Privatization of the house: rights, order, documents

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The beginning of the process of privatization of houses, apartments (i.e. housing stock) in our country took place in 1991. It was then that a significant event took place - the release of the first law containing the regulations for the legal process of denationalization of property. Over the following years, there have been significant changes in the conditions of privatization and the legislative framework, but the purpose and meaning of the procedure remained unchanged - the transfer of ownership to individuals (citizens) of housing, which they previously occupied on a social lease.

Which law governs the procedure?

The Federal Law "On the privatization of the housing stock in the Russian Federation", issued on December 29, 2004, is the current legal act that deals with this issue. The original time frame limiting the denationalization procedure has been repeatedly changed. Previously, March 1, 2015 was the last date after which free privatization was not possible. In practice, it turned out that a huge number of Russians could not or did not have time to arrange housing inown. In connection with the latter circumstance, the State Duma deputies postponed the deadline to March 1, 2017. But this did not become the limit. This period is constantly being extended. Those who have not yet had time to draw up documents for the privatization of a house may not worry - there is still an opportunity.

What is the status of your property?

As you know, private households differ in their status. Your house can be residential, country, belong to the number of households with land or houses without a plot. For each of these statuses, the procedure for privatizing a house into ownership is distinguished by its own nuances. If one is required in conjunction with a residence permit, it must have residential status, and the requirements for it are of a special nature.

As part of the house must have living rooms and premises for domestic purposes. The structural elements that make it up must be serviceable and in no case pose a danger to residents. Available engineering systems must meet the required level of comfort. If the house is located in a rural area and at the same time does not have amenities, a latrine is necessarily arranged on the street.

Privatization conditions

The most important of the conditions under which the process of privatization of a private house can be started is that this housing is used by people for living. Of course, this is only a general position. Buildings subject to privatization are subject to much more detailed specifications.

A residential building is a house that is suitable for year-roundresidence. If conditions are available only for summer holidays, such housing can be privatized only as a summer residence. In this case, it should be understood that, having issued a house in the status of a summer residence, the owner loses the opportunity to register on this living space, as well as receive benefits and other benefits provided by law.

Thus, thinking about the privatization of housing, start by deciding on the most important thing - its status. Then it will become clear what documents are needed to privatize the house.

What gives privatization

To solve this problem of national importance - to nationalize the housing stock in the Russian Federation - means to give everyone a chance to acquire residential property with the ability to dispose of their land and available square meters at their own discretion. In addition, the most important plus of privatization is that housing can be inherited by descendants.

Own house at all times served as a symbol of family well-being and confidence in the future. That is why you should know the basic information about the procedure for such a procedure as privatizing a house.

When it comes to a private home, there are a certain number of features available. The law clearly regulates only a certain set of general grounds and basic conditions on which homeownership is registered. In fact, there are still a huge number of different legal nuances. That is why it makes sense to use the help of specialists - re altors and lawyers. Of course, they will have to pay for their services. But atthis will save you time and be sure that everything is done within the law.

If you decide to conduct the process yourself, you should clearly understand the procedure for registering the transfer of housing into ownership - where exactly you have to apply, what documents for privatizing the house and in what quantity are to be collected and for what period of time one or other help.

Thinking about the privatization of a private house, plan to collect a package of documents relating to everyone who currently lives in it. This process is quite lengthy. If we are talking about the privatization of a country house, the use of which is planned only in the summer, everything is much simpler. The procedure includes the execution of an application with the provision of passports of all those who are among the participants in the process. In the future, they will become the owners of the mentioned building.

You will definitely need a cadastral plan for the existing site, and you should apply to the BTI for registration for the construction of a cadastral passport. In addition, you will need to pay a state fee and attach a receipt to this effect to the collected package of documents.

Home in the countryside

If your house is located in a rural area, then the privatization of such housing is a rather troublesome task. The matter is that most often in that case simultaneous privatization of the house and the earth is made. The latter, in turn, has a certain category, status and boundaries.

If you plan to privatize only one house, without land, then the processsimilar to the privatization of a house in the city. The procedure will be as follows: you collect all the necessary documents, write an application to the municipal authority, then you receive either a decision allowing you to privatize, or a refusal to do so. The reason for the latter may be the non-compliance of documents with regulatory documents or the inability to privatize the object as such.

Starting the privatization of the house, what documents should be sent to the municipal authority? Their composition is quite standard. The list consists of a cadastral passport with the required number of copies, a document giving the right to the said premises (in the form of a lease agreement, warrant, etc.), an extract from the house register, personal accounts, as well as a certificate of participation in privatization for the first time. In addition, you need to stock up on the consent (required in writing) of other tenants with privatization. Alternatively, one of them may refuse to participate in the procedure with the transfer of this right to another. And, of course, you have to write an application according to the existing sample.

Decorating a house with land

If you plan to privatize a house along with the land on which it is located, you will need additional documents regarding this very land. Their composition depends on its category. What does this mean in practice? To the entire package of papers listed above, you have to add a few more.

In this case, we are talking about a document confirming your right to the said land plot, land management, a land surveying act, a cadastral plan and a project for limiting the site.

Share privatization

If part of a residential building is privatized, the consent of all who will be declared among the owners cannot be dispensed with. Everyone is supposed to allocate their share with documentary registration. Alas, it is impossible to privatize a part of a residential building on a sole basis - this action is not allowed by law.

The only exception is the allocation of this very part as an independent object with official confirmation from the BTI. In this case, these square meters are subject to privatization. An example of such a solution is the privatization of one or more rooms.

Many are interested in the question of whether it is possible to privatize a private house to be demolished. According to the law, even in the case when the house is approved by the commission in this status (to be demolished), the one who lives in it has the full right to privatize it. That is, the status of housing in this respect has no fundamental differences.

Pros and cons of privatization

The main advantages are considered to be more opportunities for owners compared to tenants. You can donate, sell, rent or transfer your home to your heirs. The owner cannot be evicted from his house "to nowhere." If demolition is necessary, the state is obliged to compensate him for the cost of housing or provide an equivalent one.

A loan can be obtained against the security of existing housing. You can register relatives in it, and not only them. Privatized housing is allowed to be modernized andrebuild to your own taste.

And the disadvantages? The main disadvantage is the need to pay an annual property tax, as well as the ever-increasing costs of housing maintenance. After all, the owner has to be responsible for all communications himself. In the event of his death, in the absence of a will, not only those who are registered in the house, but also any heirs can argue for the right to inherit.

Who owns the rights to privatize the house?

Everyone who is registered in the house and occupies it according to the social lease agreement, including minor children, has this right. A prerequisite for everyone is citizenship of the Russian Federation.

Moreover, the temporarily absent have the right to privatize housing - military personnel, students studying in other cities, convicted or who have served long-term treatment.

Procedure for privatizing a house

For the correct conduct of the privatization procedure at home, you should be familiar with the procedure. So, let's move on to a short step-by-step instruction.

The actions of the person who started the privatization of the house are as follows:

1. Apply to the housing department.

2. Visit the BTI to obtain a cadastral passport and a cadastral plan.

3. Issue a certificate confirming primary participation in the privatization process.

4. Get an extract from the house register and personal account.

5. Take all the collected documents to the housing department and receive in response two copies of the decision on the transfer of the house to the property.

6. Apply toFederal Register Service with the application of the mentioned package of documents.

7. After about 30 days, get a certificate of ownership there.

Consent of Residents

Privatization of a house is possible only if everyone who lives in it agrees to it. As protectors of the interests of children, their parents or guardianship councils, endowed with the right to act on behalf of the minor, act. Citizens who are already participating in privatization are not required to issue a refusal. In this case, they will only be asked for a document stating that they are taking part in the privatization of foreign housing.

What documents will participants need? Of course, first of all, these are passports or other identification papers, then - a certificate drawn up in the form number 3, confirming the fact that this person has not previously participated in privatization.

Next - a set of documents from the BTI, including a registration certificate. It has already been mentioned above about the need to fill out an application to the housing department, in which the signatures of each of the residents must be affixed.

Stages of privatization

Recall again the order of this procedure. It begins with the relevant resolution, then the real estate privatization agreement is subject to certification. After that - state registration. In addition, the ownership of said housing is registered.

The law does not regulate the time interval between the receipt of the contract and the moment of its mandatory registration. But inin the interests of the owner not to delay this process too much. The contract must be certified by a notary. All documents must be addressed to him within 12 months after the adoption of the conclusion on privatization.

If a claim is required

Sometimes it becomes necessary to invalidate a house privatization transaction. In this case, any of the owners has the right to apply to the judicial authorities with a claim. The transaction may be considered null or void. In the first case, it is not forbidden to delay the filing of such a whole 10 years, starting from the date of privatization.

In the case of a controversial transaction, the period is only 12 months. The initiator of the claim may be the administration or guardianship authorities.

Issue price

According to the law, this procedure (privatization) in our country does not require any payment, that is, it is done free of charge. At the same time, as you know, the collection of documents is always accompanied by certain costs (state duty, ordering a registration certificate from the BTI, etc.). If you resort to the help of intermediaries, the costs will increase significantly.

More costs will have to be incurred if litigation is necessary. This is possible, for example, if necessary, legalize any extensions. Therefore, it is not possible to answer specifically the question about the cost of the privatization procedure - each time the amount will be its own.

About land privatization

It should be understood that the house itself and the land thatadjacent to it and used by residents, belong to two different privatization objects. If you want to take ownership of each of them, it is better to do it at the same time. The legislation does not prohibit doing this separately - it's just more profitable for the owner.

If, having privatized the house, the owner refuses to register the ownership of the land, he will not be able to donate or sell this property.

Is it possible to refuse privatization

Each of the future owners has the full right to refuse to participate in this procedure. According to the law, in such a case, his share is issued to other tenants. In addition, there is the possibility of refusal in favor of a certain person. In any case, this action must be notarized without fail.

If one of the family members refuses in favor of the rest, he retains the right to use housing after it becomes the property on an indefinite basis.