New extension of privatization: pros and cons. How to privatize an apartment, everything about privatization Is it possible to privatize an apartment in

According to the law, privatization is free of charge. But, citizens are faced with the notarization of some copies, with the execution of some documents. You have to pay for all this! So how much does the privatization of an apartment actually cost?

Features of home registration

All citizens who are permanently registered in it, including minor children, have the right to register their ownership of an apartment.

The right to use and register a given living space arises on the basis of or an order (until 1995, citizens settled in apartments precisely by order).

The main law that regulates the registration of housing in the ownership of citizens -.

Procedure

Before privatizing an apartment, you need to make sure that this housing can be transferred to the ownership of citizens.

Video: how much does the privatization of an apartment cost?

Is the free transfer of ownership extended

Since about 1/3 of the housing stock in our country is still owned by the state, the privatization program is being extended.

It was supposed to end in March 2019. But at the end of February this year, the deputies decided to extend the free transfer of housing to the ownership of citizens for another 1 year.

Law No. 1541-1 was amended to extend the term of the free privatization program.

As of today, this program has been extended until 01.03.2019.
How much does it cost to privatize an apartment after March 1, 2019?

If a similar law is not adopted in March next year, then from 01.03.2019 registration of ownership of state apartments will be paid.

This will no longer be privatization, but the purchase of housing from the state. The approximate cost will be calculated based on its cadastral value and the market value of similar housing.

This provision also applies to the registration of ownership of a room in a communal apartment and a garden plot.

Possible additional costs

When registering an apartment in ownership, there are certain expenses:

In addition to the costs of processing the necessary papers, applicants may "expect" additional costs:

The essence of the free transfer of housing to citizens is that only the execution of a housing transfer agreement is free. All other services are paid.

The cost of registering the ownership of a state apartment can cost applicants 10,000 - 20,000 rubles, depending on who will do this and whether all the documents for the apartment are available.

01.03.2016 04:17

The government has extended the free privatization of housing for another year - until March 1, 2017. Legal instruction 9111 will tell you what documents will be required for privatization, what are the pros and cons of registering a home.

Why is the term of free privatization extended?

Amendments have been made to the Federal Law "On the Enactment of the Housing Code of the Russian Federation", which establish new terms for free privatization of housing from the state and municipal fund. This opportunity is provided until March 1, 2017. The purpose of extending the term of free privatization is, first of all, to create equal conditions for citizens occupying premises under a social rent agreement, including in houses recognized as emergency and subject to resettlement. Since the resettlement program will obviously not be completed by 2017, it is necessary to retain the citizens' right to privatize housing provided in exchange for emergency housing on the same grounds. This period has been extended for the fourth time.

In addition, the need for an extension is acutely faced by the Crimean Federal District, where the inventory of multi-apartment housing stock continues, the transfer of residential premises of hostels to municipal ownership, and the cadastral registration of the housing stock. These processes are inextricably linked to the conclusion of social rental contracts with citizens and the further privatization of residential premises.

How to privatize an apartment?

A state or municipal apartment occupied under a social rent agreement is acquired into ownership by making an appropriate decision by the persons living in it and submitting an application with a package of documents to the district administration at the place of residence or the MFC. After signing the privatization agreement, the transfer of rights is subject to state registration with Rosreestr. An unconditional obstacle to privatization is the use of such a right earlier (with the exception of minors, who, upon reaching 18 years of age, can re-acquire their property)

The application for the privatization of housing is signed by the tenant and his family members living with him. Refusal to participate in privatization must be notarized and does not entail the termination of the right to use the residential premises. Also, the right to use is reserved for minor family members of the owner who live separately. Children under 14 years of age must be included in the contract for the transfer of the premises into ownership. An application for privatization is considered within two months.

What documents should be submitted for housing privatization?

The list of documents for the privatization of housing, which must be submitted together with the application, is not approved at the federal level and is determined by the authorities of the constituent entities of the Russian Federation. In addition to the statement, the indicative list includes:

social employment contract;

passports of persons participating in privatization and birth certificates of children under 14;

extended extract from the house register at this address;

certificate of absence of arrears in payment of utility bills;

certificate of previously issued passports (if changed after 1991);

archival certificates of registration from previous places of residence in the Russian Federation (if changed after 1991);

notarized refusal to participate in privatization (if any);

technical and cadastral passports of the premises;

copy of personal account;

an extract from the Unified State Register of Legal Entities on the rights to the apartment (form No. 3).

What are the pros and cons of housing privatization?

A privatized apartment can be the subject of various transactions: purchase and sale, donation, exchange, etc. On the other hand, the privatization of housing creates additional responsibilities and risks for owners: to pay contributions for major repairs and real estate tax, the rent is growing every year (in municipal housing it is less). In addition to these expenses, the owner also bears the risk of destruction of the apartment due to accidental circumstances, and in most cases is also obliged to eliminate emergencies at his own expense. Privatized housing and its owners (especially the elderly) are often targeted by scammers: black realtors, microfinance organizations, etc.

For those who wish to give up their ownership of housing, the law provides for a deprivatization procedure (Article 9.1 of the Federal Law "On the Privatization of the Housing Stock in the Russian Federation").

Do I need to privatize the apartment? This question is of interest to those citizens who live in municipal housing, but are not its owners. In addition, the majority of older people oppose privatization, believing that the payment for it will increase several times after that. Nevertheless, the process of transition of housing from state ownership to private ownership continues. It is currently free.

Definition

Privatization means the transfer of real estate located in the region and the state to ordinary citizens who live in this housing under a social tenancy agreement. After completing the necessary documents, a person becomes a full-fledged owner of an apartment. He will be able to donate it, bequeath it, exchange it for any other housing, sell it, rent it out. Thus, after the privatization procedure, the citizen becomes the full owner of real estate. Now he can independently register whoever he wants on his living space. The employer does not have such an opportunity.

Do I need to privatize the apartment and what are the disadvantages? Such questions are asked by those citizens who live in municipal housing and simply pay for utilities. Undoubtedly, there are disadvantages in privatization, because after the transfer of an apartment to the ownership of a citizen, he will have to pay:

• property tax;
• major repairs (monthly), as well as pay funds for current repairs.

It turns out that their own housing will need to be maintained on their own, and this is much more expensive. Nevertheless, privatization also has its advantages, which lie in the fact that the apartment will belong to a person on the basis of ownership, and no one will be able to deprive him of his only home, even if he does not pay utility bills.

Registration

In general, the privatization procedure itself does not take so much time as the preparation and submission of all the documents necessary for this. Quite a lot of them are required:

• all citizens registered in the apartment need passports and birth certificates (only minors);
• social rental agreement;
• consent to privatization of all adult family members of the employer;
• a document from the housing office, which will confirm the absence of arrears on utility bills;
• here you need to get a certificate of all residents at this address;
• technical passport of an apartment from BTI with a location plan;
• also from this institution you need to take confirmation that you have not previously participated in privatization;
• receive an extract from EGRIP on the absence of real estate in the ownership;
• payment of state duty.

In total, this procedure takes up to three months. After all, after collecting the necessary package of documents, you need to contact the administration department dealing with privatization, write an application and attach all the collected documents. There, specialists will prepare a contract within 14 days. The application and documents can be considered for up to two months. If everything goes well, then with a ready-made contract you need to go to the regional chamber and get there. After that, register the housing with the BTI.

It should also be noted here that in the presence of children under the age of 18, it is necessary to obtain consent to carry out privatization in the guardianship authorities.

What is it for

Do I need to privatize the apartment? This question is asked by many citizens living in municipal housing and paying for utilities. Yes, it is advisable to register the apartment in ownership so that later you can dispose of it at your own discretion. Because municipal housing belongs to the state, therefore, the authorities will always be able to evict a person from it if the latter stops paying utility bills or uses the property for other purposes.

Important

It should be noted that the right to privatize municipal housing is given to a citizen only once in a lifetime. In addition, not all real estate is subject to transfer to the ownership of citizens. The law prohibits privatization of:

• emergency housing;
• service apartments, they are intended only for temporary accommodation of employees;
• living space in a military settlement;
• rooms in a hostel (although there is controversial judicial practice on this score, in some cases citizens still become owners).

Positive points

In privatization, undoubtedly, there are advantages, which lie in the fact that a person completely free of charge acquires a dwelling in his property, which he will be able to dispose of in the future at his own discretion. For example, you can give it to a close relative, bequeath it, just sell it and buy something else. In addition, if a person has privatized an apartment on the first floor of a house, then he can transfer it to non-residential premises and open a store. There are many opportunities here. In addition, if they wish to move to another place of residence, citizens have the right to exchange their housing.

Therefore, people who are still thinking about whether it is necessary to privatize an apartment should know that after carrying out this procedure, they will receive ownership of it and will have all the rights to real estate. In addition, no one will deprive a person of his only housing, even if he does not pay utility bills.

Minuses

They are also available in privatization. After the housing passes into the ownership of the citizen, he assumes all the costs of its maintenance. In addition, the owner will need to pay property tax, which many people on a small budget are unlikely to be ready for. You also have to pay monthly for capital repairs of housing, even if the apartment building is almost new. Accordingly, citizens who are accustomed to making do with minimal costs are not quite ready for such significant costs. Therefore, many are in no hurry to carry out privatization.

Actual

Despite the fact that the transition from state ownership to private ownership began a long time ago and continues to this day, not all citizens fully own this information. In addition, many are interested in the question of whether it is necessary to pay for a privatized apartment. Yes, you need to pay for utilities, otherwise you can be left without heating, gas and electricity. But no one can deprive a person's home, because it is in his property.

There is also an equally interesting question, which is asked by citizens who do not know the legal intricacies: is it necessary to privatize the purchased apartment? No, you don't need to do this. Because the purchased apartment automatically becomes the private property of its owner. Accordingly, a person who paid money to the seller for housing and received a certificate of registration of rights is already considered the owner of such real estate.

Another controversial question may be: is it necessary to privatize a new apartment? Yes, if it is received in exchange for emergency public housing. If the new apartment was bought from a company for money, then there can be no talk of privatization. Because such housing automatically becomes the property of a person after receiving a certificate from the regional chamber.

Cooperative housing

Based on the definition of "privatization", it should be said that in this case it will not be required, because such apartments do not belong to municipal and state property. This housing belongs to a cooperative - a voluntary association of citizens created to meet real estate needs. After each citizen pays his share - a certain amount of money in full, he will be able to register the apartment as property. Therefore, when asked whether it is necessary to privatize a cooperative apartment, one can safely answer that this is not necessary. This housing does not belong to the municipality.

But in order to register a cooperative apartment in ownership, you need to pay a share and secure your right to it in the registration chamber. As a rule, after submitting all the documents, you must wait one month. You also need to pay a state fee in the amount of 1000 rubles. Therefore, the question of whether it is necessary to privatize a cooperative apartment in Russia can be safely answered in the negative. Because this property is not state property.

Is it necessary to privatize an apartment in Khrushchev

This question cannot be answered unequivocally. If the house is not recognized as emergency, then it can be privatized. Otherwise, the law prohibits doing this. From the emergency, citizens are relocated to other municipal housing. But this does not happen very often in our country. Therefore, the existing housing is best privatized and sold, and then purchase another.

Tax

After the procedure is completed, and the citizen receives a certificate of registration of the right to the apartment, he becomes its owner. This means that he will not only have to fully maintain his real estate, but also pay taxes for it. Therefore, not all citizens strive to become owners of municipal housing. All persons who are wondering whether it is necessary to pay tax for a privatized apartment should know that this must be done. Because housing is now considered the property of a citizen.

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Until what year can housing be privatized? Free privatization of housing has been extended until March 1, 2017. Previously, the terms have already been extended twice and, perhaps, this is the last delay. So if you are going to privatize your home it is worth hurrying up. In this article, you will learn everything about the apartment privatization procedure: the stages, the necessary documents, the pros and cons of privatization.

What is apartment privatization?

Privatization is a procedure during which a private person living in a state or municipal apartment becomes its owner. The privatization process began after the collapse of the Soviet Union. Since then, more than 80% of the population have transferred housing to private ownership. The rest continue to live in state-owned apartments under a social tenancy agreement. Some are happy with this situation, as living under a social contract has its advantages. Part of utility costs is paid from the municipal budget. Therefore, many ask the question "Is it worth privatizing an apartment?" Privatization has its advantages. Especially for those who are used to thinking for the future.

Should you privatize an apartment in 2016-2017?

Pros of privatization

Privatization makes the tenant the rightful owner. Owner:

Gets the right to sell, donate, exchange, lease, inherit a privatized apartment

Can prescribe / prescribe any person at its discretion

Can redevelop an apartment

Can get a bank loan secured by a privatized apartment

The right to participate in homeowners' association meetings, having a direct impact on what happens in their home.

In addition to the above, privatization is retroactive. That is, it is possible to carry out deprivatization: to abandon the ownership of the apartment and again conclude a social tenancy agreement with the state. But this can only be done once.

Cons of privatization

Owning an apartment creates new obligations

Having to pay property tax

Home Maintenance Obligations

A privatized apartment, unlike an apartment rented under a social tenancy agreement, can be withdrawn to pay off debt and loan obligations

In addition, it should be noted that often the privatization of emergency housing in the presence of a large number of people registered in the apartment can be a disadvantageous deal. Why? When resettling from privatized housing, the owner will receive an apartment of the same area. If the apartment is rented under a social tenancy agreement, in case of emergency resettlement, the family will receive real estate based on the principle of 18 meters for each registered in the apartment.

Apartment privatization procedure

If you want to appropriate an apartment, you can either ask a lawyer for help or do it yourself. The first option saves time and nerves, the second money. The instructions below will help you do everything yourself.

Privatization of an apartment takes place in several stages:

Stage 1. Obtaining the consent of family members registered in the apartment.It is necessary to obtain a power of attorney certified by a notary from all tenants living in the premises or their refusal to participate in the privatization. The power of attorney must indicate that all registered in the dwelling agree to the privatization of the apartment.

Stage 2. Collecting the necessary documents.

What documents are required for privatization:

Copies of passports and all registered in the dwelling;

Copies of birth certificates of minors who are registered in housing (if any);

Copies of the death certificate of all citizens who were registered in the apartment at the time of death;

Copies of documents confirming the change of surname, name, patronymic (if necessary);

Notarized copies of documents confirming participation in the privatization;

A document confirming registration at the place of residence (for foreigners);

A certificate stating that you have not previously participated in privatization (issued by the housing department at the place of residence);

All documents for the object: warrant, exchange order, social contract, residential passport, extract from the order;

Redevelopment certificate (if carried out) issued by the BTI;

Notarized refusal of minor family members from privatization.

Some nuances about free privatization

Who can privatize an apartment?

The right of privatization belongs to persons registered in accordance with a social employment contract.

Can a minor take possession of an apartment during privatization?

- Maybe, but this requires the consent of all family members.

Who cannot privatize an apartment?

Persons living in it under a gratuitous use agreement, persons living temporarily, close relatives not registered in the apartment, persons who have already used the right of privatization.

Which apartments can be privatized and which not?

You can issue privatization for objects related to state and municipal housing stock. Apartments in disrepair, in hostels, in houses of closed military camps, as well as office living quarters are not subject to privatization.

Who is eligible for privatization

The right to become an owner belongs to the one who currently lives in it on the basis of a social employment contract, i.e. the employer and his family members. If housing is provided to a person under a contract of gratuitous use, it is not subject to privatization. Persons who temporarily reside there cannot apply for a living space, regardless of the degree of relationship with the tenant.

In January, it became known that free privatization for all Russian citizens would be extended for one more year - until March 1, 2017, while the authorities made it clear that a new extension of the free privatization period should not be counted on. Read about the pros and cons of privatization, as well as what it will take to privatize housing in 2016, in our new article.

Pros and cons of privatization.

Do I need to privatize housing? Everyone will have to answer this question on their own, because there can be many situations and in each case an individual approach is required. Let's try to understand the pros and cons of privatization.

Advantages of privatization:

• The property becomes your property. You can sell or donate an apartment without the approval of officials.
  It is impossible to evict you from your home, only by court order.
• If the house is found to be in disrepair, you must be provided with new housing or paid compensation equal to the market value of the apartment.
• A privatized apartment can be bequeathed or inherited.
• You can register new tenants in an apartment without the approval of the municipal authorities.

Cons of privatization:

• You are required to pay annual tax on the privatized apartment and major renovation fees.
• After the privatization of the apartment, you lose the right to receive compensation in case of fire, flood, gas explosion, etc.
• A privatized apartment is inherited by all legal heirs in the event that there is no will.

Which housing cannot be privatized?

Contrary to popular belief, not every apartment can be privatized. So, you cannot privatize square meters that are in an emergency house, dormitory or office space. However, there are exceptions - it is allowed to privatize housing that belongs to the housing stock of a state farm or an enterprise in the countryside, which is equivalent to their housing stock.

What will happen if housing is not privatized?

According to experts, the risk of losing an apartment if privatization is abandoned is minimal. If you do not privatize your home, you will be in the status of tenant with the obligation to pay rent according to the rates set by the municipality.

What documents are required for free privatization?

Please note that the list of required documents for the privatization of housing is not established at the federal level. The complete list of documents depends on the region in which you live. However, the documents for privatization, which will be required in any subject of the Russian Federation, can be listed:

• application for privatization;
• passports of all citizens who will participate in the privatization of the apartment;
• technical and cadastral passports for the apartment;
• social employment contract or move-in order;
• f3 certificate of registration at the place of stay;
• an extract from the house book about the persons registered in the apartment;
• a certificate that the citizen did not participate in privatization;
• an extract from the personal account about the absence of debts for utility bills;
• if only one of the family members is engaged in privatization, then powers of attorney in his name from each adult registered in the apartment will also be required.