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Buying a privatized apartment requires certain knowledge and skills. Everyone decides for themselves whether to do this on their own or trust an experienced realtor. If you decide to do it on your own, then first of all check the title documents for the residential premises. These include: a certificate of state registration of rights or an extract from the unified state register of real estate, as well as a foundation document.
What is privatization?
Privatization of an apartment is a free transfer of residential premises, which previously belonged to the municipality, into the ownership of citizens (Article 2 of the Law of the Russian Federation of July 4, 1991 No. 1541-1).
The basis for privatization is a social tenancy agreement. All registered persons, including minors, have the right to participate in privatization. The residential premises are divided in equal shares between all parties to the transaction. Persons who previously participated in privatization cannot participate again (with the exception of minors under 18 years of age).
Help: By purchasing a privatized apartment, you get the same advantages as from purchasing any other apartment. Subsequently, you can sell it, exchange it, donate it, register it to other persons, etc.
Apartment purchase
A brief diagram for those who are planning to purchase a privatized apartment looks like this:
- The buyer's side makes a choice in favor of a particular home.
- A preliminary agreement is signed (if necessary) between the buyer and seller, which stipulates the advance payment, the timing of the full execution of the transaction and the cost of housing. It must be accompanied by documents required for the transaction.
- The buyer checks the papers.
- The main contract is being drawn up.
- It is signed by the parties, money is transferred.
- A transfer and acceptance certificate is drawn up and signed.
- The documents are submitted to the Registration Chamber, where state registration of the transfer of rights to the buyer must be carried out.
- Within the period specified in the receipt for receipt of documents, you can pick them up - after this, the registration of the transfer of rights will be officially formalized, and it will be recorded in the state real estate register that the owner of the property has changed.
Documentation
It is necessary to collect documents, prepare a purchase and sale agreement and register the transaction with the MFC. Such documents include:
- Owners’ passports or other identification documents of sellers. For minor children (under 14 years of age), birth certificates are required.
On June 2, 2021, a law came into force according to which all transactions for the sale of an apartment with shares are executed only through a notary (Federal Law dated June 2, 2016 No. 172). If the apartment is owned or jointly owned, then you can draw up a purchase and sale agreement yourself. - Title documents for the apartment. These include: a certificate of state registration of rights or an extract from the unified state register of real estate, as well as a privatization agreement. Notarized consent of the spouse is not required when selling a privatized apartment.
- Certificates from the Housing Office. From a passport specialist you can order an extract from the house register, which contains information about all registered persons. A certificate is obtained from the accountant indicating that there are no debts on utility bills. The owner must also provide a receipt for payment for major repairs.
Important! If the apartment was acquired by the seller as a result of privatization, then all registered persons not participating in the transaction must sign out of it.
Add. mortgage documents
- Extract from the Unified State Register of Real Estate. In a notarial transaction, this document is ordered by a notary, but in a mortgage transaction, the bank’s credit manager can order it or ask you to do it yourself.
- Technical passport or description of the apartment. This document will be required to draw up an assessment, as well as to check the apartment for the absence of illegal redevelopment. Ordered from BTI.
- Estimation of the cost of the apartment. When purchasing an apartment with a mortgage loan, the bank will require an assessment of the property being purchased. The apartment will be pledged to the bank until you repay the mortgage.
These documents are quite sufficient to draw up a purchase and sale agreement and register the transaction.
What documents are needed to sell a privatized apartment?
The list of documents for the transaction will depend on whether you are a Seller or a Buyer. How so? Isn't it the same for both?
The fact is that the Seller, in order to sell his privatized apartment, needs the very minimum of documents necessary only to register the transfer of ownership.
But the Buyer (if he is a reasonable person) will require additional documents from the Seller in order to find out some details that will reduce the risk of the transaction being declared invalid.
Total, list of documents for the purchase and sale transaction of an apartment (including privatized):
- from the position of the Seller - see the INSTRUCTIONS for the Seller at this step
- from the Buyer's position - see at this step .
For the same reason, the terms of the Apartment Sale and Purchase Agreement must be monitored by the Buyer much more carefully than by the Seller. In particular, the conditions for the removal of all residents from the apartment, the conditions for cash settlements in the transaction, the conditions and terms for the physical transfer of the apartment, etc.
A sample Purchase and Sale Agreement for a privatized apartment can be downloaded HERE (SERVICES).
Tax on the sale of a privatized apartment
What tax will the Seller have to pay on the sale of a privatized apartment?
Here the tax amount will depend on the period of ownership of the apartment, i.e. from the period from the moment of its privatization to the moment of its sale. If the Seller owned the apartment for more than 3 years , then he is completely exempt from paying tax.
If the Seller owned the apartment for less than 3 years , then when selling it he will be required to pay personal income tax of 13% .
From what amount this tax is calculated and how it can be reduced by applying a tax deduction is described in a separate Glossary article at the link.
How do alternative transactions with apartments take place? What is the procedure there? – see the link.
Registration and registration
Before registering property rights at the MFC, pay attention to the terms of the agreement, namely:
- data of sellers and buyers;
- data on the property;
- apartment price and payment procedure;
- registered persons;
- procedure for vacating an apartment;
- act of acceptance and transfer of residential premises;
- permission from guardianship authorities (minor children);
- notarized power of attorney for sale (if it is not the owner who is selling);
- additional conditions as agreed by the parties.
Having prepared the purchase and sale agreement and checked all the data, you need to register the transaction with the MFC. To do this you need:
- make an appointment for a specific date and time;
- hand over documents to the center employee;
- pay a state fee of 2000 rubles;
- receive a receipt for documents acceptance.
The statement will indicate the date when you can pick up the registered documents. From this moment you become the owner of the apartment. The entire process of collecting documents, completing the purchase and obtaining ownership rights to a residential premises takes no more than a month.
Main risks
How to reduce the risks of buying a privatized apartment? To answer this question, you need to know what they are.
Refuseniks
The residential premises are owned by one person, and the remaining residents have written a refusal to privatize, but are registered in the apartment. In this case, it is necessary that before registering the agreement:
- all persons not participating in the transaction have checked out of the apartment;
- or have undertaken notarial obligations to deregister;
- or personally wrote an application for deregistration.
Otherwise, it's worth considering other options.
Attention! All persons who are not the owners of a privatized apartment, but who are registered (refuseniks), have the right of indefinite residence. You will not be able to write them out, even through the court.
The owners are minors
In this case, it is necessary to obtain permission to sell from the guardianship and trusteeship authorities. It is issued if the children’s rights are not violated, that is, they are or will be provided with another living space. The basis for issuing such an order may be the improvement of living conditions, the departure of relatives or a change of place of residence.
From January 1, 2021, all transactions with minor children are executed only through a notary (Federal Law No. 391 dated December 29, 2015). It is he who is responsible for the correctness of the transaction and registration.
Children registered
The most common case is the privatization of an apartment by parents with registered children. It is advisable that all of them be written out before registering the contract. If this does not happen, then in the purchase and sale agreement, a separate clause stipulates the seller’s obligations to deregister all family members.
If the apartment is in common joint ownership, then the transaction does not fall under the notarial category. Also, permission from the guardianship and trusteeship authorities is not required.
Important! Before purchasing a privatized apartment with registered children, be sure to order an extract from the house register. If at the time of privatization of the residential premises children had registration, but were not included in the privatization, then their rights were violated and it is not recommended to buy such an apartment.
Problematic owners
When purchasing such housing, always order an extract from the house register, find out who has the right of residence, but is not currently registered in the apartment. It can be:
- persons conscripted into the armed forces;
- persons serving sentences and in prison;
- missing.
It is advisable to refuse to buy such an apartment.
What else should a buyer check?
Check your apartment documents and passport expiration dates. If the documents are damaged and difficult to read, then ask to order duplicates. This can be done by submitting an application to the MFC. If your passport is expired, wait for it to be replaced.
