Is it necessary to re-register documents if housing was privatized before 1998?

We privatized the apartment in 1995. Recently my husband heard that those who registered ownership of the apartment before 1998 must re-register the documents. Is this true? Valentina Sergeevna.

You do not need to re-register documents. As for the “landmark” date, on January 29, 1998, the Law “On State Registration of Rights to Real Estate and Transactions with It” came into force. According to it, the right of ownership of real estate arises from the moment of state registration of this right.

To confirm this procedure, a certificate of state registration of ownership is issued. Since you privatized the apartment before the introduction of the Law, you do not have such a certificate. But! According to Art. 6 of the same Law, if citizens acquired real estate before January 29, 1998, then their rights to such property are also legally valid.

However, keep in mind: if you decide to make a transaction with an apartment, you will need to obtain state registration of your ownership rights. There shouldn't be any difficulties with this. In such cases, ownership is registered simultaneously with the transaction itself (in accordance with Article 6 of the Law). You just need to pay an additional fee of 500 rubles.

What is the best way to own an apartment: in shares or jointly?

Please advise how best to privatize an apartment: into shared ownership or into joint ownership? Sergey Levin.

Keep in mind: only spouses can now privatize an apartment into common joint ownership. But experienced realtors believe that even in this case it is better to register shared ownership.

Firstly, it is more convenient. If spouses decide to divorce, and the apartment is jointly owned, then, as a rule, a dispute arises about the shares and they have to be allocated in court. Do you need extra "showdowns"?..

Secondly, registration in the "dolevka" allows you to save money. In particular, during inheritance. After all, if an apartment is privatized into joint ownership and one of its owners dies, then his share will have to be allocated for inheritance (if there are no disputes, this is done by a notary). Such a procedure will take not only the time required to collect the necessary documents, but also money to pay for the notarial act of allocating a share.

Who will get the property after divorce?

I lived in a council apartment. After the wedding, he registered his beloved wife with him and privatized the apartment for her alone. Now our relationship is deteriorating sharply, I’m afraid it will lead to divorce. What share of the apartment can I then claim? Michael.

I don’t want to upset you, but in the event of a divorce, your wife will remain the only owner of the apartment.

The fact is that the Family Code has a rule (Article 36): property received by either spouse as a result of a gratuitous transaction is his personal property (and, accordingly, is not subject to division). The number of free transactions also includes free privatization.

However, keep in mind: the Law “On the Enactment of the Housing Code of the Russian Federation” contains Art. 19, according to which in the event of a divorce you will retain the right to use the living space. This benefit is provided to all persons who at the time of privatization had an equal right to participate in it together with the current owner of the apartment. That is, they were registered in housing at the time of privatization. True, if the owner decides to sell the apartment, all persons living in it lose the right to use the living space...

What documents should the owner of a privatized apartment have on hand?

1. Certificate of ownership of the apartment. If housing was privatized after January 29, 1998, then the document confirming the title is a certificate of state registration of ownership of the apartment.

2. Agreement on the transfer of ownership of the apartment.

3. Application for participation in privatization.

Many questions are received during the consultation regarding the privatization of an apartment: deadlines, documents, what nuances may lie in wait, as well as the pros and cons of privatization...

In this article we will clarify all these questions and try to answer all your comments.

○Pros and cons of privatization.
○Cost of privatization.
○What are the legal deadlines for privatization? How quickly is everything processed?
○Required documents.
○Privatization: procedure step by step!
○ Video tips.

Housing privatization is a procedure for transferring apartments and other residential premises into the ownership of persons legally residing in them. The right to free privatization has been granted to Russian citizens since 1992 and has been maintained for more than 20 years. This layer of law is quite extensive and is most widely represented on our website.

In fact, privatization is a chain of sequential actions: collecting documents for real estate, sending an application to the relevant department of the executive authority of the subject, concluding an agreement to obtain ownership of housing through privatization and registering the acquired property right with the Rosreestr authorities. However, the scheme seems simple only at first glance.

○ Pros and cons of privatization

○ ADVANTAGES

[Once] The first and main advantage is that such an apartment costs the owners a tiny amount - only the costs of completing all the paperwork. If you were given housing under a social rental agreement and the required period of ownership has passed - feel free to privatize the apartment, without hesitation.

[Two] The legal owner of privatized property has the right to carry out any actions with the living space: sell, donate, bequeath or lease. In contrast to social rented housing, which can only be exchanged and only with the permission of the municipal authorities that provided it.

[Three] homeownership is almost impossible. Theoretically, the state has the right to sell an apartment for utility debts, however, cases of such practice are rare and are caused by excessively gross violations of payments. Other persons who did not have the right to carry it out as established by law also do not have the right to challenge privatization.

[Four] Freedom of action when registering and deregistering residents. The owner, at his discretion, can register the number of people required by law. We have considered in detail the issues of registration, registration and deregistration.

○ FLAWS

[ Once] The key disadvantage of privatization is the constant increase in utility bills. The apartment owner is also required to pay more for repairs to residential premises. Major repairs of a residential building are subsequently added to the cost, while the property does not become the property of all improvements; in fact, they go to the state.

[ Two] Payment of property taxes. The rate depends on the cost of housing and is determined by regional authorities.

[ Three] Impossibility of managing social rented housing in full.

[ Four] At the moment, the privatization of apartments is free, this law was extended by the President of the Russian Federation until 2015 (and most likely will be extended further). It is known that this is the last extension of the free privatization procedure, however, similar statements have already been made more than once and each time the deadline for privatization was extended.

[ Five] The timing of privatization depends on the specific case and, according to established practice, the process takes from 2 months.

○ Some nuances of privatization

The first thing you need to understand before carrying out privatization is to find out whether this procedure is possible for the occupied apartment.

Thus, the apartment must be owned by a municipal entity or federal property, and the basis for its use is a social tenancy agreement. Service housing owned by a legal entity and premises of specialized housing stock will not be subject to acquisition of ownership through privatization.

In addition to the ownership regime of the apartment, its suitability for habitation is also important. According to the law, it will be impossible to privatize an apartment in a building recognized as unsafe and unfit for habitation.

It should be borne in mind that the privatization procedure requires a significant amount of time. As a rule, a considerable period of time will be needed to collect technical documentation for the apartment, draw up a technical plan and other documents.

There is one more important nuance: privatization must be carried out in strict accordance with the procedure established by law, with the content of reliable information in all documents provided.

Any inaccurate information or procedural violation during the procedure will allow the municipality or other public authority challenge privatization, terminate and invalidate the contract and obtain a court decision to evict the persons participating in the privatization.

○ Terms of privatization according to the law, how quickly is everything processed?

Free privatization at the initiative of deputies of the Russian parliament has been extended until March 1, 2015. Accordingly, documents for obtaining ownership of an apartment through privatization will be accepted in the relevant departments of the municipality until February 28, 2015.

The question of a subsequent extension of free privatization was repeatedly raised. Thus, it is possible that the above date will not be the deadline.

As for the duration of the procedure itself, the average duration of registration, consideration and issuance of all documents, including registration of property rights with the Rosreestr authorities is 2 months.

When collecting documents, it is also worth considering that some papers have their own validity period:

• Extract from the Unified State Register for the property – no more 30 days.
• Certificate of personal account status (for payment of housing and utility bills) – no more 30 days.
• Extract from the house register – no more 14 days.

After the expiration date of the above documents, you must issue them again. Presentation of an expired document may result in refusal to carry out privatization.

○ Required documents

A complete list of documents required for registering ownership of an apartment through privatization is established by the relevant executive authority of the region or municipality entrusted with these powers.

The standard package consists of the following documents:

1. Consent (power of attorney) or refusal of persons living in the apartment to participate in the privatization procedure. executed in writing and subject to notarization. It is also possible to renounce a share in the right to a privatized apartment in favor of any family member.

2. Permission for privatization of guardianship and trusteeship authorities - necessary if minor children are registered in the apartment. In addition, children over 14 years of age can also consent or refuse to participate in privatization. Many Before carrying out the procedure, however, this should not be done - if the child was discharged from the apartment less than six months before submitting documents for privatization, it will be refused.

3. Originals of personal documents of persons living in the apartment: passports, birth certificates, marriage or divorce certificates, and for deceased family members - death certificates;

4. Social tenancy agreement – ​​a document confirming the right to use an apartment subject to privatization. If such an agreement has not been concluded, you must contact the department for municipal property affairs, having a warrant in hand;

5. An extract from the personal account - a document confirming the presence or absence of debt on housing and utility bills. An extract can be obtained from the management or other housing maintenance company.

6. Extract from the house register. You must obtain such a document from the Federal Migration Service office or the passport office of the service organization.

7. A document confirming the fact that the persons participating in privatization have not used such a right before. Such a certificate is issued by the BTI (until 2000) and the Rosreestr authorities (since 2001), depending on the date of registration in the privatized apartment.

8. Technical passport of the apartment. If there is no such document, then it should be submitted to the BTI. A new passport must also be obtained if redevelopment or refurbishment of the apartment was carried out and such a document with the changes made was not issued, or the redevelopment was not approved (we described redevelopment in more detail in our article: ). Among other things, if unapproved redevelopment is carried out, the responsible tenant may be fined.

9. A document confirming that the apartment has not previously been privatized. In this case, you may need an extract from the Unified State Register in relation to the property.

10. Application for privatization is a document of a standard form, usually drawn up on the letterhead of the public authority entrusted with the authority to carry out privatization.

○ Privatization: procedure step by step!

Theory is good, of course, but we decided to describe step by step what you need to do to privatize your living space.

The privatization procedure itself is a chain of the following sequential actions:

○ Step 1

Collection of all documents necessary for privatization. It is recommended to start with a technical plan or explication. As a rule, such documents are processed by the BTI in about one month. Then you should proceed to obtain a certificate stating that the apartment has not been previously privatized and an extract from their Unified State Register.

○ Step 2

Contacting the executive body of public authority (municipality) to write an application for participation in privatization. All persons involved in privatization must appear to write an application. At the same stage, notarized documents (if any) must be provided. Along with the application, you will also need all the documents listed above;

○ Step 3

Concluding an agreement for the transfer of an apartment through privatization. This document is usually prepared by municipal specialists within 10-14 days. Such a document, duly signed and executed, will be the basis for registering ownership.

○ Step 4

Registration of property rights with the Rosreestr authorities and obtaining a certificate of ownership.

○ Cost of privatization

It is clear that privatization is relatively free. Regarding the cost of the housing itself... In general, the cost of privatization consists of the amount of state duties paid during the preparation of all documents. Approximate cost is:

• 500 rubles – registration of refusal to participate in privatization with a notary;
• 500 rubles – state duty for registration of common property rights with the Rosreestr authorities;
• 984 rubles – the cost of preparing a technical passport;
• from 2000 – fine for illegal redevelopment;
• about 100-200 rubles per person (the price is set by each region independently) - the cost of a certificate of non-participation in privatization;
• 500 rubles – the cost of an extract from the Unified State Register for the property.

Total - about 3-5 thousand rubles.

You see, privatizing an apartment is not such a complicated and expensive procedure. At the same time, in order to carry it out correctly, and in order to avoid lawsuits and claims in the future, all the subtleties and nuances described above must be observed, as well as the sequence of actions established by law.

○VIDEO: The leading lawyer of the Legal Expert company, Mikhail Skigin, talks in an accessible form about the privatization process and the problems that you may encounter.

If you have questions, be sure to use or comment.

If housing is privatized but not registered as ownership, the citizen is not recognized as the legal owner of the property. It is important that rights to an apartment that arose before January 31, 1998 have full legal force without registration. Mandatory state certification of the powers of the owner of such real estate is carried out at his personal request (Article 69 of the Federal Law of July 13, 2015 No. 218-FZ). Example Citizen R purchased an apartment in April 1997, in October 2000 he decided to sell his home, having collected the necessary documents, he and the buyer went to the local branch of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The transfer of ownership was refused due to the fact that the privatization agreement did not have a stamp confirming the registration of the document. Moreover, in accordance with Art.

Registration of ownership of a privatized apartment

The validity period of this paper is limited, so it is better to take it at the last moment.

• Documented consent of the spouses (if the marriage is official).
• Certificates of absence of debt on utility bills. If the apartment is subordinate to the HOA or management company, then you need to contact them. In a situation where the property does not belong to any of the forms of management, certificates are obtained from each utility service separately.
• Paid receipt for state duty. The receipt itself can be issued by the registration authority, where the amount calculated based on the base document is determined.
• Passport or other document.
All documents must be submitted in original.
Several copies must be made for each (their number can be indicated by the registration authority).

How to register a privatized apartment

For this purpose, a special power of attorney is issued, under which only a limited number of actions can be performed. Applications for the acquisition of ownership of a privatized apartment are already written on the spot. As a rule, formatted forms are used for this.

In some structures, the staff types the application on a computer and immediately prints it out. After checking and accepting the documents, the applicant is issued a receipt. Registration of ownership of a denationalized apartment takes no more than 30 calendar days.

At the end of this process, applicants are invited to the office, where they are given certificates of the established form. In some cases, the applicant may be denied registration of title. As a rule, the reason for such actions by employees is an incomplete list of documents, their incorrect spelling or expiration of their validity period.

Registration of apartment ownership

After the privatization of an apartment, the question often arises - how to register a privatized apartment and what documents are needed for this? Registration of a privatized apartment can take up to three months, due to the fact that registration with the BTI takes place on a first-come, first-served basis. But you can pay for urgent registration at the BTI and then everything will be processed in just a few days. Other documents can be obtained much faster.

Important

So, you will need to apply to the BTI to obtain a passport. Next, a BTI employee will inspect the apartment and, based on the inspection at the BTI, you will be issued a technical passport. You must immediately obtain an extract from your passport from the BTI, as well as a certified copy of the cadastral plan.

The next step is to contact the Housing Policy Department with an application to transfer the apartment into your ownership.

How to register ownership of a privatized apartment?

• What information does the residential privatization agreement contain?
• Documents required for registration of rights under a privatization agreement
• Procedure and terms for registration of property rights in the manner of privatization
Residential premises (apartment, room, etc.), transferred into the ownership of citizens through privatization, are formalized by a transfer agreement. To confirm the rights to the acquired real estate, the transfer agreement, like any other purchase and sale agreement, is subject to state registration. In this article we will consider what information in such an agreement is mandatory, as well as the necessary package of documents for the purposes of state registration of citizens' rights to privatized residential premises.


As mentioned above, the basis for registering property rights is a contract for the transfer of real estate (apartments, rooms).

“subsidies mortgage agency of Ugra payments 2012”

For those who have not reached the age of majority, the fee is paid by parents, trustees or guardians. The amount of the contribution to be paid by each person is determined as follows: 2000 × 1/4 = 500 rubles. State duty can be paid either in cash or in non-cash form.

Attention

In the latter case, the fact of payment is confirmed by a payment order with a corresponding note from the bank on its execution (clause 3 of Article 333.18 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service dated September 19, 2016 No. 3329/03-16-3). It is important that the state fee is always paid before sending documents for official registration, since without confirmation of the fact of payment of the fee, registration will not take place. Conclusion State registration of privatized property is a legal process on the basis of which the rights of citizens to a property are recognized and confirmed.

Certificate of ownership A citizen who has received a Certificate of state registration of ownership of residential premises is its legal owner. At the same time, he gets the opportunity to dispose of real estate at his own discretion. This document allows the owner to make transactions of purchase and sale, exchange, donation and bequest, leasing of his property.

With its help, the legal owner of the apartment receives protection from illegal actions of fraudsters and recognition of ownership of the apartment. Apartment – ​​joint ownership One residential premises may have not one, but several owners. The legislation of the Russian Federation determines that any real estate can be in shared or joint ownership.

The second type presupposes legal ownership and the ability to dispose of the common living space by all owners.

Registration and registration of ownership of an apartment

What documents need to be collected? To find out where and how to register ownership of a privatized apartment, you need to communicate with representatives of the municipality at the stage of drawing up the relevant agreement. A competent specialist will tell you where to go to get the necessary paper. In addition, he will pay attention to the nuances and pitfalls that may occur during the procedure.

You should not delay this procedure until later. Over time, some important papers may get lost, torn, or become invalid due to their short expiration date. Before registering ownership of a privatized apartment, you will have to spend a lot of time, money and effort searching for and restoring them. As a rule, the contents of the package of documents that need to be submitted to the Registration Chamber are the same, regardless of the region of the country.

Documents for registering ownership of a privatized apartment

This organization must issue a document on the transfer of ownership of housing with the signature of the head of the Department and with a “wet” seal. Next, an application is submitted to the Office of the Federal Registration Center from everyone who participated in the privatization of this housing to register property rights. If someone cannot be personally present when submitting an application, then a notarized power of attorney for any person from the list of those participating in the privatization is required. You will also need to pay a state fee for the service of registering privatized housing. After submitting all documents within thirty days, everyone participating in the privatization will be issued a certificate of ownership (common share). How to register a privatized apartment: list of required documents.

Registration of privatized apartment ownership documents

State registration of the transfer of ownership is carried out within no more than 10 working days from the date of receipt of the package of documents. Documents for registering ownership of a privatized apartment State registration of ownership on the basis of a privatization agreement is carried out by collecting the following package of documents:

• Statement of the established form from one or more owners.
• Documents establishing ownership of residential premises (in this case, a privatization agreement).
• Cadastral passport, which can be obtained from the Bureau of Technical Inventory (BTI).
• Extracts from the house register and personal account.

The state duty is paid by an individual in the amount of 2 thousand rubles. (Clause 22, Clause 1, Article 333.33 of the Tax Code of the Russian Federation). If the right is registered in relation to several citizens, the specified amount of the state duty is divided by the number of citizens in equal shares, with the exception of citizens exempt from paying the state duty; - agreement for the transfer of the apartment in at least two copies in accordance with clause 5 of Art. 18 of the Law on Registration of Rights; - cadastral passport of the apartment, if the apartment is not registered in the cadastral register, in accordance with clause 10 of Art. 33 of the Law on Registration of Rights; - permission from the guardianship and trusteeship authorities in cases provided for in Art. 2 of the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” (hereinafter referred to as the Law on Privatization); — an identity document or a notarized power of attorney for the citizen’s representative.

Registration of housing ownership documents

The process of state registration of property rights is the final and mandatory stage of privatization. This legal procedure formalizes the transfer of ownership of residential premises from municipal and state authorities to citizens of the Russian Federation. Privatization participants have the opportunity to register an apartment for one or several persons, that is, for shared use. In order to register ownership of a property you must:

1. maintain a certain order;
2. collect a package of documents;
3. pay the state fee.

After which the registrar, after checking the information provided, will be able to make a decision on consent or refusal to register the transfer of ownership.

In order for privatization to be registered, it is necessary to follow the procedure, provide a full package of documents, and pay a state fee.

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A Rosreestr specialist will check all the documentation provided, after which a decision will be made on whether it is possible to register property rights.

Obtaining ownership of real estate

Registration of property rights can be carried out in 2 ways:

• on one's own;
• with the help of lawyers.

If you choose the option of self-registration of the procedure, you can highlight the following features:

• no need to spend additional money on paying hired specialists;
• a very big waste of time - you need to contact different authorities and stand in queues for a long time to get all the necessary certificates.

But some of the required documents can be obtained using electronic provision of services.

When choosing the second option, the following features can be noted:

• All paperwork is handled by a law firm;
• It is necessary to be present only at the final signing of documents;
• all certificates will be properly completed.

But at the same time, the cost of lawyers’ work is quite high. This option is convenient for those who cannot spend a lot of time completing the required papers.

What laws govern?

The procedure for privatization.

• original social tenancy agreement;
• act of acceptance and transfer of real estate to the new owner;
• cadastral passport, must be issued at the technical inventory bureau;
• technical passport (processing may take 2 weeks);
• certificate from the place of residence indicating all registered persons;
• birth certificates for all minors.

It should be noted that in cases where privatization is carried out with the participation of children, their consent may be required. But only if the child is between 14 and 18 years old. The application for privatization must be completed by the child himself.

If the minor is under 14 years old, then only the consent of his parents is required. The personal presence of the child in this case is not necessary.

After collecting all the papers, you need to pay a state fee. During the settlement process with the cashier, it is important to indicate the purpose of the payment and identification details.

The payment receipt must also be attached to the documentation submitted to Rosreestr.

Submitting an application

Filing an application to register ownership is the final part of privatization.

A prerequisite is that all future owners (registered citizens) must be present.

If one of the owners cannot come himself, then he can transfer his rights using a power of attorney to one of the participants in the transaction.

The application is written on the spot; a special form is provided for this. The submitted documents are checked by a specialist and then issued a receipt.

Conclusion of an agreement

Must be completed within 2 months from the date of approval of the application for privatization. The document must be prepared in writing.

The parties to the transaction are considered to be an individual and the local administration.

The contract should include the following key points:

• the rights and obligations of each party;
• information about the parties to the agreement;
• number, signatures;
• what object is being privatized (address, number of floors, area);
• which parts belong to each of the owners.

The agreement must contain the signatures of each owner.

Deadlines

In 2019, they remained the same – 30 calendar days.

As soon as the process comes to an end, the owners will be invited to Rosreestr (or MFC) to subsequently receive a certificate of ownership, in accordance with the model established by law.

Price

Not installed. This means there is no cost per square meter.

But payment for the issuance of some certificates and documents is necessary. The cost is determined depending on the type of document required.

But as soon as citizens receive ownership of an apartment, the object is subject to taxation.

The exact amount of tax is determined depending on the cadastral value of the property. The region and rate influence the prices. It is worth considering that, according to Article 407 of the Tax Code of the Russian Federation, some citizens have the right to benefits

Payment of state duty

According to Federal Law No. 221 and , the cost of paying the state fee for issuing a certificate of ownership is 2,000 rubles for individuals and 22,000 for legal entities.

Grounds for refusal

Sometimes it happens that the registration authority does not approve the application. In some cases, they have every right to do so.

The following situations may serve as grounds for refusal:

• the applicant provides only part of the required documents;
• the desired privatization object cannot be transferred into ownership by anyone, for example, if the house is assigned;
• the applicant is not a citizen of the Russian Federation;
• the provision of the required documentation is carried out by the wrong citizen (not registered in the apartment and without a power of attorney);
• There is no information about the object in Rosreestr.

In other situations, the service is obliged to issue a certificate of ownership.

Getting housing is one of the main goals of every family. Privatization is often carried out for this purpose. However, after this procedure, you usually need to secure your rights to housing. Below you will find information on how to register a privatized apartment as your property without any problems.

About privatization

Housing privatization is a voluntary, free transfer of state-owned apartments into the ownership of the citizens who live in them.

After privatization of housing, the participant becomes its owner. The former owner, represented by a government agency, ceases to have this right, due to the fact that it passes into private hands.

However, along with the opportunity to own property, a citizen also has responsibilities regarding its maintenance.

Changes that have occurred to housing must be supported by documents so that the right is secured legally.

For this purpose, certificates are issued to prove the authority of the owner.

Who will be the owner?

In the field of privatization, housing is owned by the person for whom the contract was drawn up through the administrative authorities.

When privatizing housing for one person, this one person is the owner by law. He receives responsibilities for the maintenance of housing, its preservation and payment of all expenses for improvement and repairs.

In this case, the owner can dispose of the privatized apartment according to his wishes (sell, inherit, donate, bequeath, etc.).

When privatizing for two people, these owners own the housing in equal shares. These persons will have equal rights and responsibilities. Their property in this case is shared.

It is also required to obtain consent for privatization from minor children, after which they can be made co-owners.

Note: In the case when privatization is carried out for three people, each of the shareholders receives equal rights. By law, everyone receives the status of owner of a share of real estate.

The situation also occurs when more than 3 people live in an apartment.

It happens that several people are registered in an apartment, but some of them refused to participate in privatization. In this situation, they will not become home owners.

Who owns housing if it is not privatized?

The following can own a non-privatized apartment:

• municipality;
• government agencies;
• institution such as an institute, factory, etc.

The people living in the apartment are not the direct owners in this case. If they want to make changes or alienation to housing, they must coordinate their activities with the legal owner.

In most cases, non-privatized apartments are provided under social rent or another agreement.

Is privatization of housing required when it is owned?

If you buy an apartment, receive it by inheritance and get it to the owner in any other way, with the exception of transfer from the state, no additional actions will be required.

It is already the personal property of the person who acquired it.

What to do to register privatized housing?

It is important to understand that the issuance of a privatization agreement does not yet give you ownership of the apartment. You need to get it.

This procedure will require collecting the required documents. They need to be taken to the BTI department, and an employee must be called to issue a CP. This procedure at BTI takes approximately three months, but if necessary, it can be done in one business day by paying an urgent tariff.

When all the technical documents are completed, you should take an extract from the CP and a copy of the cadastral plan.

Then, all family members who are involved in privatization should write an application for registration of property rights at the Office of the Federal Registration Center.

If it is not possible for one of the family members to be present in the management, a notarized power of attorney must be issued on his behalf.

You will also need to pay a state fee for registration.

After registering an apartment, its residents will receive a certificate of common ownership.

Preparing documents

To draw up a privatization agreement, you should prepare the following papers:

1. Passports or birth certificates (for minors) of all family members who are involved in the transaction.
2. Social tenancy agreement.
3. Statement.
4. Technical data sheet.
5. Extracts from the house register.
6. A certificate confirming the fact that residents do not have their own housing.
7. A certificate excluding the fact that a person previously took part in privatization processes.

To obtain rights to an apartment after privatization, its registration is required. When housing is privatized, but in the absence of its registration, the residents will not be recognized as the legal owners.

It is noteworthy that the rights to an apartment received before the end of 1998 have full legal force even without registration.

You can submit documents for registration at the registration chamber, the MFC, the Internet portal “Gosuslugi” or a branch of Rosreestr.

To do this, you will need to provide the following documents:

• registration applications;
• applicant's passport;
• privatization agreements;
• technical passports from BTI;
• certificates about everyone registered in the apartment;
• a receipt confirming payment of the state duty.

How much time and money will be spent?

You can wait different times for the result after submitting an application for registration of rights. This mainly depends on where the application was made. Registration occurs faster through the MFC and the Registration Chamber (no more than 14 days). If you used the State Services portal, you will have to wait 16-17 days. But there are times when you need to wait less, depending on how long the line is and how busy the employees are.

The state duty paid for these services is 2000 rubles. Only the payment shown is required. No other taxes are provided. However, some additional costs may apply. For example, if the applicant wished to use the services of the MFC or hired a representative by providing him with a power of attorney.

Upon completion of registration, the applicant receives a certificate of registration of rights containing the basic requirements about housing and the owner.

It is this certificate that will be necessary when conducting various housing transactions.

Refusal of registration

There are cases of refusal to issue a certificate. Usually it is motivated by the fact that an incomplete package of documents was provided, or they were selected incorrectly. In addition, the documents may be expired.

After correcting problems with documents, you can submit them again.

The refusal is made in writing and must be confirmed by the signatures of the responsible persons so that the applicant is familiarized with its reasons. There should be no unreasonable refusal.

Design features

After submitting documents to the relevant organization, the applicant must obtain a receipt from its employee confirming their acceptance. If an employee fails to provide such a document, you need to remind him of this.

This way you will protect yourself from problems by proving the employee’s responsibility for the accepted papers and will have the opportunity to prove the date of receipt of the application.

The receipt cannot be lost. It will need to be exchanged for a completed certificate of entitlement.

It is issued upon completion of registration and receipt of a contract from the housing department of the administration.

Denationalization can also be carried out in court if any controversial issues arise. In such a situation, the certificate will be issued not by agreement, but by court decision.

Shared ownership

As noted above, an apartment can be privatized not only for one tenant, but also for several. In this case, common ownership of the property is considered shared ownership. To privatize real estate for several family members you will need:

1. Obtain the consent of each owner to carry out this procedure.
2. Unanimous decision on privatization.
3. If one or more residents refuse to participate in the transaction, they must prepare a written refusal in favor of the other owners, which will be notarized. Consent cannot be obtained by force through judicial proceedings.
4. When minors or disabled children live in the object of the transaction, consent will be required from the guardianship and trusteeship authorities.

If housing is privatized by a husband and wife, its area is distributed in shares, since this apartment was not jointly acquired and will not be joint property.

A separate share of an apartment cannot be privatized.

Conclusion

Thus, when registering housing after privatization, the rights of residents to own it are recognized and confirmed. To prove ownership of a given home, official registration is required.

To implement it, you need to collect a package of documents, pay a state fee and transfer all the papers to Rosreestr or the MFC. Employees of these authorities will check all the data and make a decision on permission or refusal to obtain housing rights.

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