The consequences of a non-privatized apartment. What will happen if the apartment is not privatized: the pros and cons Conditions for the privatization of an apartment per year

The privatization process began back in 1991. This term means the procedure for the transfer of state and municipal real estate to private ownership.

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The final terms of privatization have been repeatedly postponed, at the moment free privatization has been extended until the end of 2019.

In this article, we will consider why you need to privatize an apartment in 2019, the pros and cons, and also consider the privatization process, and what documents are required for this.

What you need to know

Today, some are in a hurry to have time to register an apartment as private property, while some, on the contrary, consider this process inappropriate. After all, both cases have both advantages and disadvantages.

Consider what a privatized apartment means, the benefits of transferring housing to private ownership, whether it is worth doing.

Necessary terms

Who has the right

To privatize housing or not is an individual decision of each citizen. The right to carry out privatization belongs to citizens living in an apartment rented out under a social rental agreement.

Any person living in housing at the base has the right to purchase this apartment for personal ownership through privatization.

In accordance with the legislation, an apartment is allowed only once.

However, minor children who participated in the privatization before the age of 14 will be able to privatize housing once again in adulthood.

If the persons registered in the apartment own other housing, this will not become an obstacle to participation in the privatization process.

All persons living in an apartment under a social rent agreement, regardless of the area of \u200b\u200btheir own housing, have the right to a one-time free.

The right to participate in the privatization has both family members of the tenant of housing, and persons who are not related to him, but are registered in the same apartment.

Legal regulation

Privatization processes are regulated by the following regulatory legal acts:

According to the legislation, privatization is not a mandatory process.

It is carried out on a voluntary basis if a citizen wishes to privatize housing. The free privatization period expires at the end of 2019.

Is it worth privatizing an apartment

Let's consider the procedure for carrying out the procedure, whether it is necessary to do this, what advantages you will receive by privatizing an apartment.

Procedure for the procedure

The first stage will be the collection of the necessary documents that need to be submitted to the government agency.

The main list of documents includes:

social loan agreement;
order for an apartment or an extract from the order;
explication and floor plan obtained at the BTI;
originals and copies of passports of all citizens registered in the apartment;
if minor children live in the apartment, originals and copies of them are needed;
of all registered and retired citizens;
copy of personal account with data on utilities;
if the surname of any of the family members has changed, you must attach documents with confirmation, for example,;
an application for privatization together with the written consent of all registered persons;
if someone refuses to participate in privatization, a notarized refusal is required.

It should be noted that if persons who, after June 1991, did not have a permanent address at this address, participate in the privatization, it is necessary to attach extracts from house books at the previous addresses of residence to the package of papers.

If the person living in the housing has already participated in the privatization, then he does not have the right to re-participate, however, in any case, he must give written permission to conduct the process.

The specifics of the privatization process:

There are one-stop shops or multifunctional centers in the Russian Federation	Which you can contact on any issue and provide documents for registration of privatization. There is a housing committee in Moscow, in other regions you need to contact the local authorities in charge of housing issues
It is necessary to present to the authorized body with the entire package of documentation	The personal appearance of all participants in the privatization is required. If a representative is involved in the process, you must attach a notarized
Government officials check all documents	And only after a thorough check, the participants sign a privatization agreement
The last step will be the registration of property rights with the Rosreestr authority	The applicant must apply in the presence of a representative of the authorized body who is a party to the privatization agreement

Documents that are required for state registration of the transfer of ownership in Rosreestr:

application for state registration from all parties to the agreement or representatives;
privatization agreement;
applicant's passport and notarized power of attorney in the case of a representative;
written refusals to privatize;
notarized copies of the social loan agreement;
certificates on the availability of privatization rights for all persons;
extracts of registration for previous places of residence (after June 1991);
in the case of minor children, permission from the guardianship authorities;
the root of the entry.

In each individual case, additional documents may be required; this list must be clarified with the local authority of Rosreestr.

The term for registration of a privatization agreement, depending on the region of the Russian Federation, varies within 30-60 days. The term for state registration of property rights is 15-20 days.

What happens if you don't

Before deciding to participate in privatization, it is necessary to weigh all the advantages and disadvantages.

On the one hand, after privatization, housing can be sold, exchanged, inherited, used as collateral in the future.

However, the cost of maintaining such an apartment will also increase. After all, the owner will need to pay, which will be increased due to the calculation of its amount based on the apartment.

Also, the owner will have to pay the costs of the overhaul of the residential building. In a municipal apartment, such expenses were on the shoulders of the authorities.

Consider some of the nuances if a citizen does not want to privatize housing:

The undoubted advantage of privatization will be that the citizen becomes a full-fledged owner of housing and can dispose of the apartment at his own discretion - bequeath or pledge at the bank when registering a mortgage.

Also, a citizen has the right to register any person on his living space, to carry out redevelopment of housing. It should be borne in mind that privatization can be canceled, that is, deprivatized.

That is, a citizen can give up property and re-enter into a social employment contract. However, such a transaction can also be executed only once.

From a privatized apartment, if there is a debt for the authorities, they have no right to evict the owner.

In a situation where the tenant of municipal housing has debts for utilities for more than six months, the authorities have the right to evict him.

Responsibility for municipal housing lies with municipal or state authorities.

Therefore, in the event of emergencies or unforeseen, for example, fire or flood, the damage will be compensated to the employer.

Or he will be offered an apartment similar in size and living conditions. In the case of a privatized apartment, all costs are borne by the owner.

If an elderly person lives in an apartment that has been privatized, who has nowhere to wait for financial assistance, he will be charged large expenses for the renovation of the building.

If you do not carry out privatization, then all expenses for the overhaul of a residential building will be borne by government agencies.

What is different from non-privatized

As a result of the privatization of municipal housing, the owner receives the full right to dispose of the apartment at his own discretion.

He can sell or exchange housing, donate or bequeath, make and legalize it in the BTI.

That is, practically a person gets the right to conduct a deal of any kind with the living space. In the event of a divorce for a municipal apartment, both spouses have equal rights to use the living space.

If one of the spouses privatized the apartment before the marriage and is its official owner, then after the divorce, he remains its sole owner.

In a situation where a citizen is unable to repay the loan to the bank, the municipal apartment cannot be taken away, and the privatized housing can be sold at auctions, and the proceeds will be used for repayment.

This is a significant disadvantage of a privatized apartment. However, the privatization of a municipal apartment also has many advantages.

Video: why the State Duma extended the privatization of housing indefinitely

For example, if a house is declared dilapidated or is subject to demolition, the state must provide similar housing to all tenants of this house.

In the Moscow region, a person must have at least 18 square meters of living space.

If the squaring norm turns out to be less, then citizens have the right to apply for a free increase in living space and housing conditions during resettlement.

Then it is better not to rush and not to carry out privatization. The privatization procedure is lengthy and costly. Also, you may face some difficulties in the process of collecting a package of documents.

Nuances in Moscow

The process of privatization of housing in Moscow and the Moscow region is a pressing issue for many citizens living in the capital.

Since the registration of an apartment in personal ownership becomes a guarantee that the person will be able to dispose of the apartment at his own discretion.

The privatization process has been going on for 15 years, and once again the government has extended the free privatization period until the end of 2019.

19116

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.

Although the government recently extended the free privatization timeline once again, it could end on March 1, 2018.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve your problem - contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It is fast and IS FREE!

Concerning:

some citizens are hastily collecting documents and transferring housing to private ownership;
others, having calculated the pros and cons of the consequences, if the apartment is not privatized, remain among the tenants.

Housing - property of the municipality

Privatization is the process of transferring housing from state ownership to private ownership, launched in the 90s of the last century. Until that time, there were practically no apartments in the ownership of citizens.

The housing-building cooperatives that appeared somewhat earlier had not yet managed to generate any significant number of owners.

One of the reasons to transfer the apartments to the people living in them was the opportunity to pass on to them a significant part of the cost of maintaining this property.

In addition to paying for utilities, the owners bear the costs of:

current and major repairs;
maintenance of the local area, etc.

Yet many citizens remain in municipal apartments and do not want to exercise their right to privatization. They stay in apartments on the basis of indefinite social employment. Even after the expiry of the free privatization period, no one will take this right away from them.

That is, if the apartment is not privatized, the consequences of such a decision will not lead to the loss of housing.

However, the right to public housing is rather limited. The tenant with whom the contract is concluded can use this apartment throughout his life.

Besides him, his family has the same right:

children;
parents;
spouse.

All of them are allowed to register (register) without asking permission from the owner (city).

Everyone who is registered as the tenant's family has the right to live in the apartment for life. And also for registration in it in the future, their spouses, children, etc. This continues until all those who have the right to an unlimited use of this housing finally leave it.

Accommodation in a municipal apartment is not free. A rent is charged for the use of the premises and provision of communal benefits. If employers stop paying it, then six months later they may be.

The municipality has the right to terminate the contract early on this basis. It, like all other reasons for eviction from rented housing, is set out in the Housing Code - the main document regulating relations in the field of residential real estate.

What are the consequences if the apartment is not privatized?

It turns out that those who refused to privatize their living space have no risk of being on the street, provided that the terms of the lease agreement are met. Is it really necessary in this case to make efforts to get the property and? Let's try to figure it out.

Cons of privatization

There are quite a few negative aspects related to privatization. And this is not only the need for contact with various kinds of officials and the hassle of collecting documents.

Most of the disadvantages are associated with the subsequent ownership of such housing after privatization.

First, private property is taxed. Until recently, it was symbolic, constituting a small part of the book value of housing, calculated by the BTI. But from 2018, the calculation will be made at the cadastral value, which is more close to the market price.

In large cities, where housing is traditionally expensive, this tax is predicted to grow 5 times or more.

Secondly, homeowners are involved in the costs of:

apartment maintenance;
the whole house.

Consequently, the costs of maintaining the property common to all apartments, as well as major repairs, will also have to be borne.

Third, privatization is a one-time event. You can participate in it once in your entire life. And having received a small share in a small apartment, you will have to buy additional space at the market price to expand your holdings.

However, after the expiration of the free privatization period, it will be possible to obtain ownership of this housing only on a reimbursable basis.

What will happen to the apartment?

In January it became known that free privatization for all Russian citizens would be extended for another 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.

Should housing be privatized? 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.

Apartments in our country have been privatized since 1992. All this time you should not have paid to carry out this transaction, but the program was not declared as eternal, and soon it may come to its end.

The government did not allow the first time to complete the privatization procedures in 2007. In 2015, the government announced that the deadline would be extended for the last time and would expire on March 1, 2016. However, the latest news refutes earlier promises.

Why is it necessary to privatize housing

In order to become a full-fledged owner of socially rented housing, it is necessary to draw up documents on its privatization. There are a lot of rumors about this procedure and everyone independently decides whether it is necessary to undergo a free registration of real estate in ownership. On the one hand, you will be able to completely dispose of your living space, and on the other, there are many nuances that need to be taken into account. The pitfalls of taking over ownership of public housing:

increase in property tax;
other calculation of utility bills (for example, a payment for the maintenance of common property may be added);
when the house is demolished, the opportunity to get a large living space will be lost (often the owners receive only monetary compensation for the cost of the apartment);
seizure can be imposed on privatized property, while municipal housing is not entitled to take it away if there are borrowed debts.

There are many positive aspects to the opportunity to enter into property, so more and more people are trying to go through the privatization procedure, while the state gives it to be done free of charge.

After taking over the property, you will have the right to register any person in the apartment. If shares are allocated during privatization, then only the consent of other property owners must be obtained.
Redevelopment documents after passing the procedure will be easier to issue. You only need to coordinate your actions with the Bureau of Technical Inventory.
With a debt for utilities, they are not evicted from privatized housing. According to the law, eviction for debts on monthly payments for the maintenance of the premises is possible only from municipal housing. After you take over property for this obligation, you can only turn off communications.
It is easier to live in your own home, from a psychological point of view, but not only this becomes a decisive argument in favor of privatization. The main advantage of home ownership is the ability to rent, donate, sell and make other transactions with apartments.

As a result, everyone living in municipal housing must decide for himself what privatization will bring him and whether it is necessary to go through this procedure. Many citizens of our country try to have time to participate in the free program, since after the expiration of the term, if necessary, privatization will have to pay.

Why privatization is being extended

This is not the first time that parliamentarians have extended the program of free registration of housing into ownership for several reasons:

a large number of people on the waiting list are living in dilapidated and dilapidated housing, awaiting a decision on resettlement;
citizens from the annexed territories (Crimea and Sevastopol) must also have time to take advantage of the privileges;
difficult economic situation.

Under such conditions, it is not profitable in the country to deprive citizens of the opportunity to participate in the free privatization program. This can not only provoke social unrest, but it will also be dishonest in relation to citizens belonging to the first two categories:

Those who are now awaiting resettlement, according to the government, should make their choice only after receiving a new apartment.
On the Crimean peninsula, a campaign is now underway to take an inventory of municipal property; those renters whose apartments are not included in the general register are currently unable to apply for privatization.

In this regard, the parliamentarians made another decision to extend the opportunity to register housing in the property on a gratuitous basis. This will equalize the rights of all citizens and help solve social problems. In parallel with the work of the privatization program, government projects such as the resettlement of citizens from dilapidated housing and an urgent inventory of the housing stock of the annexed territories will operate.

What could expect citizens after spring 2016

For several years now, when considering the prospects for privatization after the term, representatives of the authorities disagree. Many advocate that the program should be closed and consider providing this service for a fee. For this, it is supposed to set a fee for registration of housing.

But not everyone is so categorical, Dmitry Medvedev at the beginning of 2016 made a statement that this program cannot be prolonged forever. If citizens cannot meet the deadline, then it is worth making the privatization permanent on a gratuitous basis. This opinion was justified by the fact that after the expiration of the privatization of housing, emergency housing will not disappear and it is necessary to take into account the specific conditions in the Crimean territories.

Members of the Fair Russia party suggested that free privatization be valid for at least another two years - until early March 2018. According to the party representatives, this additional period will allow to complete the inventory on the Crimean peninsula.