Privatization of housing, apartments under a social tenancy agreement - how to privatize housing, an apartment under a social tenancy agreement in 2023

According to the law, a contract for social rental housing allows you to live in it without hindrance, but does not grant the right to use and dispose of the apartment from a legal point of view. Privatization of an apartment under a social tenancy agreement changes these conditions for the citizen.

Features of privatization of social housing: legislation

The privatization program was developed and came into force over 20 years ago with a limited period of implementation, but each time after its expiration it was extended by the Government. In February 2018, a decision was made to make it indefinite. Therefore, the question of how and whether it is now possible to privatize existing housing if the rights to it are limited by a social tenancy agreement has a positive answer.

In accordance with the legislative framework, namely Federal Law of the Russian Federation No. 1541-1 as amended on December 20, 2017 regarding the denationalization of real estate “On the privatization of housing stock in the Russian Federation,” a notification is contained that an apartment owned by the state becomes a person’s personal property as a result a series of actions wishing to formalize it accordingly.

Important! Privatization is carried out by one person once.

A double transfer of real estate from municipal property to private property is possible only if the previous contract has been cancelled. Also, a citizen can privatize an apartment twice if it belongs to him under social rent, and at the time of deprivatization he has not reached the age of majority.

Acceptable grounds and conditions for privatization

The law defines a number of conditions for a tenant who wishes to register ownership of residential premises, in other words, to privatize an apartment in his own name or in the name of one or all members of his family:

availability of a document justifying the use of a municipal apartment;
the presence of consent or refusal to privatize all family members living in the apartment.

Reference! A standard social tenancy agreement for residential premises serves as the main and only document confirming on the part of the state the fact of transfer of housing to the person living in it, and on the part of the tenant - his officially confirmed right to live in it, but only on limited conditions.

This document is drawn up with the inclusion of special requirements that prescribe to the person with whom it is concluded the conditions for direct possession of the premises.

Responsibilities of the employer under the concluded social tenancy agreement:

use of the apartment in accordance with its purpose and the current norms of the Housing Code;
guarantee of maintaining the proper type of housing without violating the conditions, for example, of the Sanitary and Epidemiological Supervision;
at its own expense, provide repairs or replacement of failed components, sections of the premises or communications;
Pay your rent bills regularly and on time.

The body managing the state housing stock decides that an apartment can be privatized on the basis of a written application, if there are no indications that the tenant has violated one or more of the above points.
The developed conditions for the privatization of a state apartment also include written consent to the privatization of all registered persons, including children over 14 years of age, claiming to receive equal shares calculated for them.
Privatization of housing can be carried out by persons registered in it:

husband or wife;
relatives with a close degree of kinship, for example, children or parents, sisters, brothers;
other relatives with a distant degree of kinship, but living with the employer in a common area and sharing common ground with him, i.e. on one territory, farm.

Other relatives wishing to participate in the privatization process must be granted this right with the approval of the employer through the court.

In the process of transferring residential premises from municipal ownership to private ownership, all persons involved in the process must be specified in the contract. Also, any person has the right to refuse to participate in the process.

Is it worth privatizing social housing at all: pros and cons

Nowhere is it stated that transferring an apartment from public to private is mandatory. A person who has a social tenancy agreement concluded before privatization has the right to live in it for life.

Let's consider the positive and negative aspects of privatized housing.

Housing status

pros

Minuses

Social hiring

There is no charge for major repairs.

There is no requirement to pay an annual property tax.
Opportunity to participate in a program for relocation from housing that is recognized as unsafe.
Compensation in the event of an emergency.
Installation of meters at state expense

There is no right to sell, exchange, donate or inherit property.
Renting non-privatized housing owned by the landlord under a social tenancy agreement is unacceptable.

Private property

Possibility of selling, donating, exchanging housing.

Increased financial burden for housing maintenance.

Any citizen can return an apartment to the state one-time based on an application.

How to privatize an apartment under a social tenancy agreement in 2023

Privatization of housing, apartments under a social tenancy agreement - how to privatize housing, an apartment under a social tenancy agreement in 2023

To understand how to privatize an apartment used by a social rented tenant, let’s look at typical actions for the denationalization of real estate.

This process is carried out in 4 main steps:

Preliminary collection of documentation.
Its provision to the administrative authorities of the locality.
Signing an agreement with the municipality.
Registration of real estate on the basis of a concluded real estate agreement in Rosreestr in your name.

The process is described in more detail below.

Procedure

The apartment privatization program is implemented on the basis of the collected documentation.

Procedure for privatizing an apartment under a social tenancy agreement:

A package of necessary documents is collected for submission at the place of residence to the administration of the city or corresponding locality, department, department, housing policy department or territorial office of the MFC.
A corresponding application is generated and registered on behalf of all relatives living together who wish to privatize housing. A decision is awaited.
With the approval of the municipal authorities, an agreement is formed and signed for the transfer of the apartment for the personal use of the applicant at the legal level. In other words, a so-called housing privatization agreement is concluded with the authorities.
The agreement is submitted to Rosreestr for registration in the name of a private person - in the name of the applicant for the apartment.

Denationalization of real estate is allowed not only by residents, but also by legal entities and even organizations.

Documentation

It is necessary to collect a package of documents for subsequent presentation to the city competent authorities in the field of registration of real estate rights.

The list of mandatory or additional documents, if circumstances provide for them, for exercising the right of privatization includes:

passports of all participants in the process, including 2 copies of birth certificates for children under 14 years of age;
when changing housing after July 4, 1991, generating certificate No. 9 from each place of residence in 2 copies;
execution of a certificate containing information about participation in the previous privatization;
a written refusal certified by a notary from one of the relatives registered in the housing in question from the share due to him;
a copy of the power of attorney for a representative from a temporarily absent person, certified by a notary on his behalf;
a document indicating a change in passport data;
death certificate of a relative who died before 2000 and is registered in the residential area.

You also need to collect documents for privatized housing, which must be ready to submit them to government authorities in the proper form:

social tenancy agreement (if not, then copies of orders for residential premises);
extract from the Unified State Register for the apartment;
technical plan of the apartment with explication;
certificate in a specially established form No. 7 “Characteristics of residential premises”;
information from the personal account about the absence of arrears in payment to the management company for housing and communal services.

Rosreestr will require a receipt and a photocopy of it, indicating payment of the state fee for registering real estate of 2,000 rubles.

Below are examples of some of the required documents:

Sample of the main application for the privatization of a municipal apartment in 2023.
Sample certificate No. 7 “Characteristics of residential premises.”
Application for waiver of share in an apartment.

All documents have a common form. These may be subject to change depending on your region.

Deadlines

Privatization of housing, apartments under a social tenancy agreement - how to privatize housing, an apartment under a social tenancy agreement in 2023

Some documents have a validity period:

extracting information from the Unified State Register is valid for no more than 30 days;
extracting information from the house register is valid for 14 days;
Personal account information is updated every 30 days, so the certificate must be issued within this period.

Documents will need to be re-issued if the period in which they are considered valid exceeds the specified period.

The total waiting period for privatization of an apartment is 3 or 4 months and depends on:

time spent on preparing documents;
the period allotted to municipal authorities to review and verify the papers provided by the applicant;
waiting for the apartment to be registered in the state branch of the Real Estate Register.

The privatization of housing is completed with the issuance of a special extract from the Unified State Register of Real Estate no later than 14 days after the application.

Price

There is a free transfer of housing from municipal property to private property.

Important! Privatization is carried out free of charge by one person once.

However, issuing certificates will require material costs.

So, the average cost:

extracts from the Unified State Register of Real Estate (formerly the cadastral passport) will be within 1,000 rubles;
extracting information from the house register 100 rubles;
certificate indicating the right to privatization 100 rubles;
privatization agreement 1,500 rubles;
state fees for registering real estate in Rosreestr are 2,000 rubles.

The cost of additional papers from a notary will depend on his tariffs.

Thus, the final average cost of housing privatization will be about 4,000 rubles. (excluding the assistance of a notary) depending on the specific situation. All tariffs are regulated by the Tax Code of the Russian Federation.

Possible reasons for refusal to privatize and further actions

The privatization program works equally for all citizens and does not contain significant restrictions on its implementation. However, there are also exceptional cases in which privatization will be refused.

The likelihood of refusal to privatize increases under the following circumstances:

if a person has already privatized another or the same housing;
when the house is declared unsafe;
there is arrears in payment of utility bills for more than 6 months.
Denationalization of hostels and real estate in closed cities by the military is not allowed.

Privatization of a serviceman’s apartment under a social rental agreement is possible if the city has open status.

Privatization of an apartment without a social tenancy agreement

The main condition for transferring housing from municipal to private is the existence of a social tenancy agreement, and an additional condition is the desire of the citizen.
Privatization of an apartment in which a citizen lives without a social tenancy agreement is possible if he presents a warrant for it.
Privatization of an apartment without a social tenancy agreement is carried out in the same manner as any residential real estate.

Conclusion

The answer to the question of whether it is possible to privatize housing for social rent depends on the documents available and the opinion of those living in the apartment.

The privatization agreement and the final extract from the Unified State Register for the apartment are documents that give complete freedom to dispose of it at the legal level, and the privatization program itself is a way to accept an apartment from the state for personal use for free.

You will learn more about the possibility of privatizing an apartment with and for minor children below.

Our lawyer can provide all the necessary support with privatization. Sign up for a free consultation in a special form on the website.

We are waiting for your questions and will be grateful for your like and repost.

Privatization of housing for social rent

A social rental agreement for real estate is considered to be an agreement according to which citizens can use the premises entrusted to them (a residential building, an apartment), which is municipal or state property on an indefinite and free basis.

The peculiarities of social rental housing are that citizens who have entered into such an agreement and actually use the received property for its intended purpose can become its legal owners through the privatization procedure.

It is important to know that you can privatize an apartment or other premises for free only until March 1, 2016. At the end of this period, housing will have to be purchased from the state.

What powers does the owner of privatized social rental housing acquire?

Privatization is an instrument of social assistance to disadvantaged citizens who, on a voluntary basis, receive real estate from the housing stock of the Russian Federation. The owner of such housing receives the following powers:

can perform on his own behalf all legally significant actions related to the ownership and disposal of the apartment;
unlike a participant in a social rental agreement, the owner of privatized housing cannot be evicted for late or non-payment of utilities;
privatization of housing for social rent imposes an obligation on the state, in the event of repurchase of the given apartment, to reimburse the user for the cost of lost property, moving costs and other expenses;
The institution of inheritance applies to a privatized apartment.

In other words, if the owner of a social tenancy agreement plans to sell, bequeath, exchange or perform other transactions related to real estate (including obtaining a loan), then privatization cannot be avoided. Let's look at how to privatize housing in social rent.

The procedure for privatization of social real estate

The privatization procedure consists of five successive stages, which a citizen can complete either independently or through legal organizations that provide such services.

Submitting a specially prepared application to the local authority dealing with the privatization of housing stock.
Collection of documentation, the list of which is approved by law:

responses from government departments that gave consent to the privatization of the apartment transferred into ownership;
certificates confirming that the citizen does not have any other privatized property (the period from 1991 to the date of filing the application for privatization is checked);
data from the user’s personal account and house register;
information from the BTI, Unified State Register and technical passport;
copies of passports of all persons living in the apartment (a birth certificate is provided for each child);
social rent agreement, order or certificate replacing these documents;
if the person in whose name the property is registered does not plan (will not have the opportunity) to visit government agencies in the future to resolve issues related to the purchased housing, then it is necessary to issue a power of attorney to the authorized citizen;
receipts confirming payment of state duty and other obligatory payments;
other documentation, the need for which may be determined by the individual characteristics of the transferred real estate.

Pay the state fee and other expenses required by law (a detailed list must be clarified with the local authority that accepts applications).
Wait for a positive result.
Register ownership of privatized housing for social rent with the local branch of Rosreestr.

When all actions are completed, social housing will be considered privatized. Considering the fact that already in March 2016 the free privatization process will no longer operate, it is important to pay attention to the timing.

It should be noted that the privatization of a room in a hostel occurs in the same manner as the privatization of an entire apartment. The above-described documents are also submitted to the authorized bodies, their list is identical.

How long does the process of privatization of social real estate take?

On average, this procedure takes from two months to six months. The speed is affected by the sequence of actions of the owner of the social rental agreement and how correctly he organizes work with government agencies.

Is it possible to privatize social rented housing faster? Of course, for this it is enough to order urgent privatization. Unfortunately, due to the high cost, not everyone can afford such a service.

Privatization of social real estate is a lengthy and financially expensive undertaking. In addition, working with government agencies takes a lot of time and mental energy.

Therefore, if you entrust this process to professional organizations, then for a relatively moderate overpayment you can get the required result in a short time.

And with 2016 approaching, this will probably be the only real option to privatize housing on a free basis.

Property that was once state property can be transferred to private ownership through privatization. This process does not involve any payment for the operation, with the exception of... Every citizen can privatize an apartment since 1991, and carry out these activities free of charge. The privatization process involves the transfer of real estate into private ownership from the state. This m... Apartments are represented by housing and property objects that are the most common in large cities today. In connection with the need to obtain ownership rights to these territories, it is relevant... During the Soviet era, many people and families lived in rented housing, as well as in apartments that were exclusively municipal property. But since 1991, there has been a small reform involving n... The privatization procedure involves a process in which real estate is transferred through a change of owner. Before privatization, property usually belongs to the state and the municipality, after privatization...

08/15/2022 — Yuri Osmerkin

Hello. I have a question: can I privatize an apartment and later sell it, if after receiving it (and I lived in it for almost 4 years) I bought another property

Privatization of an apartment under a social tenancy agreement

How to privatize an apartment under a social tenancy agreement, who can claim ownership and where to apply? The issue of privatization of social housing has its own subtleties that you should be aware of before starting the real estate registration procedure. Answers on legal housing issues can be obtained from the lawyers of our company or by studying articles on relevant topics.

Each case is unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

Citizens whose living conditions require improvement can obtain housing under a social tenancy agreement. To do this, you need to contact the local social protection authorities, the housing department of the administration and the authorized persons regulating this issue.

Note! To get on the waiting list for social housing, you will have to go through several stages, prepare a package of documents and confirm that the applicant needs housing from the state. Legal support from lawyers will allow you to resolve the issue as quickly as possible.

List of persons rightfully applying for a social apartment in 2018:

low-income citizens (established by social protection and authorized bodies);
children without parental care, orphans;
living in an emergency building;
patients with severe chronic diseases living in the same territory with other persons.

The last 3 categories of citizens can apply for housing under a social tenancy agreement out of turn.

Who has the right to privatization under social rent in 2018-2019?

Persons registered on it, participating in the signing of a social tenancy agreement, who have received a warrant and are registered in the tenant’s living space, can privatize living space. This category of rights holders also includes children, spouses, relatives of the tenant and ex-husbands/wives registered in the apartment on a permanent basis.

Without registration, a person cannot participate in privatization. The exception applies to the following category of persons:

shift workers;
conscripts in the Republic of Armenia;
serving sentences.

Note! Having equal rights to living space, residents bear joint responsibility for paying for utilities and maintaining the building. If a citizen evades his duties, he may be deprived of the right to privatization by a court decision.

Who cannot apply for privatization of the area under a social lease agreement in 2018:

having temporary registration;
tenants who have entered into a sublease agreement;
registered at a different address.

If a citizen does not want to participate in the privatization process, he retains the right to refuse. The application must be made in writing and certified by a notary.

What cannot be privatized

Which real estate received under a social tenancy agreement is not subject to privatization:

service apartments;
dormitories;
real estate in closed military camps;
dilapidated or unsafe building.

You can live in such housing for years, but it is completely prohibited to dispose of it.

Note! Privatization of hostels is allowed if the property has been transferred to local governments. Such norms do not apply to premises owned by enterprises and organizations.

How to privatize real estate?

Having a social tenancy agreement for living space in hand, residents can initiate the privatization procedure within the framework of current legislation. You should know that privatization is free, but financial costs will affect the collection and preparation of all necessary documents.

Each certificate and extract has its own deadline, and a repeated request will require additional financial costs. To avoid unnecessary expenses, it is better to use the help of experienced housing lawyers who will advise on each stage and help you correctly formalize the deal with the state.

Stages of privatization

All residents, regardless of age, can participate in privatization. If one citizen refuses, then this should be formalized at a notary’s office, and the transaction will take place with the remaining co-owners.

In addition to the consent of all participants, a number of documents should be prepared:

original and copy of the social tenancy agreement;
order for an apartment/room;
identification of all applicants;
for spouses - a certificate from the registry office;
for minor children - consent of the guardianship authorities;
an extract from the passport office confirming the absence of debts for housing and communal services;
a copy of the house register or an extract about registered and discharged residents (issued by the BTI);
technical passport of the apartment - also issued by the BTI;
You should also make a request to Rosreestr for each applicant, receiving an extract of ownership of each;
the second extract from Rosreestr is taken for housing - you can request it from the MFC or the Unified State Register service;
a document confirming that privatization is being carried out for the first time (BTI).

In addition to the main package of papers, in some cases additional information may be required:

death certificate of one of the tenants;
power of attorney;
divorce certificate, etc.

Where to go regarding privatization is a matter for every citizen. In 2018, several organizations are authorized:

MFC;
Bureau of Technical Inventory;
other housing authorities;
notary;
private bureaus.

The privatization period depends on the region and priority.

Summary

There are several ways to privatize housing received under a social tenancy agreement - personally or by trusting an experienced specialist.

Our company offers detailed legal advice on any housing issue, which will help you avoid mistakes and go through all stages of real estate registration quickly and without unnecessary financial costs.

Consultation is available on the company’s website and by phone.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Ask a lawyer a question

How to privatize a municipal or state apartment

Privatization of residential property is a free transfer into the ownership of Russian citizens on a voluntary basis of the real estate they occupy, which belongs to the municipal and housing stock.

Acquiring rights to own an apartment allows you at your own discretion . Houses and their parts, apartments, certain shares, and rooms are subject to privatization. It is important that the property is classified as state or local government property.

This legal procedure is complex and requires compliance with a certain procedure and the collection of a large number of documents. The final stage of privatization is mandatory state registration of the transfer of ownership.

Why is apartment privatization necessary?

Privatization is the process of transferring housing from the ownership of state and municipal bodies to the ownership of citizens. This procedure is not mandatory , it is voluntary.

The goals of the privatization program are to create the necessary conditions for citizens to freely choose housing, as well as the proper use and preservation of Russia’s housing stock (Federal Law No. 1541-1 of 07/04/1991 “On the privatization of housing stock in the Russian Federation”).

We can highlight the main advantages of the privatization process :

The person receives the right to fully dispose of the property: renting, selling, exchanging.
It is almost impossible to evict from privatized housing for non-payment of utilities.
The owner has the right to bequeath a privatized apartment as an inheritance.
Privatized housing may be the subject of collateral for a loan obligation.
There is an opportunity to carry out legal redevelopment.

It is worth listing some of the disadvantages of privatization:

Payment of property taxes.
Increasing the amount of payment for utilities, in particular for the repair and maintenance of common residential premises, major repairs.
Complicated inheritance process. In the absence of a will, all heirs have the right to claim housing.

Housing in dormitories, emergency buildings, as well as office-type premises and houses in closed military camps is not subject to privatization.

Municipal residential property is real estate that is transferred to citizens under a social tenancy agreement. This transfer is free of charge, but residents undertake to fully reimburse utility costs.

Municipal residential premises include :

Apartment, part of an apartment.
Room.
Residential building or part thereof.

The types of residential premises for municipal purposes do not include :

Non-isolated property.
Common rooms.

After the death of the tenant of a municipal apartment, the property automatically passes back to the state or local authorities. In this case, a citizen has the opportunity to write a will with an order for subsequent privatization. Those persons who are registered in this residential premises can apply for such inheritance.

Example

Citizen C drew up a will with an order for the privatization of a municipal apartment after his death by his wife and two children. Relatives filed a lawsuit to re-register the housing by inheritance, with the further possibility of privatization.

The court determined that the apartment can only be transferred to the children of citizen C, since they are registered at the address where the property is located. The testator's wife is registered elsewhere, and therefore does not have legal rights to receive ownership of the property, despite the fact that she has lived in the apartment for more than 10 years.

Municipal housing is the property of the authorities; it cannot be sold, exchanged, rented out, and redevelopment is prohibited.

A social tenancy agreement is an agreement between government authorities and citizens of Russia, following the conclusion of which a person receives the opportunity to use a property.

On the basis of social rent, housing is provided to low-income citizens who are recognized as such by local authorities, taking into account the income for each family member and the value of the property that belongs to them and is taxed (Article 49 of the Housing Code of the Russian Federation).

You can determine the procedure for providing housing under a social tenancy agreement:

A citizen must obtain a certificate confirming his status as a person in need of property. This document is usually issued by the local government authority (municipal administration) within 30 days.
In the future, it is necessary to submit an application with a list of documents: a certificate of family composition, passport data, a birth certificate of a minor, extracts from the house register and the status of the personal account, a certificate of absence of own real estate.
The collected documentation is sent to the housing department of the local administration, and the person is given a receipt.
After checking the submitted information, a date for concluding the contract is set.

It is important that after receiving housing under a rental agreement, the user has the opportunity to privatize the property on a general legal basis.

The law contains no restrictions related to the period of privatization of municipal housing. An apartment of this type can be registered as a property immediately after concluding a social tenancy agreement and collecting the necessary documentation.

There is a specific procedure for the privatization process and a list of information required to provide:

Contacting the Bureau of Technical Inventory (BTI) to order a property survey for the presence of illegal redevelopment.
Request to a banking organization to issue a copy of a financial personal account.
An extract from the house register obtained from the housing and communal services authorities.
You will need a certificate confirming that you are not in arrears in paying utility bills.
If minors are registered in the apartment, permission from the guardianship and trusteeship authorities is required.
Additionally, you will need : a social tenancy agreement, passport details of residents, birth certificates of minor citizens.
After collecting all the information, the person contacts the housing department of the local administration to draw up a privatization agreement . An application is submitted and the attendance of all persons registered in the apartment is required.

The period for consideration of an application for privatization by the administration is about 60 days .

Upon receipt of approval and execution of an agreement on the transfer of ownership of the apartment, further registration of the transfer of ownership of the privatized property will be required.

Citizens who live in a municipal apartment have the right to purchase housing as the property of one person or in common ownership . to privatize a share in the total area of a municipal real estate property (part of an apartment) .

Privatization will require the mutual desire of all residents; it is important to consider that:

The decision on privatization is made unanimously.
One or more owners have the right to refuse to participate in the transaction, but in favor of the future owner.
Obtaining forced consent (through the court) is unacceptable.

When all persons living in an apartment agree to privatization, except for one person, then those wishing to obtain ownership of the property may demand, voluntarily or judicially, to exchange the housing occupied by such a citizen.

The exchange consists of the tenant changing one residential premises to another housing. At the same time, exchange is permitted between real estate objects that are located in different houses, apartments or in different localities of Russia (Article 72 of the Housing Code of the Russian Federation).

Those residents who refused to privatize the apartment in favor of another owner have the right to permanent residence in the residential premises.

A person has the right to privatize housing once . The exception is those citizens who became owners of real estate when they were minors; they retain this opportunity. You can register housing for one or several people.

When privatizing in shares, the positive aspects are:

The costs of paying for utilities are distributed among all persons.
The amount of property tax is divided in equal shares for each of the copyright holders.
Each owner has full rights to property: sale, lease, exchange, inheritance.

The disadvantages of privatization for several persons are that:

When selling his share, the owner is obliged to first offer the object of sale to the owners of the remaining parts of the apartment, and receive a written refusal from each, if they do not want to purchase. Failure to comply with the procedure for the pre-emptive right to purchase makes it possible for other participants in shared ownership to obtain the transfer of the buyer’s powers through the court (Article 250 of the Civil Code of the Russian Federation).
If one of the co-owners is a minor, then in order to sell their share, you will have to obtain consent from the guardianship and trusteeship authorities.

With sole ownership, the positive aspects are:

To sell a home, you will need to collect a smaller package of documents from one owner-seller.
There will be no need to follow the pre-emption procedure.
The owner will be able to dispose of the property at his own discretion.

One can highlight

If the sole owner was a minor, then future sale of the property is possible only after receiving permission from guardianship and trusteeship.
When selling an apartment, the right of permanent residence in it is retained by all persons registered in the premises. A situation is possible in which, even if the owner changes, the persons registered in this housing will not want to change their place of residence.
In the process of inheriting property, persons who are registered in the apartment do not lose their housing authority; they retain the right to reside in the inherited property.

Privatization for how many people will be better and most profitable, each of the owners can only decide individually, depending on personal desires and preferences.

To privatize a room in an apartment, it is necessary to determine which housing stock the property belongs to. The room is subject to transfer of ownership to citizens if the housing is of the communal type , and it must also be municipal.

To privatize a room in a municipal apartment you will need the following list of documents:

Passports, birth certificates of all persons registered in the residential premises.
Technical documentation for the room.
Information that the residents have not previously privatized the property.
Social tenancy agreement.
Certificate of absence of arrears in payment of utility services.
Extract from home book.
An application, the form of which is established by the local authority. All adult residents must sign the document.
If any of the residents do not want to participate in privatization, it is necessary to obtain a refusal certified by a notary, which can only be given by adults and capable persons. Parents are not allowed to formalize a waiver on behalf of their children.

The collected package of information is sent to the housing department of the municipal authorities, which, no later than 2 months, makes a decision on consent or refusal of privatization.

Is it possible to privatize a service apartment?

A service apartment does not belong to municipal housing , therefore the legal norms on privatization do not apply to service category real estate.

There are several ways to privatize official property :

Privatization can be carried out when this procedure has the consent of the organization that owns the residential premises.
If the service apartment previously belonged to a government agency, it was then voluntarily transferred to the housing stock of local authorities , and the residents received the right to exploit the property on the basis of a social tenancy agreement.
When an apartment is on the balance sheet of a former state organization that has been reorganized into a municipal or commercial enterprise, and the municipality does not accept such property into its housing stock, citizens have the opportunity to obtain ownership rights to such residential space.

Service apartments can be provided to citizens under a social rental agreement with subsequent privatization if the property is transferred to the ownership of the municipality.

The essential points of the privatization process are as follows:

Gratuitous nature.
Voluntariness of the privatization procedure.
Standard form of agreement for all regions of Russia.
Possibility of privatization of housing for one person or in shares for several persons.
Regardless of the number of privatization participants, the agreement on confirmation of ownership rights is issued in a single copy. Each owner can receive a copy of the document certified by a notary.
Property of public forms of ownership (state and municipal) is subject to privatization.

There are some features of the privatization of both state and municipal real estate:

Most often, municipal property is privatized, since the housing stock owned by state organizations is extremely small, and often these residential properties cannot be transferred into the ownership of citizens at all, for example, apartments in military camps.
State-level housing, instead of privatization, is usually sold at auction, since it is more expensive than municipal housing.
Privatization of agricultural lands belonging to the municipal land fund occurs on the basis of acts adopted by local authorities.

Throughout the Russian Federation there are uniform requirements and regulations in the field of privatization of real estate.

Housing privatization can be considered as a process of free transfer of property into the possession of citizens from municipal and state funds. Currently, this legal procedure is free for all citizens.

At the same time, not everyone has the right to receive a property at their own disposal; this opportunity is available to persons living in an apartment, house or room on the basis of a social tenancy agreement, and who have not previously taken part in privatization.

Our country has a unified legal framework that regulates the issue of providing public housing to citizens; some aspects can be changed by local authorities, but the general provisions and requirements are the same for everyone.

Repairs to housing provided under a social tenancy agreement

My husband and I live in an apartment that belongs to us under a social tenancy agreement. The building in which the residential premises are located requires renovation work. Tell me, should we pay for this work ourselves?

Answer

In cases where the property belongs to residents on the basis of a social tenancy agreement, state or municipal authorities are responsible for carrying out repairs. To repair the roof, replace communication networks, insulate the house, etc., it is necessary to submit an application to the management company; if no action is taken, then it is possible to go to court. When carrying out repairs themselves, residents have the right to demand reimbursement of financial costs.

Privatization of housing under a social tenancy agreement 2023 - is it possible, apartment, living space, procedure, conditions, who can privatize

Many citizens still do not know about the possibility of free privatization of real estate.

But it’s one thing when it concerns only state property, and another thing when it concerns real estate issued under a social tenancy agreement. The current legislation also cannot give an exact formulation.

What do you need to know?

The law also restricts citizens from privatizing real estate under a social tenancy agreement.
A person can only privatize real estate that was transferred for use before March 1, 2005.
But imperfect legislation made it possible to find a loophole in legal acts.

That is, this resolution does not comply with the Constitution of the Russian Federation.

Accordingly, it is possible to privatize real estate under a social tenancy agreement even after the specified period of time.

In accordance with current legislation, it is impossible to privatize a building in disrepair, as well as dormitories and houses in a closed town.

Additionally, it is now no longer possible to privatize service housing located in rural areas.

Who can apply?

Individuals, legal entities and even organizations have the right to free privatization of housing. But there are still non-privatized apartments in the fund, which suggests that not all people can take advantage of this right.

People live in municipal apartments on the basis of a rental agreement. Accordingly, the property is not commercial.

And all residents registered there have the right to undergo the privatization procedure. If a citizen cannot be present at this procedure due to illness, then he has the right to send his representative and act through him.

If he agrees to all the conditions, then he can give written consent to carry out free privatization. If this is a person of minor age, then he is given a mandatory share.

Deprivation of a share is also possible if a person signs a written agreement to renounce.