What do you mean, a privatized apartment?

Privatization has been firmly established in the lexicon of Russian citizens more than 20 years ago.

The rapid spread of property affected almost everyone.

In particular, large-scale privatization affected the housing stock: most of the tenants tried to move the apartments into property for fear of being left with nothing.

Today, people are no longer in a hurry to become owners of the square metres on which they live, to talk about what privatization is and why it is needed.

What do you mean?

Privatization of the apartment - what is it? Privatization of the apartment -This is the process of transferring public property to private hands..

It's usually used as a transmission.with a view to generating additional incomeThe privatization of housing has very different objectives.

Russia is on a market path for development, and it is also necessary to transfer the work of the housing and communal economy to these tracks.

Note this.Today's multi-family buildings: the owners of the housing unit are contracted to provide public services and services to their homes.

In this case, the public authorities perform exclusivelyControl functionI don't think it fits at all.Government housingwhere people live under a social employment contract, and these apartments are still around today.14%from the entire housing stock.

What does privatization give you, what is needed for a particular person?The tenant gets the apartment.The ability to do with his, now, real estate whatever he wants to do: sell, trade, bequeath or give.own housingand it's received completely.free of charge.

However,Undersea stones also existSo in the next section we'll discuss whether to privatize a flat in a crunch.

Privatization of the dwelling: pros and cons

Let's try to weigh the pros and cons of the privatization of the apartment.Let's start with the negative moments.:

1. The first thing that needs to be addressed isPay differenceUtilities are always paid by the tenants.Maintenance costsin proper conditionjoint propertyA multi-family house: attics, basements, elevator equipment, closing devices.If housing belongs to the StateThis is not the case for people who have privatized their apartments. The simplest example is the installation and replacement of water and electricity meters.free of chargeand they won't be served on their own account.
2. A special mention deserves to be made.Major maintenanceHomes are old-fashioned, communication needs to be replaced, and it's worth a lot of money.Since 2015The owners of the private housing stock have joined the financing of future major repairs in the homes where their dwellings are located.Moscow, e.g.,for each metreHousing will need to be listed for future cap-repairs15 rublesFor low-income citizens, pensioners and persons with disabilities, the amount may be significant.
3. Don't forgetReal estate taxWhen you become the owner of real estate, this payment will be added to the list of expenses.
4. In the event of the demolition of a dilapidated dwelling, the owner of the dwelling will be provided with a dwellingequal to the areaIf the family occupys a social employment contract, a new apartment will be provided with account taken of it.sufficient area per personIn other words, it's a real chance.improveIt's yours.housing situationAbsolutely.free of chargewhich is available only on the condition that the dwelling is used under a social employment contract.

Now.Let's pay attention to the pros.privatization of the dwelling:

• free management of the dwellingYou can rent your property, sell it, change your privatized apartment, give it and eventually legally bequeath it to whoever you want;
• It's extremely difficult to evict a person from their own homes.Try not to pay utility payments in a municipal apartment for six months; you will receive an unequivocal hint of an early relocation to the outskirts of the city or a dormitory;
  1. This is extremely rare, as courts can drag on for years because of numerous delays and appeals.
  2. In the end, the owner will be able to settle all financial difficulties and debts.
  3. Or, as a last resort,Take a loan from the bank.which could still be covered by the same apartment.
• A property-owned dwelling -It's insurance.From changes in the political direction of the Government.

As you can see,has a privatized apartment plus and minusWhether you want her or not, make your own decisions.

The reasoning of those people who ask why to privatize an apartment shows that they are oriented towards the care of the State.

But she's good enough.Maybe it'll grow.The owner of the dwelling, in the form of the local authorities, will say that the tenants use the property but do not pay the rent.

So far, this is just a negative scenario of possible developments.Real estate is an investment.It's not the only difference between a privatized apartment and an unprivatized apartment.

The older generation still remembers all the apartments were state-owned and free, and now it's hard to imagine.

It's up to you to decide whether or not to privatize the apartment.

• The problem is the general privatization of the dwelling, whose tenants have no unanimous opinion on the future of the owner of the dwelling.
• For example, children cannot determine the fate of the living quarters provided by their parents where they are written.
• The dwelling isSingle property complex.

AndIt's impossible to privatize it in parts.As a result, the dwelling will be in the joint property of all the family members who were in it.

Of course you can.Share the apartment in partsbut in this situation privatization loses its main advantages.

The whole order of real estate isn't allowed by the other owners, butSell one roomWill be.It's very complicated.People are simply not ready to pay a lot of money for real estate and actually live in a communal apartment that has been trying to get rid of the state for so many decades.

The ownership of a part of the dwelling will in fact have no advantage for the owners, except for the increased, albeit marginal, costs.

In this case,It's best to wait.Some relatives can move in, get out, buy their own place, and there can be children in the family, which will give them an opportunity.claim for a larger apartment.

Should housing be owned by large families?

Then you'll find out: what is a privatized apartment, what does this process mean for families with many children, and why does it not benefit such citizens?

Another case in which people should delay privatization is that of living in a government apartment with a large family of children.

Such families, as we know,are under the special custody of the Stateand very rarely have any money available.

Is it good to privatize the apartment to a large family? No, an increase in the cost of living for parents with many children.Could be a big blow to the budget..

Besides, always.Housing can be claimed to be improvedBy getting a new state flat, instead of an old one, where the number of square metres per person no longer meets the standards.

namely, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the Committee on the Rights of the Child, the Committee on the Rights of the Child and the Committee on the Rights of the Child

Let's find out what a estrangement is.This is the reverse process of privatization..

If the dwelling has not been sold, given or passed on by inheritance, it is possibleapplyIn Moscow, for example, this is the Department of Housing.

Application for annulment of the privatization of the dwelling.

As a result,The apartment will become a municipal apartment.and the tenants will use it as a social employment contract.

In this case, the tenantslose the right to free privatizationIt's only advisable to carry out this manipulation in one case – if your privatized apartment is in the house under demolition.

The transfer of the housing stock to the tenants on a non-reimbursable basis is a temporary measure.You can't book a place free of charge.held under a contract of employment.

Who is entitled to privatization of the dwelling and who is excluded from privatization

The large-scale privatization of housing announced in July 1991 (FL No. 1541-1 1991/04/07, Rev. 2012/16/10), which is about to end, was intended to turn all Russians into owners rather than facilitate/complicate their lives, while at the same time removing the responsibility for maintaining the housing stock from State and municipal agencies.

Some confusion in good faith has been caused by repeated questions about who is entitled to the privatization of the dwelling and whether any housing is theoretically privatized.

The free will of privatization has sometimes turned into non-intrusive coercion; the lack of objective information and the unreasonable length of the procedure over time have given the entire pool of professional assistants a chance to get on their feet, dealing with problematic (and not very) "rewards" clients.

Who has the right to participate in the privatization of the apartment?

• Act No. 1541-1 on privatization 1991/04/07 Rev. 2012/16/10
• FL No. 178 on privatization 2001/21/12, Revision 2016
• WC and HC

In the first head, only housing occupied by family or non-family citizens under social security contracts is allowed to be privatized (LC art. 60; Plenum Decision No. 14 2009/02/07); such apartments are municipal or public property.

All citizens legally living on these square metres can privateize housing (LC art. 69):

• A responsible tenant;
• Members of the tenant ' s family;
• Dependents who are fully supported and maintained;
• Persons who are actually living in a family and in a joint household.

All named citizens have permanent residence permits, so they can participate in privatization and claim their share of common property.

Despite the obligation to register (Act No. 5242-1 1993/25/06, Rev. 2016/02/06), citizens living in an apartment temporarily or taking off square metres are not considered to be members of the family of the responsible tenant and therefore have no rights to the territory they occupy, even in theory.

Not related to the dwelling as an object of ownership, nor do those close or distant relatives who are not prescribed live temporarily, but with the consent of the legal tenants.

Cannot be classified as a public housing unit or as a municipal dwelling:

• Departmental dormitories and service apartments on the balance sheet of educational institutions, enterprises and organizations;
• Cooperative apartments;
• Private homes;
• Housing of collective farms in rural areas.

Children who are registered in an apartment may participate on an equal basis with the rest of the family in the process and obtain their share of the property in the privatization, and this right is automatically reserved for the children on the basis of a propiska; their parents, guardians and adoptive parents participate in the procedure on behalf of the children up to 14; minors between 14 and 18 take part in the processing process independently (CK art. 26).

The living area is privatized in equal shares or per owner (with the consent of all other tenants).At the same time, the right to be registered and to reside on the premises of those who have voluntarily renounced privatization in favour of other family members is preserved and cannot be taken away from them under any circumstances.

Common (joint) property in privatization without a share is only practised within a married couple (GC Chapter 16).

Who has no right?

• Status of the premises;
• The status of a person living on a dwelling.

Houses of residence, including dormitories and apartments in military towns, are not subject to privatization, although families and single persons may have a residence permit (FL 1998/06/03 Revision 2015/20/04; SP No. 713 1995/17/072016/05/02; FL No. 5242-1; Law No. 1541-1).

There is also a lack of privatization of dwellings in an emergency (wind) state, as well as in houses with a potential risk of destruction (Act No. 1541-1 art. 4) The objective assessment of the housing situation should be clarified in advance, since privatization will be denied in such a situation and the costs of documentation will not be compensated.

The dwelling is accepted with the participation of all registered persons on a permanent basis, and privatization is possible once.

Registered or not registered should not claim a share of the property at all; those in possession of contracts of employment (rents) or free use (GC, pp. 35, 36) are also unable to obtain a dwelling with which they are bound only for the duration of the contract.

Right to privatization of housing by temporarily absent persons

However, their consent (or refusal) to participate in the transfer of the home to personal ownership is subject to written declaration.

A notary (or equivalent to a notary) signature is mandatory.

Temporary absence from permanent registration may be:

• Prisoners;
• Patients and incompetents in hospital;
• Contract or watch work in the areas of the Far North, Siberia and others;
• Service in the Armed Forces;
• Residents or workers abroad.

Privatization is voluntary but collective in a particular dwelling (Law on Privatization of Art. 1, 2). Without paper from missing tenants registered in a dwelling, privatization is excluded – it applies to individual apartments as well as communes.

Machinations that recognize a missing person as a missing person or as a dead person are fraught with consequences.In the event of a "resurrection" of a citizen, privatization will not be valid, and the consequences for a perjury witness may be even more severe.

Parents, adoptive parents, guardians and guardians of those who have no legal capacity for age or health during privatization act on behalf of and for the benefit of their wards, i.e. they are not entitled to form property or share in them.

Refraining from privatization or giving?

A conscientious objector shall not lose his or her right of residence and/or propiska in the apartment.

He is only deprived of the right to be involved in the privatization of this (but not another) dwelling if he wishes to do so at a later date, and the cost of the refusal is reduced to the official refusal of the notary.

The gift allows the gift(s) to be directed to a particular person.Once a gifted giver immediately loses his right of residence, all he has to do is rely on the benevolence of the gifted one.

In addition, the gift would require certain financial costs on both sides, despite the non-binding nature of the notarization, and would impose some restrictions on subsequent manipulation of the donated accommodation.

Exceptions to the privatization of housing

• Free of charge;
• A single time;
• A fair distribution of shares.

The procedure is free for everyone only once. If you need to (or want to) privatize something again, you have to buy housing from the state – you don't have to count on the second "free" thing.

Privatization is a one-time thing.The second privatization of the same dwelling can only be ordered by a court of law if the previous procedure has been carried out with the infringement and infringement of someone ' s rights.

As a general rule, all members of the family receive equal shares of the property in the apartment; it is possible to arrange the dwelling for one owner (if the others refuse) or for common property (a married couple without outside settlers).

Reprioritization

The privatization procedure can be repeated in only two situations:

• Housing has been privatized with violations and infringements of rights; the court must declare the procedure null and void;
• A child of up to 18 is incorporated into privatization automatically with his or her parents, but upon reaching 18 he or she has the right to privatize another one of his or her own dwellings (Act No. 1541-1 art.

The privatization of the vestad, which began in the rainbow, is now increasingly deprivatized (Act No. 1541-1 art. 9.1; CC art.

The persistent increase in taxes, the lack of funds for the maintenance of apartments and homes, and the sudden "prospecting" of new homeowners are the reasons for the rejection of privatization and the return of apartments to public and municipal administration.

What do you mean, a privatized apartment?

When nearly 30 years ago Russian citizens were first given the right to regularize the privatization of the municipal housing in which they lived free of charge, the decision to privatize the apartment seemed to be the only valid one, and privatization quickly became a mass phenomenon, and after a while people concluded that living in a social employment apartment also had its advantages.

And since then, the debate about what's best is to privatize housing or leave everything as it is, and there is no single answer to that question, all depends on the particular living situation of the tenants, and what's good for some families is not good for others at all.

In this article, we will elaborate on the characteristics of privatized and non-privatized housing, in particular whether there is a difference between the concepts of "privatization" and "equity", comparing the advantages and disadvantages of each type, and on this basis we will provide useful legal advice on how best to proceed in a given case.

What's a "privatized apartment"?

First of all, the terms need to be clearly understood.

Privatization is the process of converting property from municipal to private property, regulated by FL Law No. 1541-1. The basis for privatization is a social employment contract or a municipal order (currently very rarely used).

The privatization of a purely voluntary case – a person cannot be compelled to do it alone; if municipal authorities insist on privatization for some reason – it is an excuse to go to court; a privatization transaction conducted under pressure will be declared illegal.

Privateized apartmentIf there are more than one person (natural persons) living in the apartment, they are all entitled to take part in privatization; hence, everyone becomes the owner of a proportional share in privatized housing.

The share of property does not imply a division of the living area itself (especially if it is not possible to divide public spaces), but every member of the family is entitled to a certain portion of the housing in monetary equivalent.

And certain rights – for example, in the case of a sale of an apartment, each owner of a share must give consent to the sale and become a party to the transaction.

The owner has the right to dispose of his or her share as he or she deems appropriate (unless the provisions of the Housing Code and the Civil Code of the Russian Federation are violated).

What is "Unprivatized Apartment"?

Accordingly, a non-privatized dwelling is a dwelling in public or municipal property; people living in such an apartment have the rights and obligations associated with it as stipulated in the social employment contract; they have no right to engage in transactions with the dwelling (sell, give, bequeath), rent it, etc.

Under the laws of the Russian Federation, unprivatized municipal housing can be privatized free of charge at any time (from 2018, the right to free privatization has been declared indefinite), after privatization it is removed from the municipal balance (district, city, village) and transferred to the private property of the people living there.

ATTENTION: Not all housing can be privatized. FL Law No. 1541-1 "On privatization of housing stock in the Russian Federation" deals only with municipal (public) housing.

• Service apartments
• Rooms in a dormitory on the balance sheet of an enterprise and an organization
• Residential Trust in Closed Military Towns (ZAP)

If you are not aware of the status of your family ' s dwelling, you can apply for a certificate from the EGRN or find out on the State Secretary ' s special service. You should indicate the address and cadastral data of the dwelling.

What's the difference?

The difference between a privatized and a non-privatized dwelling lies in the characteristics of the property and non-material human rights of the person living there, which should be carefully studied before deciding on privatization; in some cases, privatization of the dwelling is disadvantageous and it is better to remain in it under social employment conditions.

So the main differences between privatized and non-privatized apartments are:

• You can write anyone on a privatized dwelling, and only close relatives are entitled to a propiska in your municipal home.
• By becoming the full owner of the dwelling, its tenants become responsible for the maintenance of the facility as a whole, i.e. the tenant is obliged not only to pay for the renovation of his or her dwelling, but also for the major repairs, as well as for the maintenance of the building as a whole, which means, in practice, at least twice the rent increase.
• The owner of the privatized dwelling has the right to use it at his discretion: to sell, mortgage, give, exchange wills, to hire, and the social employment contract only means to live on the dwelling in question; all other transactions are prohibited.
• Unprivatized flats can be privatized free of charge, privateized, or disprioritized, i.e., returned to state property (the municipality), also free of charge. This can only be done once. Reprioritization is not provided for by law.

The benefits and disadvantages of privatization

It is clear from the above differences that privatization has not only benefits but also disadvantages, but the main issue in privatization is not "good or bad" but "Is it good for me".

It depends on the specific situation of each individual or family. In some situations, the costs are insignificant compared to the benefits of privatization. In others, on the contrary, they may be decisive and deprive privatization of any practical meaning. We suggest that the advantages and disadvantages of privatization procedures be examined in greater detail.

Plus privatization of the apartment in 2023

• The person who privatized the apartment becomes the owner, the owner of the property, and in some cases it may be liquid and expensive property.
• Real estate is given to him free of charge, without ransom or extra expense, and during the privatization procedure only public services are paid for the change of ownership.
• Privatization can be used as a source of passive income: for example, renting it to a private or legal person.
• With privatized housing, you can make all kinds of transactions, use it as collateral, borrow money on his bail.
• The owner of the privatized dwelling has the right to remodel within the apartment (it is understood, in agreement with the BTI, to prevent damage to the structure of the building as a whole) and, in the case of social employment, the tenants have the right only to make cosmetic repairs.
• A privatized dwelling cannot be evicted, even for huge rent debts, whereas a social employment contract can be terminated at any time if the tenant violates his or her terms.

Moments of privatization in 2023

• Housing costs are increasing considerably, the rent itself is increasing, plus a monthly cost of major repairs to the building, which is often a very unpleasant surprise for many families, and for single pensioners it can be a real problem.
• In addition, the owners of privatized apartments pay a real estate tax, usually 0.3 per cent of the cadastral value of the dwelling annually, a small sum, but still an additional expense in return for which you, in fact, "receive nothing".
• If your municipal housing can be classified as "elite" is one thing. But the old old housing stock is quite different. The market value and attractiveness of tenants in an old, worn-out house in a "not prestigious" area will only fall every year, and the owner himself will have to deal with problematic sewers, running water, electricity networks.

Privatization of the apartment or not: legal advice

When the free privatization started, it was urgent (until 2004), many people privatized flats "just in case", fearing that only a purchase at market value would be possible at a later date, but the period of free privatization was extended several times, and finally, in 2017, it was cancelled altogether (FZ No. 14).

This means that, having spent a certain number of years in municipal housing, employers may convert it into their property free of charge and do not have to buy apartments.

To date, almost 80 per cent of municipal housing in Russia has been privatized; that is the vast majority, but still 20 per cent of residents who have not yet made a decision are millions of people.

The following advice is intended for them.

1. A single elderly person who is the sole employer of housing, privatization is of no use. First, there will be no need to pay high utility payments and a real estate tax. Second, a social employment contract is a guarantee of the housing rights of pensioners. Unprivatized housing cannot be sold, so no "black real estate" can be deceived or threatened with depriving a helpless elderly person of housing.
2. There is no point in privatizing housing in an emergency, old-fashioned fund, or in a house that threatens to become an emergency in the coming years, waiting for a settlement order from the administration and getting new, more comfortable housing under a social employment contract, which is already more commercially attractive, housing, and then privatization.
3. In order to privatize official housing, it must first be converted into municipal housing; in some cases it is not possible (especially in military towns), and other owners of service apartments very rarely agree to its free privatization, but if, for example, the enterprise is bankrupt, the dwellings on its balance sheet are transferred to municipal ownership and are converted from departmental, service housing to municipal housing, which can be privatized.
4. The privatization of the apartment makes sense if you want to improve housing conditions, then you can sell it, and by adding savings, you can buy a more comfortable or spacious dwelling.

What do you mean, a privatized apartment?

The issue of privatization of housing is still relevant, and the possibilities and usefulness of this process are discussed in this article.

The issue of privatization of housing remains relevant to this day, as many people know what this process is, but a large number of citizens believe that the positive effects of privatization are greatly exaggerated and are more of a useless one.

In Russia, the privatization process has been under way for more than 20 years, and there are several varieties of this process; according to statistics, more than 80 per cent of the housing stock has already been privatized and the procedure has not even had to be paid.

Since the beginning of 2016, privatization will be paid, and a duty will have to be paid in order to confirm the right to housing, but there are substantial grounds for believing that the free privatization will be extended indefinitely.

The privatization of property was introduced to our fellow citizens in 1991, together with a new law that confirmed the legal value of the procedure, a concept that had not previously been cultivated.

Privatization refers to the transfer of property from public funds to private property, through a written agreement between the competent authorities and the owner of the premises.

Privatization has been a free-of-charge process throughout the period, but it will soon change, and the technical conditions of the procedure will require financial injections.

In fact, privatization can be described as the process by which people move from tenants to owners of the dwelling.

The process is carried out through the enactment of regulations and the draft law, and the main principles of privatization are:

• A one-time thing.
• Good faith.
• Self-involved.

A person is obliged to participate in privatization on the basis of his or her voluntary consent; no one and nothing can force him or her to privatize his or her own housing.

In principle, there are options in which the authorities may try to force a person into the process of privatization, but their actions would then be illegal and officials would be punished if they complained to the appropriate authorities.

There's another nuance in the procedure, so it's necessary to move the property from a public form of ownership to a private one.written authorization from all peopleIn the absence of at least one signature, it is not possible to start the process.

Given the simple nature of the procedure, it is not clear why our compatriots are not in a hurry to participate in the programme, and the experts argue that the fact is that the lack of legal literacy and lack of understanding of the results of the process does not allow the right information to be communicated to a part of the population.

The only place to be privatized is that in which a person has permanent residence and is registered on the basis of a social employment contract.

The following types of accommodation cannot be privatized:

1. Housing in buildings deemed to be emergency.
2. Rooms in dormitories.
3. A housing fund for closed military towns.
4. Private and public living areas.
5. Service apartments.

It is worth noting that there may be exceptions to service housing, and the State affirms the human right to privatize such premises subject to certain conditions.

If a person has been using a dwelling for more than 10 years and for approximately the same period of time working on the property, privatization is allowed, provided only that the owner does not object to this step and is prepared to issue a written authorization in accordance with the existing legal framework.

What's better, privatization of the apartment or not?

Privatization has its positive and negative aspects, and many citizens perceive the negative aspects only and are therefore unable to appreciate the positive aspects.

The main benefits of privatization procedures include:

• Housing is moving from public property to private property, and the new owner can use it as his choice; given the country ' s situation, namely high costs and low wages, this is one of the few opportunities to acquire his own immovable capital.
• Privatization ensures the human right to use and own housing, which means that housing can be sold, donated or leased if it wishes, and no one can challenge the appropriateness of the decision.
• The owner's privatization of housing will be given many legal opportunities, in particular the ability to organize the remodelling of the dwelling area on his own, but not forget some of the restrictions that the existing regulatory framework imposes on owners who have decided to do so. Read more about how to legalize the remodelling of the dwelling in the article by reference.
• Privateized housing may be the subject of collateral for certain types of credit, such as mortgages and auto-credit.
• If the owner does not wish to pay for the renovation of the building and for its maintenance, no one may file a claim with him sufficient to evict him from his living quarters.

Along with the positive side, there are, of course, some features that can be identified as negatives of the process.They include:

• In accordance with the laws in force, privatized housing places a higher level of rent on its owner.
• If prior privatization could have been carried out without spending a penny, since the beginning of 2016 the federal authorities had amended the existing law and the owners would have to pay for the process.
• Private property in buildings that are later considered to be emergency housing can be replaced by new housing, but it is worth noting that public housing allows for an increase in residential space per family, the private property will be oriented towards the required space for citizens and it is at this stage within 18 square metres.

Despite some of the negative aspects of the privatization process, its benefits are outweighed, and it is only natural that we should take advantage of this service, so let us consider what it takes to start the privatization process.

What is needed for the privatization of the apartment?

In order to start the privatization process, a package of documents must be prepared, which includes:

1. Data on all citizens who are registered and resident in the apartment (copy of passports and birth certificates for minors);
2. Documents that confirm the right to participate in privatization;
3. A certificate of non-participation in the privatization process earlier;
4. If other family members are unwilling to participate in privatization, their notarized refusal to participate in privatization must be obtained; how to formalize the rejection of privatization of the apartment read here
5. Original housing documents as well as information on citizens who lived here before (in particular copies of death certificates for previous tenants);
6. Replanning data, if any;
7. Copies of receipts for utilities and rent for the last three months;
8. An extract from a home book. Read here how to get an extract from a home book.

The issue of privatization of housing is a personal matter for everyone, and it is up to him to decide whether he or she should be involved in the process, or at this point in his or her life, and it is not appropriate to note that the majority of domestic lawyers and legal experts recommend the transfer of housing to private property as soon as possible.

How do you know who owns an apartment when it's privatized on three, two, one person?

The privatization procedure is regulated by legislation such as the Law on Privatization No. 1541-1 of 04.07.91.

Except here.The rules of articles 217 and 235 of the Code of Criminal Procedure apply.which indicate the termination of the ownership of the privatized property by the municipality or the State, giving rise to the right of ownership by the person or group of persons who have privatized the dwelling.

• Article 217: Privatization of State and municipal property
• Property held in State or municipal property may be transferred by its owner to the property of citizens and legal entities in the manner provided for by the laws on the privatization of State and municipal property.
• In the privatization of State and municipal property, the provisions of this Code governing the acquisition and termination of property rights shall apply unless the privatization laws provide otherwise.

Further grounds for property are laid down in article 35 of the Constitution of the Russian Federation and chapter 17 of the Civil Code.

As a result of privatization, if all eligible family members participate, the right holder who has obtained a municipal apartment loses his legal position and is no longer the owner.

The apartment is transferred to all those involved in privatization and is issued as joint equity property.

BACKGROUND:: Juvenile family members, who have a proportional share, should also be involved in privatization.

Who owns privatized housing?He was living alone, and he had the right to change his place of residence only to himself.Accordingly, once privatized, it will become the sole owner; non-family residents and residents are not entitled to share in the privatized dwelling.

If, as a result of an agreement between the spouses, the residence is granted to one of them, the other has a joint property right to the privatized dwelling established by article 35 of the Russian Federation, i.e., the property will be considered to be a joint property; if the citizen has registered the privatization within the limits established by law, subsequent marriage will not constitute a precedent for determining the apartment of the jointly acquired property.

If third parties ' rights have been violated as a result of privatization, they are entitled to challenge the conversion procedure by declaring it null and void.

Now you know how to determine who owns the privatized apartment.If the dwelling is owned by the tenant, it means it's privatized.What are the rights and obligations of the owner of the privatized dwelling and the persons who are registered or resident there, you will find out in a separate article.

Nuances for the two owners

If the apartment is privatized for two, it can be jointly owned without making shares; a priori, this arrangement implies half the home ownership.

The co-owners may use the property together, without limiting themselves to a condition, but in accordance with the established procedure for the use of the premises.

For spouses, the allocation of shares is not a mandatory conditionIn accordance with the rules of article 35 of the Russian Federation, such an apartment may be sold in its entirety or may be transferred by inheritance and may participate in other property transactions, but the disposal of property belonging to one person will require the formalization of the equity property.

IMPORTANT:: Persons who have not registered their relationship officially cannot be considered spouses and can not claim to take part in privatization.

The same applies to a person who receives a share of the right in lieu of privatization in favour of him or her, a member of the family, in which case the proportion allocated is not divided between the two remaining participants, one of which is transferred to two thirds and the other one to the legal third.

In the case of municipal real estate

Such apartments are owned by a municipal entity and are handed over to citizens under a social employment contract.

The person referred to in the contract who entered into a social employment agreement with the local administration obtains the title of the right holder, but not the owner.

In the language of legal terminology, it is referred to as the responsible employer, with the corresponding powers, which are not identical with the right of ownership.

Responsible employer has the right to delegate responsibility for the maintenance of the dwelling to all tenantsbut does not have priority over members of his family who entered the apartment with him or were born after the conclusion of the contract, so privatization is administered by the municipality and not by the person to whom the contract is issued, and it appears that the person living in the apartment that is not privatized is very well entitled to it.

Do you need to be privatized?

These types of transfer of rights include security of ownership of the transferable property.The only purpose of privatization is to establish ownership of an apartment.

How do I register?

Let's tell you how to get the privatized apartment into ownership.

The right of ownership arises after the participants in the proceedings have been given a hand-written contract by the administration for the transfer of property to property.

Now more about the registration of the privatized dwelling.The process of restructuring begins with the conclusion of a contract.The contract of transfer is concluded in accordance with the provisions of article 161 of the Code of Criminal Procedure, the form of which is the model for each organ of the executive branch.

Article 161 of the Criminal Code of the Russian Federation: transactions performed in simple writing

1. Transactions must be made in simple writing, with the exception of transactions requiring notary certification: transactions between legal persons and citizens; transactions between citizens exceeding 10,000 roubles; and, in cases provided for by law, regardless of the amount of the transaction.
2. Compliance with a simple written form is not required for transactions that may be performed orally under article 159 of this Code.

Each participant in the procedure shall be provided with two copies of the document to which his or her personal data have been entered, and in accordance with the provisions of article 163 of the Criminal Code of the Russian Federation, the contract may be notarized.

However, the information on the procedure followed and the contract obtained must be entered into the cadastre records so that the legal owner of the dwelling is included in the Single Register of Right Holders of Real Estate; without registration, the contract will not enter into force, as stipulated in article 131 of the Russian Civil Code.

1. IMPORTANT:: For underage family members, their parents (or adoptive parents) are involved in the privatization process by providing children with their share of the right.
2. If you want to privatize an apartment for a minor child, you will find out all the details about it and a lot of others in separate material.

Where's the paperwork?

The privatization process takes place in the Rostreestra office at the place of the apartment, and the documentation can also be transferred through the Multifunctional Centre (IFC).

The transmission of documentation can be processed through both a personal visit to the IFC and a mail mail package:

• With notification of receipt;
• with an investment list.

In the event of a transfer, the attached copies of the documents must be certified by a notary.

What documents are needed?

The registration of a privatized dwelling requires a documentation package consisting of the following:

1. The transfer agreement, which includes all participants in the procedure by number and an additional copy for Rosreestre.
2. Civil passports of all family members who have reached the age of 14 who take part in the procedure for the reform of rights, their birth certificates, to confirm their relationship to the parents who are legal representatives.
3. Birth certificates for children under 14 years of age.
4. The certificate of marriage between the spouses.
5. For parents of adult family members, birth and marriage certificates are also required; if they are lost, a certificate should be obtained from the civil registry authorities.

If a representative acts in the interest of the family, he must have notarized credentials from all adult family members.

With a package of documentation, citizens come to Rostreestra's office., pre-recorded through the State Services website, or receiving a terminal ticket. When you go to the FICC, the pre-recorded entry is voluntary and appropriate if there are large waiting lists in the built-up area, or if there is a strict regulation of the visitor's time, there is usually a sufficient number for an electronic line.

With the billboard and the documentation package, the visitors approach the window on which their turn was lit. Sometimes the one window service takes a live turn. When they approach the registrar, they are given the documents for registration. Once they are checked, the registrar issues the forms to fill out the registration applications.

Time frame

The registration period shall not exceed 10 days.Documents are accepted on a receipt indicating the date of the follow-up visit.

Secretary of State

Registration services are subject to a State duty of 2,000 roubles per copy of the contract.

It is paid before the registration documents are filed; payment is compulsory, but the receipt may not be attached because the information is received by the registrar automatically; which documents are issued after the registration; and at the re-entry, the agreement for the transfer of the dwelling is issued, with registration marks and an EGRN statement for each participant in the procedure.

BACKGROUND: Passed passports and certificates are issued on the same day after the entry at the primary reception, and copies of the documents remain with the registrar.

During the verification of the package of documents submitted, the registrar shall decide whether to accept the documents or not to continue the documentation.

The refusal may be based on the following:

• No payment has been made to the Minister of State;
• Documentation shall be provided by a person without such authority;
• One (several) documents are invalid;
• There was a technical error in the contract;
• The privatization procedure has been flawed.

In the event of a refusal, it would be necessary to correct the defects and resume the discharge.Certain situations can only be resolved by filing a lawsuit with the courts.

Now you know all about the registration of the privatization of the apartment.