Consequences of a non-privatized apartment. What will happen if you do not privatize an apartment: the pros and cons Conditions for privatizing an apartment in a year

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

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The deadlines for privatization have been repeatedly postponed; at the moment, free privatization has been extended until the end of 2019.

In this material, 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 in private ownership, and some, on the contrary, consider this process inappropriate. After all, both cases have both advantages and disadvantages.

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

Required terms

Who has the right

To privatize housing or not is an individual decision of each citizen. Citizens living in an apartment rented under a social contract of employment have the right to conduct privatization.

Any person living in housing on the base has the right to acquire this apartment in personal ownership through privatization.

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

However, minors who participated in privatization before the age of 14 will be able to privatize housing again as adults.

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 lease agreement, regardless of the area of \u200b\u200btheir own housing, are entitled to a one-time free one.

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

Legal regulation

Privatization processes are regulated by the following legal acts:

Under the law, privatization is not a mandatory process.

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

Is it worth it to privatize an apartment

Consider the procedure for the procedure, whether it is necessary to do it, what benefits you will get by privatizing an apartment.

The order of the procedure

The first step will be the collection of the necessary documents that need to be submitted to the state body.

The main list of documents includes:

social contract;
an 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;
a copy of the personal account with data on utilities;
if the surname of any of the family members has changed, you must attach supporting documents, 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 taken into account that if persons who, after June 1991, did not have a permanent one at this address participate in the privatization, extracts from the house books at the previous addresses of residence must be attached to the package of papers.

If the resident has already participated in the privatization, then he does not have the right to re-participate, but in any case he must give written permission for the process.

Specifics of the privatization process:

In the Russian Federation, one-stop services or multifunctional centers operate	In 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 come to the authorized body with the entire package of documentation	Personal attendance of all privatization participants is required. If a representative is involved in the process, it is necessary to attach a notarized
Authorities 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	The applicant must apply in the presence of a representative of the authorized body, which is a party to the privatization agreement

Documents 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;
the applicant's passport and a notarized power of attorney in the case of a representative;
written refusals of privatization;
notarized copies of the social lease agreement;
certificates of the availability of rights to privatization for all persons;
registration statements for previous places of residence (after June 1991);
in the case of minor children, permission from the guardianship authorities;
stub about making .

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

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

What will happen if this is not done

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

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

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 cost of overhauling a residential building. In the 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 a citizen becomes a full-fledged owner of housing and can dispose of the apartment at his own discretion - bequeath or pledge in a bank when applying for 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-conclude a social contract of employment. However, such a transaction can also be executed only once.

From a privatized apartment, in the event of a debt for the authorities, they do not have the right to evict the owner.

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

Municipal or state authorities are responsible for public housing.

Therefore, in case of emergencies or unforeseen situations, for example, a fire or a flood, the damage will be compensated to the tenant.

Or he will be offered an apartment similar in terms of footage 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 and has nowhere to wait for financial assistance, he will be charged with large expenses for the repair of the building.

If privatization is not carried out, then all expenses for the overhaul of a residential building will be assigned to state bodies.

How is it different from non-privatized

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

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

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

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

In a situation where a citizen is unable to repay a loan to a bank, they cannot take away a municipal apartment, and privatized housing can be sold at auction, 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 recognized as emergency or is subject to demolition, the state must allocate similar housing to all tenants of this house.

In the Moscow region, there must be at least 18 square meters of living space per person.

If the square rate is less, then citizens have the right to claim a free increase in living space and living conditions during resettlement.

Then it is better not to rush and not to carry out privatization. The privatization process is lengthy and costly. Also, you may encounter 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 topical issue for many citizens living in the capital.

Since the registration of an apartment in personal property becomes a guarantee that a 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 period of free privatization until the end of 2019.

19116

Until what year can a property be privatized? Free privatization of housing has been extended until March 1, 2017. Previously, the deadlines have already been extended twice, and this may be the last postponement. So, if you are going to privatize your home, you should hurry. In this article, you will learn everything about the procedure for privatizing an apartment: stages, necessary documents, the pros and cons of privatization.

What is the privatization of an apartment?

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 that moment, more than 80% of the population has transferred housing to private ownership. The rest continue to live in state-owned apartments under a social tenancy agreement. Some are satisfied with this situation, since living under a social contract of employment has its advantages. Part of the utility costs is repaid from the municipal budget. Therefore, many are asking the question “Is it worth privatizing an apartment?” Privatization has its advantages. Especially for those who are used to thinking ahead.

Should I privatize an apartment in 2016-2017?

Advantages of privatization

Privatization makes the tenant the full owner. Owner:

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

Can prescribe / prescribe any person at his discretion

Can redevelop the apartment

Can get a bank loan secured by a privatized apartment

The right to participate in homeowner association meetings, directly influencing what happens in their home.

In addition to the above, privatization is retroactive. That is, it is possible to carry out deprivatization: to give up the right to own an apartment and again conclude a social contract with the state. But you can only do this once.

Cons of privatization

Owning an apartment creates new obligations

Having to pay property taxes

Commitment to maintain a home

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

In addition, it is worth noting 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 resettled 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 person registered in the apartment.

The procedure for the privatization of an apartment

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

The 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 privatization. The power of attorney must indicate that all registered in the dwelling agree to the privatization of the apartment.

Stage 2. Collection of necessary documents.

What documents are required for privatization:

Copies of passports and all registered in the residential area;

Copies of the birth certificate of minors who are registered in the 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 privatization;

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

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: a warrant, an exchange warrant, a social tenancy agreement, a residence permit, an extract from the order;

Certificate of redevelopment (if it was 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 is held by persons registered in accordance with a social contract of employment.

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 contract for gratuitous use, persons living temporarily, close relatives not registered in the apartment, persons who have already exercised the right to privatization.

Which apartments can be privatized and which not?

It is possible to issue privatization for objects related to state and municipal housing stock. Apartments in disrepair, in dormitories, in houses of closed military camps, as well as service living quarters, are not subject to privatization.

Who has the right to privatize

The right to become the owner is the one who currently resides in it on the basis of a social tenancy agreement, i.e. employer and his family members. If housing is provided to a person under a gratuitous use agreement, it is not subject to privatization. Persons who temporarily reside there, regardless of the degree of kinship with the tenant, cannot claim housing.

Although the Government recently once again extended the deadline for free privatization, everything could end on March 1, 2018.

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

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

Concerning:

some citizens hurriedly collect documents and transfer 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 is the property of the municipality

Privatization is the process of transferring housing from state ownership to private ownership, launched in the 1990s. Until that time, there were practically no apartments in the ownership of citizens.

The housing cooperatives that arose somewhat earlier have not yet had time 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 costs of maintaining this property.

In addition to paying utility bills, the owners bear the costs of:

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

And yet, many citizens remain in municipal apartments and do not want to exercise their right to privatization. They remain in the apartments on the basis of perpetual social employment. Even after the expiration of the period of free privatization, no one will take away this right 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 quite limited. The tenant with whom the contract is concluded can use this apartment throughout his life.

In addition to him, his family has the same right:

children;
parents;
husband (wife).

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

Everyone who is registered as the employer's family is entitled to lifelong residence in the apartment. And also for the registration of their spouses and children in it in the future, etc. This continues until all those who have the right to indefinite use of this housing finally leave it.

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

The municipality has the right to terminate the contract early on such grounds. It, like all other reasons for eviction from rental 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 observed. Is it really necessary in this case to make efforts to get ownership of housing and? Let's try to figure it out.

Cons of privatization

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

Most of the minuses account for 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 projected to increase by 5 times or more.

Secondly, homeowners participate in the costs of:

maintenance of the apartment;
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.

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

However, after the expiration of the period of free privatization, it will be possible to obtain this housing in the property 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 free privatization should not be counted on. About the pros and cons of privatization, as well as what will be required for the privatization of housing in 2016, read 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 consent of the officials.
You cannot be evicted from your home, only by court order.
If the house is found to be in disrepair, you must be provided with new housing or compensation in the amount of the market value of the apartment.
A privatized apartment can be bequeathed or inherited.
You can register new tenants in an apartment without the consent of the municipal authorities.

Disadvantages of privatization:

You are obliged to pay tax on a privatized apartment and capital repairs annually.
After the privatization of the apartment, you lose the right to receive compensation in case of fire, flood, gas explosion, etc.
The privatized apartment is inherited by all legal heirs in the event that there is no will.

What housing cannot be privatized?

Contrary to popular belief, not every apartment can be privatized. So, it is impossible to privatize square meters that are located in an emergency house, hostel 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 a rural area, equated to their housing stock.

What will happen if housing is not privatized?

According to experts, the risk of losing an apartment if privatization is refused is minimal. If you do not privatize the housing, you will be in the status of a tenant with the obligation to pay for the rent of the housing in accordance with the tariffs 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 full list of documents depends on the region where you live. However, the documents for privatization that 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;
a social tenancy agreement or an order to move in;
F3 certificate of registration at the place of residence;
an extract from the house book about the persons registered in the apartment;
a certificate stating that the citizen did not participate in privatization;
an extract from the personal account on the absence of arrears in 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 shouldn't have been paying to make this deal, but the program hasn't been advertised as forever, and it may soon come to an end.

The first time the government did not allow the completion of privatization procedures was in 2007. In 2015, the government announced that the deadline will be extended for the last time and will 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 housing received by social hire, 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 go through the free registration of real estate in the property. On the one hand, you will be able to fully manage your living space, and on the other hand, there are many nuances that need to be taken into account. Pitfalls of taking ownership of public housing:

increase in property tax;
other calculation of utility bills (for example, a fee for the maintenance of common house 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);
privatized property can be seized, while municipal housing cannot be taken away if there are borrowed debts.

The opportunity to take ownership has many positive aspects, so more and more people are trying to go through the privatization procedure, while the state allows it to be done free of charge.

After taking ownership, you will have the right to register any person in the apartment. If shares are allocated during privatization, then it is necessary to obtain the consent of only other owners of the property.
Documents for redevelopment after passing the procedure will be easier to issue. You will need to coordinate your actions only with the Bureau of Technical Inventory.
With a debt for utilities, privatized housing is not evicted. 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 ownership for this duty, you can only turn off communications.
It is easier to live in your own housing, from a psychological point of view, but not only this becomes a decisive argument in favor of privatization. The main advantage of registering housing as a property 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 period, if necessary, privatization will have to be paid.

Why is privatization being extended?

It is not the first time that parliamentarians have extended the program of gratuitous registration of housing in property for several reasons:

in dilapidated and dilapidated housing today there are a large number of people on the waiting list who are waiting for a decision on resettlement;
citizens from the annexed territories (Crimea and Sevastopol) should also have time to use the privileges;
difficult economic situation.

Under such conditions, it is unprofitable in the country to deprive citizens of the opportunity to participate in the free privatization program. This can not only provoke public unrest, but 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 inventory municipal property, those tenants whose apartments are not included in the general register cannot currently apply for privatization.

In this regard, the parliamentarians adopted another decision to extend the possibility of registering housing as a property free of charge. This will equalize the rights of all citizens and help solve social problems. In parallel with the work of the privatization program, such government projects will operate as the resettlement of citizens from dilapidated housing and an urgent inventory of the housing stock of the annexed territories.

What could expect citizens after the spring of 2016

It is not the first year when considering the prospects for privatization after the deadline, the authorities disagree. Many advocate that the program should be closed and the possibility of providing this service on a paid basis should be considered. To do this, it is supposed to impose 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 extended forever. If citizens cannot meet the deadlines, then it is worth making privatization on a gratuitous basis permanent. This opinion was justified by the fact that after the expiration of the housing privatization period, emergency housing will not disappear and it is necessary to take into account the specific conditions in the Crimean territories.

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