The need to privatize a room in a municipal apartment arises if someone registered in the living space refuses to participate in the procedure and does not write a waiver of the share.
It is possible to privatize a room or share in these cases, but subject to certain mandatory conditions.
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You can find out how to privatize a room in a communal apartment or dormitory on our website.
Features of the law
Is it possible to privatize a room in a municipal apartment? The regulations for the privatization of housing in the Russian Federation are contained in the Federal Law “On Privatization...” dated July 4, 1991.
According to it, the apartment is privatized exclusively as a whole into shared ownership or into the ownership of one of the registered ones, subject to the refusal of the remaining persons.
Registration of ownership of part of the housing is not provided . But at the same time, a similar action can be carried out if part of the apartment or room is allocated in kind. In this case, the apartment becomes essentially communal.
Article 72 of the Housing Code of the Russian Federation provides for the possibility of exchanging such an apartment for another residential premises provided under a social contract. hiring
Every citizen of the Russian Federation who is permanently registered in municipal housing has the right to one-time participation
If an obstacle to the exercise of this right is the disagreement of someone registered in the apartment, you can try to implement it by registering ownership rights only to your part of the housing .
Allocating a room and then privatizing it allows you to become the rightful owner of the living space . From the moment of receiving the Certificate of Ownership of the room, the owner can take the following actions:
- Conclude transactions for the alienation of a room (share).
- Register any tenants in your living space without the consent of your neighbors.
- Rent out a room.
- Bequeath this living space.
The disadvantage of privatizing a separate room is the lack of rights to common areas.
From the moment of privatization of part of a municipal apartment, the owner becomes the owner of only a certain number of square meters .
He can only use the rest of the area (bathroom, toilet and utility rooms) together with other residents. He will not have property rights to this area.
How to allocate a share?
- To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.
- Since the law prohibits the privatization of a part of a common object , therefore, the possibility of acquiring ownership rights to a share will become possible if it becomes a separate object.
- For this opportunity to arise, part of the apartment must meet the following requirements :
- Represent a separate room or several rooms.
- Have a separate entrance.
- Be a completely isolated room from other rooms.
If it is possible to separate part of the premises, you need to start by contacting the owner of the property - local authorities. Since the division requires redevelopment of the apartment , the application must ask for permission for such actions.
- If the answer is positive, you must contact the appropriate organization to draw up a redevelopment project.
Having received all the necessary permits and documents, the residents divide the premises .- Then a new social tenancy agreement .
- The allocated parts of the apartment become separate objects and are privatized in the usual manner.
By agreement of the parties
How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with part of the bathroom and kitchen, the division can be carried out by agreement of the parties .
In this case, those registered in the apartment draw up an agreement on the right to use the residential premises, which determines which specific room belongs to each resident.
The agreement specifies the following information:
- Parties to the contract. Personal and passport data, information about the date of registration in the apartment.
- Address and characteristics of the premises.
- Distribution of rooms between residents, indicating their area.
- The document is signed by the parties and certified by a notary.
- is given a specific room for use , the rest of the apartment remains for joint use.
- Thus, the apartment becomes communal with isolated living spaces and common areas.
- How is part of a municipal apartment privatized without the consent of the residents?
Drawing up a separate rental agreement
Is it possible to privatize a share in a municipal apartment without the consent of the other residents? If it is not possible to reach an agreement with the residents of the apartment peacefully, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate lease agreement .
- In this case, the last word remains with the owner of the premises, that is, local authorities.
A citizen needs to contact the settlement administration with a request to conclude new social tenancy agreements for the occupied living space.- It is quite difficult to achieve a positive decision from the authorities in this case, since turning the apartment into a communal apartment is not profitable for the authorities.
- But if there are compelling arguments and a loyal attitude from local governments, this option is still possible .
- If the authorities meet citizens halfway and conclude several rental agreements with residents of a municipal apartment, each of them will become the owner of a room and will be able to acquire ownership rights to it.
If the authorities refuse to carry out the procedure, you can try to resolve the issue through the court . A citizen files a claim for the renegotiation of social tenancy agreements.
Residents must prove that there is no family relationship and they run their household separately. When filing such a claim in court, it is advisable to seek the help of an experienced lawyer.
How to divide the personal account of a municipal apartment? An important step in allocating a share of an apartment is the division of personal accounts . Because the room becomes a separate object, such action becomes possible.
A registered citizen needs to submit an application to the Criminal Code or another organization that calculates payments. The application must be accompanied by a passport and a rental agreement. A separate account is opened for a specific room with a width of at least two square meters.
In Moscow, the minimum size of such a room should be 9 square meters . The size is not defined in the Housing Code of the Russian Federation, so other regions set their own standards.
If there is no agreement between residents or a separate social tenancy agreement, division of personal accounts is possible only through the court .
You can learn how to divide a personal account in a privatized apartment from our article.
Stages of room privatization
After receiving permission from the authorities to allocate a share, it is necessary to draw up a floor plan and obtain a technical passport for the allocated part.
To do this, you need to contact the BTI. Based on these documents, a separate cadastral passport .
From the moment these documents are received, the room becomes a separate piece of real estate, and it can be registered as a property under general conditions.
An application for privatization with a package of documents is submitted to local governments:
- applicant's passport;
- documents for the apartment;
- rental agreement;
- copy of personal account;
- certificate of registration;
- certificate of non-participation in privatization;
- receipt of payment of state duty.
You can find out where to start the privatization process and in what cases a refusal may be received on our website.
Duration and cost of the procedure
The authorities review the application for privatization within 60 days . By this time you need to add the time required for preliminary preparation.
It is not possible to name specific deadlines in this case, since in each specific situation everything depends on the necessary actions and efficiency of the authorities . Therefore, the process may drag on indefinitely.
Contacting an experienced lawyer can reduce the preparation time
When preparing documents you will need to pay approximately the following amounts:
- technical passport and floor plan of the premises - from 1,500 rubles;
- cadastral passport – from 200 rubles;
- state duty for privatization – 1000 rubles per person;
- certificate of non-participation in privatization - from 500 rubles.
If redevelopment , the cost of the project and its approval must be added to these amounts.
Privatization of a room or part of a municipal apartment is a complex process and requires taking into account many nuances . It is quite difficult to achieve a positive response from the authorities, but it is still possible.
- Therefore, if you have decided to become the owner of a room, start acting before the law on free privatization of housing in the Russian Federation ends (read about the concept of paid privatization).
- You can find out whether it is possible to privatize a share in an apartment from the video:
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Is it possible to privatize part of a municipal apartment - who can do this, the transfer process, procedure and documents
Housing law > Privatization > Is it possible to privatize part of a municipal apartment and how to do it?
Whether it is possible to privatize part of a municipal apartment is a question that often worries people living there. For many citizens, to this day, privatization is the only opportunity to become owners of their own home.
In its process, municipal (state) property is transformed into private property. Usually entire objects are involved in privatization. However, in some situations it becomes necessary to privatize part of the apartment.
Free transfer by the state of municipal housing to its owners
Since the beginning of the nineties, citizens of the country have been given the opportunity to obtain municipal residential premises into their own property through their privatization.
The basis for its implementation was the Law on the privatization of housing stock in the Russian Federation No. 1541-1 of July 4, 1991.
Its provisions state that the transfer of municipal (state) housing to citizens into ownership is free of charge. This allows many of them to meet their housing needs without investing in expensive real estate.
The advantages of private property are obvious, because it is the owner of the property who has the indisputable right to dispose of it at his own discretion.
This opportunity is provided, as a general rule, only once in a lifetime to persons living in municipal (state) housing. At the same time, not only tenants of premises, but also members of his family living with him can privatize.
Since participation in this procedure is the right of every person, it is possible to refuse it. Through privatization, housing can be transferred both to the personal and joint ownership of several persons. When implementing it, you should also be guided by the norms of housing legislation.
It is important to understand that the free transfer of housing to citizens is not indefinite. According to the law on the implementation of the new Housing Code of the Russian Federation from 2004, its validity has been extended until March 2017.
Therefore, after this date, in the absence of another extension, you should not count on receiving housing free of charge from the state.
Who can become a participant in privatization?
- According to the law, persons entitled to become participants in the privatization of an apartment include all citizens legally and permanently residing in municipal housing.
- The municipal housing stock is provided on the basis of social rental agreements concluded between municipal institutions (bodies) and the citizen tenant.
- In addition to the tenants themselves, the persons living with them (family members) have the right to receive free private housing.
Their circle is determined by the provisions of housing legislation (Article 69 of the Housing Code of the Russian Federation). Temporary residents or subtenants do not fall into this category.
At the same time, temporarily absent residents do not lose their right to participate in privatization. All residents, including those who have not yet reached the age of majority, can privatize.
They exercise this right together with their parents. However, for them the legislator has made exceptions to the rule of one-time participation in receiving free housing. After reaching the age of eighteen, they can independently make decisions about privatization and participate in it.
If only children are registered as residents in the apartment, the guardianship authorities take part in deciding whether to transfer the premises to them.
Thus, all persons officially residing in it who have not previously used this right can privatize housing.
Transfer of part of a municipal apartment
The procedure for privatizing part of a municipal apartment
According to the law, municipal residential premises occupied by them are transferred to citizens.
By premises, of course, we mean individual integral objects, primarily apartments.
It will not be possible to simply declare the partial privatization of an apartment. The object of privatization can only be a separate premises.
However, if part of the apartment is separate, has its own personal account, rental agreement and is actually independent housing, this is possible.
How is the privatization of rooms in communal apartments carried out?
As a rule, rooms have this status only in communal apartments. At one time there were discussions about the possibility of transferring the rooms into private ownership.
This issue was even the subject of consideration in the Constitutional Court of the Russian Federation, which determined the ban on the privatization of rooms in communal apartments to be unlawful. In fact, when transferring them to citizens, the same procedure is applied as for apartments. Although, of course, there are some peculiarities.
If you are already a tenant of a room in a communal apartment, then this process will be much simpler. You just need to collect the necessary documents and submit an application to the relevant authority. You do not need to ask the consent of your neighbors for this.
Things are more complicated if the apartment does not have this status. Then, to begin with, it is necessary, with the consent of all residents or through the court, in its absence, to determine the procedure for using the apartment and to seek the conclusion of separate rental agreements.
Procedure and documents for privatization of a room
What documents need to be collected to privatize a room in a municipal apartment?
So, if there is a separate separate part of the apartment, then you can start privatizing it.
As noted above, this process for apartments in general and rooms is similar. First of all, you should collect all the necessary documents. These include:
- passports, birth certificates for children;
- information about all registered residents;
- information about the absence of debt on utility bills;
- data on the non-participation of residents in privatization;
- rental agreement (warrant) for a room;
- technical documentation;
- notarized refusal of participation of any of the residents (if any).
In some cases, additional documents may be required. However, this issue should be clarified directly with the body that accepts applications for privatization.
When all the documents have been collected, you can submit an application to the appropriate department of the local administration or multifunctional center.
Privatization of residential premises: is it difficult or not?
Typically, the review procedure takes no more than two months. When a positive decision is made, an agreement is signed, on the basis of which the property is transferred and ownership rights to it are registered.
Only after completing all of the above actions can you be considered the full owner of your own living space (room). Along with the right of ownership of the room, citizens also receive a share in the possibility of using the common property.
Features and nuances of privatization
- In some situations, the privatization process may be complicated for various reasons.
- Based on the provisions of the law, it follows that it can only be carried out with the consent of all persons officially residing in the living space.
- At the same time, refusal to participate in privatization should not be confused with objections to its implementation.
Participation in this procedure is voluntary. If someone has already used their right, or does not want to use it in this case, then a written refusal certified by a notary is drawn up.
If someone is against privatization itself or cannot express their opinion due to absence, then it is very difficult to solve this problem.
In some cases, this can be done through the court, for example, by discharging a person from housing if he is absent for a long time, disappears, or does not pay utility bills. In this case, the consent of the neighbors of the remaining rooms in the communal apartment is not required.
However, the consent of all residents of a given room is necessary. A minor living in a room cannot be excluded from participating in privatization.
He can participate in it independently or through his parents. The latter cannot refuse to participate in privatization for him. Monitoring compliance with this rule and the interests of children is carried out by guardianship authorities.
Thus, the opportunity to privatize part of the municipal (state) apartment exists. However, the exercise of this right will depend on many factors indicated above.
You can also find out whether it is possible to privatize part of the apartment by watching the video:
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17 Jan 2017 kasjanenko 162
Is it possible to privatize part of the apartment?
Many Russian citizens are interested in whether a separate share in a municipal apartment can be privatized. Re-registration of real estate documents involves complex measures, especially the privatization of a share of property.
The laws of the Russian Federation contain rules for limiting transactions for the privatization of parts. Resolution of the issue often ends with an appeal to the judicial authorities.
Let us consider in detail how to privatize a separate room in a municipal apartment.
Is it possible to privatize part of a municipal apartment?
The Federal Law of July 4, 1991 “On Privatization...” provides for the procedure for the privatization of real estate. Based on this legal document, an apartment can be transferred into ownership as shared ownership or the property of one citizen.
Obtaining legal documents for a separate share of an apartment is impossible at the legislative level. But from a practical point of view, this happens if part of the apartment or room is a separate area. Then the living space becomes communal.
Such real estate can be exchanged for another premises, registered under a social tenancy agreement, on the basis of Article 72 of the Housing Code of the Russian Federation. Any resident of the Russian Federation who has long been registered in a municipal apartment can privatize their property free of charge one time.
If one of those registered in a residential area refuses, you can try to register only your part.
What does partial privatization mean?
Any state owns municipal housing, which is provided for people in difficult life situations.
A share is a part of real estate that is clearly allocated and discussed with all involved persons. For example, a room, several rooms or a separate area in square meters.
Partial privatization is the allocation of part of an apartment into separate housing.
Shared territories exist in both public and private apartments. They are formed based on the wishes of citizens. The maximum and minimum size is not specified in the laws of Russia.
How to privatize a share in a municipal apartment
State property is a field for free privatization. Residents of the Russian Federation who own social rented housing can submit an application to the local administration to transfer the property into personal ownership.
After submitting the application, two months are given to consider the application and make a decision.
Carrying out such events is possible in the presence of potential owners. To acquire municipal housing as personal property, consent must be provided from all persons.
Forcing consent through legal proceedings or pressure on other citizens is prohibited.
Room privatization
Let's look at how the privatization of a room in a state apartment occurs.
Start of the procedure
Before considering the procedure for privatizing a room, it is necessary to discuss the terms of privatization with all residents who live on the territory and make sure everyone agrees.
To be completely sure, you can ask for consent and guarantees that they will not interfere with any actions in writing.
Then you need to get a warrant. It is issued by the local government authorities where the social tenancy agreement was signed. To successfully conclude a transaction to obtain rights to part of the property, it is recommended to have a warrant.
Then you need to prepare a plan of the property, documents containing technical information. A certificate is required indicating the number of registered citizens on the premises. All these documents can be obtained from the local administration.
Where to go
After preparing for the procedure, you should know which organization to contact to carry out the privatization of a separate part of a municipal apartment.
You need to contact the local branch of the Housing Policy Department by visiting it in person to conclude an agreement to privatize a room in a state apartment.
This organization can be replaced by a multifunctional center located in the nearest city or region.
Required documents
For the privatization procedure to be successful, you need to collect the necessary documents. The set of documentation may vary in specific situations. However, there is a minimum amount of required paperwork:
- Order. Provides the right to receive a share in a state apartment.
- Passport or other documents identifying the applicant and other residents.
- Certificate confirming registration in the territory of the place of residence.
- Technical passport of real estate, room plan.
- A certificate confirming the absence of debt on housing and communal services payments.
- A certificate stating that the living space has not previously been privatized.
- Other documents necessary in a certain situation and secured by Russian legal acts.
Where is the documentation submitted?
Submitting an application and related documents, as well as concluding a privatization agreement, can be done at the Housing Policy Department or at a multifunctional center.
Registration deadlines
Registration of ownership documents for a room when contacting the MFC takes longer than in the department. This takes from 8 to 12 weeks. If you provide compelling arguments and point out the importance of the circumstances, then you can privatize housing in 14-21 days.
Cost and state duty
It is difficult to say how much money will be needed to privatize a room in a municipal apartment. Such information is provided by the technical inventory bureau to each owner personally.
The amount of expenses is influenced by tariff coefficients established by the state in a particular region. Prices vary in different cities. In federal territories it is more expensive, in provincial cities, on the contrary, the cost is lower.
Is it possible to privatize an apartment without the consent of one registered
According to the laws of the Russian Federation, in order to privatize a part of an apartment, it is necessary to collect consent from all real estate shareholders to carry out this procedure, and the decision must be unanimous. Difficulties may arise in situations with guardians of incapacitated people, minors, etc. To resolve conflicts, it is recommended to contact legal specialists.
Consent from minors must be provided by the guardianship and trusteeship authorities.
If a refusenik does not fulfill a number of conditions for a long time, you can go to court with a claim for eviction:
- does not live on the premises of the apartment;
- does not pay utility bills;
- does not provide consent to the privatization of the share.
In the future, it is possible to privatize part of the apartment without consent.
In court, it is necessary to present documents confirming the fact that the person has not paid for utilities, as well as that there is another permanent place of residence.
Through the court
When a citizen meets all the requirements for free privatization of real estate, the local administration and municipal authorities are prohibited from interfering with the privatization process.
Offenses that are subject to liquidation during the trial process:
- receipt of a refusal to accept a claim for privatization and its consideration;
- making a decision within more than two months from the date of acceptance of the application;
- receiving a refusal to enter into an agreement to obtain your own housing.
If you need to privatize a share in an apartment, you should not delay this procedure. Timely collect the necessary documentation and submit it to the authorized authorities at your place of residence.
In practice, it is possible to privatize part of a state apartment. However, the state strives for the safety of citizens, for a clear legal position in the field of real estate, and to eliminate the possibility of fraudulent transactions. Therefore, privatization of a municipal apartment is a complex procedure, although it is possible even without the consent of other residents in the apartment.
Privatization of municipal housing 2023: rules and procedure
A municipal apartment is owned by the state government. Living in it is possible upon concluding a social tenancy agreement.
Many people sooner or later think about transferring public housing to themselves in order to become its full owners. After all, this gives you the opportunity to dispose of it as you wish.
You will learn further in this post how the privatization of municipal housing is carried out.
Is it possible to privatize a municipal apartment?
Privatization is the process of transferring rights to housing from the state to a specific citizen. No one is obligated to carry it out; this is the right of every person living on state property. Its task is to create optimal conditions so that people can have their own living space.
Municipal housing is housing that is owned by the state and transferred to people for use on the basis of a social tenancy agreement. Property is transferred free of charge, with the exception of payment for utility services.
If the tenant dies, the property reverts to the local authority. But citizens are given the right to draw up a will indicating further privatization. In this situation, only those people who have a residence permit will be able to apply for housing.
You can privatize any municipal-type residential premises, be it an apartment, a house or parts thereof. These objects can be converted into private property. But there is property that cannot be privatized.
This includes the following:
- Property located on the territory of a military camp.
- House museums.
- Premises owned by commercial companies.
- Buildings located in parks, squares, historical and architectural complexes.
- Housing declared unfit for habitation due to its unsafe condition.
- Premises located in the zone of man-made accidents.
You can register residential property at any time; the law does not set any deadlines. After all, this procedure is voluntary. If desired, the employer can begin privatizing a share in a municipal apartment or the entire premises immediately after signing the social rental agreement.
Is it worth privatizing a municipal apartment: pros and cons
The following table will help you figure out which is better: a privatized apartment or a municipal one.
| Differences | Municipal apartment | Privatized apartment |
| Owner | State | A specific citizen or several persons |
| Possibility of making transactions | No, only the local self-government body has the right to make decisions | Yes, since a person is the rightful owner, he has the right to sell the home, exchange it, donate it, and so on. |
| Possibility of redevelopment | No | Eat |
| Risk of eviction | High probability of eviction at any time when the state deems it necessary | Impossible to evict |
| Living expenses | Low, since residents only pay for utilities | High, since owners will have to pay not only utility services, but also fees for major repairs and other services |
| Tax obligations | No | There is a need to pay real estate taxes |
Who has the right to privatization
- In accordance with the social tenancy agreement, there is a specific tenant of the apartment who is responsible for making payments for utilities, maintaining the proper condition of the premises, etc.
- It is he who has the right to engage in privatization, as well as his family members who are registered in the housing.
- The law classifies the following categories of persons as family members:
- Relatives.
- Dependents who are recognized as incompetent and are fully supported by the employer.
- Other citizens by decision of a judicial authority.
IMPORTANT! All persons who have a residence permit in the apartment must give their consent to the transfer of the residential premises to private ownership.
The opinion of not only adult citizens, but also children aged 14 years and older is taken into account. All of them need to draw up a statement indicating that they are not against privatization.
Rules for the procedure
The rules of privatization are quite simple; the procedure must comply with the following principles:
- Re-registration of real estate is carried out free of charge. Only government fees are payable.
- Privatization is carried out entirely voluntarily.
- The privatization agreement has a standard form throughout the Russian territory.
- The opportunity to privatize a share in a municipal apartment, and not just the entire premises at once.
- The agreement on the transfer of rights to property is drawn up in one copy, regardless of how many people took part in the procedure. If necessary, all participants have the opportunity to make a copy and have it notarized.
There are two options for re-registration:
- In shared ownership. In this case, each family member will own a certain part of the property.
- In joint ownership. With this method of registration, the home will belong to all participants in the procedure.
It is recommended to privatize in shares, so that in case of divorce there is no need to divide the home.
If the tenant lived in a municipal apartment that was recognized as dilapidated or in disrepair, there is no need to rush into privatization. It is better to wait until the house is resettled, new housing is provided, and then re-registered in your name.
Apartments issued on the basis of service in law enforcement agencies or the armed forces are not allowed to be privatized. However, it is possible to obtain consent from the department to transfer real estate into the ownership of local authorities. Only then can we begin the privatization of municipal housing in the standard manner.
How to privatize a municipal apartment
Privatization is carried out in several stages. First, you need to obtain consent for registration, then register your ownership of the living space.
Where to contact
First of all, you need to visit the administration, namely the department dealing with housing issues. You must come there with an application. The organization will review the application and draw up a privatization agreement.
After the agreement with the municipality is concluded, you will need to contact the Rosreestr body to register ownership. You can visit the institution in person or send documentation through the State Services portal.
You can also use the services of the Multifunctional Center. Recently, the MFC has been accepting documents for registration, which it then transfers to Rosreestr.
What documents are needed to privatize a municipal apartment?
When contacting a local self-government body, you need to prepare a certain package of papers. You must carefully check that all documents are in place. The absence of even one certificate will result in refusal to accept the application.
The following is required:
- Application from the tenant with a request to re-register the residential premises.
- Passport.
- Certificate confirming the birth of the child.
- Agreement with the administration on rental housing.
- Technical plan of the home.
- Bank account information.
- A certificate indicating the repayment of all payments for utility services.
- A document confirming that the citizen refused to participate in the re-registration, if any. A certificate is issued by the BTI authority. It must contain information about the period during which the citizen who refused privatization lived in the apartment.
You can download a blank form and a sample of filling out an application for privatization of an apartment directly on our website. Sample statement of claim for privatization of an apartment through the court.
To carry out registration actions, the Rosreestr authority will need the following documents:
- Application with a request to record the transfer of ownership of the home.
- Applicant's passport.
- Agreement on the implementation of privatization.
- Technical plan of the home.
- A receipt certifying payment of the state fee.
Having accepted the package of papers, employees of the registration institution or the Multifunctional Center issue a receipt. It indicates the date when the citizen can pick up his certificate of ownership. From the moment the information is entered into the real estate register, the tenant becomes the full owner of the property.
Deadlines
The standard period for registration of privatization takes 2 months. Entering data into the real estate register takes place within a week if you submit documents directly to the Rosreestr office. If you register through the Multifunctional Center, the registration period will increase by about 2 days, since the employees themselves do not deal with the procedure, but transfer the papers to Rosreestr.
Price
During privatization, there is no need to buy out a municipal apartment. But this does not mean that no expenses will be required. The procedure is accompanied by the use of various services for which you must pay.
The maximum amount is 2000 rubles , which is paid for registering ownership of an apartment or private house. This is a state fee, so payment is required.
If you need to draw up a refusal to participate in privatization at a notary’s office, you will need to pay approximately 500 rubles for notary services. , a state duty of 1000 rubles is also .
If illegal redevelopment was carried out in the premises, then during re-registration this fact will be revealed. This will entail the imposition of an administrative fine of 2,000 rubles.
Thus, privatization will cost approximately 3.5-5 thousand.
Is it possible to privatize a room in a municipal apartment?
A person renting housing from the state has the opportunity to transfer only a room to himself. But there is one caveat. It is impossible to separate a share from an ordinary home; local authorities will not agree to this. It is allowed to register a separate part for yourself only after the entire apartment has been transferred to private ownership.
Municipal authorities allow only those rooms that are located in communal apartments to be re-registered. In this case, the citizen must live in the premises on the basis of an agreement with the administration. In this case, the consent of the neighbors in the communal apartment is not even required. The decision to carry out the privatization procedure is made individually.
Previously, legislation required first obtaining the approval of other residents of a communal apartment, so that all real estate could be transferred to private ownership at once. But over time, this order was canceled and the state allowed the procedure to be carried out at its own discretion.
IMPORTANT! The consent of other residents is required only if they live directly with the tenant in the same room. They will need to write a statement indicating that they are not against re-registration. Their presence is also necessary during the procedure.
The procedure for privatizing a room in a municipal apartment is almost no different from re-registration of the entire property. The employer also needs to collect papers, the list of which includes a passport, papers from the BTI, a certificate of no debt, etc.
Communal apartments have an important difference from other residential premises. It consists of the presence of places intended for general use. These include the kitchen, bathroom, corridor, storage room, hallway. All residents have the right to use these parts of the property equally. The procedure for use is determined by them in agreement.
The employer will need to allocate a share of these places. It is calculated as follows: all the areas of living rooms are added up, the amount is divided by the area of the room transferred to private ownership. The result will be a value that will be considered the share of the new owner in all public places.
After determining the share, it must be documented. All residents of the communal apartment must sign a paper, thereby confirming that they are not against the size of the share. If one of the residents does not want to sign, you can go to court.
The allocation of shares does not mean that each tenant will use only a part of the room, for example, half a bath. This is physically impossible. Allocation is necessary in order to simply consolidate your right to public places.
After receiving ownership rights, a citizen has the opportunity to sell his room, rent it out to other people and make other transactions available to every property owner.
How to sell a municipal apartment without privatization
Only its owners are allowed to carry out civil transactions with real estate. If the housing is not privatized, the tenant is not its owner, and therefore does not have the right to sell, donate, change, or bequeath the premises.
In this case, the owner is the state. It can fully dispose of its property, including selling and exchanging.
What to do if someone is against registration
Registration of ownership requires the approval of all participants in the procedure. If at least one person is against it, it is impossible to re-register. Therefore, it is necessary to try to come to an agreement and offer profitable options.
If a citizen is not against privatization, but simply does not want to take part in it, he needs to write a refusal and have it notarized. In this case, registration of ownership occurs without hindrance, and the person who renounces his share will have the right to live in the privatized apartment for as long as he wishes.
You can download the application for refusal of privatization using this link.
Thus, privatization gives citizens more options regarding the disposal of their apartments. This is a big advantage over using municipal housing.
A professional lawyer can provide assistance with the privatization of municipal housing and its subsequent sale. You can sign up for a free consultation directly on our website. Leave your contacts in a special form and we will call you back.
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Privatization of a share, part in a municipal apartment
Every person dreams of their own home, but not everyone has the opportunity to get it. This is especially true for large families. Today this problem can be solved: for example, you can privatize municipal housing, sell it, divide the money between the owners and buy what everyone needs. But what to do if none of the relatives registered in the same living space agrees to this option?
The legislation of the Russian Federation does not allow the privatization of all living space, but only part of it. What's the best way to do this? A specialist from the Pravosfera company will be able to answer this question; he will also help you solve the problem in the most beneficial way for you.
The procedure for privatizing a share in a municipal apartment
As a rule, the concept of “share” refers to a separate room in an apartment, but there are also options when part of the living space is expressed in square meters. Let's consider the procedure for privatizing a room in a municipal apartment.
First, you should prepare, namely: interview all the other residents of the apartment and find out their attitude to this issue. If no one objects, then you must immediately ask your neighbors (relatives) to give written permission to the actions you are taking. The next step is to obtain a warrant. It is taken from the municipal authority where you entered into a social rental agreement.
Important! You can do without a warrant, but if in your area this stage does not take much time, then it is better to have this document in hand. In this case, privatization will be faster and easier.
After this, you should visit the BTI, where you will be given an apartment plan with the allocation of your share and a technical passport of the housing. It is also necessary to obtain a certificate with a list of persons registered in the apartment.
Having collected all the papers, go to the housing policy department of your region and write an application for privatization.
This is done personally by the citizen in whose name the title document will be issued.
Documents for privatization of a part in a municipal apartment
For privatization to be successful, you must carefully collect documents. Keep in mind that some papers have a expiration date after which they become invalid and will have to be renewed. Below is the main list of documents required for privatization of a share in a municipal apartment, however, depending on the situation, it may change.
- Personal document.
- A warrant for your share in the apartment or a social tenancy agreement.
- Certificate of registration.
- Technical passport and apartment plan, which shows your room.
- A certificate stating that you have not yet exercised the right to privatize living space.
Nuances of privatization of a share in a municipal apartment
The question immediately arises: “How long will it take to privatize a room?” It is impossible to determine the exact timing, since it depends, among other things, on the time you spend collecting all the documents.
If we talk about when you will be issued a title document after submitting an application, then the period will be approximately 2-3 months.
However, when contacting a multifunctional center, the matter may take a little longer.
As for the cost, privatization itself is free of charge, but you will have to pay various fees and charges established by the state. It depends on what documents will be needed in your specific situation.
It is also worth knowing in what cases you may be denied privatization:
- if the share does not mean a specific room or several, but a part expressed in square meters;
- if the package of necessary papers was formed incorrectly;
- if other residents of the apartment have not given their consent to the privatization of your share. In this case, the issue can be resolved in court.
Difficulties with privatization of a share in a municipal apartment? A lawyer will help!
We have introduced you to the standard situation of privatizing part of a municipal apartment. However, it should be borne in mind that each case is unique and requires an individual approach.
To do this, you need to not only know the laws, you need to be able to use them. In order not to delay the privatization process and get everything done the first time, consult with a practicing lawyer at Pravosfera.
He will thoroughly study your situation and draw up an action plan.
The agency’s specialists always act in accordance with the legislation of the Russian Federation, so no one can challenge the document obtained with their help. You can consult with a lawyer at any time convenient for you, and in a manner that suits you. Call the hotline, write to online chat or come in person - we are always happy to help you!
Privatization of an apartment through the court
The process of privatization of real estate has been going on for quite a long time, about 20 years. During this entire period, many problems arose that were overcome.
But people still continue to face obstacles to registering property. In this case, you cannot do without the help of lawyers.
In more complex situations - going to court, writing a statement of claim for the privatization of an apartment and trial of the case.
One of the problems that can slow down the entire privatization process is illegal housing redevelopment. If the resident provides an apartment plan that does not coincide with the actual appearance of the living space, then privatization will be impossible. The redevelopment will need to be agreed upon, legalized, and only after that the process of registering property will continue.
Situations arise of unlawful refusal of privatization by the very organizations that control the housing stock. According to Art.
4 of the Law of the Russian Federation No. 1541-1 “On the privatization of housing stock in the Russian Federation” certain objects of the housing stock are not subject to privatization: premises in disrepair, office premises, premises in dormitories, etc. In this case, it is also possible to go to court to resolve the situation.
One of the most common problems is the refusal of one family member registered in the apartment to participate in the privatization of housing. In this case, the privatization of housing will be cancelled. One of the options for solving this situation is to privatize a share in the apartment by this person. As a last resort - judicial review of the case.
It happens that a person who has submitted documents for privatization dies before receiving all the necessary documents confirming his right to be an owner. In such situations, it can be difficult to prove to the heirs this right of ownership of housing and it is impossible to do without qualified assistance and going to court.
Quite often, people who decide to register their property report the disappearance of the person registered in the apartment. How to privatize an apartment without the consent of this person, the court gives an answer to this question - without obtaining consent, you cannot privatize the housing. After 5 years, the court recognizes him as dead.
And only then is it possible to begin the process of registering property.
Consider the situation:
“...the apartment was privatized during marriage. The couple divorced. Who will get a privatized apartment during a divorce?..."
Both spouses have equal rights to the apartment, as to jointly acquired property. If the former spouses want to have separate living space, then this apartment can be sold and separate housing can be purchased.
The court often receives applications from citizens regarding the illegal privatization of housing. For example, registration of property occurred without the consent and participation of one of those registered. The violation of human rights to participate in privatization is obvious. In this case, it is necessary to file a claim with the court within 3 years demanding that the privatization agreement be declared invalid.
Forced privatization of an apartment is impossible. After all, participation in it is a purely individual matter. Each family member registered in the apartment decides for himself whether to refuse or agree to participate in privatization.
Thus, there are a wide variety of situations, as a result of which citizens go to court to resolve issues related to the privatization of housing:
- — determination of the status of the housing premises;
- — unlawful refusal to privatize;
- — illegal privatization;
- — deprivatization of others.
If a contradictory, difficult situation arises during the privatization process, you should not stop registering property. It is necessary to entrust the solution of problems to professionals and through the court to achieve recognition of ownership rights to the privatized home.
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...
03/05/2022 — Valeria Andreeva
How to privatize an apartment for a child whose minor mother has died
The question was answered over the phone.
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