You can find out how to determine whether your apartment has been privatized, where to start the procedure for registering ownership, and whether you can apply for privatization through the MFC or a realtor by proxy on our website.
What does the law say?
In what year did the privatization of apartments and housing begin in Russia? The Law “On the Privatization of Housing Stock” ( No. 1541-1 ) was adopted by the Government of the Russian Federation on July 4, 1991.
According to this law, with the beginning of the privatization of housing and apartments in Russia, there was a massive transfer of state ownership to private individuals. property and housing stock.
When privatization began, every citizen of the Russian Federation living in an apartment as a tenant had the opportunity to register ownership of this premises.
The regulation of the privatization process is also based on the Housing Code as amended on March 1, 2005, and the Civil Code of the Russian Federation.
In essence, privatization is the legal transfer of state or municipal housing into private ownership. Having received the rights to a privatized apartment, a citizen can dispose of it at his own discretion , that is, make any alienation transactions.
The procedure is carried out on the basis of an agreement between municipal authorities and persons living in the apartment. As a result, tenants become full owners of the living space.
However, there are categories of housing that are not subject to transfer of ownership :
- Located in closed military camps.
- Located in dilapidated and unsafe houses.
- Relating to the maneuverable fund of municipalities.
- Those living in boarding homes.
In this list, an amendment to the Privatization Law dated December 29, 2004 included premises transferred to citizens for use after March 1, 2005 . However, the Constitutional Court considered this norm to be contrary to the Constitution of the Russian Federation and at present this restriction has lost its force .
According to the Law, privatization is carried out on a voluntary basis (Article 1 of the Civil Code of the Russian Federation). Each citizen is given the right to it only once (Article 11 of the Housing Code of the Russian Federation).
Those citizens who deprivatized previously received housing, that is, returned it to the state through a reverse privatization procedure, also lose their right to free privatization.
The right to participate in privatization is re-given only to those who originally participated in it as minors. Upon reaching 18 years of age, these persons can undergo the procedure of transferring ownership of residential premises received by them from the state.
Find out from our articles about whether it is possible to privatize a cooperative, service apartment, military personnel’s housing, a room in a dorm or communal apartment, an apartment with debts or a share.
Paid or free: what's the difference?
The procedure for transferring residential premises into the ownership of a private person can be carried out free of charge or for a fee.
Free
What is this? The property is transferred into ownership without payment to the former owner , that is, the state, of the cost of the apartment.
To carry out such a transfer, the desire of all persons registered in the living space, including minors over 14 years of age, is required, with their consent.
State bodies do not have the right to refuse to carry out the procedure if the apartment is not included in the list of premises not subject to privatization. Initially, the terms of free privatization were limited, then repeatedly extended by the Government .
Currently, 20 percent of apartments by municipal housing tenants are not privatized. When will the privatization of apartments in Russia end? Until what date (date) has housing privatization been extended?
Once again , the Government decided to extend the procedure; the deadline for apartment privatization was extended until March 1, 2021 , citing the fact that some citizens did not have time to register ownership of apartments for objective reasons.
Paid
Paid privatization is the process of buying residential premises owned by the state from the state. The redemption price is set by a specific municipal department, based on the cadastral value of the property.
As a rule, the final cost of an apartment is approximately equal to the market value of housing in the region.
Apartment price calculation
The price for square meters of municipal real estate is set by a special expert commission every few years and depends entirely on the economic situation in the region.
The assessment of housing and non-residential premises is carried out taking into account the provisions of Federal Law No. 135 of July 29, 1998 “On Valuation Activities”. The relevance of the cadastral price can remain for a maximum of five years, after which engineers again assess the value of the property.
Information on housing prices set by the state is freely available and can be easily found on specialized Internet resources, such as the website of Roskadr or State Services.
To find out the current price of an apartment:
- Open the main page of the official resource of Roskadr.
- Go to the “Public cadastral value” tab.
- Enter the cadastral number of the property in a special column (you can check it in the technical housing plan).
- Click on the “Find” button.
After the request is processed by the system, relevant information will appear on the screen. But keep in mind that the information provided is approximate; to obtain the exact cost, you must apply for an extract from the Unified State Register to Rosreestr or the MFC State Budgetary Institution “My Documents”. It is very difficult to independently calculate the cadastral value, since the criteria for assessing housing are constantly changing and all the nuances of the calculations are known only to cadastral engineers.
The terms of free privatization will be limited
When does free privatization of apartments in Russia end? Until what time is it valid? The decision on the next extension of the deadline until March 1, 2021 was made by the Government on February 29, 2016 (Federal Law No. 33). According to the Minister of Construction M. Menya, most likely, this deadline will be final .
This is already the fifth postponement of the expiration date of the law on free privatization, however, during its validity, not all willing citizens were able to exercise their right, and in most cases this happened for objective reasons. Let us remind you in what year the privatization of apartments and housing in Russia began; this is already distant 1991.
Numerous appeals from citizens forced the Government to think about another extension. the Ministry of Economic Development opposes such actions . According to the ministry, free privatization leads to the disposal of residential premises from the social fund, which is necessary to provide assistance to socially vulnerable citizens.
Will the privatization of apartments be extended?
Dmitry Medvedev also spoke about the impossibility of endlessly extending the free privatization of apartments at one of the meetings of the Cabinet of Ministers.
S. Razvorotneva, executive director of the NP Housing and Communal Services Control, agrees with this opinion.
She stated that in no other country in the world are there so many apartments owned by citizens.
It would be more expedient to develop a program for non-profit rental of municipal housing, and also to consider the possibility of subletting living space in the private sector with subsidized rent.
Reasons for extension
The authorities made this decision based on the following reasons:
- many citizens living in dilapidated and dilapidated buildings were unable to exercise their right to own housing. They will be able to use it after receiving new apartments.
- Numerous people on the waiting list will also be able to transfer ownership of their apartments after allocating them living space from the state.
- the question of extension also arose in connection and Sevastopol to Russia Residents of these regions could not register ownership of apartments, since different laws were in force in the state.
- the state of the housing market and the crisis situation in the Russian economy also became important factors influencing the Government’s decision. The abolition of free privatization will provoke social tension in the country and will primarily hit socially vulnerable categories of the Russian population.
Thanks to the Government's decision, many citizens will now be able to submit documents for privatization. Queues at government agencies will decrease, the process will speed up and become easier .
Is it possible to do this?
The opportunity to contact the MFC regarding privatization issues appeared relatively recently - in 2013. From now on, citizens can privatize housing not only in local authorities, but also in multifunctional centers.
These centers are, in essence, intermediaries between applicants and authorities . They provide information support, processing requests and papers.
In accordance with Art. 15 Federal Law No. 210 “On the organization of the provision of state and municipal services”, the MFC interacts with the authorities providing services, sends the necessary requests and takes on part of the work of collecting data and documents. This, in turn, greatly simplifies the privatization process for the applicant.
All he needs is to submit a basic list of papers to the MFC and appear after a certain time for the result. And the organization’s specialists will independently perform further actions.
Center employees interact with authorities on the basis of a power of attorney issued by the applicant. A power of attorney allows you to easily collect the required package of documents.
A power of attorney issued to an MFC employee must be certified by a notary.
Developments after the end
Until what year can you privatize an apartment and housing in Russia? How long has housing privatization been extended? From March 2021, citizens will be forced to buy apartments received from the state under social tenancy agreements at market or cadastral value.
The Government has not yet developed
final
procedure , as well as the procedure for calculating the cost of square meters.
There is no answer yet to the question of how the purchase of housing will take place: only by citizens living in it or through announced auctions.
According to the authorities, social rental agreements will be replaced by the Western model of commercial housing rental. Today in the Russian Federation, the provision of housing is indefinite; the tenant can use it for life, as well as his family members registered in the living space.
Having registered in the apartment, the tenant’s relatives become, just like him, legal residents.
This system of providing housing will be replaced by temporary rental of apartments from the state . It will be impossible to register ownership of state-owned apartments.
Possible problems
An official refusal can be obtained in case of careless preparation of documents or lack of necessary confirmation. A communal apartment should be privatized, taking into account the characteristics of a particular property. If it is included in the list of historical monuments, a separate permit from the relevant state committee will be required.
It is recommended to carefully study the question of how to privatize your room in a communal apartment when the house is about to move out (planned demolition, emergency condition of the property). In such situations, it is more profitable to be a tenant under a social contract, since it is assumed that similar housing or a separate apartment will be allocated. Room owners are paid monetary compensation.
If a communal apartment with debts
In this situation, privatization can be done after full fulfillment of financial obligations. All you need is “clean” information about the repayment of all existing debts. Otherwise, it will not be possible to privatize space in a communal apartment.
Privatize without neighbors' consent
Permissions from persons living in the same communal apartment, but in different rooms, are not needed when each room in the communal apartment is registered under a separate social tenancy agreement. Each room in such a communal apartment has a separate tenant with a separate contract.
If the situation is different, you can privatize only after dividing the shares with documentary confirmation from the administration. The procedure is completed by changing the entries in Rosreestr.
When to go to court
Appeal to the court is used if it is impossible to obtain the consent (refusal) of one or more participants in the privatization process. For example, if one of the participants does not agree to privatize, but does not refuse. He will have to be forcibly evicted through the courts.
So, to the question whether it is possible to privatize a room in a communal apartment, the answer is affirmative. If a communal apartment belongs to the municipality and is not a service apartment, it can be privatized under a social tenancy agreement or order.
Read further the article about the general procedure for the privatization of municipal apartments.
Leave comments and ask questions in the comments. To solve complex problems, use the help of an experienced lawyer on our portal.
Don't forget to repost and like to better inform other future homeowners.
For whom will it remain free?
As the State Duma plans, free privatization of housing will not be abolished for everyone . For certain categories of socially vulnerable citizens, the procedure will remain free.
The following persons will have the right to free privatization
- Orphans and children left without care.
- Persons who participated in privatization before reaching adulthood. Once they reach 18 years of age and receive social housing in person, they will be able to register it as their own.
- Military personnel and citizens who received housing under social programs.
However, the list of persons who will be allowed to register housing ownership indefinitely has not yet been approved at the legislative level.
