Сегодня нас заинтересует услуга под названием "housing privatization". What it is? How and when can it be held? How much time does it take? Answers to all these questions and not only will be found below. With proper preparation, almost every modern person will be able to cope with the task. The main thing is to remember the legal aspects and the basics of applying for the service. The procedure is accompanied by serious paperwork, but ultimately citizens will get the minimum of problems and troubles.
Definition
What is privatization?
So called the process of re-registration of state or municipal real estate (most often - housing) into private ownership. That is, the transfer of state property into the hands of citizens.
What is the privatization of housing in Russia? Earlier it was said that in 2017-2018 this operation will be closed. But in real life, the news turned out to be unjustified.
The thing is that free housing privatizationextended for an indefinite period. At the moment, a similar operation is not planned to prohibit. Therefore, almost every resident of the Russian Federation has the right to receive the corresponding service.
Pay or no money?
Does privatization of housing in Russia require any expenses? Or is it a free operation?
Under current legislation, a citizen can take advantage of the privatization of housing free of charge only once in his life. After that, this "option" will be abolished.
The exceptions are children. That is, if a citizen participates in the process under study before the age of 18, then after coming of age free privatization will take place.
Who has the right
Free housing privatization extended.Now it is available to everyone who meets certain conditions. The term of the process is not set. At any time, a person can exercise their right.
Who is a participant in privatization? This requires to follow certain rules. Namely:
- To be a citizen of the Russian Federation. Privatization is available only to local residents.
- To live in an apartment on the basis of a social rental agreement.
- To be registered on a permanent basis in the privatized property.
Perhaps that's all. The law "On Privatization" is extremely simple and straightforward. It describes the basics of translating ideas into reality. With these features we will understand further.
Where to go
What authorities provide services for the privatization of municipal housing? Apply with the relevant requests required in certain places. Namely:
- in the MFC;
- to the housing authority;
- to the city administration.
Where exactly to go, everyone decides for himself.But it is worth paying attention to the fact that citizens most often go to housing administrations with applications for privatization. So it is possible to cope with the task much faster.
Terms of service
The timing of the privatization of housing in Russia is not settoo big. The thing is that under a similar concept can mean different periods of time. For example, you can consider only the period of giving an answer to the corresponding statement. In this case, the tenants will have to wait no more than 1 month. So many consider requests for established forms with prepared packages of papers.
Если в целом задуматься над длительностью privatization, it is worth noting that this is a very long process. Sometimes they spend several years on it. This is due to the fact that the operation is accompanied by serious paperwork.
Briefly about the process
How is free housing privatization carried out? To understand this issue, you need to pay attention to many features of the procedure. To begin, consider the procedure briefly.
The housing privatization guide looks like this:
- To form a package of documents. Let's take a closer look at this step later.
- Coordinate privatization with all tenants of the apartment. It is better to start from this stage.
- Fill out the privatization application.
- Submit your request to the registration authority.
- Wait for a response from the city administration.
- Conclude a privatization agreement.
That's all.It would seem that the corresponding task has no features. But in real life, re-registering municipal ownership of oneself is problematic. Especially if many people are registered on the territory of a house or apartment.
Consent of the owners
It is worth remembering that the privatization of official housing by the established rules is prohibited. Carry it legally fail. Therefore, the following discussion focuses on ordinary apartments and houses.
In order to conclude a privatization agreement,citizens must coordinate the procedure with all tenants. The consent of all residents for the operation is required. Otherwise, the objectors will have to issue a waiver at the notary.
What happens after that?As soon as the privatization agreement is concluded, participants will be given shares in the property. Refusers will not be owners of housing, but they will receive the right to live in an apartment. That is, to evict them problematic.
If one of the tenants does not agree withprivatization and at the same time is silent, evading the written refusal, you can forget about the process under study. Under no circumstances the contract of the established form will not be concluded.
Children and property renewal
Privatization of housing is not the easiest process. Especially if the participants are minor children.
Up to 14 years old, every child permanently residing inapartment should get a share in the privatized housing. After 14, children can be removed from the operation. But it is proposed to do this only through the guardianship authorities. There are no other scenarios.
In this case, you will have to:
- Prepare documents for custody.
- Make a request for suspension from privatization.
- Get your hands on the answer from the guardianship authorities.
As soon as the relevant document istenants, you can move on. In general, the preparation of papers for the operation being studied takes not so much time and effort. In particular, thanks to the latest changes in Russia.
Custody documents
A few words about what kind of documentation can be useful for the guardianship authorities when considering a request to remove a child from the privatization of housing. Applicants must attach to the application:
- the passport of the parent;
- passport and child's birth certificate;
- certificates of applicants' registrations;
- documents confirming the property rights to the property of the child.
If the PLO establishes that the removal fromprivatization does not infringe on the rights of minors; they will not be denied the service. The relevant organization will issue the applicants permission in the prescribed form. And after that, the housing administration will conclude a contract without a minor. Ultimately, he will not rely on a share in the property.
Changes in laws
And what papers will be useful for the privatization of housing in general? This issue should be approached with special attention. After all, paperwork causes a lot of trouble to the population.
Due to recent changes, privatizationhousing extended indefinitely. So far, they are not going to prohibit this service. In addition, since 2017, Russia has a law on the privatization of housing ("Real Estate Registration in the Rosreestr"). Now some documents on the property are abolished. They are replaced by one paper - USRN statement. No longer available:
- certificate of property rights;
- cadastral passports;
- technical passports.
Accordingly, such certificates will no longer be required if the state property is reissued into private ownership. But it is necessary to issue an extract of the USRN.
Documents for the transaction
Now you can consider the package of papers for the process being studied in more detail. The exact list of documents for privatization depends on the situation. We will focus on the most common option.
So, to privatize property, you will need:
- passports of all participants in the operation;
- birth certificates of children - participants of the process;
- statement;
- extracts from USRN;
- social housing contracts;
- extracts from the house book;
- certificates that all individuals did not participate in privatization before;
- marriage certificates and divorces;
- denials of tenants from privatization (certified by a notary);
- permission custody of non-participation in the process of minors.
Perhaps this will be enough.Additionally, you will have to submit a certificate of the absence of debts on utilities. After that, the housing administration, as a rule, will take a positive decision regarding the issue being studied.
After submitting the application
Suppose a request is submitted. What's next?
Now it only remains to wait.Within a month, applicants must send a response to the request. If the administration agrees to privatization, participants are invited to conclude an agreement. Otherwise, the service will be denied.
To register a contract, you will only need the passports of all the participants in the process, as well as their personal presence. By proxy, as a rule, such operations are not implemented.
After the conclusion of the contract
What's next? Privatization agreement signed. It's all?
Not. Under the current rules, the privatization of housing or the transfer of property rights to property between citizens should be recorded and registered in the Federal Registration Service.
In fact, the owners simply make adjustments to the existing database of real estate information. Without the appropriate operation can not do.
Registration of the privatization agreement in the State Register includes the following steps:
- Preparation of documentation.
- Applying for registration in Rosreestra.
- Receipt of acceptance of documents.
- Getting an extract from USRN with new data.
Registration of the privatization agreement is carried out for 10 days. Sometimes in Rosreestr they can call earlier, but this happens not too often.
Registry Help
What papers would be useful for registering a privatization agreement? They are not as many as it seems. No problems with the preparation of these should not be.
The thing is that during the first visit to Rosreestr new property owners should bring:
- identity cards;
- privatization contracts;
- statement of property from the company;
This list of all necessary ends. On the basis of the relevant documents, rights will be registered in Rosreestr.
Reasons for refusal
With the privatization of housing in the Russian Federation, we met. And what else is required to know about this operation?
Can they refuse to privatize under the law? Yes, but you need good reasons for this:
- lack of a full package of documents for the implementation of the task;
- applicants are not citizens of the Russian Federation;
- privatization participants do not have a permanent residence permit on the territory of housing being privatized;
- some of the applicants have already participated in free privatization;
- the documents attached to the application are invalid or are fake.
Without grounds, privatization is not denied.In a written response to the petition, citizens must explain the reason for the decision. If you correct the errors, you can again contact the housing administration with a request for the privatization of housing. Denial of operation reserves the right of participants to re-register state property into private ownership.
Conclusion
How many more in Russia will the program on housing privatization operate? Until which year? So far, such a right is offered to all citizens of the Russian Federation indefinitely.
The advice, instructions and recommendations offered to your attention fully reflect the law On Privatization. Therefore, now everyone can easily cope with the task.
If a person has already exercised his right tofree transfer of state ownership into private ownership, re-use this "bonus" does not work. It is not inherited and not renewed. Twice only minors can participate in privatization - before and after 18 years.
Any municipal apartment that is not official property or property of the Armed Forces of the Russian Federation can be reissued to yourself. The main thing is to responsibly treat the task.
After the parties conclude an agreement onprivatization, real estate is fully transferred to the tenants. Usually they are entitled to equal shares in the property. The state will lose all rights to an apartment / house. And the responsibility for the maintenance and taxation of housing will fall on the shoulders of tenants. After that, you can safely write out - ownership will not be lost.
