Privatization of housing: pros and cons of the procedure, legal details of the design of ownership of the apartment, the necessary documents.
If you are still wondering, privatize housing or not, to solve it faster in your own interests. The period of free privatization expires, and soon, in order to legally place the ownership of an apartment in which you live, you will have to pay its value to the owner of housing. We suggest you to explore the privatization procedure and evaluate its advantages and minuses, it will help make a right decision.
The main mass of the owners of housing privatization has already conducted, but there are still those who have not received such a decision for various reasons.
Pros and cons
Consider some legal aspects. Persons living in an unsuccessful apartment use it in accordance with the Social Hospital Agreement, the documentary confirmation of the order. This treaty implies only possession and use of the apartment - it cannot be sold or warned.The results of the privatization of the apartment becomes the property of the persons who live in it. The issued certificate of registration of ownership of residential premises documented that the privatization procedure is completed.
The owner can make a purchase and sale transaction with an apartment, to give it or transferred to the will, pass or make a rental contract.
Privatizing an apartment, you acquire additional guarantees of security from unlawful actions by state bodies: for example, no one has the right to evict its owners from the privatized apartment in the event of non-payment of utility payments or fees for the maintenance and repair of a residential building.
Now- material question. Soda side, the privatization of the apartment does not affect the amount of utility bills. The Solid-Owner of the apartment will have to pay property tax. The tax on buildings, premises and structures is among local taxes (in practice, this means that the municipal authorities establish its bet) and is paid annually. The tax rate changes depending on the real estate inventory value (the one that the technical inventory bureau is determined): at the cost of property up to 300 thousand. rub. - not more than 0.1%; 300-500 thousand. rub. - respectively 0.1-0.3%; Over 500 thousand. rub. - 0.3-2%. VMoskwe tax rates - 0.1 or 0.3 or 2% of the inventory value. The tax on an apartment, privatized into share ownership, pays each of the owners in the amount corresponding to the size of the share in the general property.
Should I privatize an apartment if you are standing in a queue for improving housing conditions or your home is under demolition? Unfortunately, in such cases, with the privatization of your current housing, you will automatically lose in the future of the future new: when resettlement you will be given an apartment, equal to the total area of the previous area (you can only get the opportunity with a surcharge, and the value of 1m2 will be installed not a market, Inventory).
When you move from an unsuccessted room, you can count more, because during the selection of the apartment, many parameters will be taken into account. Accomplice, according to the provisions of Art. 8 of the Law of Moscow "Basics of Housing Policy of Moscow" No. 6 of 11.03.1998. The social norm is 18m2 of the total area per person.
When demolishing the house, immigrants are worried about where new housing will be located. Save the area of residence in two cases: first, your apartment is privatized; Secondly, your home is assumed to reconstruct and re-equip the premises in non-residential. When relocation from an unsuccessful apartment (while housing conditions improve), and also if your home is recognized as an emergency, the living space will be provided to you in the city without preserving the area of residence.
Subtleties of the procedure
The privatization procedure itself is as follows: you write a statement about the desire to translate an apartment to your property, collect documents and convey them to the relevant government agencies. WMoskwe submitting an application for privatization, the manufacture of a technical passport and plan-certificate in the GUP RK RGC "Real Estate" will cost you in 1127 rubles. Then, after 2-2.5 months, you will need to sign an agreement on the transfer of an apartment to your property, and soon after that, to get an extract from the register of owners. The next stage is the state registration of ownership in the Office of the Federal Registration Service (500 rubles. For each owner). The registration period is 1mes. Finally, the last event: within 5 days it is necessary to put an apartment for technical accounting and get a technical passport in the RHC "Real Estate" (190 rubles from each owner).
You do not want to pass all the stages of the privatization procedure yourself? You can reassign all the trouble by intermediary firms. Specialized office and real estate agencies are provided for the privatization of residential premises. For getting rid of headaches caused by privatization, you will give 15-30 thousand. Rub. - In this case, you will have to wait for the certificate of 2-2.5 months. If you want to get documents faster (for 1-1,5 months), the amount will increase. In the case, the specialists of the agencies determine the cost of services individually. Discounts are possible - when, for example, privatization simultaneously do you, and your neighbors: the submission of all documents "wholesale" to the privatization of apartments from one house will cost it cheaper by 5-20% (depending on the number of apartments privatized).
The owner acquires the following rights to possession (possession) by property, the use of them (operation in any permitted form) and an order (exchange, sale, donation, testament). This is also known since the Roman law of the triad authority of the owner. After an apartment in the property, you get the right not only to live in it, but also to carry out various actions, for example, to sell, pass or rented the living space. True, additional responsibilities will appear and the Owner must pay property tax.
As a general rule, at the design of an apartment transfer agreement to the property of the privatizing individuals, everyone mentioned in this contract must be. That is why it is necessary to arrive in the privatization department, and your home-owners of housing. Although in some cases you can represent the interests of missing, receiving appropriate power from them. If someone from your home is on study, then such a power assists the notary, if the urgent service is underway in the army-non-man or commander of the part. The power of attorney for the privatization of the apartment from a person who serves punishment in places of imprisonment, assures the head of the institution where the punishment is served.
Are your minor children who stay with you, co-owners of the apartment? Yes, of course. The investment about the registration of ownership of the apartment they will appear as the owners of the share of living space. It is important to know that children 14-18 years are necessarily present at the conclusion of the contract and even put signatures in it (which, however, must be certified by signatures of parents).
Perhaps you do not want a minor to implement his right to privatization (probably he can still come in handy this right in the future when he wants to privatize some other apartment). Try to exclude it from the privatization procedure for this housing. But to obtain the permission of the custody and guardianship bodies to ensure that your minor child is excluded from among the owners of the apartment in which he lives, theoretically (and practically) is not possible. The only way out remains: register a child from the nearest relatives.
What other difficulties can wait? For example, if a person who has begun a housing privatization procedure died until the contract for the transfer of residential premises in his property (either before registering such a contract), this cannot be the basis for refusing to privatize the apartment to his heirs. The only condition - the testator during his lifetime expressed his will to privatize the apartment and did not withdraw the application. In this case, the requirements of the heirs must be fully satisfied.
The following problem occurs: in the apartment that is going to privatize, inconsistent redevelopment is made. If in BTI is unknown about the changes you spent, then it will not affect the privatization process. Specialists of the BTI in the course of redevelopment? Then it will be reflected on a floor plan and explication that will be manufactured for you in BTI for 10 days. You need to agree on it, but only then start privatization. The complexity and duration of the coordination procedure depends on the changes that you produce.
It is possible to privatize the room in a communal apartment or even in a hostel. The order of registration and submission of documents will not differ from the standard, but the decision for each such case the owner of housing should be taken separately.
If you participated in the construction of cooperative housing, it is not necessary to privatize it. Such residential premises are automatically translated into the ownership of the buyer since the full payment of the share contribution. True, you will still have to contact the registration chamber, it is there you will receive a certificate of state registration of ownership.
Share or joint?
Finally, a significant question: what type of property or jointly, it is necessary to translate an apartment after privatization? It depends primarily on your arrangement with households.Joint property - a variety of common ownership, in which the shares of each of the owners are not defined. That is, the co-owners own and enjoy common property on equal rights (unless, of course, the contract has not yet been established in other order).
Privatization of the apartment in general joint property is possible only when privatizing her spouses. In this case, co-owls can sell, give, give an apartment, but only with mutual consent. When the spouses are bred, for the joint ownership section, you need to change the legal regime of ownership. As a general rule, both spouse will receive equal collaboration of the apartment. If one of the spouses decides to sell its share of ownership, the other has the preferential right to buy a share compared to other buyers (this is enshrined in Art. 246 and 250 of the Civil Code of the Russian Federation). The price and terms of sale determines the one who decided to part with his share. Lawyers are advised to make a proposal to sell your share in writing and assure it notarially, and then convey to your former spouse (or spouse). Then it will be documented that you offered a spouse (spouse) to take advantage of the right of redemption.
In addition, the mandatory section of the joint property can be carried out in the case of presentation of claims by creditors to the share of the spouse in the apartment (paragraph 1st. 38 of the Family Code of the Russian Federation). The situation in the second spouse will be given the right of preferential redemption of the debtor's spouse. Finally, the property of the property must be made while inheriting the property of the deceased spouse who survived his spouse. This is especially important when heirs are somewhat, - in this case, the share of property for shares is necessary to determine the size of the property, which will receive each of those mentioned in the testament.
Let's say you plan to privatize an apartment not only on myself and a spouse (or spouse), that is, in the composition of those who are privatized, other people will be included (for example, your children or parents). Privatization in joint property a priori is impossible. Only one option remains: housing must be privatized into equity property. The equity regime suggests that the apartment will immediately be divided between privatizing equal shares. Votchchychi from the co-ownership regime consent co-owners to a transaction with the share of common property belonging to you is not required. If necessary, the stake in the apartment can be sold, give or bind. The main thing is to comply with the requirements of the legislation: remember that the right of preferential purchase belongs to your neighborhoods.
Prepare documents
To privatize the apartment you will need to assemble the following package of documents:
Originals and copies of passports of all registered on the privatized area, including children from 14 years old (for operating officers and officers of stockpits of the officer IDs or certificate from the military registration and enlistment office, containing the details of this document);
Copies of the birth of all minors who are registered in a prevailing dwelling (even if they have already been 14 years old and they have already received a passport);
originals and copies of documents confirming the change of surname, name, patronymic (for example, marriage or divorce certificates);
If necessary, a certificate that any of your households previously lived in another region of Russia did not use his right to privatization there (a person registered in any region from September 1991. in December 1997, this certificate receives in BTI at the place of residence, after January 1998- in the regional department of the Federal Registration Service);
For foreign citizens participating in the privatization process - a certificate confirming the permanent registration at the same place of residence, indicating the address of living before moving (and in the certificate there must be a mark that the tenant "retired for permanent residence in the Russian Federation", and The city is indicated, for example, Moscow). IPomnote that such a document must be used, that is, order an official transfer of reference and assure it with a notary (most often notary offices and firms involved in the provision of apostil services work together);
A written refusal in the event that someone from the tenants of your apartment refuses to participate in privatization (the refusal must also be certified by the notary; if necessary, it can be invited to the house). Failure must be compiled in favor of all participating in the privatization of residential premises. Or refusing can personally attend the signing of an apartment transfer agreement, then the written refusal is not needed;
Originals of documents for an apartment (order, exchange order, dwelling passport, extract from the disposal of the Department of Housing Policy and Housing Fund of the City of Moscow on the provision of residential area in the right to use and social employment) - will need a script, and two copies. If you are lost a warrant, you need to get a certificate of despite that the order is not preserved. The certificate itself confirming the ownership of the apartment will issue a city archive (in Moscow, the central archive is located at: st. Trade union, 80). In addition, an extract from the minutes of the meeting of the Housing Commission of the Prefecture at the location of the privatized premises on the resolution of privatization without a warrant is necessary;
An extract from the house book (with information on citizens registered on this area from the moment of receipt of the order) in two copies. If someone from the family members was discharged by the court decision, it is necessary to provide a photocopy of this decision;
Two instances of a financial personal account. Listening to the death of a responsible apartment before the end of the privatization procedure will not change. However, the personal account must be translated into someone from adults registered in the apartment;
References and copies of a floor plan and explication, certified by BTI;
Copies of payment of utility services for the last 3 months.
It should be noted that the list of documents can be expanded - it all depends on the specific situation. For example, in the case of the death of a responsible apartment or one of those who lived in the apartment will need a certificate of death.
In case you have already privatized the apartment, but lost a document confirming the ownership of the residential premises, it is necessary to get it duplicate. It is necessary to contact the registration chamber of your region.
You can only use the right to privatize only once, therefore, according to Art. 7 Decisions of the Committee of the Russian Federation on the municipal house "On approval of an exemplary provision on the free privatization of the Housing Fund in the Russian Federation" should be submitted a certificate confirming that there was no previously right for the privatization of housing. Thus, any member of your family, who has already privatized the living space, will not be able to take the right to privatize the secondary.
Remember that queues for the documents necessary for the passage of all privatization procedures are growing. Regardless of whether you will receive documents on your own or trust it by specialists, you will spend on the passage of formalities from 3 months to 1. That is why, given the changes that will occur soon in the privatization procedure, try to make a decision on time to save your own money and time.