What is the difference between a municipal apartment and a privatized one?

“The neighbor said that I am obliged to privatize the apartment, otherwise the state will take it away from me. She talks about her friends who were allegedly fined, had every penny taken from their accounts, and then were evicted “to nowhere” by the police.

But I have been living in my apartment for 35 years, paying bills and other utilities, I have no time to deal with this issue. Tell me, am I really obliged to do this?

My dear reader. The opportunity to privatize the apartment in which you live, that is, to register it as personal property, appeared more than 20 years ago. However, no one obliges you to do this.

And even moreover, some owners of privatized apartments want to deprivatize them. What's the matter? Which apartment is more profitable to live in – municipal or privatized? Let's figure it out.

What is the difference between a municipal apartment and a privatized one?

Privatized and non-privatized housing - advantages and disadvantages August 30 Privatization in our country has been going on for more than twenty years. At the same time, another 4 million apartments in Russia remain non-privatized. There are about thousands of them in Moscow alone. Now you can privatize your square meters for free until March 1 of the year.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Privatized and non-privatized housing - advantages and disadvantages

VIDEO ON THE TOPIC: Inheritance of a non-privatized apartment

According to the Federal Law of the Russian Federation from Despite the deadlines that are running out, there are still those among the residents who are considering the issue of privatizing their apartment. Within the framework of this material, we will try to understand the pros and cons of privatization and give the opportunity to think about whether it is worth leaving the apartment non-privatized at all?

Privatization is the voluntary transfer of municipal residential premises into the ownership of a public housing tenant. After the privatization of the apartment is completed, a certificate of registration of ownership will serve as proof of ownership of the occupied residential premises.

This is important to know: Money secured by a non-privatized apartment

From the moment the apartment is privatized, the owner has the right, along with the rights of ownership and use, to dispose of the apartment. Housing can be privatized once, either for one or for several persons who have not previously participated in privatization, including minors. Living in a municipal apartment, the tenant is completely limited in the right to dispose of housing.

The apartment is state property, which means that for non-payment of utility bills, or as a result of the death of the responsible and only tenant included in the order, the housing will be transferred to the landlord, i.e.

By entering into ownership of housing, this is perhaps the main plus in the direction of privatization of housing. It is almost impossible to evict from a privatized apartment; we are talking about eviction for debts. Irresponsible payers or persons who for some reason do not pay utility bills cannot be forcibly evicted by law. The law provides for the repayment of debts at the expense of the seized property, the remainder of which is returned to the owner of the apartment.

If the debtor lives in a municipal apartment and does not pay for utilities, the law establishes a procedure for eviction of a persistent defaulter into a residential premises that meets the general standards of a dormitory of 6 square meters.

Along with this, the owner of a privatized apartment has every right to sign in and out of anyone at his own discretion. The opportunity arises; we are not currently considering exceptional cases of evicting your ex-spouse, who lived in the apartment before the divorce. A privatized apartment, unlike a non-privatized one, can be bequeathed or inherited in accordance with the legislation of the Russian Federation.

In case of receiving a loan, a citizen has the right to pledge a privatized apartment to secure the obligations given to the bank. And finally, redevelopment can be carried out in a privatized apartment, which is sometimes almost the only way to improve living conditions. According to realtors and official representatives, there are fewer and fewer citizens who have not yet privatized their homes. However, some negative aspects that will follow privatization may puzzle the remaining percentage of those on the fence.

And in general, it is not without reason that among the significant advantages of privatization there are also disadvantages. For example, it is unprofitable to privatize housing in the event of an emergency condition of a residential building. The fact is that when resettling a dilapidated house, the legislation provides for norms according to which each registered family member living in a dilapidated house, or a family requiring improved living conditions, is entitled to 18 square meters. If a family lives in a communal apartment, it is not at all profitable for them to privatize their home.

Practice shows that obtaining rights from the municipality to improve living space is much easier than selling a communal apartment or a dorm room in the case of a privatized apartment. The next disadvantage of a privatized apartment is the increase in payments, which include payment of annual property tax and fees for the maintenance and repair of common property.

Thus, a privatized apartment can be considered a burden for lonely elderly citizens who can only rely on their own strength. They have no need to pay property tax, because soon this same property will be transferred to the state. And finally, the privatized apartment is inherited by law by all heirs in the event that there is no will.

Therefore, if you want to see a certain person as the owner of your apartment, you should take care and draw up a will, which is a rather troublesome process. It turns out that not all residential premises can be privatized. For example, square meters located in a dilapidated building, dormitories or office premises are not subject to privatization.

Exceptions are made for office premises related to the housing stock of state farms and enterprises in rural areas, equated to their housing stock. Along with these rules, there are others, according to which premises included in the reconstruction or modernization plan can be privatized.

What will happen if you don’t privatize the apartment? According to experts and lawyers, the danger of losing a municipal apartment in the event of non-privatization during the given period is minimal. This category of residents will have the status of tenants with the obligation to pay for the rental of residential premises in accordance with the tariffs established by the municipality. Alena Narignani, Alesya Dovlatova Housing and communal services. The whole truth about how we are being deceived.

All news State real estate: what is it? How is it different from municipal and privatized? Today we will talk about an interesting phenomenon - state real estate in Russia. What applies to state real estate? How is it related to state functions of maintaining cadastral records and registering rights to real estate? How is the sale and rental of state real estate carried out?

Property: features, pros and cons

Provided that if we consider state property, the role of manager of such property is a separate department, for example, the Ministry of Defense, or a municipal formation.

Difference in payment for privatized and non-privatized apartments

Privatized apartment: features of sale and purchase How to sell or buy a privatized apartment without risks, problems and complications Anastasia Shvets Checks apartments before transactions Legal status of privatized housing In Russia you can live for free in a state or municipal apartment under a social tenancy agreement. Such apartments cannot be sold or bequeathed. Privatization is the free transfer of municipal and state apartments to the people who live in them. After privatization, the tenant becomes the full owner of the apartment and can dispose of it as he wants: sell, rent, mortgage, donate, remodel, or inherit. Shared ownership. If several residents participate in privatization, the apartment becomes shared ownership - all people registered in the apartment are given shares. This means that all owners will have equal shares, which they can dispose of as they wish.

This is important to know: How to privatize a municipal apartment in 2021

Steps to take to privatize an apartment: where to start?

What does a citizen need to privatize property? an action algorithm specifically for this .

1. Check with the administration what documents need to be collected.
2. Collect the entire necessary list of securities.
3. Submit a corresponding application to the administration.
4. Wait for review and a satisfactory solution.
5. Conclude an agreement on carrying out this procedure.

So, we have privatized, what to do next? Once the process is completed, all that remains is to issue the appropriate documents confirming ownership.

Important! If the administration refuses to grant the right to register housing as a property, it is possible to go to court with a statement of claim to appeal the decision.

After the re-registration procedure has been completed, the property can be disposed of as property, free sale immediately becomes available, only property tax must be paid immediately after the housing is transferred to direct ownership.

State real estate: what is it? How is it different from municipal and privatized?

Acquiring rights to own an apartment allows you to use and dispose of the property at your own discretion. Houses and their parts, apartments, certain shares, and rooms are subject to privatization. It is important that the property is classified as state or local government property. This legal procedure is complex and requires compliance with a certain procedure and the collection of a large number of documents. The final stage of privatization is mandatory state registration of the transfer of ownership. Why is apartment privatization necessary?

What is social housing and who is it for? How to get on the waiting list for social housing? What documents are needed? Is it possible to give, bequeath or rent out a municipal apartment? All housing in Russia is divided into four categories: specialized, privatized, private and social. The owners and managers of such housing will not be tenants, but state, municipal, and non-profit organizations. A person living in an apartment or house is not the owner, and therefore cannot give or bequeath such real estate. Is it possible to privatize a dorm room?

Social tenancy agreement

The standard form of the DSN is contained in the Decree of the Government of the Russian Federation dated May 21, 2005 No. 315.

This document must contain information about the housing provided, the persons moving into it, and establish the scope of authority of the parties.

Changes to existing agreements are made in accordance with the norms contained in the Housing Code of the Russian Federation:

1. Tenants of premises in communal housing, under separate contracts, are given the right to draw up a common document for the premises they occupy if they have become members of the same family (for example, got married).
2. If there is the consent of the apartment residents and the authorized body, the social tenancy agreement can be reissued to any of the legally capable residents; a similar rule applies in the event of the death of the tenant.

The agreement on social rental of an apartment is terminated:

• By agreement between the parties;
• In case of gross violation of the terms of the contract by the employer;
• When the use of the premises is impossible due to the demolition or reconstruction of the house, seizure of the land plot (in such cases, another apartment is provided under a new contract).

Termination of the LTO at the initiative of the body providing housing is possible only in court.

How does a privatized apartment differ from a non-privatized one?

But there are still citizens who prefer to rent living space under social tenancy agreements. There are also frequent cases of deprivatization of previously registered housing. In this article, we will consider what advantages and disadvantages a non-privatized apartment has. This information will allow you to understand in more detail and decide whether it is worth privatizing your housing.

Of the entire list of non-privatized housing, only municipal properties can be transferred into ownership. How to determine their status? Typically, information about the owner of the apartment is specified in receipts for payment of housing and communal services. The second option to find out the owner of square meters is to make a request to the Unified State Register of Real Estate. You can also use the online service of Rosreestr. It is enough to know the cadastral information and the address of the desired apartment. The service will provide up-to-date information. What is the difference?

Who can apply?

According to paragraph 2 of Art. 49 LCD citizens who are recognized as low-income and in need of housing can count on municipal housing. The procedure for recognition as such is determined in the manner prescribed by the law of the subject of the Russian Federation, based on the family’s income and the value of the property they own. In this case, the family must be registered with the municipality as needing housing.

The following preferential categories of the population can also obtain a temporary place of residence under a social tenancy agreement:

• orphans without official guardianship;
• citizens resettled from premises recognized as unsafe;
• citizens who lost their housing as a result of natural disasters;
• military personnel;
• forced migrants recognized as such in accordance with the law of February 19, 1993 No. 4530-1;
• war veterans and participants in the elimination of man-made disasters;
• citizens who moved from the Far North;
• persons with chronic diseases that pose a danger to others.

The main differences between a privatized apartment and a non-privatized one

According to the provisions of Federal Law dated December 29, 2004 N 189-FZ “On the implementation of the Housing Code of the Russian Federation,” free privatization of housing will be stopped from March 1, 2016. Despite the pressing deadlines, many citizens are still wondering whether they need privatization of their living space.

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Let's consider the pros and cons of this process, as well as how a privatized apartment differs from a non-privatized one. In order to understand whether privatization is needed or not, you need to understand how these concepts are different and what is better.

First of all, you can never be evicted from a privatized apartment, even for debts on housing and communal services. You fully have the right to dispose of your property, and after privatization it will become so.

That is, you can then donate it or bequeath it as an inheritance.

Now let's look at this issue in the same way if your apartment or dacha is not privatized. Living in a municipal apartment under a social tenancy agreement, you will not be the owner, but the tenant, and the right to dispose of the apartment will be quite limited.

For failure to pay utility bills from non-privatized housing, you can be evicted, but with the provision of other housing.

The difference between a privatized and a non-privatized dacha is that you cannot donate or bequeath; after the death of the tenant, it passes to the municipality.

If you took something on credit:

• you can include a privatized apartment as collateral in the loan agreement;
• This cannot be done with municipal property.

Another difference between a privatized and a non-privatized apartment is that you can do redevelopment to expand and improve your living conditions. In municipal property, this is only possible with the consent of the landlord.

If you made a redevelopment without obtaining the owner’s consent, you may be evicted without the right to be provided with other housing.

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What is the difference between privatization and property rights interests many people who are planning to purchase housing in the near future. Despite the fact that the concepts are very similar to each other, they still have a number of fundamental differences. Let's figure out which ones exactly.

What is housing privatization

Privatization should be understood as the transfer of housing from municipal property to the ownership of the tenant, who as a result becomes the owner of this housing.

After privatization is completed, the citizen receives a certificate of registration of ownership.

Only after this the owner will have the right to own and dispose of the apartment. An apartment can be privatized either for one person or for several persons, provided that they do not already have another privatized apartment.

pros

If a citizen lives under social rent, he is limited in his actions regarding the disposal of this housing. This means that in the event of non-payment of utilities or as a result of the death of the tenant with whom he lives, the apartment is transferred to the municipal authorities.

With privatization, on the contrary, you have full right to dispose of the apartment - you can exchange or sell it. And this can be considered a plus of this process.

If you have privatized an apartment, you can be sure that they will not be able to evict you from it, even for debts.

Another advantage of this process is the ability to check in and out of the apartment:

• family members;
• other persons at its discretion.

Minuses

Looking through the assessments of realtors, it must be said that the percentage of citizens who have not privatized apartments is becoming smaller. However, some disadvantages of this process may make the remaining percentage of people wonder whether they really need all this.

This is important to know: Check the ownership of real estate

Among the above advantages, privatization also has the following disadvantages:

1. If you live in a communal apartment, it is not particularly profitable to privatize it. In this case, it is better to get the local government to improve living conditions than to later sell this privatized apartment.
2. Another disadvantage is the increase in the cost of payments, which includes property tax, fees for the maintenance and repair of common property. In this case, having privatized such an apartment, it will be a burden to you, this applies to lonely old people. Why pay tax? If they have no relatives, and the apartment will still go to the state after their death.

Can a wife be registered with her husband in a privatized apartment without consent? See here.

Negative sides

After a person becomes an owner, he automatically participates in market relations.

Important. In addition to legal rights, a person also receives the obligations of a property taxpayer.

In addition, they have the following responsibilities:

1. Maintenance of common property. This applies to any type: house, apartment, legal entity.
2. Payment of utility bills at inflated prices. Exceptions include beneficiaries: large families, pensioners, etc.
3. Funds are allocated for major repairs in an apartment building.
4. Independent registration of inheritance if you plan to transfer living space. Otherwise, the share of square meters goes to the state.

What is the difference between a privatized apartment and a non-privatized one?

The main differences between a privatized and a non-privatized apartment are:

• the right to dispose of property;
• the inability to evict the owner even if there is a debt for utilities;
• the opportunity to donate or sell an apartment;
• Living conditions can be improved through redevelopment.

As a result, it turns out that after privatization you are the full owner of the property, while the tenant has some superficial powers over the apartment.

But it is worth noting that the rights of the tenant are protected by the state, and he can be evicted only in the cases listed in Article 83 of the Housing Code of the Russian Federation.

Another disadvantage of privatization is the risk of loss of property (flooded, burned, destroyed in an explosion), for which the owner is responsible, and in case of non-privatized housing, the state.

In this case, there is only one way out for the owner - to insure his property.

Possibility to dispose

When privatizing an apartment, you become the full owner for a certain fee, which you will spend on processing all the documents, and then only if you exceed the established area of ​​​​the housing.

But after that, you can flat:

• sell;
• give;
• to rent;
• include in the will;
• leave as collateral under the loan agreement.

In this case, I would like to explain everything in detail using an example. So, if the apartment is privatized, then if the grandmother wants to give her only granddaughter an apartment, it will be enough to write a will. If she does not write it, then by law it will still go to her as the only heir, for example, or to another relative who, by law, will be first in line.

And in the case of a non-privatized apartment, this example will have the following result: it is necessary to register the granddaughter in the apartment long before death. But, in this case, the granddaughter will be deregistered from her actual place of residence. Agree, this is quite difficult.

In addition, when a second person registers, the rent payment will increase. In this case, it will be expensive for the grandmother, or the granddaughter should help in this case.

And if the grandmother, for example, changed her mind, what to do, because deregistration is carried out only with the consent of the registered person. Therefore, in this case, the option of a privatized apartment is better. Grandma will simply rewrite her will.

Security of property

In this case, the security of ownership is revealed in the fact that the owner is considered a broader concept than the employer. Accordingly, the first has more authority over the apartment.

Eviction of the owner, as mentioned above, is impossible, but the tenant can be evicted only on the basis of housing legislation and only by court decision. In some cases, the tenant must be provided with other housing - non-payment for housing and communal services, for example.

No other accommodation is provided in the following situations:

• the employer is deprived of parental rights and, by court decision, has no right to live with the child;
• use of housing for other purposes;
• violation of the interests and rights of neighbors.

This means that if the tenant is a tidy person who pays utility bills on time, then it will not be possible to evict him.

As for the will, if you want to see a certain person as an heir, then it is worth privatizing the apartment and writing a will.

How to discharge your ex-wife from a privatized apartment? Read here.

Who should change risers in a privatized apartment in 2018? Read more in this article.

Comparison

The ability to take over ownership of housing from the state provides important advantages. If before such a transaction a person was very limited in carrying out any transactions with housing, then after the procedure he is free to perform any desired actions in this regard.

Someone, for example, decides to bequeath or donate a privatized apartment. Others sell such real estate for material gain or pledge it to a bank when taking out a large loan. All this is in no way contrary to the law. Meanwhile, such actions cannot be taken in relation to housing owned by the state.

The difference between a privatized apartment and a non-privatized one is also that in the first case a citizen will not be forcibly evicted due to accumulated debt for utilities. In such a situation, they can only seize the property. But if the apartment is not privatized, then for the above and other reasons the authorities have the right to take it away and provide in return premises that meet the size of the hostel standards.

The person himself decides who to register in the apartment registered in his name. In addition, if a will is not drawn up for it and the owner dies, then the housing automatically passes to the heirs in the manner prescribed by law. At the same time, anyone who uses a non-privatized apartment must take care of writing a will in advance if he wants these square meters to be transferred to a specific person in the future, and not to go to the state.

It should be noted that privatization is most often a profitable deal. But at the same time, there are cases when it turns out to be inappropriate. For example, it is most likely not worth taking such a step to sell a communal apartment. There is still a chance to get help from the authorities to improve the existing conditions, but you can wait a long time for someone to buy such housing without success.

The system of necessary payments for a particular housing status has its own characteristics. Let's consider what the difference is between a privatized and non-privatized apartment, if we compare them from this position. Thus, ownership of private living space entails the obligation to pay property tax. Here you also need to pay your own money for repairs and other maintenance.

In the case of municipal housing, the user is exempt from such expenses, but he will have to pay a certain amount for rent

It is important that for low-income citizens living within the walls of state property, some payment benefits are provided. In general, for a single person, without potential heirs and not too rich, obtaining personal ownership of living space may be unnecessary

What else can make you doubt the need for privatization? Knowing that in the event of various undesirable incidents, such as a fire or collapse, owners of private apartments can only rely on themselves. It is best to insure such property. And if an unpleasant situation occurs with municipal property or the house is demolished, the former residents receive other housing in return, sometimes even more spacious. The second option is monetary compensation.

Premises not subject to privatization

Not all real estate can be privatized. Thus, the following are not subject to privatization:

• apartments located in a dilapidated building;
• apartment in a dormitory;
• office premises.

Thus, the article pointed out all the pros and cons of privatization; it’s up to you to decide. However, remember, if you want to give or receive additional income from renting out an apartment, you need privatization.

If you are single and have no relatives, there is no need to privatize the apartment, because it will still go to the municipality.