Is it profitable to privatize an apartment through a realtor from a real estate agency? How much does it cost?

To go through the process of transferring municipal or state real estate into the ownership of a citizen, a qualified privatization lawyer may often be required.

In Russia, privatization began back in 1991. Just after RSFSR Law 443-1 was adopted. He allowed private property to be legalized. Privatization involves the transfer of real estate from the “hands of the state” to the ownership of an individual citizen. Typically, such real estate goes to citizens on the basis of a special status. For example, persons from among orphans can receive an apartment under a social rental agreement. Some military personnel also have the same privilege (although now they practically do not provide it).

The thing is that before the collapse of the USSR, there was no talk of any private ownership of real estate. Even if a citizen had an individual house, it was often owned by the state. Occasionally on personal property (with very limited options). Today, housing privatization is a common procedure.

Contact a privatization lawyer

The process is regulated by separate Federal Laws, Housing and Civil Codes. As well as certain regulatory and legal acts. The general idea is that privatization of an apartment (or any other housing) allows you to obtain ownership rights.

If you live in a municipal or state apartment, then you cannot sell it. And rent it out too. Since it is the property of the state or a separate municipality. To obtain full rights to housing, use the services of a lawyer.

In the process, you may encounter various kinds of problems:

1. Emergency condition and limited category of the property.
2. Lack of grounds for privatization.
3. Refusal of the procedure.
4. Lack of consent of one of the apartment residents.
5. Sabotage by regulatory authorities and the registrar, without legal grounds.

The procedure itself is extremely complex, and its cost also directly depends on the region and other features. If only because in one case the process of privatizing a dorm room can go without problems. But in another situation, without a trial and the services of a privatization lawyer, it will not be possible to resolve the issue.

Minimum prices for self-registration

Those who decide to privatize housing on their own will have to pay:

1. Documents from the Technical Inventory Bureau:

• certificate of consumer qualities/properties of the object (form 7);
• certificate of non-participation/participation in privatization (form 2). Issued for each person registered in a privatized apartment before 1999;
• certificate of absence of encumbrance (seizure) as of before 1999.

Their cost varies between 800 rubles per copy.

2. Documents and services provided by Rosreestr:

• an extract from the Unified State Register of Registered Rights to the property;
• an extract from the Unified State Register of Individual Entities on the rights of an individual to his or her real estate (form 3). It is necessary for all participants in privatization. The cost of providing information from the Unified State Register of Rights depends on the type of media: electronic – 150 rubles, paper – 200;
• state duty for state registration of rights. Since 2015, its size has been 2,000 rubles, if the ownership rights of one person to a real estate property are registered. When several persons participate in privatization, the amount of the state duty is calculated by multiplying the size of the share registered in the property by 2,000. For example, the share of one of the participants is 1/3. This means that he must pay a state fee in the amount of 667 rubles (2,000 * 1/3).

Note! Persons who do not wish to participate in privatization must issue a written refusal, which must be certified by a notary! This service can cost 700-1,000 rubles. Also, if a representative will deal with privatization issues, it is necessary to obtain a power of attorney for him from a notary (about 1000 rubles).

In addition, during privatization, situations may arise that will entail additional costs:

• lack of technical passport. You will have to contact specialists from the Bureau of Technical Inventory, who will prepare a technical passport. There is no fixed price for BTI services; it varies in different regions. On average, the fee for obtaining a technical passport for an apartment is 1,700 rubles. You can find out the exact cost on the website of the relevant BTI branch;
• The real estate property is not registered in the cadastral register. To put an apartment on the GKU, you will need a technical plan. The production of this document is carried out by cadastral engineers. These may be specialists from BTI, Rosreestr or private firms. The cost of an engineer’s work depends on the area of ​​the room. On average, prices for production of a technical plan start from 4500;
• lack of coordination of redevelopment work. An apartment with unauthorized redevelopment cannot be privatized. You can coordinate the work using the services of competent organizations and bureaus. The cost fluctuates around 60,000.
• fines and debts. If the fact of illegal redevelopment is revealed, you must pay a fine of 2,000 rubles. The debt on the financial personal account of the apartment tenant also needs to be repaid;
• refusal to privatize. You can challenge the decision to refuse in court. To do this, an additional state fee for filing a claim in the amount of 200 rubles is paid.

Note! According to Articles 333.35 - 333.38 of Chapter 25.3 of the Tax Code of the Russian Federation, WWII veterans are exempt from paying state fees for registering property rights. Disabled people of groups I and II pay half the amount for notary services. The last category of citizens is also exempt from paying state fees when going to court.

It is easy to calculate that the average price for privatizing an apartment (by one tenant, excluding debts and other circumstances that complicate the process) will be 4,000–4,500 rubles.

Problems in the privatization process

The emergency condition of the house may be the reason why you will receive a refusal. In this case, you will not need the services of a lawyer. You will have to wait for relocation. After you are resettled, you will be able to take ownership of your new home.

If the property is located in a special housing stock, it will most likely not be possible to legally register rights to the property. Will have to wait:

• Amendments to current legislation and regulations.
• Transferring a house to municipal ownership.

Before you give up, contact an apartment privatization lawyer. During your free consultation, we will tell you what can be done in your specific situation.

Sometimes options for resolving the issue are still visible. For example, it will not be possible to register ownership of an apartment that is located in a ZATO (closed administrative-territorial entity). This is regulated by RF Law 1541-1. But military personnel also have problems with real estate in ordinary cities.

The peculiarity here is that the Ministry of Defense does not always transfer houses to the municipal balance. In this case, it is possible to engage in privatization, but only through the courts. Our lawyers have practice in similar cases, and the forecast is quite positive.

The price of the case will be determined on an individual basis. A simple example: a serviceman is trying to privatize one of the apartments. The DUI (property management department) issues a refusal. Based on the fact that the apartment is not in the municipal property register. Our professional housing privatization lawyer was able to achieve an alternative solution through the court.

The basic basis for registering property is a social tenancy agreement. But there are many cases when the process is suspended due to disagreement between the parties. For example, today it will not be possible to use shared ownership to go through the privatization process. Because the method of transferring real estate under this scheme ceased to exist in the spring of 2001.

Regulations on the privatization of housing

First, you need to submit the appropriate application and submit a package of documents. All this is transferred to the authorized state body:

• Department of State Administration property.
• State Property Management Committee.
• Department of Property Relations, etc.

The application review process lasts up to 2 months. And at this stage, legal assistance may be required to properly prepare documents. After all, if a refusal is made, you will have to start all over again.

If your rights to housing are confirmed, the property contract will be submitted for signature. And after you sign it, you need to register it in the register. This is a mandatory requirement. The general period varies from 4 to 5 months. But with the help of a housing privatization lawyer, you can speed up the process.

What's the benefit?

Why is it profitable to privatize an apartment through an agency?
A real estate agency is an organization authorized by the Housing Code of the Russian Federation to carry out the procedure for transferring housing into the ownership of citizens.

It is subordinate to government authorities and takes into account all the necessary legal and procedural aspects of the transfer of housing into the ownership of citizens.

The privatization procedure is somewhat confusing and requires knowledge of some legal subtleties. The help of specialists in this situation will help you collect the necessary package of documents, which is quite diverse and will require a lot of time to collect it.

The process is further complicated by the work schedule of many organizations, which are open precisely when citizens are at work. And sometimes you have to go to another city to get some certificates. As a result, the process of independently collecting documents is delayed .

Citizens who independently collect certificates and extracts are often faced with the fact that some of them are compiled incorrectly. Having collected a package of papers, you can receive a refusal based on the inconsistency of some of them, which happens quite often.

Specialists of organizations involved in privatization are familiar with the rules for issuing all the necessary certificates, so by turning to them, you will protect yourself from being refused by government agencies.

You can find out whether it is possible to privatize a serviceman’s apartment, as well as a service or cooperative apartment, from our articles.

List of documents for privatization

Let's look at the required package of documents using the capital as an example, because Moscow has separate regulations. You need to prepare:

1. Social contract hiring (full-time).
2. An extract or order from a special orders (of the executive branch).
3. Applicant's passport.
4. Passports of all registered persons and family members of the applicant.
5. Key statement.
6. Birth certificates of children (if there are minors).
7. Building plan (by floors).
8. An extract from your personal account.
9. Technical certificate.
10. Written consent (must be certified by a notary).
11. Extract from the house register.

If you have a special case, our company’s privatization lawyers will go over all the nuances with you in a separate consultation. And it will help you deal with other documents.

Terms of paid privatization

The timing of the procedure on a paid basis depends on 3 factors:

• availability of a complete package of papers necessary for applying to the municipality;
• speed of application consideration;
• speed of production of the title certificate by Rosreestr employees.

Typically, paid privatization lasts at least 3 months - 60 days are required to consider the submitted application and check the papers in the administration, as well as 30 days to issue a certificate in the Unified State Register.

We recommend reading : How to give up property?

Advantages and disadvantages of apartment privatization

The key benefit is ownership. Real estate prices today are very high, and you literally get an apartment for free. With the exception of specialist fees and government fees. Besides:

• You can sell the property (later).
• You can rent out the property.
• You can manage your housing as you wish.

Although the advantages of acquiring home ownership are obvious, among the disadvantages it is worth highlighting only that you will bear all the costs associated with the maintenance of the property. And the apartment may also be subject to foreclosure. Our lawyer will talk about all this in detail during the initial legal consultation.

What does the amount of privatization expenses consist of?

Privatization costs are associated primarily with obtaining or preparing documents necessary to implement the transfer of ownership. Also, during the privatization process you will have to pay certain government fees.

The final amount, as a rule, turns out to be very affordable. And if we consider it in comparison with the cost of the acquired real estate, the figure will turn out to be scanty.

However, this applies only to privatization that is carried out independently. Those citizens who cannot or do not want to bother with the preparation of all kinds of certificates and papers and therefore turn to specialized organizations will need a more significant amount.

But it can also increase significantly if the process needs to be accelerated. Urgent privatization - this service can be found in legal agencies and real estate offices. If a “regular” one lasts about 2–3 months (provided that all documents are in order), then an urgent one (according to experts) will take half as long. Those. about 1 month. True, the price will almost double. Moreover, already in a big way. Time is money.

So how much does it cost to privatize an apartment?

Lawyer services for apartment privatization

Initially, a consultation is carried out. Our specialists simply cannot provide assistance without a comprehensive analysis and details of the situation. A professional lawyer will provide you with the following services:

1. Determining the basis for starting the registration process (not all real estate can be acquired).
2. Legal services for collecting all necessary documentation and obtaining certificates and extracts.
3. Transfer of all papers to municipal administration.
4. Drawing up agreements for the transfer of real estate ownership.
5. Appealing refusals (through court).
6. Representation of the client in court.

Cost of services and processing time

How much does it cost to privatize an apartment through an agency? The cost of processing a transaction through an agency depends on the powers that the client transfers to him.

If you independently collect a package of documents, services for drawing up a privatization agreement will cost between 3-5 thousand rubles. , depending on the region.

For full support of the process you need to pay an amount of 20 thousand rubles. , which will include the execution of a power of attorney and refusal of privatization (if necessary).

Obtaining certificates and extracts, as well as paying state fees, will have to be paid additionally upon delivery. This will require additional funds from 7 to 10 thousand rubles. .

The entire process of collecting documents will take approximately 15 days . 60 calendar days for registration . Thus, the entire process of privatization through an agency, starting with drawing up an agreement with it, will take about 3 months .

Privatization through a real estate agency will require the client to invest some money.

But at the same it will save time , eliminating the need to go to various authorities and, to some extent, protect you from receiving a refusal to accept a package of documents.

Get legal advice now

The initial consultation is free. On it you will learn:

• About how the entire privatization process goes from beginning to end.
• About all the documents that will be needed.
• On the prospects of acquiring ownership of an apartment.

In some situations, with the help of our privatization lawyers, it will be possible to resolve the problems that arise during a court hearing. For residents living outside of Moscow, we offer online consultation. Contact us now.

Apartment price calculation

How is the redemption value of housing for paid privatization calculated? The answer to this question has not yet been uniformly enshrined in the legislation of the Russian Federation. The cost of square meters is determined taking into account the regulations in the region. But one thing is certain - the cadastral value is set by the owner, represented by the municipality.

Calculations are made on the basis of Federal Law No. 135 “On Valuation Activities” dated July 29, 1998. Real estate objects undergo an assessment, the validity period of which is 3-5 years. Then cadastral engineers again assess the cost of housing. The information received is made publicly available. You can find them on the Internet on the website of the Cadastral Organization.

Instructions on how to find out the price:

1. Go to the official website of Roskadastre.
2. Open the “Public cadastral map” tab.
3. Enter the cadastral number of the property (you can find it out from the technical plan of the apartment).
4. Click on the "Find" button.

The system will process the request and provide up-to-date information for 2021. However, it is worth considering that the information will be approximate. To find out the exact price, you need to contact Rosreestr or the State Budgetary Institution “My Documents” (MFC). Information about the cost of the object is issued in the form of an electronic or paper extract from the Unified State Register of Real Estate (see “What does a document on privatization of an apartment look like?”)

Calculation standards are constantly changing, so it is very difficult to calculate the cost yourself.
There are professionals for this – cadastral engineers. You can order their services at the territorial office of Rosreestr or by sending a request through State Services. Attention!

• 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.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Transferring municipal real estate to private ownership is a very difficult matter. It requires the participation of a person who has extensive knowledge of law, and even better, experience in conducting such cases.

A specialist who understands privatization issues will tell you where to start the procedure. He will explain what the conditions for participation in the state program are, what is included in the standard package of documents, as well as what are the features of private registration of different types of housing.

Particular attention should be paid to the procedure for completing and submitting certificates. It must be borne in mind that municipal employees carefully check the papers for their content and validity period.

Expired papers may be grounds for refusal to register an apartment. In order not to delay the matter and cope with the procedure the first time, you need to find a qualified lawyer.

To help those who are thinking about this problem, our portal offers a rating of the best organizations that help in matters of privatization. You can familiarize yourself with the operating principles of companies and customer reviews, and then make your choice.

Continuation of free

For whom will free privatization continue? The opportunity not to pay for registration of housing ownership will remain for some categories of citizens . The Government intends to include among them:

1. Veterans of the Great Patriotic War.
2. Residents of dilapidated and dilapidated houses. Today, a ban has been imposed on the privatization of these premises, so after receiving a new apartment, citizens will be able to register it as their property free of charge.
3. Children are orphans. They will be able to privatize the municipal housing they subsequently receive.
4. Citizens who were on the waiting list for social housing before 03/01/2015. This list includes all persons who are recognized as needing social housing in accordance with Article 51 of the Housing Code of the Russian Federation. This category includes:

• citizens who have living space below the standards established in the region;
• living in premises that do not meet sanitary requirements. normal;
• residents of communal apartments in whose neighborhood there are people with severe forms of chronic diseases;
• persons registered in the territory of municipal housing, but who are not family members of the tenant.

The final decision on approving the list of citizens for whom free privatization will continue to apply has not yet been made. In addition, the period during which they will be able to exercise their rights is not defined.