What is privatization
Housing privatization is the free transfer of state or municipal residential premises into the ownership of citizens.
The official name of the procedure is “Transfer of residential premises of the municipal housing stock into the ownership of citizens through privatization.” It is regulated by the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation.” In accordance with Russian legislation, every citizen of the country has the right to carry out privatization once in his life: to register his property rights or receive ownership of housing. An exception is children who were under 18 years of age at the time of registration of property rights. Upon reaching eighteen years of age, they can exercise their right again. In addition, in order to privatize residential premises, the consent of all adult citizens who live in it is required.
Methods for privatization of state and municipal property are regulated by the law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property.
Features of submitting an application
After all the documents have been collected and an application has been drawn up with a request to transfer the municipal apartment into private ownership free of charge, you must contact the body on whose balance sheet it is. In large cities this may be a specialized privatization department, and in small villages - local authorities. You can find out where it is best to send your package of documents on the official website of your city or district.
You can also submit an application to any nearest branch of the State Budgetary Institution “My Documents” (MFC). The employees of this institution will accept it and the documents, and then forward them for consideration to the appropriate authority independently.
When submitting an application, the presence of all persons over 14 years of age is required. Children under this age may not appear, but their legal representatives must be present. This is due to the fact that a child aged 14 to 18 years independently fills out all the necessary documents and puts his signature on them, but it must be confirmed by parents or guardians.
We talked in detail about how to privatize an apartment in this article.
If one of the privatization participants is not able to personally attend this procedure, then it is necessary to draw up a power of attorney to represent interests in advance and have it certified by a notary office.
Step-by-step instructions for privatizing an apartment through the MFC
To obtain ownership of housing, permission from the Housing Committee is required. After this, the citizen must register the living space with Rosreestr. Privatization of an apartment through the MFC in 2021 is the most convenient way to receive the service, since in the multifunctional center you can both submit documents for permission from the Housing Committee and add housing to the real estate register.
To register the privatization of an apartment at the MFC, you must first make an appointment. To do this, you need to go to the regional website of the multifunctional center or call the hotline in your region and select the date and time of your visit.
Please note that in some areas there is a separate telephone line for making an appointment to receive Rosreestr government services.
Then you must follow the following procedure for privatization of property:
- Collect the entire package of documents. We recommend that you find out in advance what certificates may be needed specifically for your case, otherwise you may be denied the right to property.
- Arrive on time on the appointed day at the MFC. If you are more than 15 minutes late, your appointment will be cancelled.
- Fill out the application with the help of a multifunctional center employee.
- Receive a receipt from the MFC employee stating that the documents have been accepted.
- On the day indicated on the receipt, come back to the branch and pick up the privatization documents.
- Register housing in Rosreestr.
To privatize a state apartment, all citizens who are over 14 years old must appear at the MFC with the right to privatize this residential premises. Appearance is required even for those who waive their rights to housing. Everyone must have a passport with them, and they must also have a birth certificate for all children under 14 years of age. If a representative contacts the multifunctional center, he must have a notarized power of attorney.
Required documents
Registration of privatization of an apartment requires careful preparation of a package of documents. All documents must be filled out correctly, otherwise there is a possibility of receiving a negative answer.
In the required package of documents for privatization of an apartment through the MFC:
- an application to be filled out with the employee;
- copies of the passport of all citizens who have the right to privatize this apartment;
- copies of documents on family composition, including birth certificates of all children under 14 years of age, marriage or divorce certificates;
- registration certificates in form No. 9, which contain information about all temporary and permanent registrations of a citizen;
- documents confirming that the right to privatization has not previously been exercised;
- permission from the guardianship and trusteeship authorities (if children under 14 years old live in the apartment);
- application for consent to the privatization of housing by other citizens who have the right to property (to be completed no later than 30 days before contacting the MFC);
- social tenancy agreement or other documents confirming the right to privatize this housing;
- an extract from Rosreestr or a cadastral and technical passport of the premises;
- order for privatized housing.
We recommend that you seek assistance from a qualified lawyer. He will help you collect a package of documents in accordance with your situation and prepare them correctly. This will significantly increase the chances of obtaining permission from the Housing Committee.
Deadlines for housing privatization through the MFC
The time frame for the provision of housing privatization services in accordance with Article No. 1541-1 dated July 4, 1991 “On the privatization of housing stock in the Russian Federation” is 2 months from the date of submission of documents. If not all documents have been provided, the period for consideration of the application may increase by another 1 month.
Privatization of housing from 2021 is unlimited.
Service cost
The price for privatizing an apartment in 2021 depends on the number of required certificates and documents. The application procedure itself and consideration by the Housing Committee is free of charge.
Application requirements
The application can be written entirely by hand, on a form (partly printed and partly written) and completely on a computer. If you decide to fill out this document by hand, try to do it in as legible handwriting as possible. Any discrepancy in the stated information may serve as a refusal to privatize. For example, if the house or apartment number is illegible.
The form can be completed in either blue or black ink. But you shouldn’t choose bright colors (yellow, green, red, etc.). Firstly, this is contrary to the norms of office work, and secondly, it will show your frivolous approach to the problem and officials are unlikely to treat you with due respect.
In general, before drawing up an application, it is best to contact the authority where you are going to submit it. Some regions of the country have their own rules for drawing up a document.
What to do in case of refusal
The Housing Committee may refuse if at least one of the documents has not been provided. Also grounds for refusal are the previously exercised right to privatization and illegal redevelopment of the apartment.
In case of refusal, the decision can only be challenged in court. You need to file a claim and provide all documents confirming your right to privatization. We advise you to contact a qualified lawyer, he will help you correctly draw up a claim and collect a complete package of documents. When contacting a specialist, the likelihood of obtaining a positive decision in court is much higher.
Where to get the form
When all the documents necessary for privatization (we talked about them in this article) have already been collected, another question arises: where can I get an application form for the privatization of an apartment?
The following options exist:
- compose yourself;
- take the form from the district (city) administration;
- download on our website.
Any of these options are allowed. The main thing is that all legal requirements for the document are met. In fact, there is no single application form. They will not refuse to accept your application and package of documents, but they may not allow privatization if it contains errors, inaccuracies, or false information.
Registration cost
The privatization procedure itself is free. No taxes are charged for its implementation.
But you need to understand that you will have to pay money to some authorities for issuing the required documents. For example, obtaining a technical plan and passport will cost about 1,500 rubles. You will have to pay 500 rubles for an extract from the register. A certificate of non-participation and a notarized power of attorney cost the same amount. The state fee for registration of the contract is 1000 rubles. The state fee for documentary proof of ownership is 2,000 rubles.
Thus, apartment privatization is available to Russian citizens. The most convenient way to carry out this procedure is to contact the department of the Multifunctional Center. It is important to know the features and nuances of privatization: who has the right to submit documents, what kind of housing can be registered as personal property, what to do if the state refuses.
Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7
, St. Petersburg
+7 (812) 425-62-38
, Regions
8800-350-97-52
Rights acquired after privatization
After you have privatized the apartment, you can dispose of it at your own discretion, but within the framework of Russian legislation. So, you acquire the rights:
- Conclude property transactions with the apartment (you can sell, bequeath, rent, etc.).
- Add any person to the list of registered persons at your own discretion, without requesting permission from the municipality.
- It is practically impossible to carry out redevelopment in a municipal apartment legally.
- Use residential property as collateral if the need arises.
However, it is worth remembering that along with rights come responsibilities, namely:
- payment of annual property tax;
- the obligation to carry out major and current repairs at your own expense.
How long does the procedure take?
The procedure for privatizing an apartment through the MFC is quite lengthy. The state has set a clear deadline. The privatization document must be issued within two months from the date of application.
Weekends and holidays are not taken into account. Therefore, having submitted a package of papers to the appropriate authority, for example, before the New Year, you need to be prepared for the fact that work will begin only after the end of the holiday holidays.
The privatization of an apartment may be refused; common reasons for such a decision are:
- indication of false data in the application form;
- provision of documents whose validity has expired;
- the apartment is a service apartment;
- submission of an incomplete set of papers;
- the building in which the apartment is located is recognized as unsafe;
- there are inaccuracies in the rental agreement;
- the apartment is registered with a non-departmental fund;
- the citizen has already participated in the privatization of another apartment;
- providing false documents.
If the problem is that the paperwork is out of date or errors were made when filling out the application, then it can be quickly corrected. But this will still increase the time it takes to complete the procedure.
Expert opinion
Irina Vasilyeva
Civil law expert
The provision of services may be suspended for up to one month if certain documents are missing. A citizen has the right to appeal a refusal to privatize in court.
What kind of housing cannot be privatized
Art. 4 of Law 1541-1 defines the categories of housing that cannot be privatized. These include:
- housing in disrepair;
- dorm rooms;
- residential premises in closed military camps;
- service apartments (with the exception of housing stock of agricultural enterprises);
- premises of the housing stock of stationary social security institutions located in rural areas.
At the same time, the same article of the law stipulates that the owners of housing belonging to the last two categories of the list (or its managers with the consent of the owners) can make decisions on the privatization of such premises.
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