general, it is quite difficult for an unprepared person to understand the intricacies of drawing up this important document, and of privatization in general. That is why you should entrust the representation of your interests to a professional lawyer who specializes in housing law.
He will be able to:
- determine whether the apartment is subject to privatization;
- resolve controversial issues between the parties to the transaction;
- collect all necessary documents;
- represent the interests of principals in any authority;
- appeal the decision if necessary;
- perform other actions necessary in a particular situation.
- Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
- In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!
Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!
The application is the main document drawn up in the process of privatizing an apartment.
It is compiled according to certain rules and has an approved form .
Errors in the preparation of this document are not acceptable.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Find out on our website how to determine whether an apartment has been privatized, what tax the owners of privatized apartments must pay and what they must repair in it at their own expense, as well as how to go through the process of deprivatization of residential premises.
How to get a sample?
A sample for compilation can be obtained in several ways
- In the relevant organization of a particular settlement. The forms may vary slightly in each region.
- Download on the Internet.
- Write by hand according to an approximate sample, indicating all the necessary information, taking into account the recommendations.
How to write an application for privatization of an apartment - sample:
Sample application for privatization of an apartment.
Sample of filling out an application for privatization of an apartment.
You can find out how to privatize an apartment through the MFC on our website.
Application or claim: what are the differences?
The application for privatization is the beginning of the process.
If for some reason a refusal , it is necessary to file a claim in court.
The reasons for refusal may be the following:
- The administration discovered errors in the execution of any documents.
- There is a dispute about the status of the residential premises.
Having received a refusal, applicants write a statement of claim to the judicial authorities . This document has a more strict form, compliance with which is mandatory.
Unlike the application for privatization, the claim contains a demand for the recognition of citizens' right to register ownership of residential premises.
To file a claim, you must first receive a written .
A claim can be filed by one of the citizens registered in the apartment. The presence of other parties to the contract is not required.
You can find out about the limitation period for invalidating the privatization of an apartment on our website.
Required content
For this document there are mandatory points :
- The name of the organization to which citizens apply.
- Personal data of citizens.
- Information about the intention to obtain private ownership of municipal residential premises.
- Characteristics of the residential premises (address, size of area, number of rooms).
- Information about all parties to the agreement.
- Signatures of participants with transcript.
- List of attached documents.
You can find out who has the right to re-privatize an apartment from our article.
The main thing is to fill out all the necessary information correctly. Any errors in writing the personal data of the applicants and in the characteristics of the apartment will lead to a delay in the process of registering housing ownership.
Who writes and how?
One statement is drawn up from the residents of a particular premises , which can be written by any of the parties to the agreement. All participants in the process must sign it, including those who renounce their rights to receive a share. By doing this, everyone registered expresses their consent to the process.
The document can be filled out by hand or using technical means.
It is mandatory that all parties to the agreement, including minors over 14 years of age, must put personal signatures and write their transcript (full name).
Submission process
How to apply for privatization of an apartment? The document is submitted to the relevant organization in the presence of all privatization participants, including children over 14 years of age . An application for privatization of housing must be submitted in person from the age of 14.
If the appearance of any of those registered is impossible , it is necessary to draw up and notarize a power of attorney for privatization (read about privatizing an apartment through a realtor).
An employee of the organization accepts the document and registers it in a special journal. In this case, the document is assigned a registration number . The employee, in your presence, must certify the paper with his signature, put the date of reception and stamp on it.
Future owners of the living space are given a receipt for receipt and registration of the application with a list of documents attached to it.
When submitting an application for privatization of housing, you will be given a date for execution of the contract. 2 months is allotted for checking the package of documents .
You can learn about how to achieve recognition of property rights through the court from our article.
Housing not subject to privatization
Submission of documents does not always lead to successful registration of municipal real estate in the form of private property. Difficulties may arise due to incorrectly completed or expired documents, or complete refusal due to non-compliance with the conditions of privatization.
Federal legislation introduces a general restriction on privatization actions in relation to:
- rooms in dormitories, except in cases where the property is accepted on the balance sheet of the municipality, but the transfer is not officially formalized;
- real estate located inside restricted settlements;
- service, departmental apartments;
- real estate in disrepair, in buildings with a high degree of wear and tear.
In addition to the above-mentioned grounds for refusal, the presence of unauthorized redevelopment, expired validity of previously collected papers, utility debts, and imposed registration restrictions may complicate the re-registration process. The municipality may refuse re-registration if the apartment is transferred for use or rent. The procedure is impossible if not all registered citizens agree to privatization, or if any of the participants have previously used their right.
Price
Expert opinion
Popov Konstantin Ignatievich
Practitioner lawyer with 6 years of experience. Specialization: family law. Member of the Bar Association.
The concept of “free privatization” exclusively means the absence of payment for square meters (read about paid privatization), but for each document you must pay a certain amount.
The cost of an application for privatization of residential premises is set by specific organizations in each region, so the specific amount must be clarified with the local administration .
You will find a sample written refusal to participate in privatization on our website.
