Unlimited and free: The State Duma has canceled the deadline for housing privatization. Free privatization: how much is left? How will privatization take place after March 1?
On Wednesday, February 8, the State Duma of the Russian Federation extended the free privatization of housing for an indefinite period. It was previously reported that after March 1, 2017, only orphans, people living in dilapidated and dilapidated housing, as well as residents of Crimea will be able to register ownership of an apartment.
We answer questions about privatization and its extension.
What is housing privatization anyway?
There were practically no private apartments in the Soviet Union. All of them were considered state-owned - they could not be legally sold, only exchanged. Sometimes the same rule applied to individual houses.
Since 1991, Russia has had a law that allows citizens living in municipal or state housing to transfer it to private ownership. The process of this transfer is called privatization.
Can any state or municipal housing be privatized?
No. You cannot register emergency and service housing as your property. For example, you cannot privatize apartments in military camps. But a room in a dorm can be privatized, provided that the building is in municipal ownership and is not used for its intended purpose: it does not perform the function of providing temporary housing.
Will I have any obligations if I privatize an apartment?
Yes. You will need to pay property tax for this apartment, as well as make monthly contributions for major repairs and pay for “utilities” for common property.
Why then is privatization necessary?
Let's give an example: when you drive a taxi or car sharing car, you do not need to refuel this car, wash it and monitor its technical condition. But it's not your car—you can't give the keys to it to your friend or relative or sell it. Another person will ride it after you.
If you buy a car, then it is your property, which must be looked after, repaired and refueled, but you can sell it, donate it or bequeath it at any time.
It’s the same with an apartment: if you live under a social tenancy agreement, then you can say that you are renting an apartment from the city or the state. You have no rights to it and it does not belong to you. You will not be able to sell it or leave it as an inheritance. After privatization, the apartment becomes yours: if you want, sell it, if you want, rent it out. You can even give it as a gift! In addition, as a homeowner, you have the right to take part in the self-management of your home.
But just as in the case of a car, the owner of which is responsible for its technical condition, the homeowner is obliged to monitor the premises that belong to him. Therefore, privatizing an apartment in a building subject to demolition is not the best idea.
How many times can I privatize an apartment?
Just one time. When privatizing, you must have a document confirming that you have not previously used this right.
How much does privatization cost?
Registration of home ownership in Russia is free. However, this process usually takes a lot of time and involves collecting a large number of documents. Therefore, some commercial companies offer their assistance in collecting, processing and supporting the transaction - the price for their services starts from 10 thousand rubles.
Is it possible to refuse privatization?
Yes, but only once. In this case, you will have to enter into a social rental agreement with the municipality. In addition, you will never again be able to privatize an apartment - neither this nor any other.
Are there any non-privatized apartments left in Russia?
Yes, they remained. Of course, there are fewer of them than those that are privately owned, but they exist. For example, orphans are annually given residential premises, which they have the right to register as their own.
Why did the deputies extend privatization, now indefinitely?
Let us quote the director of the International Institute of Modern States, Alexey Martynov: “This is an important, positive, strategic decision that concerns all residents of our country. It changes the approach to the use of personal housing.”
In his opinion, the adopted amendments will minimize tension around the issue of privatization and reduce the corruption component in the real estate market. Martynov recalled that every time before the end of the free privatization period, a situation arose when someone did not have time to privatize housing. “Then swindlers became more active, even black realtors, and various criminal schemes arose. Elderly people especially suffered from scammers,” he said.
The introduction of the amendments, according to the expert, will fundamentally change the situation around housing, since people will be confident that they will be able to privatize social apartments at any time and then pass them on to their children. “This inspires optimism,” Martynov is sure.
What documents are needed for privatization?
Application for privatization.
Identification documents of the applicant and all members of his family, as well as persons registered in the privatized residential premises, and persons entitled to use this premises on the terms of social rent (for those over 14 years of age - passport).
Social tenancy agreement for privatized residential premises.
Order/extract from the order of the executive authority for privatized residential premises.
An extract from the house register for the period from 07/21/1991 before arrival at this place of residence or a similar document replacing it.
A document from an authorized body confirming the unused right to participate in privatization at the previous place of residence, as well as a document confirming the authority of this body to issue the specified document.
Written consent to privatize the occupied residential premises.
In the Soviet Union it was impossible to privatize your home. Before the reconstruction, apartments could not belong to their residents. One could live in a dwelling, die, and very rarely exchange it for another, located in a better location and a little larger in size. With the formation of modern Russia, the Federal Law “ On the privatization of housing stock in the Russian Federation ". His date of birth is July 04, 1991. This law allowed many Russians to obtain housing as their own property.
What did this law give to Russians?
What are the advantages of housing privatization for Russians?:
- simplified registration process;
- complete freedom of property disposal;
- no need to pay for rent;
- It is almost impossible to evict an apartment owner.
In addition to the advantages, there is also a separate group of disadvantages:
- the procedure for inheriting a home is quite complicated;
- impossibility of improving housing conditions at the expense of the state;
- you need to pay property taxes;
- The amount of utility bills has increased significantly.
The law also established the basic principles through which the process of obtaining ownership of state and municipal housing takes place. The law allowed Russians to effectively and freely use their real estate, dispose of it at their own discretion, and invest money in this type of property. The main principle of privatization all this time was that it was free.
Number of privatized residential premises (year - thousand units):
| 1992 | 2 631 000 |
| 1993 | 5 770 000 |
| 1995 | 1 5000 000 |
| 1999 | 1 150 000 |
| 2003 | 1 450 000 |
| 2005 year | 1 822 000 |
| 2011 | 340 000 |
| 2016 | 170 000 |
The process of free privatization began back in 1992 and was supposed to last until the Housing Code of the Russian Federation was adopted and entered into legal force. Despite the adoption of this regulatory act on January 1, 2007, free privatization continued. In total, the State Duma of the Russian Federation extended it 5 times, the last time until 03/01/2017. Many Russians are asking whether free privatization will be extended after March 1 next year?
The impossibility of forming a social housing fund is the main reason for stopping the process of free privatization
Last news
While the process of privatization of municipal housing continues, local authorities cannot form and manage the social housing stock. Adherents of the idea that privatization should become indefinite for everyone need to understand that because of this process, citizens who are next in line cannot get housing. These include:
- Low-income citizens;
- Families with a large number of children - large families;
- Displaced people from houses that are being demolished;
- Children classified as orphans.
All these categories of the population would have the right to receive housing from the social fund. But it has not been formed to this day. Local authorities cannot do this due to the constant extension of housing privatization deadlines. Getting housing for people who are standing in line is constantly being postponed. You need to understand that unlimited free privatization is impossible.
But this time, according to numerous high-ranking officials, it will not be continued. The Ministry of Construction and the Ministry of Economy believe that free privatization of housing should end after March 1, 2017. According to departments in Russia, about 85% of apartments have been privatized over the years. Anyone who had the desire could take advantage of this state initiative for many years. But even those who have not privatized their housing have the right to use and own it indefinitely under a social tenancy agreement.
According to official data, every fifth apartment in Russia is not privatized. Until 1992, the entire housing stock was administered by the state, and citizens rented it on the basis of a social tenancy agreement. According to this agreement, the person living in the apartment did not have ownership rights.
Over the past decades, within the framework of the law on free privatization, people have had the right to re-register their housing as personal property. For various reasons, not everyone was able to do this, so the deadline for extending this procedure on a free basis was once again revised. Now everyone who did not have time to complete the necessary procedures will be able to do so in 2019.
Program implementation period
Initially, the possibility of prolonging free privatization only for residents of Crimea and citizens living in dilapidated buildings was considered, but the bill was revised and finalized.
Initially, the State Duma intended to extend the program for the entire 2019, explaining its decision by the fact that such a period should be enough for those wishing to carry out all stages of re-registration. But on the initiative of the President of the Russian Federation, who thoroughly studied this issue, a proposal was made to abolish temporary limits on the free privatization of housing stock for Russians.
This proposal was supported by almost all factions and was successfully adopted. The document was considered at a meeting on February 15 and approved by the Federation Council on the 17th, and officially approved on February 22, 2017. The Federal Law “On invalidating certain provisions of legislative acts of the Russian Federation” dated February 22, 2017 N 14-FZ states that the Federal Law dated February 29, 2016 N 33-FZ “On amending Article 2 of the Federal Law on the entry into force Housing Code of the Russian Federation" (Collection of Legislation of the Russian Federation, 2016, No. 9, Art. 1168) was declared invalid from the moment of signing.
According to the government, the decision to extend it will reduce the hype around this issue and eliminate social tension in certain sections of society.
Changes for owners after privatization
For those who are interested in changes after re-registration of housing, it is necessary to understand that taking possession brings with it a number of new rights and responsibilities:
- possibility of selling residential real estate;
- carrying out full-scale redevelopment and reconstruction;
- participation in fundraising for capital repairs;
- repayment of property taxes.
For the state, non-privatized apartments become budgetary ballast, since all such expenses for maintaining houses and the lack of tax revenues from the owners create a shortage of corresponding funds.
According to this change in legislation, about 5.6 billion rubles are expected to be received. annually throughout 2018-2019. From this point of view, lifting temporary restrictions on free privatization of apartments is beneficial not only for the owners, but also for the state.
Who benefits from prolongation?
Privatization of an apartment significantly expands the rights of the owner. Having completed the re-registration, you can dispose of the property as follows:
- sell;
- rent out;
- indicate in the will;
- use as collateral in a bank;
- present;
- exchange.
Free privatization is also beneficial for those who plan to attach a legal address or commercial enterprise to the apartment.
There are categories for which the delay was especially important. For example, a big stir arose in Crimea and Sevastopol after the annexation in 2014. The local population needed to study the entire mechanism in detail, consider its algorithm and implementation methods, which became a problem due to the lack of time required to re-register and replace other important documents. Therefore, in this region the situation is worse than in others. Initially, it was planned to extend the period allotted for re-registration for them until 2020. But due to the general decision, they have the opportunity to carry out all the necessary actions without an emergency order.
The opportunity to privatize housing is extremely important for those people who live in dilapidated houses planned for demolition. Re-registration of property gives them the right to apply for the issuance of new apartments, so in their case the deferment is an extremely important point in helping to implement social government guarantees.
List of required documents
In order to have time to re-register an apartment in 2019, you need to prepare the following documents in advance:
- certificate of form No. 3 from the housing office about the number of registered persons;
- technical documentation for the apartment, issued by the housing office;
- a statement of consent, which must be signed in the presence of the head of the housing office by all persons over 14 years of age registered in the apartment;
- birth certificates of children under 14 years of age;
- passports of all residents over 14 years of age;
- a certificate from the housing office where the previous place of registration was located to confirm that the legal right to privatization was not exercised earlier;
- extract from the unified state register of real estate rights;
- check for repayment of state duty.
If the last time your registration changed was before January 1, 1993, then a certificate from the Housing Office for the previous place of registration will not be needed.
For people with children (natural, adopted or in guardianship), a certificate from the guardianship and trusteeship department is additionally required.
Privatization algorithm
In 2019, the process will take place in 3 main stages:
- At the first stage, it is necessary to collect a complete set of the above documents.
- When the entire list is prepared, you can begin the re-registration procedure. To do this, you need to contact the nearest branch of the MFC and submit documents and an application there. The inspector examines in detail their completeness and correctness of completion, after which he announces the date when a meeting on this issue should take place. During the meeting, the commission members make a collegial decision on a positive or negative verdict on the possibility of privatizing an apartment by specific individuals. If an affirmative decision is made, the applicant will be given a document confirming the right to take possession of the apartment.
- At the third stage, it is necessary to issue a certificate. To do this, you need to visit the state registrar, having in hand a permit document obtained from the housing committee. Based on the decision provided, he will issue a certificate of ownership.
After the housing is registered technically with the BTI, the transfer of the housing into private ownership is considered fully completed.
How long does it take
Preliminary collection of all necessary data and completion of the application takes no more than a week.
From the moment a package of documents is submitted to the multifunctional center, the regulations for considering an application for free privatization begin to apply, which provides for receiving a final decision within a time not exceeding 60 calendar days, that is, 2 months. This decision can be received earlier if the housing committee’s workload is low.
The state registrar serves citizens within one day. In total, re-registration on average takes no more than 70 days.
What can be privatized
The free privatization program applies to housing that is owned by a municipal or government department. Exceptions to this list are:
- apartment-museums;
- premises in office buildings;
- apartments located in protected areas;
- housing in disrepair;
- apartments in closed military camps.
Who can exercise the right
If the number of adult residents registered in the apartment is more than one, then the registration is carried out by one of them, providing all the necessary documents for the others. In his own person, he represents the interests of all future owners.
If one of the adults registered in the housing does not agree to privatization, then the procedure will be impossible to carry out.
Those citizens who, at the time of re-registration, are out of reach and cannot officially testify to their opinion on this issue (for example, those who have been abroad for a long time, serving in the army or in prison) automatically receive their share after returning.
Adult citizens can exercise the right to free privatization once, and minors - twice: before and after reaching adulthood.
If you wish to re-exercise the right to privatization, you will need to pay the full cadastral value of the housing.
Free privatization of housing on the territory of the Russian Federation was supposed to end on March 1, 2017, but the issue was so ambiguous that it was not easy to predict the outcome. Since they wanted to stop privatization more than once, there was talk of extending this opportunity until 2020, and then only for certain categories of citizens (immigrants, orphans). However, later there was a rumor that they wanted to make privatization permanent. In fact, this turned out to be not a rumor, but the initiators of such a decision were citizens who turned to deputies with a corresponding request. Thus, at the next meeting of the State Duma in February, a bill was adopted and approved, according to which universal free privatization will be extended indefinitely.
Despite the fact that Russians had the right to privatize municipal real estate back in 1992, to this day not all of the housing stock has been transferred to private ownership. There are many reasons for this, but most often single and elderly citizens who are more profitable to use social living space are in no hurry to take advantage of the opportunity for free privatization.
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Significance of the decision made
Recently, citizens who have not used their right to transfer municipal housing into ownership have had another reason to take their time - the introduction of a property tax for individuals. That is, every owner of an apartment, private house, any other housing or its share is now obliged to pay tax on this property. In addition, every year the tax rate increases by twenty percent. This growth is expected to stop by 2020. This became one of the reasons for the state to make the privatization of housing indefinite.
The amendments on unlimited privatization give Russians enough time to consider all the advantages and disadvantages of this procedure in order to decide whether it is necessary to do it. Despite the obligation to pay tax on a privatized residential property, transferring living space from personal property provides many opportunities:
Since after March 1, 2017, there was a possibility that the free privatization of housing would be made permanent by a new bill, many delayed the procedure. This means that municipal real estate can indeed be issued for indefinite use.
Relevance of re-registration
After the decision on permanent privatization was made, a related question arose: have the rules, conditions and procedure for re-registration of state property into personal ownership changed? At this stage it is worth answering that no changes have occurred. Since now no one will extend anything, the population can breathe easy and not make a decision in a hurry.
It should be recalled that indefinite privatization of housing is not limited to, since we must not forget about the use of municipal land. Only those citizens who have not previously participated in privatization can take advantage of this procedure for re-registration of rights (meaning legal age after eighteen years). In addition, residents living in a municipal apartment, but not registered on a permanent basis, have no right to claim this property and can be evicted at any time.
Accordingly, if any of the living citizens are not interested in privatization and the fact that it has been made indefinite, he can officially refuse to participate in the registration without losing the right to use housing or transferring his share to other participants.
Standard design
The indefinite extension of privatization to date has not affected the standard step-by-step procedure for its registration. As before, residents have the right to register as personal property both the entire living space and part of it. To speed up the procedure and reduce the risk of conflicts afterwards, it makes sense to use the services of a notary to certify the agreement and. Also, in order not to involve and take up everyone’s time at once, you can issue a power of attorney at a notary’s office for one person who, on behalf of the others, will deal with this process, unless one of the participants wants to additionally control everything.
After resolving the issue between the participants, you need to start preparing the necessary documents. In each individual case the list will be different.
Standard list of required papers:
Dealing with objections
When it became known that it would become permanent, some citizens, being opponents of this, were excited. Basically, these are people who live in an apartment or private house not on their own, but with other residents, often even relatives. Such people do their best to prevent the transfer of real estate from the municipal fund to ownership, but their desires mean little if we are not talking about one-room apartments.
If we delve a little deeper into the issue, then while privatization of a share of housing is possible, it makes virtually no sense to enter into an aggressive confrontation. Each permanent resident can re-register his room and a proportionate share of common areas as personal property, despite the protests of neighbors. This is absolutely legal, just like partial privatization of land, if the land plot allows it in size.
In particularly difficult situations, conflicts should be resolved through the court, which must be addressed only after the plaintiff has collected the maximum possible package of documents and testimony in order to defend his point of view and demands.
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What is paid privatization of an apartment?
Actually, the process of transferring rights to housing cannot be called privatization, since in fact it represents repurchase of an apartment from its current owner - the state.
Citizens will be forced to acquire rights to housing occupied by the end of the law on free privatization.
Currently The government announced the date March 1, 2017. It is before this period that citizens are invited to register their apartment as their property free of charge.
The law also provides for the purchase of residential premises by those tenants who, since each citizen has the right to receive ownership of an apartment free of charge only once.
If these circumstances exist, the transfer of an apartment from the state to its tenant will be accompanied not only by the payment of state duty, but also by the payment of funds per square meter.
General regulations for the procedure contained in Law No. 1541-1 “On the privatization of housing stock.” A separate document containing the procedure for conducting paid privatization does not yet exist in the Russian Federation.
Today, work on assessing housing stock is carried out at the state level in most regions. Today, when carrying out calculations, specialists are guided by the Law of the Russian Federation “On Valuation Activities” (No. 135 of July 29, 1998).
The procedure for revaluing objects by law must be carried out every 3-5 years, information about the cost of buildings is posted on the Internet, on the “Public Cadastral Map” page, where you can see the price of a specific task, identifying it by address and cadastral number.
However, this information is for reference only. The specific price of a particular object can be found out by officially contacting Rosreestr or the MFC.
At the request of a citizen, he is issued a certificate of the cadastral value of the property, this information can be used to make legal transactions with the premises.
The cadastral value of residential premises in many regions exceeded the inventory value by 20-30 times.
Find out from our articles about whether your apartment is privatized or not, the registration process, whether you can submit documents. You can submit a sample claim to the court for recognition of the right to privatize residential premises.
Procedure
How to privatize an apartment after the end of the free privatization period? The scheme for transferring rights to residential premises on a paid basis is mainly similar to the process of free privatization.
To start the process, citizens need to contact their local administration, to which they should attach a package of documents:
- apartment rental agreement;
- employers' passports;
- death certificates of those previously registered;
- technical documentation for the premises;
- extract from the house register.
You can find out how to privatize an apartment if the order is lost from.
Application for privatization must write all registered in the living space. If any of them, the package must be accompanied by a corresponding document certified by a notary.
If it is necessary to purchase an apartment by a person who previously participated in free privatization, a document confirming this fact will be required.
The collected package of documents along with the application can be submitted to the MFC. You can speed up the process by contacting the organization for registration, providing housing privatization services. Real estate agencies carry out this work within 2-3 weeks.
How much will it cost to privatize an apartment after the free procedure expires?
Cost of registration of paid privatization of an apartment
How much does paid privatization of an apartment cost?
In addition to paying the redemption price of square meters, To complete the process you will have to pay the following amounts:
- The contract for the transfer of ownership of the apartment is 1000 rubles.
- The state duty for the Certificate of Ownership is 2000 rubles from each party to the agreement.
- Registration certificate and apartment plan - from 1500 rubles.
- Cadastral passport – 200 rubles.
- Extract from the Unified State Register – 200 rubles.
- Certificate of participation in privatization – 200 rubles.
Find out on our website whether it is possible to privatize a room in an apartment
In addition to the list of citizens, the Government proposes limit the period during which they can privatize the social housing they receive for free.
There are no general regulations for the procedure for paid privatization of an apartment yet.
The registration procedure and price calculation are developed by officials in specific cases individually.
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