When the privatization of housing in which your family has lived for many years is called free, it means that you do not buy the apartment from the state at the market or fixed cost per square meter, but convert it into your property free of charge. Plus, you don’t have to pay 13% personal income tax, which would be inevitable when buying a home.
However, this procedure cannot be called completely free. All kinds of bureaucratic procedures (obtaining certificates, extracts, plans) and fees for processing documents have not been canceled. In some cases, the costs can be quite significant.
Legislative aspect of the issue and latest news
In 2021, in the spring, housing privatization will become paid. Until March 1 of this year, it was possible to privatize an apartment completely free of charge, that is, the property belonged to the state or local governments. And having collected all the necessary documents and gone through the entire privatization process, you could register the housing in your own name.
This procedure is officially considered free , but additional costs for paying lawyers and collecting all the necessary certificates and documents still require certain financial investments.
And now, from March 1, it will be possible to register housing as your own only by purchasing it. Free privatization will remain available to children living in orphanages and residents of the Republic of Crimea until next year.
Deprivatization
What is it? Voluntary abandonment of one’s own apartment is practiced in most cases due to family conflicts - when there is a need to “exclude” one of the owners. For example, previously the son-in-law, the daughter’s husband, participated in the procedure. But the couple separated some time later.
In order to purchase premises at the cadastral price, businessmen need to enter into a lease agreement with the local administration for a period of 3 years or more. You can try to purchase some state real estate at special auctions, but not at cadastral value, but at market value, which is usually 10-15% higher.
Cost for self-registration
The privatization procedure itself is completely free, but you will have to pay for obtaining a huge number of certificates and collecting all the necessary documents :
- Extracts from the house register;
- Personal account;
- Extracts from the BTI and the state register;
- A copy of the housing order (about 100 rubles);
- Drawing up a new technical passport;
- Payment of state duty in the amount of up to 2000 rubles.
In addition to the mandatory expenses just listed, you will also have to pay the following expenses :
- Certification of all certificates and extracts in a notary office.
- Services provided by lawyers in various instances in collecting the necessary documents and certificates.
Mandatory privatization costs
You will have to pay the following:
- Drawing up a technical plan (perhaps the most significant part of the costs, depending on the region of residence and the area of the apartment, the cost of a technical plan can range from 1.5 to 15 thousand rubles)
- Cadastral passport (200-300 rubles)
- State duty for registration of property rights (2000 rubles, divided among all family members participating in privatization)
Naturally, these costs cannot be compared with the market value of housing, even in regions where it is extremely cheap. So privatization can rightfully be called free.
Through an agency
Many citizens do not have a lot of free time or simply do not want to spend their vacation collecting all kinds of certificates and documents. Therefore, they turn to notary offices or legal agencies for help in this matter. This procedure is more expensive than completing privatization on your own, but it saves significant time and will be completed in accordance with the law.
There are practically no errors with this method of privatization. The main thing is not to fall into the web of scammers who will take money for work, but privatization will never be completed.
When you contact an agency for help, you will have to pay :
- In big cities from 21 to 36 thousand rubles.
- In small towns and on the outskirts from 11 to 16 thousand rubles.
This amount will have to be paid during normal privatization. If it goes through the court, you will have to pay many times more.
to go to court if there are some discrepancies between the apartment and documents, that is, technical passports, plans or drawings do not correspond to the layout of the apartment, or if permission from family members cannot be obtained.
In controversial cases, the cost of legal services :
- Realtor services up to 15 thousand rubles.
- The layout of the apartment does not coincide with the BTI drawings, the cost is from 11 to 16 thousand rubles
If there are no difficult or controversial situations, and regular privatization is underway, you will have to pay about 21 thousand rubles for the services of all workers in collecting and processing papers.
Apartment price
Cost How much does paid privatization of an apartment cost? There are no exact mechanisms for determining the price of apartments for paid privatization yet. It is assumed that its value will be calculated based on the cadastral value of the object , which is close to the market price.
- Who has the right to re-privatization
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
Urgent processing
This process can last up to 6 months; to speed it up, you can contact private notary offices or the MFC.
These organizations will help you complete the privatization of housing in the shortest possible time.
Documents required for privatization of an apartment:
- warrant for an apartment;
- a document confirming the identity of the citizen living and registered in this housing;
- certificates and documents from the BTI;
- certificate from the Housing Office;
- payment of state duty (payment receipt);
- personal accounts for paying utility bills (there should be no debts);
- statement of request for ownership rights.
There are different life situations, some of the residents left a long time ago, but were registered at this address, long-dead people are registered, children under 18 live in the apartment. All such situations require certificates from the relevant authorities. To privatize one of the rooms in an apartment, you need the written consent of all residents. If the room is located in a dormitory, then you do not need to take permission from your neighbors.
By contacting specialists, the privatization period will be reduced to 3 weeks. This is after submitting the entire list of documents given above. Within 20 days, the owner of the apartment will be issued a certificate of ownership.
But the period for collecting documents takes:
- In BTI for urgent privatization within 7 days.
- At the MFC within a month (from the date of submission of the request).
The cost of privatization depends on the number of certificates and documents that will need to be provided to register the apartment.
The price of urgent privatization also depends on the organization that will handle the entire process. This payment amount will vary from 5 to 31 thousand rubles.
How to do it again?
If a citizen previously participated in privatization as a child, the participation procedure is standard:
- It is necessary to collect a package of documents and submit an application to the local unit of local authorities involved in managing the housing stock.
- A transfer agreement is signed between the citizen (or citizens if several residents are involved in privatization) and the municipality.
- After the agreement is signed, all new home owners submit an application to Rosreestr for registration of a new right in the Unified State Register of Real Estate in the manner prescribed by the Federal Law “On State Registration of Real Estate” No. 218-FZ. The application is submitted directly to the local branch of Rosreestr, through the MFC or by mail (but in this case, all documents must be notarized).
- Rosreestr makes an entry in the Unified State Register of Real Estate. After this, the applicant receives an extract - and can safely exercise all the rights that the Civil Code and Housing Code of the Russian Federation provide to the owner of a residential premises.
In the same case, if privatization is carried out for a fee by purchasing an apartment from the municipality, one should be guided by the norms of Law No. 178-FZ . Typically the order is as follows:
- It is necessary to register as a bidder, submit an application and attach the necessary set of documents to it.
- You need to make a deposit (for example, when selling municipal apartments in Moscow it is 2% of the starting auction price).
- Go through the auction and win it by offering the most favorable price.
- Conclude an agreement for the purchase and sale of an apartment.
- Register ownership of the apartment in the manner described above.
Watch the video about re-privatization:
Re-privatization
By proxy
A power of attorney in this situation is necessary if the future owner of the home is in the hospital or has a limited amount of free time to collect all the necessary papers.
The cost of a power of attorney starts from 502 rubles. and higher. It all depends on the notary’s office, which will complete the privatization transaction and draw up a power of attorney.
If it is not possible to come to the notary in person, you can call him to a place convenient for the principal, but, of course, you will have to pay extra for all these services.
also depends on the type of power of attorney:
- Simple power of attorney (from 101 to 502 rubles).
- General power of attorney (from 801 to 2001 rubles).
When drawing up a simple power of attorney with the right to another person to privatize an apartment, the future owner of the living space is obliged to provide the notary with his own passport and documentation that will confirm the existence of the right to occupy this living space.
Special attention should be paid to the fact that the drawing up of a notarized power of attorney is carried out on special paper, and after the execution of this document, data about it must be entered into the proper register of powers of attorney.
A general power of attorney takes into account the further sale of the privatized home, since the owner of this document receives almost unlimited rights, allowing him to collect documents, put his own signatures, etc.
The execution of this document is carried out only by an authorized notary company, since no seller or buyer will deal with a person whose documents do not contain any details.
In addition, the execution of this kind of power of attorney in the presence of a notary makes it possible to provide an additional guarantee that the applicant has agreed to its preparation of his own free will.
Nuances
Thus, one could come to the conclusion that you can participate in privatization a maximum of two times: once as a child, the second time as an adult. However, not all so simple.
The fact is that Law No. 1541-1 speaks of privatization - but only free of charge. But in addition to this law, Russia also has the Federal Law “On the Privatization of State and Municipal Property” No. 178-FZ. According to Art. 2 of this law, property in state or municipal ownership can be transferred for compensation to buyers - including individuals.
Among the property transferred in one of the ways provided for in Art. 13 of this Federal Law may also include residential premises. And the law does not set any restrictions on the number of acts of such privatization. However, privatization in accordance with No. 178-FZ has its limitations:
- The apartment can only be transferred for a fee (Article 2).
- Methods of sale are strictly limited by Art. 13 of this law. Most often, an apartment has to be purchased at auction.
What is service housing and can it be privatized?
Real estate properties owned by government agencies are presented as official housing. Such real estate objects are provided to current employees for temporary residence under a special agreement. The contract is terminated when the employee who received the apartment for temporary use resigns.
All legislative acts, including the Housing Code of the Russian Federation and the law “On the privatization of housing stock in the Russian Federation,” state that the privatization of a service apartment is excluded. You can learn more about this issue by referring to Part 1 of Article 4 of the above-mentioned law.
Is it possible to carry out the procedure without breaking the rules?
Some examples from judicial practice
An example of the deprivatization of housing is a situation that was considered in Moscow, in the Nagatinsky District Court.
Komarov A.V. filed a lawsuit against Komarova E.V., with a request to recognize the privatization agreement, executed earlier, as invalid. The plaintiff explained that during privatization he was not taken into account, so he did not receive the share due to him.
The court found that the Defendant deceived the registration authority by providing a false certificate about family composition and persons registered in the apartment. The court decided to deprivatize the apartment.
Another example is a claim to invalidate a privatization agreement from a citizen who appealed to the District Court of Volgograd.
While the plaintiff was serving time in prison, her husband removed her from the register, divorced her and privatized the property. Upon her return, the woman was left on the street without housing or registration.
The court, having considered all the circumstances of the case, came to a decision to satisfy the citizen’s claim and deprivatize the apartment.
Additionally, a case of negligence was opened against an employee of the passport office, who, when issuing a certificate of family composition and registered persons, missed the fact that there was a person serving a sentence.
If there was privatization
Deprivatization is the forced return of property to the previous owner, that is, the state. This procedure is carried out if the current owner does not comply with the terms of the contract, its illegal conclusion has been established, design errors and infringement of the legal rights of third parties have been identified.
The recognition of a privatization transaction as invalid occurs exclusively through the Court after filing a statement of claim. After carefully considering all the evidence, the Judge makes a decision. If it is positive for the plaintiff, then the property again becomes state property.
A person, through whose fault the property was again transferred to the municipal fund, can re-privatize the apartment after deprivatization only on a paid basis.
Return of rights after deprivatization
If the owner voluntarily wants to become an employer again and not an owner, then this is deprivatization. Often the reason is issues related to the financial side of maintaining private property, in particular taxes and paying at your own expense for many repairs.
To deprivatize an apartment, the consent of all homeowners is required. If at least one person is against it, then the plan will not be implemented. The procedure itself is not complicated; all registration takes place in Rosreestr upon application.
Return of the right after deprivatization is possible if the voluntary refusal was made due to the emergency condition of the premises or the citizens were displaced. In these cases, there is hope that the state will allow the owner, after abandoning the existing property, to privatize another.
