What can and cannot be privatized?
Residential premises that citizens occupy under a social tenancy agreement are subject to privatization. In accordance with the Law, residential premises in disrepair, in dormitories, in houses of closed military camps, as well as service housing and the housing stock of stationary social security institutions located in rural areas are not subject to privatization, writes the Owner.
The Privatization Law also includes apartments provided to citizens under a social tenancy agreement after March 1, 2005, in the list of residential premises not subject to privatization. But in accordance with the Resolution of the Constitutional Court of the Russian Federation, this norm was recognized as inconsistent with the Constitution of the Russian Federation. That is, an apartment provided under a social tenancy agreement after March 1, 2005 can also be privatized.
The right to privatization is given only once, that is, if a citizen has previously participated in privatization, then when he applies again, he will be denied. At the same time, minors who have become owners of occupied residential premises through privatization retain the right to a one-time free privatization after they reach the age of majority.
Citizens who privatized an apartment, but, having changed their mind, returned the living space to the state, that is, deprivatized it, also do not have the right to re-privatization.
Legislation
The legislation of the Russian Federation includes two main documents related to the procedure for privatization of various forms and types of property.
List of laws:
- Federal Law No. 178 “On the privatization of state and municipal property” establishes the basic concepts and features of the procedure.
- Law of the Russian Federation No. 1541-1 “On the privatization of housing stock in the Russian Federation” establishes the basic principles for the appropriation of various funds in the country.
The state allows the existence of local legal documents that establish the specifics of local privatization. The main condition is that they must not contradict federal laws.
What is needed for privatization?
A huge desire. And it's not a joke. Moreover, such a desire must be expressed by everyone registered in the apartment. As the law states, privatization requires the consent of all adult family members living together, as well as minors from 14 to 18 years old. Privatization by minors from 14 to 18 years of age is completed by them independently with the consent of their legal representatives.
If one of the family members does not want to privatize the apartment, then he must refuse privatization. In this case, the remaining family members can privatize the housing into common ownership. But if a citizen does not want to privatize the housing, and he also does not want to write a “refusal” from privatization, then in this situation other family members will not be able to privatize the apartment.
There may be such a situation: a family wants to privatize an apartment, but one of the family members has already participated in privatization, that is, he has already exercised his right. At the same time, he does not give his consent to privatization and does not write a waiver. Well, such a harmful person has been caught - neither for himself nor for others! Unfortunately, such problems are not uncommon. And the remaining family members have to go to court to solve this problem. Judicial practice on this matter is ambiguous, but still there are decisions in favor of those wishing to privatize.
Thus, in order to privatize an apartment, you must:
— consent to the privatization of everyone registered in the apartment; — refusal to privatize a family member who does not want to participate in privatization; — participation in privatization for the first time, an exception for minor children who have the right to participate in privatization again; - so that the residential premises are subject to privatization.
Registration costs
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Despite the fact that according to the law, privatization is free, you will still need money to complete it.
- The state duty of Rosreestr is 500 rubles.
- Technical passport of housing – 1,000 rubles.
- Certificate of first participation in privatization – 100 rubles.
- Document from the Unified State Register – 500 rubles.
We have provided approximate costs; their amount may vary depending on the region of residence.
Privatization in Moscow
What is the “one window” regime in Moscow?
In Moscow, reception of citizens who privatize housing is carried out in a “one window” mode. This means that for Muscovites, housing privatization is more simplified, since almost all documents will be collected upon request without the participation of the citizen.
Those wishing to privatize an apartment must contact the Office of the Department of Housing Policy and Housing Fund of the City of Moscow in Administrative Districts. One of the adult family members comes to the appointment. At the same time, he will need to have with him originals and copies of identification documents of all family members: for citizens over 14 years old - a passport, for children under 14 years old - a birth certificate.
To verify the principle of one-time participation in privatization, citizens who arrived in the occupied area after September 1, 1991 must provide:
- information about registration at the place of residence (extract from the house register) for the period from September 1991 until arrival at this place of residence; — a certificate from an authorized body confirming the unused right to participate in privatization at the previous place of residence (in case of living outside the city of Moscow during the specified period).
Department employees inform citizens about the need to pay for paperwork (production of BTI documents, execution, if necessary, of a social tenancy agreement, registration of property rights, execution of a notarized power of attorney for submitting documents for state registration) and issue the necessary receipts for this. Next, they send requests to the BTI and other housing organizations in order to obtain the necessary documents. After checking all documents, citizens are called to sign a contract for the transfer of ownership of residential premises.
The signed agreement, at the request of the applicants, can be:
- submitted for state registration to the registration service directly by employees of the Department's Office. After state registration, the registered agreement is issued to the applicant through the “one window” service. This service is paid; - handed over to the applicant for independent actions to register property rights. In this case, you will be able to save a little, since you will not have to make a power of attorney and pay for the state registration service to the employees of the Department.
Contacting the “one-stop shop” service may not always result in receiving title documents. Reasons for refusal may include:
— lack of city rights to privatized housing; — submission of counterfeit documents, documents that have lost their validity, etc.; — refusal of the applicant to pay for services; — re-participation in privatization; — lack of information confirming participation (non-participation) in privatization from other regions of the Russian Federation.
Registration procedure
The first step is the collection of documents that were presented above. Once you have the entire package of necessary papers in your hands, you should contact the competent authority. There you must fill out the forms that will be given to you.
Remember that residents who refuse to participate in obtaining property must provide a written document of refusal, certified by a notary.
Hand over all collected documents to the responsible authority and proceed to concluding an agreement on the transfer of property. Such an agreement is prepared by representatives of regulatory authorities; it is the main document for registering the right to own housing.
After all the above stages, the documents are transferred to Rosreestr. This department deals with registration of ownership of housing and issues new owners a document confirming ownership of the property.
If the apartment has undergone redevelopment
Unregistered redevelopment or refurbishment may complicate the privatization process. In the event of illegal redevelopment, privatization, of course, will not be refused, but negative consequences will still occur. Thus, employees of the Department’s Office in the administrative district, if there are facts of unauthorized conversion in the documents received from the BTI, send a letter to the relevant organization (BTI) and to the applicants about the suspension of privatization. Only after the employer legalizes the refurbishment or redevelopment is the decision to suspend canceled.
You need to know that you do not need to obtain a permit when carrying out the following work: renovation of premises, installation or disassembly of built-in furniture, cabinets, mezzanines, replacement (without rearranging!) of engineering equipment with similar parameters and technical design.
For those who wish to return their housing to the state
This process is called “deprivatization” or “deprivatization,” but the meaning is still the same: the person who has become the owner of the apartment, for some reason, wants to return the apartment to its previous status, that is, return the housing to the state. Let us remind you that this can also be done only until March 1, 2010.
In accordance with the Law, citizens have the right to return the apartment only under the following conditions:
- the residential premises must be the only place of permanent residence; - the residential premises must be free from any obligations (for example, the apartment should not be mortgaged, under arrest, be the subject of legal proceedings, etc.); — all co-owners agree to deprivatization.
If these conditions are met, the authorities do not have the right to refuse to accept the apartment. In this case, the return procedure consists of terminating the privatization agreement, state registration of the agreement to terminate the agreement, and concluding a new social rental agreement with the former owner.
Before taking such a step, it is worth weighing the pros and cons, since once the housing has been deprivatized, it is no longer possible to get it back into ownership!
Types of private property
Private property is divided into 2 types:
- Individual . Only 1 person acts as the owner.
- General . The owners are 2 or more persons.
Common property is also called shared property. The owners divide the parts of the housing among themselves, owning each separately. Most state apartments are privatized into common ownership - all permanent residents become owners.
What are the pros and cons?
What are the advantages of privatization:
- citizens who have become owners of residential premises own, use and dispose of these premises at their own discretion, they have the right to sell, bequeath, lease, pledge, and also make other transactions not prohibited by law. The employer does not have the right to carry out these transactions; - the owner has the right to register any person in the apartment, while the tenant in some cases must obtain the consent of the landlord - the owner of the apartment; — it is almost impossible to take away an apartment from the owner, while a tenant can be evicted, for example, for illegal actions (violating the rights of neighbors, not paying rent, etc.). At the same time, he may be evicted to another residential premises, which may be worse than the one occupied; or maybe without providing other housing at all.
If the owner leads a lifestyle that will disturb the neighbors around him, then all that can be done with such a person is to evict him through the court and sell the apartment at public auction. In this case, the proceeds from the sale are returned to the former owner, minus the costs associated with the auction.
What are the disadvantages:
— for your own housing you will have to pay a property tax for individuals, which must be paid to the owners of residential premises. Employers do not pay this tax. This tax is paid annually. The specific amount of tax is established by local representative authorities. The tax rate ranges from 0.1 to 2.0% and depends on the value of the property. The inventory value of the property is taken, i.e. the amount indicated by the BTI. In principle, the tax amount is not that large, but that’s it for now. In the future, it is planned to calculate the tax not on the inventory value, but on the market value of the apartment. Then this tax will increase significantly and hit the pockets of many citizens;
— for the owner of a residential premises, the cost of utility bills is slightly higher than for the tenant.
In Moscow, one more fact can be attributed to the advantages of social rent (and, accordingly, to the disadvantage of home ownership). If the house in which the tenant lives is subject to demolition, then he is provided with living quarters within the limits of provision for one person. The provision rate is 18 sq. m per person. For example, a family of 4 people occupies an apartment with a total area of 50 square meters. m on the basis of a social tenancy agreement. The house is being demolished, which means the family is entitled to an apartment with a total area of at least 72 square meters. m. The owner is provided with equivalent residential premises. Let’s say that if he occupied a 1-room apartment, he will receive the same 1-room apartment.
Kinds
The classification of the phenomenon is based on what type of property will be alienated in favor of an individual or legal entity. Such types are established by legal acts and have some features.
Types of procedure:
- privatization of residential areas occurs free of charge and can only be carried out for citizens registered there;
- land appropriation is carried out under various conditions, which you need to learn about from local authorities;
- state corporations and other property - this type is possible only on a reimbursable basis.
Depending on the category of the previous owner, two more types can be distinguished: municipal and state. However, the legislative differences between these types are minimal.
