Agreement on the transfer of residential premises into the ownership of citizens privatization. Special provisions of this agreement. Recognition of the privatization agreement invalid

The privatization of residential real estate has been carried out since the beginning of July 1991. Privatization means the free transfer of municipal and state housing to private ownership of citizens voluntarily.

The tenant, as well as citizens registered in the municipal apartment, have the right to privatization.

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In the process of privatization, only those who are registered and live in the given dwelling can take part. Children who are registered also participate in privatization.

Municipal and housing authorities can provide a standard privatization form as required. It can be found on the official portals of regional housing structures. You can also visit the website

Unfilled application for privatization now they buy from specialized real estate agencies or they buy from a notary.

Remember! State bodies prohibit the privatization of housing recognized as emergency, apartments in military camps, dorm rooms, and office premises.

What documents are needed to draw up an agreement on the transfer of an apartment into ownership?

Before going to the City Administration and writing an application, you need to have a package of documents with you. Here are the ones that are required:

• Originals, as well as copies of passports of people participating in the privatization process;
• Birth certificates of minors;
• Social Employment Agreement or Warrant;
• Extract from the house book;
• Cadastral passport; (cm. )
• Technical certificate; (cm. )
• Document on the right to free privatization.

Remember! Free privatization is allowed for every citizen of the Russian Federation only once. It is possible to privatize again only by a court decision if there were violations of rights or privatization took place before the age of 18.

How to write an application for the privatization of an apartment correctly?

Sample application for the privatization of an apartment must contain:

1. Full name of the citizen who submitted the application;
2. Birth details, address, citizenship, as well as passport details of the person wishing to privatize real estate;
3. Surname, name, patronymic of the future owner or owners of real estate;
4. Technical passport for the apartment;
5. Notarized applications for privatization.

Apartment privatization application written in a standard form, it is signed by all family members who are 14 years old, even those who do not want to take part in the privatization.

Where is the application for the privatization of a municipal apartment submitted?

To exercise their right to privatize residential real estate, citizens apply to the Office of the Moscow Department of Housing Policy and Fund at the place of residence.

You need to have a compiled housing privatization application, the above package of documents and a receipt for payment of the state duty.

The size of the state duty since 2015 is 1,000 rubles for citizens and 15,000 rubles for organizations.

The procedure for drawing up an agreement on the transfer of an apartment into ownership

It is drawn up in writing and is not subject to a state fee. This paper indicates the share of each tenant, including minor children.

The procedure requires the preparation of documents (see) and the passage of several stages of registration. You need to start the process by collecting all the documentation (main and additional).

At this time, it is necessary to issue a passport for the premises and other certificates at the BTI, the Cadastral Chamber, the Federal Migration Service, the guardianship authorities, the housing department or the management company.

The entire package of documents is submitted to local authorities, they will consider and make a decision.

The decision on privatization is made within 2 months after the full package of documents has been submitted.

Acceptance of documents, execution of a contract is free of charge. But, registration of the plan of the premises, the state duty for registration of the right are paid in the general manner.

Where to get an agreement on transferring an apartment into ownership?

Apartment transfer agreement issued in multifunctional centers (MFC) or housing authorities. And residents of Moscow must apply to the Department of Housing Policy and Housing Stock with a written application.

What to do if the contract for the transfer of the apartment to the ownership is lost?

If suddenly the privatization agreement is lost, then it must be restored. A duplicate can be obtained by contacting the authorities that certified this agreement.

It is necessary to apply for a duplicate of the agreement to the municipal archive if the privatization was carried out before 1998. If after 1998 - to Rosreestr.

If you still have questions on the topic " An application for privatization and an agreement on the transfer of an apartment into ownership», Ask them in the comments.

How privatization is carried out

An agreement on the transfer of an apartment or other residential premises into the ownership of citizens, in other words, the so-called privatization, is carried out in accordance with the law (Federal Law No. 16-FZ of February 25, 2013) free of charge.

Privatization means the ability of a citizen to legalize his home for the purpose of using this object at his own discretion (use, lease, sale, donation, bequest, etc.) in accordance with the current Housing Code of the Russian Federation.
One of the features of privatization is that in order to draw up an agreement for the transfer of an apartment, an agreement is required from all adult family members who live together with the applicant in this area. Finding a sample of such an agreement will not be difficult. You can discuss the details of the sample in more detail, for example, in a law firm, where at the same time you can draw up your own agreement between the members of your family living at this address. All persons who have not reached the age of majority are automatically included in the number of owners, on equal terms with the applicant. The right to privatize can only be exercised once, unless the person claiming this opportunity previously participated in privatization as a minor family member. In this case, the law allows you to participate in privatization again, having reached the age of majority.

A glimpse into history

Earlier, as you know, until 1991, the apartment was "issued" to the citizen by the enterprise where the person worked. Moreover, such an apartment was not the property. The citizen, the so-called responsible tenant, moved in there on an order or under a social tenancy agreement, where his closest relatives also fit in. An agreement between family members could regulate the rules of use and liability for obligations in the dwelling. After the entry into force of the "Law on the privatization of the housing stock in the Russian Federation" dated 04.07.1991, the citizens of our state had the opportunity to register the issued housing and transfer it into ownership, in other words, to privatize it.
At first, due to the fact that the process of transferring residential premises into ownership (privatization) had not yet been sufficiently debugged in practice, a number of important points were not taken into account. For example, in the period from 1991 to 1993, the rights of minors were often violated. The fact is that at the initial stage they were simply not included in the number of apartment owners, having lost sight of this important point. After these or those precedents began to arise, having recollected themselves, this procedure was somewhat modified, thereby legitimizing minors in their rights.
Therefore, in some cases, when purchasing such an apartment, it is worth paying special attention to the date of the conclusion of the privatization agreement. If she falls into this period (1991 -1993), it would not hurt to send an additional request to the passport office for safety reasons for the presence of minor children registered at this address at the time of the conclusion of the contract. If there were any, then appropriate action would need to be taken. One of the options is to find a former minor living at that time with the owner of the apartment, and take a notarized statement that he has no claims on this fact. A sample application can be provided to you at a notary office.

A package of required documents

The list of documents to be submitted to the state registration authority at the location of the property:

• an application for state registration of the transfer of rights in the privatization procedure;
• applicant's passport;
• power of attorney certified by a notary (if the applicant is a representative of an interested party, in other words, a trustee);
• receipt of payment of state duty for state registration of rights;
• contract for the transfer of residential premises into ownership;
• social employment contract or warrant that is the basis for the transfer of rights;
• extract from the house book;
• a copy of the statement on the refusal to transfer ownership in favor of citizens also registered at this address (if not all residents, in accordance with the contract, acquire ownership of this residential premises);
• other documents required for state registration of rights.

Contract for the transfer of ownership of the apartment

The only thing that must be done without fail is to register the property (apartment) in the manner prescribed by law. After registration of the application, the owner is issued a Certificate of state registration of rights.
A sample contract for the transfer of residential premises into ownership describes all the parameters of the real estate object, the conditions for the transfer of the apartment, its use, the number of owners and the shares determined by them. In addition, a sample of such an agreement provides for an indication of the parties involved in this process and the grounds allowing the implementation of privatization (social employment agreement or order).

CONTRACT N _____ ON THE FREE TRANSFER OF THE APARTMENT OWNERSHIP Moscow region, Ruzsky district, settlement Dorokhovo (date, month, year in words) Local government body municipal institution Administration of the rural settlement Dorokhovskoye Ruzsky municipal district of the Moscow region represented by the head of the rural settlement Dorokhovskoye Zhukov Yuri Alexandrovich, acting on the basis of the Charter of the rural settlement Dorokhovskoye, hereinafter referred to as the "Owner", on the one hand, and gr. ____________________________, hereinafter referred to as the "Acquirer", from the other parties, entered into this agreement on the following: 1. The "Owner" transferred free of charge, and the "Acquirer" accepted, consisting of _____ rooms, living area - _____ sq. m, total area - _____ sq. m, total area including unheated premises - _____ sq. m, at the address: Moscow region, Ruzsky district, _______________ in the property. The book value of the apartment is ________________ (in words) rubles.

2. A citizen acquires the right of ownership of an apartment from the moment of registration of the right in the Unified State Register of Rights.

3. In the event of the death of the "Acquirer", all rights and obligations under this agreement shall pass to his heirs on a general basis.

4. Disputes under the agreement can be submitted to local government bodies or resolved in court. The agreement can be terminated upon the will of the parties to the agreement ("Owner" and "Acquirer"), and in the event of a dispute - in court at the claim of one of the parties to the agreement.

5. The use of the apartment is carried out by the "Acquirer" in relation to the rules for the use of residential premises, approved by the decree of the Government of the Russian Federation of January 21, 2006 N 25.

6. The "purchaser" carries out at its own expense the operation and repair of the apartment in compliance with the existing uniform rules and regulations on the conditions determined for the houses of the state and municipal housing stock, and also participates in proportion to the occupied living space in the costs associated with the maintenance and repair of engineering equipment, places of the common house and the maintenance of the local area.

7. The costs associated with the execution of the contract are borne by the "Purchaser".

8. This agreement is drawn up in 4 copies, one of which is in the administration of the rural settlement Dorokhovskoye, one in the GUFRS for the Moscow region, the rest of the copies are issued to the "Acquirer".

9. I have read the rules for the use of residential premises and undertake to comply.

Addresses and signatures of the parties:

OWNER PURCHASER Local government body Full name municipal institution Passport administration of the rural settlement Dorokhovskoye, Ruzsky municipal district, Moscow region 143160, Moscow region, Ruzsky district, settlement Dorokhovo, st. Nevkipelogo, 49 Signatures: "Owner" "Acquirer" Head of the rural settlement Dorokhovskoye __________________________ Yu.A. Zhukov The agreement was registered with the administration of the rural settlement Dorokhovskoye N _____ "___" __________ ____ __________ M.P.

It belongs to the personal property of individuals and it looks accordingly the same as any similar document.

• A written statement printed or completed by hand in blue or black ink;
• copies of passports of all persons wishing to participate in free privatization;
• copies of birth certificates of minors participating in privatization;
• a copy of the order for moving into a dwelling or a contract for the use of an apartment in the manner of social rent;
• cadastral passport (since 2013 is not included in the list of mandatory documents and is provided at the request of the applicant);
• permission for the procedure from the guardianship authorities, if only persons under the age of eighteen live in the dwelling;
• certificates from the previous and current places of residence that the right of privatization by interested parties was not previously exercised;
• consent of all family members to privatization, expressed in writing in any form, or a written refusal to participate in it.

At the time of signing the contract you should have original documents with you, copies of which are included in the above list.

Registration

Legally, the beginning of the contract registration procedure is marked by the filing of an application in the prescribed form.

Document preparation procedure takes place within two months. Refusal to provide a service is possible in three cases:

• there are not enough documents in the package;
• a person has already used the right to privatize housing;
• the dwelling does not belong to the property of the Russian Federation.

The state service is provided to applicants free of charge by the executive authorities. In Moscow, it is being implemented through the Housing Privatization Department of the Municipal Housing Department. In St. Petersburg, the decision is made by the St. Petersburg State Budgetary Institution Gorzhilobmen (St. Petersburg State Budgetary Institution "Gorzhilobmen") and the Housing Committee.

To receive the service, a person applies to the MFC in person or sends his representative there on the basis of a notarized power of attorney.

Also now an alternative method of filing an application in electronic form has been implemented through the portal of public services... Before filling out the application, the package of documents must be scanned or re-captured with a digital camera and digital copies of the above papers must be attached to the application for the privatization of residential premises sent via the Internet.

After sending the data through the portal, you need to monitor the e-mail entered by the applicant when filling out the application. The authority responsible for the provision of the service will send there notifications about the progress of the application and may invite an individual to personally appear at the organization providing the service.

Having prepared the contract, the contractor sends the applicant a written offer to appear at the appointed time to sign this document.

On the specified date all interested persons visit the MFC, get acquainted with the document, check if there are any errors... Then everyone signs the apartment privatization agreement, after which it is stitched, sealed with a hologram and handed over to the applicants.

This document is the basis of a set of papers with which you should visit Rosreestr in order to register ownership of housing and be able to carry out various kinds of transactions with real estate (sale, exchange, donation, and the like).

How to recover?

To restore the lost agreement, you should contact the body in which the privatization was formalized. They will give out a duplicate of the document.

If a citizen at one time received a certificate of ownership based on a privatization agreement, then there is no need to reapply to Rosreestr.

When selling a residential property acquired in this way, the buyers or their agent will inquire exactly how the property was acquired and wish to familiarize themselves with this document.

It is possible that the right to free privatization will be used until 2018, but while the relevant changes to the legislation are only expected, it is worth hurrying to have time to transfer the apartment from state ownership to private ownership.

The privatization of residential premises is a voluntary and free procedure. As a result, citizens become the owners of the state or municipal housing they occupy. There are about 500,000 non-privatized residential premises left in the Russian Federation. Their employers and home service providers will benefit from information on how privatization is being carried out and how it is changing.

Since the beginning of the privatization of residential premises, more than 80 percent of citizens have realized the right to it. The process has slowed down, but it is still far from complete completion. In this regard, in 2017, free privatization in Russia was made indefinite.

The bulk of citizens who have not privatized housing are those who:

• lives in emergency houses;
• lives in hostels;
• cannot come to an agreement on privatization within the family.

Advantages and Disadvantages of Privatization

Privatization involves a change in the owner of a home. A dwelling belonging to the state (municipality) is transferred to the ownership of one or more citizens. The consequences of changing the status of an apartment are many, and not all of them are unambiguously positive for the new owner.

Benefits of privatization for the owner:

• restrictions on the disposal of property are removed. Sale, rent, exchange, donation and other actions become available to the owner;
• a privatized apartment is inherited;
• the owner can be evicted only upon the provision of similar housing or reimbursement of its cost;
• redevelopment can be done upon receipt of the necessary approvals;
• an apartment in the property can serve as collateral for a mortgage;
• you can prescribe and write people out as you wish.

The privatization of residential premises also has disadvantages:

• the owner pays property tax annually;
• you need to pay monthly for major overhaul of apartment buildings, and tariffs are constantly increasing. If the housing remains in the ownership of the state, then it is it that makes the funds for the overhaul;
• in the absence of a will, all legal heirs are entitled to the tenant's apartment.

A special situation has developed with emergency houses. The owners of apartments in them have their own reasons for refusing to privatize. Emergency MKDs are resettled, and there are two scenarios for residents:

• owners receive housing of the same area;
• tenants are given an apartment at the rate of 18 m 2 for each person.

In such a situation, each family chooses the most profitable scenario for itself.

Objects subject to privatization

Article 15 of the RF LC describes the criteria for classifying premises as residential:

• the status of real estate at the facility, which does not allow changing houses, mobile homes and other mobile structures to be considered housing;
• the presence of a separate entrance;
• compliance with sanitary and hygienic standards and fire safety requirements.

It follows from Article 16 of the RF LC that such conditions are satisfied by houses (in whole or in part), apartments and rooms. For understanding: the privatization of a room in a communal apartment is possible. It is impossible to allocate and privatize a room in a separate municipal apartment.

The government has established a number of rules for the recognition of premises as residential.

1. Finding a house in a residential area.
2. Serviceability of supporting structures. Minor deformations are allowed, which do not threaten the performance of the remaining elements.
3. Safety of movement of people inside living quarters.
4. Absence of obstacles for moving objects both around the house and within each individual room.
5. The presence of basic engineering communications. Heating is mandatory, in the absence of central heating it can be stove. In low-rise buildings, the absence of water supply and sewerage is allowed.
6. Equipment and communications at home must comply with sanitary and hygienic standards and safety rules.

If some of the conditions are not met, then the dwelling cannot act as an object of privatization.

Who can privatize housing

Before the advent of the privatization law, citizens of our country occupied apartments under a social tenancy agreement. One responsible person became the employer. The tenant himself and all registered family members can privatize an apartment occupied under the indicated agreement.

The Family Code treats the concept of “family members” rather broadly. In addition to legally married husband and wife, their children, parents and grandchildren, this includes other relatives. If the employer has dependents with a residence permit, then they can also be recognized as relatives.

To formalize the privatization of residential premises, the consent of all adult citizens with a residence permit is required. Family members aged 14-18 will need written permission. All listed citizens must participate in drawing up the application for privatization. The application is accompanied by the submission of a package of documents.

Privatization rights are deprived of:

• incapacitated citizens;
• persons who have previously privatized housing.

Principles of privatization

Let's describe six basic principles of residential privatization.

1. The right to free privatization is granted once.

The exception is minor citizens who are among the owners of an apartment privatized by their parents or other persons. After 18 years, a person has the right to receive free housing again.

2. Privatization is free.

Initially, the word “sale” was present in the privatization legislation. In 1992, he was expelled, and the procedure became free for all citizens of the country.

3. Only citizens of the Russian Federation are entitled to.

This is spelled out in FZ-54 of May 15, 2001. Prior to the adoption of the law, privatization was available to citizens of other states. Under the Constitution (paragraph 3 of Article 62), foreigners and stateless persons are granted the same rights and obligations as Russians. However, an exception has been made regarding the receipt of free housing.

4. Only state and municipal housing is being privatized.

You cannot privatize an apartment that belongs to a commercial structure. The organization can transfer it to a private person free of charge, but this will be a donation procedure regulated by the Civil Code of the Russian Federation.

5. Only housing occupied under a social rent agreement is being privatized.

The social housing stock is suitable for privatization, the commercial one is not. If the apartment is not inhabited, then it is possible to obtain ownership of it free of charge only through a gratuitous transfer.

6. Privatization is voluntary.

A citizen can express his will and use the right to privatization, or he can refuse to participate in it. If all residents agree, then everyone gets a share in the apartment. If one of the family members waives the right to a share, housing can also be privatized. It is transferred to the ownership of the rest of the relatives, with the exception of the one who refused.

In case of refusal from privatization, the registered citizen retains the right to live in the apartment for life (Article 19 of the Federal Law-189 of December 29, 2004). He loses it in case of deregistration.

Stages of privatization

The privatization procedure for residential premises should be divided into 6 stages.

1. Making a decision.

Family members decide to transfer the apartment to private ownership and are determined with the number of its owners. This takes into account the pros and cons of privatization described above.

2. Contacting the authorized body.

The applicant applies to the local administration. Its representatives conclude a privatization agreement with the initiator. He, along with a package of documents, is subsequently transferred to the Rosreestr, which registers the rights to housing.

3. Collecting documents.

To carry out privatization, you will need:

• a statement approved by the administration;
• confirmation of the legal right to housing (order, social rent agreement);
• technical passport of an apartment (house) from BTI;
• cadastral passport (available on the Rosreestr website);
• confirmation of the number of registered persons;
• marriage certificate (if any);
• certificate of absence of communal debts;
• applicant's passport;
• confirmation of payment of state duty.

All these documents are submitted to the administration. Local housing departments may have different requirements for the package of paperwork that accompanies the application. This should be clarified separately.

4. Verification of documents.

Papers are checked for completeness and correctness of execution.

5. Results of consideration.

The administration considers documents for 2 months. Rosreestr registers rights within 10 days.

6. Signing the contract.

If the privatization is approved, the applicant signs an agreement on the transfer of the apartment into ownership. The completion of the procedure is considered to be the entry of a record of the change of owner in the USRN.

Drawing up a privatization agreement

The parties to the agreement are the future owners (one or more) and the state (sometimes a state-owned enterprise).

There are 4 parts to this agreement:

• descriptive, contains information about the subjects of legal relations;
• subject, information about the object of the contract;
• rights and obligations of the parties;
• general terms of agreement. The rules for the use of housing are indicated, actions with the apartment in the event of the death of the owner, and other secondary information are described.

The document ends with the date and signatures.

Termination of a privatization agreement

In rare cases, citizens try to terminate the residential property privatization agreement. This is also done in the local administration, where a corresponding statement is written.

Upon termination of the contract, the apartment again becomes the property of the state, and the tenant retains the right to use it for life. Naturally, a citizen can no longer sell, exchange and carry out other actions with housing. The privatization right is considered used, the second time it is no longer available.

The administration may refuse to terminate the contract if:

• this is not the only residence for the applicant;
• there are communal debts or other encumbrances associated with the apartment.

Refusal to privatize

Citizens are denied privatization for three main reasons.

1. Inappropriate housing status.

The probability of failure is high when it comes to:

• an apartment in a military town;
• dorm room if the building is federal property. Privatization is possible after its transfer to the municipality;
• house assigned for demolition;
• service housing.

2. Questions to future owners.

The problem may be a break in registration in the privatized housing, lack of consent between family members, the death of the applicant, and so on. Such cases are often contested, each of them must be considered separately.

3. Inconsistency of documents.

Errors, shortcomings, suspicions of forgery, bureaucratic problems with obtaining supporting documents - all this can delay the privatization process or lead to its refusal.