Privatization of emergency housing, is it possible and how to privatize an apartment in emergency housing?

Privatization of emergency housing is impossible if it is recognized as emergency in accordance with the procedure established by law.

However, if people are still living in a residential building, then a sufficient number of problems arise for both residents and authorities, in the settlement of which the simple use of legal norms is not enough, and court decisions do not always have real force.

Emergency housing

According to the law, privatization of emergency housing is impossible, since only housing suitable for permanent residence of people is subject to privatization. In this case, sanitary and technical conditions must be observed.

The depreciation of a building by more than 90%, properly established according to a procedure defined by legislation and technical standards, will almost always be only relatively objective (if people still live there), although, from the point of view of the law, the fact that a building is recognized as unsafe is legally significant and gives rise to a lot of legal consequences.

For a tenant of a dilapidated house living in it, recognition of the emergency situation is not a compelling argument insofar as he himself always knows perfectly well what difficulties living in it is associated with. However, he can only know about the external, visible deterioration of the building and living conditions.

But he may not be aware of much more important circumstances:

• rotten electrical wiring;
• engineering structures that have fallen into disrepair;
• soil subsidence, tilting of the structure and the likelihood of the building falling;
• the likelihood of collapse of balconies and load-bearing elements, etc.

In any case, it is almost impossible to take on the responsibility of maintaining your home in an acceptable condition for living.

It is beyond the power of the residents of the house to comply with the necessary technical and sanitary standards, even if they unite in defense of their legitimate interests.

Usually we are talking about an apartment building, and the issue of privatization is of significant importance. Residents of such houses in the vast majority of cases are not able to purchase housing and can only count on various social options, including the option of housing privatization.

Dilapidated housing

Not every old building can be considered suitable for habitation, and not every new building can be in disrepair. Violation of building codes often leads to problems.

Especially when housing for social needs is urgently built (hospitals, workers' dormitories), disruptions in the technological process and, as a result, a crack throughout the building cannot be ruled out.

A multi-story building with a crack in the building in the city center creates a danger not only for its residents, but also for the structures surrounding it. The possibility of urgent temporary eviction of tenants creates problems for local authorities.

From a legal point of view, housing becomes unsafe after the conclusion of a special commission created by authorized bodies. For example, when carrying out restoration work is technically impossible, the building will be recognized as unsafe.

Meanwhile, there are different statuses of structures:

1. Dilapidated housing.
2. Emergency housing.

In the case of dilapidated housing, they say that more than 70% is worn out, but the legislation does not determine the status of dilapidated housing and this does not in any way affect the possibility of its privatization.

Long-term and active exploitation does not pose a threat to the health and life of citizens, therefore, when it is considered dilapidated, it can be privatized.

A house built in compliance with all necessary standards may also fall into the category of emergency.

If we do not take into account man-made accidents and improper compliance by employees of the relevant enterprises with the regulations for the maintenance of engineering structures, then external reasons may be:

• landslide;
• flood;
• subsidence of the building above the metro tunnel.

In order to initiate the process of recognizing housing as unsafe, you must submit an application to the relevant municipality.

Privatization of social housing

Housing provided by the state is classified as social. The ownership of such residential premises belongs to the federal or municipal authorities.

A citizen has the right to privatize an apartment or other residential premises, except for a dorm room, once in his life. Naturally, if the house is declared unsafe, then privatization of the living space is prohibited.

An individual has the right to privatize an apartment if:

• has Russian citizenship;
• right of use on social rental terms;
• application for re-registration of rights.

The privatization procedure is one-time, free of charge and carried out only once in a lifetime.

The privatization procedure involves filing an application indicating the employers who made the decision. If they include minors, then until the age of 14 the parent signs for them, and after that - the child himself with the consent of the parents.

The refusal to participate in privatization in favor of other family members is certified by a notary.

To exclude cases of repeated applications, it is necessary to provide a certificate from the BTI (technical inventory bureau) that this application is primary. To confirm the absence of debts on utility bills, you need a certificate from the housing and communal services company servicing the house.

After checking the provided documents, a decision is made to transfer ownership rights to citizens and a privatization agreement is drawn up. Property is received by all citizens who declare a desire to privatize an apartment.

After all these steps, the apartment is privatized and the procedure for registering the property with the cadastral register, issuing a technical passport, and assigning a cadastral number to the property is carried out.

Privatization details

By privatizing housing, all family members receive equal shares, including children under 18 years of age. If the child was a minor at the time of privatization, then his right is not considered used. This is an exception to the general rule.

Privatization is a relationship between the state and citizens. For such transactions there is a statute of limitations; it can be declared invalid on the grounds established by law. And due to its gratuitous nature, it is a reason for abuse.

For example, the owner knows that privatization is in full swing in a dilapidated building. The results of such privatization will lead to insignificant results.

If housing has become dilapidated or in disrepair, then residents can assume this, but can only guess about its disrepair. An application to recognize housing as unsafe is submitted by the municipality; how it uses the inspection results is its competence, although residents have every right to demand information about the technical status of housing.

Residents of a privatized apartment pay:

• property tax;
• major repairs;
• house maintenance.

In judicial practice, cases of citizens appealing for termination of ownership rights, invalidation of privatization due to the fact that the house was in disrepair are not so uncommon. Such legal proceedings are initiated upon the application of the tenant, to which an act of the housing commission is attached.

Quite a large number of citizens have the status of military personnel; naturally, the lives of their families are connected with frequent and long business trips. Upon completion of service or in the process of it, it is problematic to privatize housing. It is owned by the Ministry of Defense of the Russian Federation and belongs to its housing stock.

It is always difficult to transfer ownership of social housing received from the Ministry of Defense. The prospect of reducing its own housing stock is not in the interests of the department.

Reasons for refusal to privatize

Since the privatization of housing began, it has become commonplace. What to do: refusal of applicants has become a common and “normal” phenomenon. Judicial practice on refusals of privatization has gained significant experience.

The legislation does not provide many grounds for refusing privatization:

• there is no consent of all residents registered in the residential premises;
• there is no data on the registration of residents since 1991;
• illegal redevelopment in the apartment;
• The status of the apartment does not allow it to be privatized.

As a rule, rent arrears are not grounds for refusal of privatization, but it is better not to have them in any case.

The redevelopment must be legalized - this circumstance is not even in doubt. As for the data since 1991, there is indeed a problem. A certain period, especially the initial one, was too difficult.

But the most significant thing is that not all cases of those ancient times have had information preserved or indicated properly. Modern perfection in real estate accounting does not correlate in any way with the initial stage of privatization.

Non-privatized apartment

The free transfer of housing ownership to citizens has become a process that can be extended many times. Despite the fact that the construction of multi-storey buildings and the private sector is rapidly developing, the state’s housing stock has a large volume of non-privatized housing.

Naturally, the fact of free housing re-registration does not correlate in any way with payment:

• state fees;
• registration of a cadastral passport;
• certificates;
• execution of the contract.

Real estate can only be disposed of when it is privately owned. An apartment received under a social tenancy agreement is the property of the municipality or the state. The question of whether such an apartment can be sold, of course, cannot be raised.

The competence of housing authorities that deal with non-privatized apartments does not include participation in transactions for the exchange or sale of housing.

If there is a need to obtain ownership of an apartment not only for living purposes, but also for possible sale, exchange, inheritance, then it should be privatized. This can be done if one of the family members did not participate in privatization, for example, a child.

If meters allow, then this may be a good solution. It is important to check with the housing department of the municipality about the norms of meters per person and take the necessary actions.

How to privatize new housing for social rent

A large family from the city of Vladimir is contacting you with a request for help: The six of us live in a communal apartment in a wooden, dilapidated house. We purchased two rooms in 2008, a third free room was allocated to us under a social tenancy agreement in 2011.

We are on the waiting list (registered) as those in need of improved living conditions. At the moment, our house is being examined for suitability for habitation and possible resettlement. Dad and Mom had previously participated in privatization. The eldest son is 21 years old, the rest of the kids are from 2.5 to 6 years old.

Do we need to privatize the third room before moving in?! And How? on your son?

If, upon resettlement, we are provided with new housing under a social tenancy agreement, will we be able to privatize the new apartment and how? (after all, we are losing property in the old apartment...) I ask you to help us with a consultation!

How to privatize new housing for social rent

Hello! I need advice on privatization: on a package of documents, based on the fact that I received this apartment under the program for the resettlement of dilapidated housing. Now we have social media on hand. hiring, where me and my 7-year-old child are registered.

How to privatize new housing for social rent

To privatize an apartment, you need to submit an application and collect a package of documents, then submit it to the registration authorities.

Privatization of an apartment in 2018 is carried out using the same documents as in previous years: a social tenancy agreement or warrant; registration certificate of the apartment; passports and birth certificates of all family members living in the apartment; extract from the personal account (information about the residents registered there) ; power of attorney for privatization, if any family member is absent at this time; refusal of privatization, if any family member refuses privatization (this and the previous document must be certified by a notary).

Additionally, documents may be required confirming that until this moment the right to privatization was not used in another region (if a move was made), as well as a certificate from the previous place of residence if registration in the current housing was carried out after July 4, 1991. A similar certificate not required to be provided for minor children.

Hello. I am being moved to a new apartment under the dilapidated housing program; my apartment was privatized. Now they said we need re-privatization and I need to pay for everything. Is it so?

How to privatize new housing for social rent

Hello Margarita! There is no need to privatize the apartment provided to you. You will simply need to register ownership of it by submitting documents to Rosreestr or MFC. The state fee for registering rights will be 2,000 rubles.

Is re-privatization necessary under the dilapidated housing program and do I need to pay for it Hello. I am being moved to a new apartment under the dilapidated housing program; my apartment was privatized. Now they said we need re-privatization and I need to pay for everything. Is this so? Margarita

NO, you don't need it! You NEED to obtain a certificate of ownership, for which you need to contact Rosreestr personally, on the state website. services, as well as in the MFC branch of your area!

Privatization of emergency housing (dilapidated) - 2023, prohibited, through court, practice, for demolition, explanations

Individuals who want to understand the question of what emergency housing is are faced with the problem that at the legislative level there is no specific definition on this matter. However, in practice, there has been a tradition of classifying housing as emergency housing, in which 50% of the living quarters and frame components are so deformed that living there any longer is simply life-threatening.

In addition to the concept of “emergency housing,” the concept of “dilapidated housing” is used. These concepts are not equivalent. Their main difference is the fact that the impossibility of privatization of emergency real estate is enshrined in law. As for dilapidated housing, there is no direct ban on its privatization.

At that time, when privatization had just begun, many people made a mistake when they began to submit documents for the privatization of emergency and dilapidated housing, because they were afraid of being left without a roof over their heads. Is it necessary to privatize such housing and what does the privatization procedure look like? In what case can you go to court to protect your rights and what documents should be submitted?

Basic provisions

Assignment of status

Measures aimed at recognizing housing as unfit for living are carried out on the initiative of the housing inspection. If the authorized body does not pay attention to this issue, the residents themselves must apply for the possibility of assigning the status of “emergency” to the building.

For this purpose, you need to collect and submit the following documents to the local administration:

• title documentation;
• registration certificate;
• a conclusion issued by a specialized legal entity based on the results of a survey of the structure;
• other documents that indicate that the application is motivated.

After receiving the application with accompanying documentation, the administration must issue and hand over a registration coupon to the resident. Based on the documents received, authorized persons form a special commission, which should include employees of the competent authorities, including SES, fire and environmental services, architecture, etc.

Members of the created commission must go to the address where the disputed house is located and check its current condition. If there is such a need, additional experts are brought in, tests are organized, etc.

As a result, a research report is drawn up, which forms the basis of the commission’s conclusion on:

• refusal to satisfy the submitted petition;
• recognition of the house as uninhabitable and subject to reconstruction;
• recognition of the house as uninhabitable and subject to demolition.

Such a commission opinion becomes a document on the basis of which a decision is made by the local administration. A copy of such a document is issued to the applicant.

It is important to note that the submitted application must be considered within a month

Clarifications in the law

Article 4 of the Law on Housing Privatization determines that residential premises that are in disrepair cannot be privatized.

When considering the issue of the legality of refusing to privatize such housing, the Constitutional Court of Russia, when preparing the ruling of November 5, 2003 No. 350-O, indicated that the above-mentioned law establishes that the object of privatization is a premises that meets established requirements, both sanitary and and technical, intended for permanent residence and suitable for this purpose.

Based on this, the privatization of dilapidated housing in 2023 is impossible after the act of a government agency or local government structure recognizing the house as dilapidated has entered into force.

Not in all cases it is necessary to acquire ownership rights to housing - first you need to answer the question of whether privatization of the apartment is necessary, and how necessary it is in each specific case.

In what cases is privatization through the court possible, read this article.

The procedure for privatization of emergency housing

It is prohibited to privatize emergency housing, as stated in Article 4 of the law on privatization. That is, if there are all the documents that confirm the accident, privatization is impossible. On the other hand, the privatization of emergency housing is not necessary, since the person must be provided with another place to live.

However, it is possible to privatize dilapidated housing, since there is no direct legal prohibition on such actions. Dilapidated and dilapidated housing stock should not be confused; these are two different concepts. Dilapidated housing includes housing that is more than 70% worn out. The difference from an emergency is that it does not threaten the health and lives of people.

The procedure for privatizing dilapidated housing is no different from ordinary privatization. The answer to the question whether it is possible to privatize dilapidated housing is unequivocal - yes, but is it necessary to do it? If such an object is privatized, it becomes the property of a person, after which he is obliged to maintain its proper condition.

If such housing is municipal, there remains the opportunity to become the owner of a normal home, which in the future can be privatized.

Thus, to conclude a privatization contract, in addition to a passport, you must provide a technical plan, a payment receipt, a social rental contract and other documents. The technical plan deserves special attention; if it is missing, you should contact the BTI and sign the appropriate agreement, which will become the basis for drawing up such a plan.

When the privatization contract is received, you need to contact the Rosreestr department with it and other documents to obtain a certificate of ownership.

Another privatization procedure is possible if a “one-stop shop” service/multifunctional center for the provision of public services is created in a locality. In this case, the only document needed is a passport.

In some cases, supporting documents may be needed, for example, a certificate confirming that the person has not yet exercised the right to privatization. It should be taken into account that minors have the right to take part in privatization twice.

Download a sample application for a certificate of non-participation in privatization

Other Disclaimers

Demolition nuances

The process of demolition of emergency or dilapidated housing is quite complicated in practice, which is associated with many gaps in the legislation.

People who live in such dwellings should remember that resettlement in this case is not intended to improve living conditions, that is, the area of ​​the new apartment will be the same.

In addition, a new apartment is most often located not in a new building, but in a secondary housing stock.

Another legislative disadvantage is the lack of specific deadlines during which dilapidated housing will be demolished and a new apartment will be provided. There are no benefits for resettlement; new apartments are issued on a first-come, first-served basis.

A person needs to think about protecting his rights if a new apartment does not meet housing standards or its square footage is smaller than the previous one, as well as if the redemption price for housing is lower than expected.

Housing can be demolished if this happens within the framework of a state program or after an individual appeal from a person and the relevant commission makes a decision to demolish the building. Based on this decision, a corresponding decision of the executive authority is issued. How to get the commission's decision?

You need to write an application along with the following documents:

• registration certificate for housing;
• title document;
• floor plans issued by technical inventory authorities;
• certificates of inspection of the premises by its owner over the past 36 months;
• conclusion about the sanitary and epidemiological state;
• conclusion of the fire protection structure;
• a certificate about the technical condition of the house, issued by a licensed agency;
• an act issued by the city housing inspection about the control inspections of the house;
• complaints from residents about poor living conditions;
• other documents.

Document verification lasts 30 days . If there is such a need, you need to re-check the condition of the property. When all formalities are completed, the commission issues its decision.

Residents are notified in advance about the demolition of the house, and they can choose one of the following options:

• receive the purchase price for the apartment;
• get a new apartment as your own;
• get housing under a social rent contract.

The illusion of voluntary choice is created. If a person agreed to one of the proposed options, but subsequently realized that the proposed conditions were not profitable, as a result of which she changed her mind about evicting, the government structure has the right, through judicial practice, to oblige the person to fulfill previously assumed obligations.

So, a person whose home is being demolished can resort to the following options:

Try to privatize it	The legislation does not prohibit this, but the relevant authorities refuse such actions. If a person is on the waiting list to improve their living conditions, it is better for him not to engage in privatization, since he has a real chance to get such coveted additional square meters.
Get housing that is equivalent to your old home	If a person lived in an isolated apartment, they cannot provide him with rooms in a communal apartment.

Right to replacement and relocation

Owners of privatized housing can count on receiving equivalent comfortable housing or monetary compensation. What is housing equity? This is a certain size of living space, settlement in the same area and the same number of rooms. In addition, the owner has the right to demand reimbursement of expenses associated with moving, renting a temporary apartment, etc.

When equivalent housing is selected, a person does not have the right to choose its location. This factor may become decisive and preference will be given to receiving monetary compensation. This option is offered if all the proposed options do not satisfy the person who is moving.

This compensation is targeted and is paid by bank transfer. This means that the money can only be spent on purchasing a home. If a person already has another home, he can spend the money on something else if permission from local authorities is obtained.

A period of one year allows the authorities to select and offer options for new housing to those living in a dilapidated building. Residents have the right to leave emergency housing earlier if a suitable option is selected for them. An apartment under a social rental contract cannot be provided in place of privatized housing.

Decision through court

You can get a solution to the issue of recognizing a house as unsafe if there is delay on the part of those responsible for this through the court. The claim must be filed with the district authority located at the location of the property. In the same way, you can achieve the privatization of an apartment in a building that is recognized as dilapidated.

It will not be possible to privatize emergency housing through the courts. But in this way it is possible to achieve the cancellation of the already carried out privatization if the residents prove that they were not notified by the local authorities about the building's disrepair.

To do this you need to submit:

• a copy of the owner's certificate;
• a copy of the privatization contract;
• materials that confirm that the fact of the emergency condition of the house was hidden by the authorities;
• receipt for payment of the duty.

Privatization can be declared illegal for 3 years ; this is the statute of limitations on this issue

There is no unified form of statement of claim, however Art. 130 and 131 of the Civil Procedure Code provides clarification as to what requirements the document must meet.

The claim must contain:

• name of the judicial authority;
• details of the defendant and plaintiff (name or full name, location/residence, contact information);
• in the main part of the statement you need to state the essence of the issue, avoiding emotions and unnecessary detail. The text must contain links to regulatory documents;
• the plaintiff must set out demands for the abolition of privatization;
• Next you need to list the attachments to the application;
• put the date and signature.

Prohibitions and invalidation

The claim, which concerns the invalidation of the privatization of dilapidated real estate, is drawn up according to all the rules and submitted to the court at the address where the disputed housing is located. Such requirements are recorded in the Civil Procedure Code of the Russian Federation.

The claim should be drawn up including the following information:

• full name of the judicial authority;
• information about the plaintiff, including contact details;
• the name of the authority whose decision the applicant will challenge;
• evidence that confirms the violation of the rights and interests of residents;
• the essence of the plaintiff's claims;
• list of attached documents.

During a court hearing of a case concerning the privatization of emergency housing, a judge may make a negative decision, but there must be good reasons for this:

• the fact of falsification of documentation by the applicant will be revealed;
• redevelopment was carried out in the disputed real estate, which was not legalized;
• the documents provided to the court have lost their validity;
• the applicant has arrears in paying utility bills;
• the applicant used the premises for other purposes or kept them in poor condition.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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

Privatization of emergency housing in 2023: is it possible and instructions?

Properties in poor technical condition are subject to demolition or deep reconstruction. Sometimes it is beneficial to transfer an apartment to the status of personal property. This publication describes how the privatization of emergency housing is carried out. Detailed comments will help you solve complex practical problems without wasting extra money and time.

The legislative framework

Thematic Federal Law No. 1541-1 of July 4, 1991 contains standards for the privatization process. It notes the following important nuances:

• the right to receive free housing is granted in the Russian Federation free of charge only once;
• minor children retain it when moving with their parents;
• all persons who have registered permanent residence in the apartment can become property owners;
• privatization of emergency housing is prohibited;
• relocation is carried out to an apartment of the same or larger area;
• Alternatively, the owner may be offered monetary compensation.

A general definition of accidents is the critical state of the load-bearing frame due to:

• normal wear and tear;
• man-made or natural disaster.

Risks are assessed in a similar way when the facility is located in a flood zone or other potentially dangerous places. The decisive factor is the recognition of the property as unfit for habitation. For this reason, a house that is too close to a high-voltage power line or in an area with radioactive contamination may be prepared for resettlement.

A conclusion on the assignment of the appropriate status is made by a special commission. It is created by municipal authorities according to the rules defined in PP No. 47 of January 28, 2006. This document lists the signs of unsuitability for habitation.

Regardless of the position of regional authorities, the answer from federal laws on whether it is possible to privatize an apartment in a dilapidated building is unequivocal - this is impossible after an official decision has been made about the disrepair. Before such a decision is made, housing can be privatized.

Read more about emergency housing at this link.

Dilapidated or in disrepair

For owners, the only thing that matters is the presence of an official decision from the administration. If there is paper, then the housing is considered unsafe. If not, then the housing status has not yet been assigned, which means it can be privatized. Such premises can be conventionally called dilapidated, although there is no official concept of “dilapidation” in the law.

The main criterion for compliance with a certain category is suitability for habitation. The absence (presence) of factors that pose a threat to the health and life of people is implied in order to recognize dilapidated (emergency) status. In particular, it is assumed that the load-bearing elements of structures will wear out by 65-75% (more than 85-90%), respectively.

Even without a detailed study, the conventionality of such assessments is clear. In earthquake-prone areas, for example, even 50% damage to the frame is taken into account. A brick building remains stable at high humidity and temperature. Wooden - quickly destroyed by rotting processes.

Privatization of emergency housing

In accordance with current legislation, privatization of emergency housing is not carried out. The procedure for re-registration into private property cannot be completed due to a blocking entry in the Rosreestr database. The corresponding restriction is created after signing the act of recognition of the corresponding status.

An apartment in a dilapidated building can be privatized by a court decision, which will establish that the actions of the municipal commission were erroneous. If the housing is dilapidated, it is not difficult to convert it into personal property on a general basis. To decide on the most optimal actions, it is necessary to comprehensively examine the advantages and disadvantages.

Pros of owning a dilapidated property:

• if the building is demolished, you can receive monetary compensation within a period determined by local legislation according to precise rules;
• It is allowed to register not only close relatives in a personal apartment without the special consent of the landlord;
• such property is disposed of at their own discretion (sold, leased, pledged, redeveloped).

Attention! When calculating the redemption price of an apartment in disrepair, its accident rate can be taken into account, which greatly reduces its value. The issue is controversial, there is no clear practice on it yet, but there are risks.

Minuses:

• the only chance to receive free housing from the state will be used;
• a privatized apartment must be renovated entirely at your own expense;
• you will have to pay property taxes annually.

The area of ​​new real estate is allocated equal, and not according to the norms of 18 square meters. for each person with permanent registration as for the option of registering an old apartment under a social tenancy agreement.

Privatization of emergency housing of a small area is unprofitable.

After demolition, citizens can receive relatively small compensation, calculated from the average cadastral prices of real estate properties with poor consumer characteristics.

What should employers do?

If the local administration delays in making a decision on recognizing a building as unsafe, the residents themselves can initiate the corresponding procedure. You can submit a group or individual application. After receiving emergency status, you can deal with issues of relocation - renewing social rent agreements for new housing.

List of documents

An accident claim is drawn up in free form with written consent to the processing of personal data.

Attention! Download a sample application for recognition of the emergency status of real estate using this link.

In addition, you will need the following documents:

• civil passport or other identification document;
• social rental agreement;
• expert opinion with conclusions about the unsuitability of the property for habitation;
• copies of previous applications to the administration with complaints from residents about the poor technical condition of the building (if available).

Procedure

First, they clarify which division of the local (regional) administration is responsible for solving accident problems. Then proceed as follows:

• after preparing the expert opinion, they submit the application and accompanying documents to the office with mandatory registration in the accounting journal;
• analogue – postal item by registered mail with an inventory of the contents;
• participate in the inspection of the building together with members of the organized municipal commission;
• receive a written response about the decision made;
• To resolve disputes, they go to court with a claim.

A building recognized as unsafe will be included in the list of buildings scheduled for demolition. Further, the local administration proposes:

• moving to temporary housing (during reconstruction);
• drawing up a social tenancy agreement for another apartment.

Privatization of dilapidated housing

In 2018, by decree of the Government of the Russian Federation, a decision was made on the indefinite nature of the program for transferring housing into private ownership. Privatization of dilapidated real estate is carried out according to a standard procedure. A detailed description is in the thematic publication at this address. Below is the basic information in abbreviated form.

List of documents

The following documents must be prepared for housing privatization:

• civil passports of adult residents or other identification documents;
• birth certificate of children under 14 years of age;
• notarized powers of attorney from temporarily absent privatization participants;
• a valid social tenancy agreement;
• confirmation from the management office that there are no debts for utility services.

Attention! On our portal you can download an application form for privatization of an apartment and refusal of privatization.

Procedure

To privatize a dilapidated apartment you need to go through the following steps:

1. After preparation, the basic package of documents is transferred to the authorized unit of the local administration. The registration date is recorded in the journal of incoming applications.
2. If there are no errors, a special housing privatization agreement is drawn up and signed. It is transferred to Rosreestr.
3. The process ends with a change in the USRN database of the record about the new owners. Similar actions with a delay of up to 2 days can be performed through the MFC.

Before privatizing emergency housing, all the pros and cons should be comprehensively assessed, taking into account the features noted above. It is recommended to further study the conditions that apply in a particular municipality.

Repost, like, leave comments in the comments. To get professional help, contact the duty lawyer.

For a detailed study of the process of selling emergency housing, use thematic materials on our website.

Privatization of an apartment in a dilapidated building: is it necessary or not?

Many people rent housing under a social tenancy agreement.

However, the state provides the opportunity to privatize a municipal apartment. Moreover, the privatization period has been extended indefinitely.

But not every council housing is suitable for living. Many houses are even given emergency status. A reasonable question arises: is it possible to register an apartment for privatization in a dilapidated building?

What kind of housing can be privatized?

To register ownership of a municipal apartment, the norms of RF Law No. 1541-1 are applied. It excludes the following types of objects from the privatization program:

• residential premises in closed military camps;
• service housing;
• premises in dormitories;
• apartments unsuitable for living, as well as located in dilapidated buildings.

These grounds are always checked when considering an application for privatization of housing. If the building is included in the emergency buildings, then privatization will be refused. But the fact must be confirmed by the municipal register.

Emergency housing cannot be privatized.

When is a house considered unsafe?

To be assigned an emergency status, it is not enough that the house is dilapidated or requires repairs. Accidents imply significant damage or deformation of the load-bearing structures of the building. They may be due to natural causes or external influences.

A house is recognized as unsafe from the moment an act of the interdepartmental commission is drawn up and a resolution of the local administration is issued. It is the presence of these documents that will not allow privatization of the apartment. Municipal authorities are obliged to issue an official refusal to privatize. But it can be appealed in court.

The interdepartmental commission issued an act - the house was officially recognized as unsafe.

If the recognition of the house as emergency housing occurred after privatization and registration of ownership, the apartment can be disposed of at your own discretion. You have the right to sell it, exchange it, donate it, bequeath it to your heirs, etc.

But that's not the main thing. The disrepair of the housing stock implies the obligation of the authorities to resettle citizens in equivalent housing, or to pay the redemption price.

Residents of a dilapidated building can count on a new apartment from the state.

How to achieve privatization of emergency housing?

Living space located in a dilapidated building can be privatized. But only in one case - if the emergency status of the house is removed.

You can do this in two ways:

1. contact the municipality;
2. file a claim in court.

The grounds for removing the status of a dilapidated house are:

• carrying out major repairs or reconstruction - the main characteristics of the building have been restored;
• violations committed by the interdepartmental commission when determining signs of accidents;
• suitability of housing for permanent residence of people.

You can challenge the accident status through the court or municipality.

Repair and restoration work is carried out according to municipal and regional programs. If their implementation does not allow the integrity of the house to be restored, the residents will be relocated to equivalent apartments.

Let us note one nuance : New housing can be privatized without problems. Simply apply to your local authority's housing department.

If the assignment of the status of emergency housing took place in violation of the law, you can appeal the municipal act in court. For example, the degree of wear or deformation of supporting structures was incorrectly determined.

The court will order a re-construction examination. If your arguments are confirmed, the emergency status will be removed from the house. This will allow you to privatize the apartment.

A construction inspection can prove the suitability of a house for habitation.

How to get another accommodation?

If you live in a municipal apartment under a social tenancy agreement, which is located in a dilapidated building, you can become a participant in the relocation program. It is not necessary to own a home.

You only need to file a claim with the district court at the location of the damaged house. The judge's decision will become the basis for obtaining new municipal housing.

Privatization of emergency housing (dilapidated) 2023 - judicial practice, is it possible

Russian citizens who live in real estate on the basis of a social tenancy agreement often try to register it as private property.

If an apartment or other real estate is officially recognized as emergency, then the procedure will be very complicated, almost impossible.

Conditions

In 2023, a standard list of conditions has been established, the observance of which is necessary for the privatization of any type of living space, including emergency ones.

The list includes:

• having Russian citizenship;
• the procedure is carried out exclusively with real estate that is on the balance sheet of a state or municipal fund;
• privatization is possible only for residential real estate provided on the basis of a social tenancy agreement;
• privatization is carried out on a voluntary basis and must be confirmed by a corresponding application.

Please note: the right to privatization for citizens is granted only once. The exception is minor children.

According to Federal Law No. 1541-1, the privatization of emergency housing is prohibited. It can be registered as private property only after its status has been removed.

The exceptions are such objects as: state farms, agricultural enterprises and institutions that fully provide social protection of the population.

Law

The main law is Federal Law No. 1541-1, which states that privatization of emergency housing is impossible if it officially has such a status.

A property that is unsuitable for living and poses a danger to residents is recognized as unsafe.

The corresponding conclusion is provided by a special commission. A clear definition of emergency housing is reflected in Art. 32 Housing Code of the Russian Federation.

Privatization of emergency housing

The owner of the emergency living space can be the state or a local municipality.

Citizens who permanently reside in the apartment can become owners of real estate under a social rental agreement.

If the housing is in disrepair, then privatization is impossible, but there are some exceptions.

Is it possible?

According to Federal Law No. 1541-1, the privatization of emergency housing is prohibited. To recognize the fact of an accident, you must submit an application.

If there is such a conclusion, residents of such premises must contact the housing department of the local municipality and submit a corresponding request to participate in the relocation program.

They are provided with real estate in accordance with established standards under a social tenancy agreement - on the basis of Art. 50 of the Housing Code of the Russian Federation.

In the absence of a corresponding conclusion from the commission that the living space is unsafe, it can be officially recognized as dilapidated. In this case, privatization is not prohibited.

Procedure

There are often situations when the issue is resolved with the help of a judicial authority. To speed up the procedure, you need to file a corresponding statement of claim with the district judicial authority for the location of the property. Dilapidated real estate is also privatized in the same way.

An apartment recognized as unsafe is not subject to privatization. If the local government body declared the house unsafe and did not notify the residents, then the latter have the right to file a lawsuit to overturn the decision.

Documentation

In order to cancel the privatization of emergency housing, a citizen must, together with a claim in the district court, file:

• original + copy of certificate of ownership;
• original + copy of the privatization agreement;
• receipt of payment of state duty;
• documentary evidence of concealment of accidents.

A transaction can be declared illegal in strict accordance with the limitation period - 3 years.

Going to court

In practice, situations often arise when the decision to recognize a property as unsafe or dilapidated is delayed. Every citizen of Russia has the right in this case to appeal to a judicial authority.

The claim must be filed in the district court where the property is located.

Statement of claim

The court decision also depends on the correctness of the claim, so it must meet the requirements of Articles 130 - 131 of the Code of Civil Procedure of the Russian Federation.

The claim must show:

• full name of the judicial authority;
• full information about the defendant (name of the body, position of the authorized person and his initials, contact details);
• full information about the applicant (full initials, residential address, contact details);
• content: the essence of the appeal is stated, it is necessary to refer to Russian legislation;
• at the end the date of filing the claim is indicated and a signature is placed.

The plaintiff must provide documentary evidence of the violation of his housing rights.

What could be the solution?

Based on the results of the judicial consideration of the issue, an initial decision may be made:

• the apartment is officially recognized as suitable for living;
• the housing needs major repairs, which will allow it to be considered normal for living;
• the property is officially declared unsuitable for further residence;
• the property is officially recognized as unsafe.

Based on one of the above decisions, it is determined whether the property can be privatized or not.

Arbitrage practice

When the privatization of emergency housing began, judicial practice shows a huge number of citizens who registered such real estate as private property. Citizens are simply afraid to stay on the street.

An example of this is the ruling of the Supreme Court of December 2014 in case 24-КГ14-8.

In such a situation, the panel of the Supreme Court of Russia recognized the transaction on the issue of gratuitous transfer of real estate, which is in emergency condition, into the ownership of a citizen free of charge.
The board simply canceled the privatization procedure.

Is the right to resettlement still valid?

Owners of dilapidated real estate in 2023 have the right to purchase an equivalent property or financial compensation. This does not apply to owners of emergency housing.

The one that fully corresponds not only in area, but also in the number of rooms and location is considered equivalent. In addition, owners may require payment of forced relocation and rental property.

When choosing an equivalent apartment, citizens are not given the right to make their own selection. Because of this, citizens often prefer to receive financial compensation.

Finally, I would like to note: if the disrepair of the property has not been officially established, then privatization is carried out in a standard manner, otherwise it is necessary to demand through the court to assign the status of dilapidated in order to be able to register the living space as private property.

Video about privatization rules

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• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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