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One of the mandatory conditions for participation in the free privatization of residential premises is the provision of a certificate of non-participation in privatization earlier. This document is necessary, since the Law clearly establishes that every citizen has the right to convert a state-owned apartment into personal property free of charge only once in his life. That is why the absence of a certificate of non-participation in the procedure will be grounds for refusal. Where to get it and what it is, this will be discussed in our article.
General provisions
When a citizen of our country plans to privatize an apartment or residential building, the key document that he will need in this process will be a certificate stating that he has not previously taken part in privatization.
Such a document will have to be provided to each privatization participant if he changed his place of residence from July 4, 1991 until moving into the premises that are planned to be privatized. This certificate confirms that the citizen has not previously taken part in the state privatization program.
According to all current legislative acts, any citizen of our country who is already 18 years old has the right to a one-time privatization of housing.
If, before moving into the apartment that an individual intends to privatize, he lived in another living space or repeatedly changed his place of residence, then he will have to provide a document stating that he did not take part in the privatization there. Instead, a paper may be suitable stating that this process is impossible for a number of objective reasons, for example, if a person had to live on the territory of a military unit.
Minor participants in the privatization program have more benefits in this regard. Firstly, they have the right to participate in it twice - the first time before reaching adulthood, and the second time at a more mature age. Secondly, a certificate of non-participation in the program for minors is not required.
Sample certificate and application
After you have applied to one of the specified institutions with an application to provide information about non-participation in privatization, you must be given a certificate of the established form, which must indicate the following information:
- name of the authority that issued it;
- Date of preparation;
- information about the person who requested the data;
- the result of the inspection (all real estate registered to a person, as well as the date and basis for the emergence of ownership);
- signature of the specialist who completed the certificate and the seal of the institution.
Required documents
To obtain this certificate, you must contact the technical inventory bureau with your passport. After some time (usually it takes about ten working days to issue a certificate), the document will be ready. If the applicant lives in a private house, then he will have to provide an extract from the house register archive. It must indicate the period when the applicant was registered there.
Also, to obtain this certificate, the specialist will have to provide a document confirming official registration at the previous place of residence. A certificate or extract from the house register at the address that the applicant plans to privatize is also attached here. Directly at the institution, they will take a photocopy of your passport and ask you to write an application in the prescribed form for the issuance of the relevant certificate.
If the applicant acts through a proxy, then a notarized power of attorney is also attached to the general package of documents. In special cases, a department or bureau specialist has the right to request certain other documents.
It must be remembered that without a certificate of non-participation in the privatization program, registration of living space as property will be denied.
When can they refuse?
During the application review process, the state may refuse to provide the service. There are only a few reasons that may be grounds for refusal. And in each case, the citizen has the right to apply again, correcting the mistakes.
- The application was submitted by an inappropriate person .
If the administration does not have information about the participation of the person who requested the certificate in the privatization of the housing stock, the provision of the service will be refused. The citizen should double-check his documents - perhaps he applied for the certificate too early and should wait until the city hall staff receives the information. - Inconsistency of submitted documents . It is quite rare for people who submit an application through the State Services website to be rejected with the above wording - but this also happens. If the documents uploaded to your personal account contain pencil entries, corrections, crossed out words, or corrections using a proofreader, the documents will not be accepted. It is also worth making sure that all papers are readable, without damage, and that their contents can be easily deciphered. This wording means that the applicant should replace the scanned copies and re-file the application to obtain a certificate from Rosreestr.
- The authority of the representative has not been confirmed . As we have already written, not only the citizen himself has the right to submit documents for obtaining a certificate, but also his legal representative - a parent, guardian or a person with a notarized power of attorney. If during the application process a scanned copy of the power of attorney was not uploaded, and the information is requested by to a third party - the citizen will receive a refusal with the above wording. When applying again through the form on the State Services website, you should make sure in advance that you have a power of attorney certified by a notary.
- The application was not completed properly .
If errors are made in the application that do not allow the subject of the information requested by the applicant to be established, the certificate will not be issued. Incorrectly entered data of a citizen in the form can also become a reason for refusal.
Where can I get it?
You will also have to write a corresponding application directly to the BTI itself to obtain the required certificate. However, it must be remembered that each BTI has data relating to only one district to which this bureau belongs. All of the above applies to the period from 1991 to 1998.
Starting next year, a document certifying the presence or absence of privatized real estate in a person began to be called an extract from the Unified State Register of Real Estate (this is the name given to the all-Russian register of rights to real estate and various types of transactions with it).
Such a document will indicate that, since 1998, the person has not taken part in the privatization program. A similar statement is made in any of the Rosreestr branches. The common database allows you to determine where the applicant has real estate in the Russian Federation. In addition, it will be stated when such a right was issued. If such information is not available in the register, a corresponding certificate will also be issued.
All information contained in these documents is absolutely confidential, so the applicant can either receive it personally or with the help of a notarized power of attorney.
This statement is also made within the next ten working days. If, in order to prepare this document, you have to make requests to other districts or regions of the country, the period will be much longer.
It happens that it is not possible to obtain a certificate through Rosreestr, then you need to make a written request to the BTI of another region. Today this can be accelerated due to the presence of multifunctional centers throughout the country, which also issue similar certificates.
Also, a certificate of non-participation in this state program is issued by the administration of the relevant municipality or by the department dealing with state housing policy.
Privatization of public housing stock - Procedure for providing services
Reception of applications and documents necessary for making a decision on the transfer of residential premises into the ownership of applicants in the manner of privatization is carried out at the St. Petersburg State Budgetary Institution "Gorzhilobmen" or at the St. Petersburg State Institution "Multifunctional Center for the Provision of State and Municipal Services".
Attention! When preparing documents for the privatization of an apartment or room, the personal presence of all adult family members and children over 14 years of age or an authorized representative representing their interests is required.
To make a decision on transferring residential premises into the ownership of citizens through privatization, the following documents are required:
- A citizen’s application for the transfer of state-owned residential premises into ownership through privatization (filled out by citizens on a form according to the sample when submitting documents for privatization).
- Identification documents of applicants and persons representing the interests of applicants by proxy:
- identification documents of the applicants (passport of a citizen of the Russian Federation or temporary identity card issued for the period of its replacement, birth certificate) and their photocopies;
- if the citizen’s interests are represented by a representative by power of attorney: a notarized power of attorney for the right to represent the citizen’s interests on issues of privatization of public housing premises,
- passport certifying the identity of the authorized person and its photocopy, in case of representation of the interests of the applicants by the authorized representative;
- a copy of the document confirming the powers of the guardian (trustee), in cases provided for by current legislation.
- Documents confirming the right to privatization (in case of a change in place of residence (place of registration) in the period from 01/01/1992 to the date of registration in the privatized residential premises):
- certificates of registration (form 9), containing archival information about the registration of a citizen before registration in the state-owned residential premises occupied on the date of application, as well as certificates confirming that the residential premises previously occupied by the citizen were not privatized by him (the right to privatization was not used) - if a citizen is registered in a residential building after 01/01/1992 and (or) changed his place of residence (place of registration) outside of St. Petersburg after 01/01/1992;
- a document confirming information about the reasons for temporary absence (in case citizens and (or) members of their family are temporarily absent (on compulsory military service, in prison, etc.);
- if the applicant registered in the privatized residential premises was a citizen of another state and acquired citizenship after January 1, 1992, instead of archival registration certificates (form 9), as well as certificates confirming that the residential premises previously occupied by the citizen were not privatized by him, it is possible submit a certificate of citizenship.
- When providing a certificate of acceptance of citizenship, archival registration certificates (form 9), as well as certificates confirming that the residential premises previously occupied by the citizen were not privatized by him, are presented from the date of acceptance of Russian citizenship.
- If necessary, we also provide:
- copies of documents containing information about family composition (birth certificate, marriage certificate, divorce certificate) issued outside of St. Petersburg;
- permission from the guardianship and trusteeship authorities to privatize public housing (in the case of privatization of residential premises inhabited exclusively by minors under the age of 14);
- consent of parents (adoptive parents), trustees and guardianship authorities for the privatization of public housing in cases provided for by current legislation;
- statement of the citizen’s consent to the privatization of state-owned residential premises by members of his family and refusal to include the citizen in the privatization agreement (in the event of a refusal of a citizen entitled to privatize the residential premises from the privatization of such residential premises) - a notarized form or a simple written form that is required fill out at an appointment with an employee of the St. Petersburg State Budgetary Institution “Gorzhilobmen” or the St. Petersburg State Institution “Multifunctional Center for the Provision of State and Municipal Services” (at the place of registration).
Attention! Only original documents are accepted!
Certificates of participation/non-participation in privatization
It is not required to provide certificates of participation/non-participation in the privatization of residential premises within St. Petersburg from 01/01/1992 to 03/1/2011 when applying for the provision of public services for the privatization of residential premises of the state housing stock in St. Petersburg State Budgetary Institution "Gorzhilobmen", St. Petersburg State Institution "Multifunctional Center" provision of state and municipal services."
Certificates are requested and received through interdepartmental information interaction without the participation of citizens.
In cases where you are privatizing residential premises in another city, as well as when carrying out privatization through the court, you must independently obtain certificates of participation/non-participation in privatization:
- for the registration period before March 1, 2011 - in the relevant district archives (except for the Central and Vasileostrovsky districts);
- for the registration period from March 1, 2011 (Central, Vasileostrovsky district - from January 1, 1992) - in St. Petersburg State Budgetary Institution "Gorzhilobmen" at the address: st. Bronnitskaya, 32, 1st floor, office.
Certificate cost
The total amount of state duty that you will have to pay for the preparation of this document varies significantly. For example, if you order it through the Housing Policy Department, you won’t have to pay any money at all.
Rosreestr will make such an extract for money, and the amount will be quite impressive - from five hundred to one and a half thousand rubles. This is due to the fact that the organization’s employees will have to make a large number of requests to establish the applicant’s involvement in the privatization program.
The maximum cost of a certificate from the BTI can reach two and a half thousand rubles, and an accurate calculation of the fee can only be obtained from the bureau itself.
Application methods
You can submit an application both at the branch and remotely, depending on the authority issuing the paper. You should go to the BTI in person, and Rosreestr accepts applications :
- in regional divisions;
- through legal representatives;
- by mail;
- via email.
By default, the applicant is sent a certificate through the same channel through which the documents and application were previously sent. For example, a citizen who has used the services of an MFC near his home will be able to go there for a completed certificate, while a Russian who has sent a letter by mail should look in his mailbox while waiting for an answer.
Receipt times
The period for receiving an extract from the BTI or from Rosreestr takes 10 working days. In this case, to obtain a certificate it is necessary to make a request to another district or region, then the specified period is extended.
It happens that it is not possible to obtain a certificate through Rosreestr. In this case, you must make a request to the BTI branch at the location of the property in another area of the city, region or region of the country. Now this procedure is simplified and accelerated by the activities of the network of MFCs, whose powers include issuing certificates of this type.
Registration of real estate ownership
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Privatization is commonly understood as the process of transferring property, usually real estate, into private ownership from municipal or state ownership. At the same time, privatization also acts as a basis for the transfer of rights to the transferred property.
The transaction is formalized by a special agreement, which is concluded with citizens by a state body authorized to dispose of state property.
Transferring housing to citizens is one of the areas of privatization. It was started back in 1991. Initially, it was assumed that only a few years would be enough for everyone to receive ownership of the apartments they occupied. However, then the deadlines were revised several times, and in 2021 it was decided to make housing privatization indefinite.
Every citizen who occupies an apartment of a municipal or state fund and is registered in it has the right to once receive these square meters in ownership absolutely free of charge. The presence of other real estate in the property does not matter.
Anyone can exercise their right, the main thing is that they have not previously participated in privatization. This fact is confirmed by a special certificate.
An exception is made only for those who received their share in the apartment as a minor. As adults, they can participate in privatization again.