Receiving a document

• The document is drawn up in any form in compliance with the following structural features (description of the privatization object, listing the rights and obligations of the parties, liability for non-compliance (with legislative references), additional conditions, details of the tenant and the administrative body that transfers ownership to a specific person);

The agreement is drawn up in two copies, one of which remains in the hands of the tenant, and the second is transferred to the local administrative authorities.

When drawing up a contract yourself, it is recommended to use a sample document.

The drawn up agreement requires the assurance of the parties to the agreement. In this case, the participation and signature of a notary specialist is not required by law.

How to restore the contract for the transfer of ownership of an apartment

• return of the apartment to the ownership of the state or municipality;
• in some cases, a citizen is considered not to have used his right to privatization (if the transaction is recognized as such due to circumstances beyond his control and without his guilty actions).

Is it possible to cancel the privatization of an apartment? After registration of ownership of an apartment, which was previously owned by the state, it imposes a number of obligations. For some citizens, they become beyond their power. In this connection, there is a voluntary transfer of privatized housing back to the state. Upon a personal application from a citizen to the local administration, a process of deprivatization (deprivatization) of housing is possible.

How and where to restore?

The need to restore the apartment privatization agreement and obtain a duplicate of it arises in the following cases:

• Lost document;
• Damage to the document (torn, dirty, unreadable).

To obtain a duplicate document, you must contact the Housing Policy Department.

Graduated with honors from the Faculty of Law. Since 2006, she has specialized in controversial issues related to inheritance and donation.

The loss of real estate documents entails hassle when contacting various departments. However, this is not always as problematic as it seems.

This article will discuss ways to restore a privatization agreement if it is lost.

Where to go for recovery

The issuance of a duplicate of the documentary act of privatization falls under the category of municipal services. The owners of residential real estate or their heirs can apply for it directly.

1. To restore a lost contract, you need to contact your local BTI office indicating the reason for the loss of the document. Moreover, all residents who participated in the privatization and were indicated in the agreement must do this.
2. If previously the ownership right on the basis of a privatization agreement was registered before 31.01. 1998, then in order to conduct a transaction with privatized real estate, you must contact Rosreestr or the MFC for an extract. This paper will confirm the right to own the apartment. It includes information about the owner/s and the property itself. Next, you should contact the archives of the local administration where the privatization agreement was concluded or an agency dealing with similar procedures. A copy of the agreement always remains there. A duplicate is issued on the basis of an extract from Rosreestr or a certificate from the BTI.

How to restore documents for an apartment: instructions

It is also a violation for a person to sign an agreement under the age of 14 or a person between 14 and 18 years of age without the consent of his parents.

• The agreement was signed by an incapacitated citizen. It is important to know that a citizen can be declared incompetent only by a court decision. Accordingly, this decision must be presented as evidence.
• Participation of a citizen who has already used his right to privatization once.
• If such a transaction was completed in the absence of persons not temporarily residing in the privatized apartment, and they were not included in participation in this type of procedure.

Price

When applying for the restoration of a contract for the transfer into private ownership of residential real estate previously owned by the state, you must pay a state fee to the BTI, according to the established tariff in each individual region. Payment is made through the cash register of the institution itself or by receipt at the bank.

The amount of the state fee for issuing a duplicate in the privatization department of the local administration is set depending on the rate approved in the region or by the municipal government itself.

Sometimes this service is provided free of charge.

When they refuse to issue a duplicate

There are no grounds for issuing a copy of the privatization agreement if the specified conditions are met.

However, they may occur if:

• the applicant did not provide the required papers, or their contents are untrue, or mistakes were made that are contrary to the law;
• if an application for restoration of the privatization agreement was applied by a person who is not the owner of the property or his heir, or who does not have a power of attorney to carry out these actions;
• in the case when the privatization agreement was not carried out through the housing department of the municipal government, and there is no duplicate of it in the archive.

Refusal to provide municipal services is always motivated.

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal profession, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

• The document on the privatization of an apartment is lost, how to restore it, and what is needed for this?
• The documents on the privatization of the apartment were lost. How to recover?
• The document on privatization of the apartment was lost. How can it be restored? Thank you.
• How to restore documents on the privatization of an apartment

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

1.1. Order an extract from the Unified State Register of Real Estate, in which you will see who owns the apartment. If the apartment belongs to the testator, then order a duplicate of the ownership document and enter into inheritance rights.

1.2. It is possible to enter into an inheritance upon acceptance.

Article 1152 of the Civil Code - 4. An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir's right to the inherited property, when such a right is subject to state registration.

1.3. Dear Yulia Vladimirovna, in this case, information about privatization should be in the Unified State Register of Real Estate. Request an extract from the Unified State Register from the MFC or Rosreestr.

2.1. No, it’s not necessary, since all the information is entered into the Unified State Register, then you can contact the state. authorities for an extract of ownership from the Unified State Register of Real Estate. Such an extract is now a document of ownership. Evidence is not used.

3.1. Alexei. I think that city lawyers do not have such practice. To find out the answer to your question, you need to contact the Rosregister. If they refuse you, then you will need to recognize ownership through the court.

4.1. What do you mean by - allocate a share? If you mean allocation in kind, this is impossible; you can only determine the procedure for using the apartment.

4.2. How to allocate a debt (part) of common shared property - what to do step by step? Unfortunately, the documents on the privatization of the apartment were lost.

Draw up an agreement between the common owners and submit it to Rosreestr through the MFC.

5.1. Nothing will be possible. You can only go to court with a claim to determine the procedure for using the apartment. Article 247 of the Civil Code.

6.1. Actually, it is necessary. The final decision depends on the notary. At the request of a notary, Rosreestr can obtain information about the contents of title documents for an object.

6.2. Only proof of ownership is sufficient.

7.1. The administration archive will also contact you to receive a duplicate.

Duplicate of the agreement for the transfer of ownership of the apartment

Ownership under a privatization agreement In accordance with the civil legislation of Russia, ownership of a real estate object arises from the moment of state registration of the right and an entry about this is made in the Unified State Register of Rights. That is, having received and signed a privatization agreement, a citizen does not yet become the owner of the residential premises. So, the final stage in the process of apartment privatization will be the submission of the privatization agreement and all necessary documents to the Rosreestr Office.

Next, his employees will conduct a legal examination of the documents provided to register ownership rights. On the basis of which an extract from the Unified State Register or refusal of registration will be issued indicating the reason. In the case where the property is shared, the title document (extract from the Unified State Register) must indicate the size of the share of each co-owner of the apartment.

The document on the privatization of an apartment is lost, how to restore it, and what is needed for this?

8.1. contact the BTI (if privatized before 1998) or the Rosreestr, if privatized later.

9.1. No. Only if the buyer wants to find out the history of the acquisition of this apartment, then these documents may be needed. But they are not required for the transaction.

10.1. You can restore it to the administration at the place where the apartment was privatized.

10.2. Using this copy, you can request a duplicate from the district administration. That is, the same agreement, only with living seals.

12.1. File a claim for recognition of ownership rights through the privatization of residential premises. State duty 300 rub. Attach certificates about the absence of an apartment in municipal ownership, a certificate from the BTI about non-use of the right to privatization, an extract from the Unified State Register, an apartment card.

12.2. Claim for recognition of ownership of residential premises through privatization, need help - contact us, Zavolzhye.

12.3. Initially, contact the local administration with an application for concluding a social tenancy agreement and an application for transferring ownership of the apartment through privatization, and receive a written refusal.

Then take an extract from the Unified State Register from Rosreestr. If you have such documents indicating that the apartment does not have an owner, apply to the court with a claim for recognition of ownership rights through privatization.

13.1. You must first obtain a duplicate of the title document. It is most important.

13.2. It’s not enough, you need to get a duplicate certificate.

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Refusal from privatization: procedure and consequences

If one of the persons decides not to take advantage of the opportunity to obtain ownership of housing, it can be registered in the name of other citizens registered in it. The application must be certified by a notary. Refusal of privatization does not deprive citizens of the opportunity to use the premises. However, the law provides exceptions to this provision. So, according to Art. 31, part 4 of the Housing Code, in cases where family relations with the owner are terminated, the right of use is not retained, unless otherwise provided in the agreement.

Privatization of residential premises allows a citizen to dispose of them at his own discretion. Own real estate can be rented or leased, sold, bequeathed, donated, exchanged, or made other transactions that do not contradict the law. At the same time, after privatization, a citizen acquires a number of responsibilities. In particular, the owner bears the burden of maintaining the property in full. According to the provisions of the Tax Code, he is obliged to pay tax on the area he owns. Its calculation was previously carried out in accordance with the inventory value.

This is interesting: Step-by-step instructions for the privatization of state unitary enterprises in joint-stock companies

Where can I get a duplicate of the privatization agreement?

1.1. The contract does not provide for receiving a “duplicate”; you can only be given a copy of the contract. To obtain a copy, you should contact the housing department of your district administration.

2.1. Tatyana, we can ask the notary for a certificate about the establishment of an inheritance case, stating that you are an heir, after which you will be provided with documents for registering the inheritance.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

2.2. Yes, you can obtain all the necessary documents only by submitting requests from a notary, which will indicate that you are the heir after the death of your father.

3.1. Privatization in 1993 for 1/2 share of the deceased father and grandmother. We are entering into an inheritance. The transfer agreement was not found. Where can I order a duplicate? We received the request from notary Fedorchenko.

Look in the BTI authorities, they carried out accounting and registration. certificates were issued.

4.1. It is quite possible that the exchange agreement was certified by a notary. If this happened in Krasnoyarsk, then go to the archive on Yakorny Lane, 14. Notarial files should also be there.

5.1. Anna. Yes, you have the right to write applications with the documents you have, the main thing is not to miss the 6-month deadline for submitting the application to the notary. The remaining documents can be obtained independently, or through a request from a notary.

5.2. You can submit an application for acceptance of inheritance to a notary within six months without documents for the apartment. You can receive a duplicate of the agreement and an extract from the Unified State Register later from Rosreestr.

6.1. Where is the original privatization agreement currently located? Good luck and all the best.

6.2. It is necessary to proceed from the information specified in the contract for the transfer of housing into the ownership of citizens. If it is missing, it means it did not participate in privatization.

6.3. Dear visitor Of course, you need to look not at the contract, but at whether it was registered in the apartment at that time. Good luck to you in resolving your issue.

7.1. Dear visitor! In this case, I don’t see any violations; minors have been required to participate in privatization since 1994. All the best, I wish you good luck!

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

7.2. — Hello, you were answered correctly, the mandatory inclusion of children in privatization was adopted in 1994. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.: sm_ax:

8.1. if your neighbor has lost the issued agreement on the transfer of municipal housing into ownership, but has not yet managed to register her rights with Rosreestr, you can restore the transfer agreement at the territorial office of the housing policy department.

She should contact the specified authority with a statement. Let him indicate that the contract has been lost or has fallen into disrepair, and the ownership rights under it have not yet been registered.

Within one working week, she will be given a duplicate of the second copy of the document, which is stored by the owner of the property, which is the department. And if, when registering property rights in Rosrestr, then she is obliged to present all the documents prepared for privatization.

These include an agreement on the transfer of municipal housing into your ownership. The original document remains with her, a photocopy is sent for archival storage after the procedure for registering property rights.

To receive a duplicate taken from a photocopy of a document, she should contact Rosreestr or the MFC with an application and a receipt for payment of the state fee for the services provided for issuing information and a duplicate from the archive. The deadline for issuing a document in different regions may vary, but in any case does not exceed 30 calendar days from the date of your application.

Based on her application, she will receive a duplicate of the agreement on the transfer of municipal housing into ownership.

9.1. It is necessary to find out why the error occurred, if it is connected with a change of surname, then it is enough to provide a certificate of change of surname; if the mistake was made by the authority, then they must correct it at their own expense.

9.2. You can receive a corrected document only from the Land and Property Administration in the Primorsky Territory. If they refuse to correct it, you will have to file a lawsuit against this Office for the obligation to issue you a corrected document.

10.1. Natalia! They can help you in this matter at the archival institution, where the privatization authorities and the BTI were required to submit long-term storage documents.

I advise you to contact the site’s lawyers via personal email; they will help you solve your problem, suggest ways and means to solve it, and draw up the necessary documents. You can successfully resolve your issue with legal assistance.

Thank you for using the site's services!

10.2. Natalia! You need to contact the municipal authority that was responsible for the state registration of contracts on the date of privatization of the apartment or the BTI. With respect and readiness to help, STANISLAV PICHUEV.

10.3. Contact the district administration or the BTI with a request to provide you with a copy of the agreement. Best wishes.

10.4. Contact the Bureau of Technical Inventory, they should have information about privatization. If they do not have an agreement, go to the city archives also with a request for information and a copy of the privatization agreement. If there is no agreement there, then go to court to recognize ownership rights.

11.1. I need to get a certificate stating that I did not receive a duplicate of the privatization agreement of 1993 in the Moscow region. Where can I do this? Good afternoon A duplicate can be obtained from the administration at the location of the apartment.

12.1. the administration must issue you a duplicate of the privatization agreement within 30 days from the date of your written request.

12.2. If you contact the administration with any application, you must be provided with a response to this application within one month.

12.3. After submitting an application to the administration, you will be able to receive a duplicate of the privatization agreement - no later than thirty days.

13.1. You can obtain a duplicate of the apartment privatization agreement from the State Budgetary Institution “Gorzhilobmen” at the address: st. Bronnitskaya, 32 based on a written application.

13.2. A copy of the privatization agreement can be obtained from the Administration of the district where the apartment is located. Also, copies of documents are stored on the NETWORK if privatization took place before 1998 or after 1998 in the Rosreestr Office.

13.3. Where can I get a duplicate of the agreement on the privatization of an apartment in the Kalininsky district of St. Petersburg.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Rosreestr has a second copy of the agreement, contact there. If the apartment was privatized before the creation of Rosreestr - to the property fund of your city.

For more than two decades, Russians have had the opportunity to obtain free ownership of an apartment previously allocated to them under a social tenancy agreement. This process is called privatization.

As a result, the owner receives a contract. Like any document for an apartment, you should take care of it. It is advisable to have notarized copies of it and store them separately from the original in case of its loss.

However, there are situations when the contract is lost or it is not possible to present the original. This article will tell you what an apartment privatization agreement is, where to get a duplicate, how to request a copy, and why it is needed.

Revolution! Those who refuse privatization can now be discharged

The Supreme Court indicated that the superficial consideration of such cases by lower courts was incorrect, the established ban on the discharge of those who refused privatization and the preservation of their right to use an apartment (in fact, eternal) is contrary to the spirit of the law and cannot be absolute, which is completely contrary to previously existing practice and makes it possible fight for your rights and discharge an unscrupulous tenant.

Of course, all of these disputes are purely evaluative in nature and convincing the court of the need to forcefully deregister a relative is not an easy matter, but! Until September 1, 2014, going to court to get someone who refused privatization out of their apartment was just not stupid; there was a legally enshrined prohibition that was not challenged by anyone and was not questioned by anyone. Lower courts issued refusals to satisfy such claims and it seemed that there was no more hope.

This is interesting: Refusal of a share during the privatization of an apartment

Where will the agreement be needed and why should it be restored?

The full and correct name of the document, which will be discussed further, is an agreement for the free transfer of residential premises into the ownership of citizens. In practice, it is more often referred to as a privatization agreement.

This is the main document confirming the agreement and the transfer of ownership of the apartment, which belonged to the tenant under a social tenancy agreement, to such a person as the owner. It is concluded between an employer or several employers on the one hand and local governments on the other.

You will have to apply for a change in contract in the following cases:

1. loss of document,
2. severe damage to it, which prevents it from being accepted by a notary or government officials,
3. conducting inheritance business after the death of the owner,
4. after changing the owner's name.

Attention! This document will be required for transactions with an apartment and in all other situations when it is necessary to confirm the basis for the emergence of ownership rights. If for some reason you do not have this document on hand, you will have to restore it.

The contract can be renewed an unlimited number of times per year.

Registration procedure

The procedure for drawing up the Agreement is regulated by Article 161 of the Civil Code of the Russian Federation and the Privatization Law. It is compiled by specialists from private organizations or administrations.

It should include the following items:

1. Information about the property (address, square footage, number of rooms, etc.).
2. Data of the parties involved (employers and local governments).
3. Information about the participants in the transaction.
4. Information about the owner of municipal housing.
5. Information about the document on the basis of which tenants live in the apartment (Order, Social Tenancy Agreement).
6. Information on the distribution of shares (when registering an apartment as shared ownership).
7. Responsibility of the parties.
8. Conditions for the transfer of housing ownership to individuals.

This is important to know: The rights of those who refuse to privatize an apartment

The document is sealed , stamped by the administration and certified by the signatures of the parties. The number of copies must match the number of those concluding it.

What does an apartment privatization agreement look like? You can see the photo here.

Where to go

There are several ways to restore a lost document after loss. To do this you can contact:

• directly to the BTI at the location of the premises,
• to the local multifunctional center (hereinafter referred to as MFC).

On the government services website in some regions you can find a link to the possibility of restoring the privatization agreement, for example https://www.gosuslugi.ru/23553/1/info.

The portal itself does not provide any service, but redirects the user to the local administration resource. The minimum required information on the service is also provided here.

On the website of the local government you can learn in detail about the procedure for document restoration and the reception schedule. You will still have to visit the institution in person and only during reception hours.

At the moment it is not possible to obtain the document. As a result, it turns out to be much easier to do this through the MFC or BTI.