During the Soviet era, the entire housing stock (apartments, rooms, houses) of the country was owned by the state. During perestroika and Russia's transition to capitalist development, the question arose that residential premises should become private property, since this is a distinctive feature of capitalism (in communism, all property belongs to the state).
In order to transfer residential premises into the possession of citizens, a special Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” was developed.
From 1991 to the present, this document has undergone a large number of changes and amendments (for example, Section III on the maintenance and repair of privatized premises has become invalid), but some of its provisions are still in force.
In accordance with Art.
1 of this Law, privatization is the free transfer into ownership of citizens of the Russian Federation on a voluntary basis of apartments, rooms, houses they occupy in a state or municipal fund. Initially, until 2005, people moved into housing on the basis of a warrant, and later - on the basis of a social tenancy agreement. In this case, they are considered tenants (tenants).
If you are an employer, you can privatize exactly the apartment that you “rent” from the state, that is, you live in it.
How many times can you participate in privatization?
Article 11 of Law No. 1541-1 of July 4, 1991 contains the exact answer about how many times residential premises can be privatized: just once. If you have already received ownership of housing from the state, then you will not be able to participate in the privatization of another apartment.
An exception is made for citizens who were minors at the time of concluding the agreement for the gratuitous transfer of housing. They have the right to privatization when they reach the age of 18, but they can only use it once. Sometimes citizens who have become homeowners, after some time, want to give it up, that is, to deprivatize the apartment. This possibility is provided for by current legislation (Article 9.1 of the Law on Privatization). In this case, he returns the apartment to the state, and he himself becomes a tenant. In this case, the citizen’s right to free privatization is not preserved, since it has already been used.
How to privatize an apartment
- extract from the house register;
- a certificate confirming payment for housing and communal services;
- consent of all persons registered in the apartment;
- refusal to participate in the privatization of this residential premises;
- certificates stating that none of these citizens used their right to privatize housing;
- copies of a passport, copies of a birth certificate, a change of name, a marriage or divorce, a death;
- order or agreement for social rental of an apartment;
- Explication from the floor plan of the building.
After collecting documents, you need to contact the government authorities responsible for the transfer of housing into the ownership of citizens to conclude an appropriate agreement. Based on this agreement, citizens receive certificates of registration of property rights in Rosreestr. Only after receiving such a certificate can you consider yourself the full owner of the apartment.
What kind of housing cannot be transferred to the ownership of citizens?
Residential premises are not subject to privatization:
- almost all office premises;
- in dormitories;
- in closed houses;
- in emergency houses.
Emergency houses - subject to demolition and resettlement or reconstruction. The building is recognized as unsafe based on the conclusion of a special commission. At the same time, dilapidated, emergency, requiring major repairs are different concepts.
How to become a renter again
If you decide to deprivatize an apartment, then you need the consent of all its owners who previously participated in the agreement. If it is received, you can submit an application and the necessary documents to the relevant government authorities. It will not be possible to return to the status of a tenant if at least one of the owners is against it, the apartment is encumbered with obligations (for example, it is collateral for a loan), or the house is declared unsafe. There is no opportunity to privatize the apartment again.
An agreement on the gratuitous transfer of housing into the ownership of citizens may be declared illegal by a court decision. For example, during privatization the rights of persons temporarily absent from residential premises were not taken into account. In such a situation, the opportunity to become owners remains, since privatization is considered failed.
Rights and responsibilities of a homeowner
The rights and obligations of the owner and tenant in relation to the apartment are different.
The tenant can freely use the residential premises, but cannot dispose of them without the permission of the owner.
The tenant must maintain and preserve the housing entrusted to him: make repairs, pay for housing and communal services (including current repairs, but major repairs are paid by the owner).
After the death of a citizen, persons registered in the apartment retain the right to reside in it.
The owner can dispose of the residential premises as he wishes: sell, leave as collateral, donate, bequeath, etc. In accordance with the Housing Code of the Russian Federation, he has the right to take part in the management of an apartment building by participating in voting. At the same time, the range of responsibilities of owners is expanding.
In addition to preserving and maintaining property, owners are obliged, in accordance with the Tax Code of the Russian Federation, to pay property tax for individuals, as well as to bear the costs of paying for major repairs of the common property of an apartment building. According to the Housing Code of the Russian Federation, since 2014 all owners are required to pay a monthly fee for major housing repairs.
The exception is emergency buildings.
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Who can privatize an apartment and how many times
The term “privatization” refers to the paid transfer of state or municipal housing into the personal ownership of citizens. The law “On the privatization of the housing stock of the Russian Federation” was issued specifically for the correct implementation of this procedure.
However, there are still non-privatized apartments left in the housing stock, since not all citizens took advantage of the opportunity to obtain ownership of real estate free of charge. Let's figure out who has the right to privatize an apartment and how many times.
What housing can be privatized
Twenty years ago, an interesting procedure called “privatization” appeared in the lives of citizens of the Russian Federation (and at that time the USSR). Thus, apartments from the state housing stock became civilian property.
It is also worth noting the fact that in the USSR not all apartments belonged to the state. Some of the residential property belonged to enterprises, collective farm and private construction was popular in villages and villages, and cities had corporate real estate. Such apartments, which did not belong to the state, were not subject to privatization then, and do not belong to it now .
But these are not all the factors indicating the impossibility of privatizing an apartment in relation to a citizen. It is also impossible to privatize housing if it :
- Is in a state of disrepair or prone to destruction;
- It is located inside a military camp;
- Has the status of a hostel;
Citizens living in such categories of real estate do not have the right to privatize housing.
How many times in your life can you go through privatization?
The possibility of undergoing privatization only once for one citizen is clearly stated in Russian legislation. But still, every rule has an exception. So here, minors can go through privatization twice:
- The first time together with parents or persons replacing them;
- Independently after reaching adulthood.
Any other citizen who has gone through the privatization procedure once will never again be able to repeat the same steps in this direction.
However, if we take children as the subject of consideration, we will notice that the legislation regarding them has changed quite often.
The first privatization of children is usually carried out without their direct participation, in connection with which a lot of controversy and discussion has arisen.
After reaching the age of majority, many of these persons file a lawsuit in court to dispute the old decision regarding the privatization of apartments. Most often, these citizens win court cases.
Types of privatization
If a citizen belongs to the category for which the opportunity to privatize housing is available, then the next step is to determine the type of privatization that will be more correct and profitable for this citizen to use.
In the event that an apartment should be privatized into the sole ownership of one of the family members, the remaining relatives living on these square meters must officially provide a refusal, certified by a notary or at the time of registration of privatization documentation with the Rosreestr authorities.
Also, minors can sign a waiver, but in most cases the guardianship does not give its consent to this.
Next, you will learn how you can privatize an apartment with debts on utility bills.
Spouses living together have the opportunity to register the apartment as common property . But after such a procedure, they can dispose of real estate only with mutual consent.
There is also the possibility of privatizing equal parts of the apartment area for each relative if there are more than two of them living in the apartment. Thus, the apartment becomes common shared ownership.
Conditions and who can privatize an apartment
The legislation of the Russian Federation grants the right to privatization to all citizens who live in a municipal or state apartment. The exception is those apartments that have the signs described above. But even in this case, there are still some subtleties and nuances.
For social hiring
An important condition for the privatization of housing is living in an apartment under a social tenancy agreement . Failure to comply with this condition leads to refusal by the local administration and registration authorities. There is also a technical issue in this agreement.
Another condition for the privatization of a social rented apartment is the status of a tenant. Transfer of ownership is possible only if the citizen lives in this apartment permanently . Those persons for whom the property is “reserved” can carry out a similar procedure. Privatization is impossible for citizens who do not live in a given residential area permanently.
For free
Every citizen living in a social rented apartment has the right to free privatization of housing. The only limitation in this case is the impossibility of repeating the privatization procedure.
For shares or part of an apartment
In this case, the apartment is divided into equal parts for privatization of each of the persons living in it. Persons have the right to dispose of their share as they wish. Lawyers support this type of privatization due to its convenience. In addition, this does not burden the spouses with the division of property during a divorce.
If housing is municipal
In the USSR, apartments were located not only in the state. Many collective farms and enterprises had their own set of housing. To privatize such an apartment, two conditions must be met: permanent residence in this living space and the consent of all residents of the apartment to privatization
Children
This is the category of citizens who, in some cases, can undergo privatization twice. After reaching the age of majority, a citizen can go to court to declare the previous privatization invalid.
Illness and disability
Disabled or incompetent citizens can also participate in privatization. Of course, they cannot carry out the procedure on their own, so the guardians take on all the responsibilities for carrying out the procedure.
Video: Who can participate in the privatization of an apartment and how many times
How much does privatization cost for the second time?
For example, many do not know how many times one can participate in the privatization of housing in different apartments, whether it is possible to turn over ownership of municipal housing twice in one’s life, and the grounds for carrying out such a procedure again. You will learn the answers to these and some other questions from our article. Is it possible to participate in privatization a second time? In the same normative act, in its second article, it is determined that absolutely all citizens can go through the procedure for free access to property, regardless of gender, age, presence of diseases, disabilities, criminal records, and other things. However, only once in a lifetime. The requirements that the legislator sets for persons wishing to privatize residential premises:
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Content:
- Is a second privatization of the apartment possible?
- Is it possible to participate in privatization a second time?
- How many times can you participate in housing privatization?
- Do you need to privatize the apartment you live in?
- Is it possible to participate in privatization a second time?
- Is it possible to re-privatize an apartment, and who can privatize housing a second time?
- Secondary privatization of the apartment
- How many times can one person privatize an apartment?
- How many times can you participate in privatization?
- How many times can you participate in privatization?
WATCH THE VIDEO ON THE TOPIC: Who needs housing privatization?
Is a second privatization of the apartment possible?
Second attempt after privatization How many times can an apartment be privatized? Most residents of our country know what it means to privatize an apartment, and from their own experience.
Just in case, let us remind you that this means registering ownership of the state municipal apartment in which you and your household live for free. What is privatization and why is it needed? Read more here.
This procedure itself is regulated by a special law. According to this law, any citizen of our country can participate in privatization only once. This rule has exceptions: The first exception is designed to protect the interests of children, the second protects citizens who suffered as a result of an illegal decision on privatization by government agencies.
It is prohibited to abuse your rights under Russian law. If you own two apartments, is it possible to privatize the second apartment?
Separately, it is worth highlighting the question of whether it is possible to privatize housing if you already have an apartment or house. For example, a person lives with his family in a non-privatized apartment under a social tenancy agreement, and suddenly receives another housing in the form of a gift or inheritance.
Let us turn to the same Law, which clearly states: This means that you can lose this right only after using it. I privatized an apartment once and that’s it, I can’t do it anymore. But whether they have other housing, obtained for other reasons, does not matter.
Privatization of a second apartment If you already have housing that was NOT obtained as a result of privatization. We found out that you can have at least ten apartments, but when you apply for privatization for the first time, no one has the right to refuse you. At the same time, the registration process itself will not differ in any way.
That is, you collect the documents necessary for privatization and register ownership. Russian citizens have the right to privatization once. If your parents registered living space for themselves and you when you were still a child, you can repeat this as an adult, but with a different apartment.
The main problem here is to obtain the right to live in such an apartment. Find out who is provided with housing under a social tenancy agreement here. After you have succeeded, feel free to apply to register it as property. The registration procedure is also standard for you.
Voluntary return of housing. This is allowed by our legislation. Regulatory justification - Article 20 of the Federal Law from Motivation can be different: The design is also quite simple: All other owners, if you are not the only one, must agree with this.
Forced cancellation. It is possible only on the basis of a court decision. The act of privatization itself is a transaction, and its parties are the citizen and the state. If a transaction was made with serious violations of the law, it may be canceled at the request of one of the parties or the person whose rights it affected.
Such vices, for example, include cases of privatization of housing with children without the consent of guardianship or housing that could not be privatized. In this case, deprivatization of the apartment with the minor is necessary to restore the rights of the child. If the court, having examined all the circumstances, decides to cancel privatization, this actually means a return to the original situation.
Lawyers call this double restitution. For this reason, we advise you to seriously consider the legal consequences of such a refusal. When such a decision comes into force one month after it is made, it must be submitted to the registry. That's it, now we can assume that you did not participate in privatization.
After this, the law allows you one more attempt: A lawyer talks about the possibility of re-transferring an apartment into private ownership: All our citizens are equal, and the process of free transfer of housing is subject to this principle and it will not be possible to privatize as many residential properties as you like.
That is why the law still establishes exceptions for certain categories: Read our article on how to privatize a service apartment. Free legal support by phone: Moscow and Moscow region: Due to recent changes in legislation, the legal information in this article may be out of date!
Our lawyer will advise you free of charge.
Is it possible to participate in privatization a second time?
But there are also notes to the law that do not prohibit a person from once again taking ownership of another home. What cases allow such actions? How to get free housing from the state again? What is it? Re-privatization of an apartment is the entry into ownership rights free of charge for the second time in your entire life.
The legislation of the Russian Federation allows participation in the registration of property rights repeatedly - the maximum limit has not been established.
Who has the right to it Who can participate in privatization twice: Citizens who, before reaching adulthood, have already participated in the privatization of an apartment together with their official representatives - parents or officially appointed guardians.
According to the Law, you can privatize an apartment once for free, all. How much more will it actually cost to privatize a second time and all?
Privatization is the process of transferring property from state or municipal ownership to private hands. If we are talking about recognizing a citizen as an owner, or registering ownership of an apartment built in a cooperative, then the process cannot be called privatization. General rules Repeated privatization by law is possible only for persons under age.
For everyone else, the transition from state to private ownership is possible only once. In order to obtain such a right, a citizen must permanently reside in a certain living space, pay rent, in a word, be considered the owner of the apartment. According to the law, in this case, free privatization is issued once.
Exceptions include children under the age of majority.
Do you need to privatize the apartment you live in?
Privatization of an apartment During this process, existing property, in particular real estate, is transferred into private hands. After this, the new owner has the opportunity to dispose of the apartment at his own discretion, without any restrictions.
We emphasize that only property that was previously in municipal or state ownership can be privatized.
In simple words, after privatization, housing users will be able to use it at their own discretion, without any external restrictions.
No, we are not talking about buying and selling or renting an apartment. There is a very profitable and simple procedure called privatization.
No, we are not talking about buying and selling or renting an apartment. There is a very profitable and simple procedure called privatization.
But at the same time, the right to receive housing has a number of restrictions - a person can take advantage of the attempt to privatize an apartment or house only once in his life.
True, there are exceptions here too, to which close attention should be focused. How many times can you take part in the privatization of residential premises?
Is it possible to re-privatize an apartment, and who can privatize housing a second time?
Government decree from Who has the right The list of persons who are given the right to re-obtain housing ownership through free privatization is very limited. The list of such persons is limited. The main category is minors. Thus, the latter can participate in free privatization twice, either with or without receiving their own share in both cases.
According to the Law, you can privatize an apartment once for free, all. How much more will it actually cost to privatize a second time and all?
The law allows citizens to participate in the procedure only once; re-privatization of an apartment or other residential government premises is permitted under certain conditions: It can be permitted to an adult citizen who wishes to privatize a municipal apartment. But earlier, as a minor, he had already taken part in the privatization of other housing together with his legal representatives. Special requirements are repeatedly imposed on the transaction.
How many times can one person privatize an apartment?
You can find out how to privatize an apartment if the order is lost, as well as how to restore the agreement for transferring ownership of the apartment on our website. Basic conditions There are a number of questions: Who has the right to privatize housing? Is it possible to privatize an apartment if you have already participated in privatization? How many times can you participate in the privatization of an apartment?
A citizen has the right to privatization only once. Free once, unlimited payment.
Second attempt after privatization How many times can an apartment be privatized? Most residents of our country know what it means to privatize an apartment, and from their own experience.
Just in case, let us remind you that this means registering ownership of the state municipal apartment in which you and your household live for free. What is privatization and why is it needed? Read more here.
This procedure itself is regulated by a special law.
How many times can you participate in privatization?
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VIDEO ON THE TOPIC: How to privatize an apartment in 2018 on your own - documents and cost of housing privatization
You can participate in free privatization of housing... And more than once!
“It is very important not to stop asking questions. Curiosity is not given to man by chance.” Albert Einstein
Thus, according to the position and logic of officials, local governments and privatization bodies, each citizen has the right to privatize housing only once. That is, in their opinion, the right to privatize housing is used by the very fact of a one-time privatization, regardless of whether a person privatized, for example, two square meters of housing or twenty.
- Which is fundamentally wrong and violates the right to privatization, for the following reasons.
- Thus, free privatization of the state housing stock is determined by the total area of the apartment (house) in which the tenant and members of his family permanently reside, and the sanitary standard of the total area subject to privatization, but is not limited to the number of apartments (houses) of the state housing stock, the area of which corresponds to the specified sanitary standard.
- Therefore, citizens of Ukraine have the right to use housing checks for the privatization of the state housing stock in full, regardless of whether the total area of one or more apartments (houses) meets the sanitary standard.
- That is, if the area of the occupied apartment (house) is less than the sanitary norm, then the citizen has the right to use the remainder of the housing check to privatize another apartment (house) of the state housing stock, the tenant of which he is, or a share of the property of state enterprises, land fund.
- For the privatization of the state housing stock, housing vouchers are considered fully used if the total area of the apartment (house) is transferred free of charge from the state housing stock to the ownership of the tenant and each member of his family, based on the sanitary norm of 21 square meters per tenant and each member of his family and an additional 10 square meters meters per family.
- Also, a housing check is used in full once if its balance after the free privatization of housing, the area of which is less than the sanitary norm, is used to acquire a share of the property of state enterprises, land fund, or the entire housing check is used to privatize a share of the property of state enterprises, land fund .
- Thus, only the full use of housing checks is a fact of one-time exercise of the right to free privatization of housing provided for in paragraph 5 of Article 5 of the Law of Ukraine “On the privatization of state housing stock.”
Privatization of the total area in several apartments (houses) of the state housing stock within the established sanitary norm and the nominal value of the housing check is not repeated.
This was confirmed by the Constitutional Court of Ukraine in the Decision of June 10, 2010 N 15-rp / 2010 in the case regarding the official interpretation of the provision of paragraph 5 of Article 5 of the Law of Ukraine “On the privatization of state housing stock” (the case of free privatization of housing).
I would like to note that despite the fact that the Constitutional Court of Ukraine made such a conclusion back in 2010, officials continue to stick to their line of refusing privatization to citizens on the grounds that they have already taken part in privatization once, without taking into account the above circumstances.
Therefore, the court will help you defend your rights.
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