How to privatize an apartment: tips
Anyone who has not yet managed to register an apartment in ownership can do this until March 2017. Our consultant lawyer Viktoria Tsarihina-Fesenko tells what is the procedure for privatization, who benefits from it, and who does not.
February 2 2017
The program was extended several times, during which time 80% of apartments were privatized. However, many did not carry out the procedure for various reasons – they did not want to, did not have time. Or perhaps square meters simply cannot be privatized. Recall that according to the program, it is impossible to issue ownership of a room in a hostel, an emergency apartment, square meters in military camps for free. You cannot privatize real estate that you previously deprivatized, that is, you have already transferred to the state. In this regard, you need to think carefully about what is better in your case – your own apartment or living under a social contract. Let’s consider several situations.
You have heirs who are not registered in the apartment. For a number of reasons, you do not want to register them on your living space. If you occupy an apartment under a social tenancy agreement, you will not be able to inherit it, but your own (privatized) real estate can be donated and bequeathed. In other words, in this case, privatization is preferable.
Your income is unstable, from time to time there are problems with paying for utility bills. It is possible to evict the owner from the apartment only through the court and only if the amount of debt equals the cost of housing. But if a defaulter occupies a non-privatized apartment, he can be relocated to a smaller living space. It turns out that in this case, privatization is beneficial.
You are planning to purchase a new apartment. You can sell your own housing and buy a new one, but the municipal area is only allowed to change. But it will be difficult to find an option, because there are few non-privatized apartments left.
Do you want to make redevelopment or rent out an apartment. Or maybe you are going to take out a loan secured by real estate. All this is possible only if the apartment is privatized.
Your income is small, you have to save on everything. It is better not to do privatization, since the owners still have to pay property tax, now it is quite high and will continue to grow, since when calculating it, the cost is taken as a basis close to the market value.
The building can be demolished, the apartment is small, and the family is large. In this situation, when the residents of non-privatized apartments are resettled, they will be provided with a number of square meters corresponding to the current sanitary standards. Since there are many tenants, the apartment will turn out to be large. The owners will be offered an apartment of the same size as before. And the number of prescribed roles will not play. In such a situation, municipal housing is preferable.
The house needs a major overhaul. If the apartment is municipal, the work falls on the shoulders of public utilities. The owners themselves must solve the problem. After privatization, the costs of maintaining, maintaining and repairing the building and premises are the concern of the residents.
1. Get the consent of all people registered in the living space to participate in the privatization process.
2. Prepare a package of documents. You will need tenants’ passports, a social tenancy agreement, a technical and cadastral passport of real estate, an extract from the house book on the absence of arrears in payment for housing and communal services. If the place of registration of tenants has changed since 1991, you will also need a certificate stating that the right to privatization was not used at the previous place of registration.
3. Apply for privatization to any convenient center of public services “My Documents”. The address can be found on the website www. pgu.mos.ru. The application is made by all family members, adults and minors (over 14 years old).
4. After 45 working days, you will receive a transfer agreement with a note on the state registration of the transfer of ownership of the privatized premises. The decision to refuse privatization (this also happens) is issued either in person at the “My Documents” department or sent by mail.
For those who privatized an apartment, but then changed their minds, there is a chance to return everything back. Housing can be returned to the state. For deprivatization it is necessary:
1. Obtain permission for alienation from the guardianship and guardianship authorities if a minor owner or a disabled person lives in the apartment.
2. Pay off all debts, the collateral for which is the apartment.
3. Obtain a certificate stating that the area is the only place of residence for those who previously privatized it.
4. Provide documents of title (transfer agreement, certificate of ownership).