How to find out whether an apartment is privatized or not

1

If 30 years ago a person had the opportunity to re-register a home for free, he simply would not have believed it. Under socialism, real estate was state owned. Currently, every citizen of the country has the right to own an apartment free of charge. The general transfer of housing into ownership began after the Law “On Privatization” came into force. Since July 1991 80% of citizens have already re-registered their apartments. The rest, for one reason or another, did not deal with this issue. However, before initiating the privatization procedure, it is necessary to obtain information about the status of the apartment. In which institutions you can obtain information about who owns the apartment and whether it is subject to conversion into private property, you will find out by reading our article.

Who has the right to know

First you need to understand who can apply for information on real estate. Since the right to property is enshrined at the legislative level, not every citizen will be provided with this information.

Requirements for the person requesting privatization data:

• reaching the age of eighteen;
• existence of an apartment rental agreement with the state;
• family ties with the tenant of the apartment;
• presence of a power of attorney (for representatives);
• obtaining the right to inherit property.

You can also request information about privatization:

• authorized bodies that issued housing.
• law enforcement agencies, but only in exceptional cases established by law.

In other cases, a person will not be able to obtain information about real estate.

Also, information will not be provided to residents of premises that are not subject to privatization. These include: apartments in emergency buildings provided for accommodation during military or government service, rooms in dormitories (unless a social tenancy agreement has been concluded).

How to find out if an apartment has been privatized in Rosreestr?

What makes this method interesting is that any individual or legal entity can request data and receive a response.

Read more: When to submit an income tax return for individuals

To do this you need to take the following steps:

1. Come to any branch of Rosreestr.
2. Have the necessary documents with you . To obtain information, you must have an identification document of the applicant (passport), as well as an application of a certain sample. You can write it when you come to the department.
3. Pay the state fee . The amount of the fee is small, the only difference is who applies, an individual or a legal entity. For the first, the duty will be less, and for the second, accordingly, a little more.

So, by contacting the department and filling out all the papers, a person receives information.

What information can be obtained in this way:

• The address of the object, as well as its location.
• Materials containing information regarding the owners of the object of interest. Their passport details, as well as the date of privatization, if any.
• Information about claims in rights to this property.

It must be said that this method is currently the most popular and in demand among citizens of the Russian Federation. But besides it, you can find out information about privatization from other sources.

Where to find out

If you are one of the people who have the right to receive information about the owner of the apartment, then you can begin to choose a method for obtaining such information. There are several of them, each has both pros and cons, so you need to act based on specific circumstances.

In Rosreestr

One of the most reliable ways is to go to the branch of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). Here you will need to fill out the provided application form according to the established template. It contains passport data, the most complete information about real estate, and also attach a document confirming your right to receive information. No later than 15 days later, you will receive an official document that will indicate the owner of the apartment, whether it has been privatized, and whether there are any encumbrances.

To obtain a certificate from Rosreestr you will have to pay a mandatory tax fee. In 2020 it is 300 rubles.

However, not all apartments have data from this organization. The state register database was created only 20 years ago, so the information contained in it is relevant for apartments that were re-registered after January 1998.

By receipt

The easiest, fastest and most cost-free way is to obtain information from the receipt for housing and communal services. The forms differ slightly in different management companies, but the general meaning does not change. In the housing type column the status will be indicated: privatized or not.

Unfortunately, this method is not always accurate and reliable. It happens that utility companies do not update information on time, and in some it may not be available at all.

In BTI

The BTI service can also provide a person with information about a real estate object. If there is no information in the Rosreestr, then the BTI archives will probably contain the information you are looking for. Data on privatized objects that have been re-registered since 1991 is stored here. until 1998

The citizen fills out an application, provides the necessary documents (passport, document on the right to use housing, certificate of inheritance, etc.), and pays the state fee. After this, the employee issues a statement of housing status. The cost and timing of issuing the document depend on the region of the country, as well as how long ago the transaction was concluded.

By the address

Another easy way to obtain information is to visit a settlement center and provide a social tenancy agreement. After looking at the address specified in the contract, the specialist will provide the necessary data.

The cost of such a service will not differ from paying the state duty for Rosreestr and will cost 300 rubles. The execution time varies from 5 to 8 days.

Through the Internet

A person with a personal computer and the Internet can easily obtain information about the desired premises.

However, there are difficulties here too. To generate a request, the user must have:

• digital signature;
• mobile phone or bank card to pay the receipt.

Having the opportunity to sign a document in the specified way, you just need to go to the official website of Rosreestr, to the section - extract from the Unified State Register on the transfer of rights to real estate, fill out the provided request form and wait for the result. In the dialog box, indicate your passport data, information from the rental agreement and information about the property you are looking for.

After filling out the fields, the applicant’s digital signature is inserted. Next, a letter with a code and the amount of the state duty is sent to the applicant’s email address. Payment can be made by printing a receipt or using a bank card. The cost of the service usually starts from 300 rubles.

The response in the form of an extract from the state register comes to the email address specified in the application within one month.

In the Unified State Register

The last option is to obtain an extract from the Unified State Register. After contacting the local government authority, the employee will provide details for paying the state fee, the amount of which will be 350 rubles. After payment, an application is drawn up and, together with a check and a passport of a citizen of the Russian Federation, is submitted to the Unified State Register office. The required information will be provided within 5 working days.

Ways to obtain information

How to find out whether an apartment is privatized or not? The apartment privatization transaction is a strictly regulated process, therefore information about it is contained in the relevant government organizations.

It is after contacting them that a citizen can receive information about the privatization of an apartment. Where can I find out whether an apartment is privatized or not?

Find out on our website about where to start the process of privatizing an apartment, to whom it is better to privatize it, how to correctly draw up an application and power of attorney for privatization, as well as refusal to participate in the procedure.

Look at the receipt

If you already live in an apartment or are moving into it after the death of a relative, study the receipt for payment of housing and communal services . You can navigate the status using the corresponding columns in the receipts.

How to find out whether an apartment is privatized or not based on the receipt?

The document for non-privatized housing will include the line “Rent” or “Social Rental”. If there is such a line and a fee is calculated on it, it means that the housing is municipal and its privatization has not been carried out previously.

In a privatized apartment, the owners pay a fee for the maintenance of common property . This type of payment is called “Maintenance of housing stock.” If the receipt for payment of housing and communal services contains such an accrual, it means that the apartment has already been privatized.

You can learn about the features of privatizing an apartment through an MFC or a realtor from our articles.

Request to Rosreestr

How to check whether an apartment has been privatized through Rosreestr?

All transactions made with real estate are registered in the Unified State Register or Rosreestr, so it is from these organizations that you can obtain reliable information about the status of the property.

You can contact this organization in person or online. Any citizen can obtain information by presenting his passport and paying a state fee from 200 to 600 rubles.

An individual will need to write an application and submit it to the organization along with a passport and a receipt for payment of the state fee.

A private organization needs to collect a package of documents consisting of the following items:

• constituent documents;
• extract from the Unified Register of Legal Entities;
• certificate of assignment of TIN;
• power of attorney from a citizen whose interests are represented by the organization.

How to find out whether an apartment is privatized or not by address via the Internet?

Through the Internet

How to find out whether an apartment is privatized or not via the Internet? If a citizen interested in this issue does not have time to visit the organization, you can use the Internet or send a request by mail.

To apply through the Rosreestr website, you will need an electronic signature that allows you to submit a request. Currently, you can obtain an official electronic signature by personally contacting the MFC established in each settlement.

To obtain the document, you need to go to the organization’s website and complete the following steps:

1. Select the desired tab “About registered rights...” and fill out the form that opens.
2. Select the desired option for receiving the finished document and enter the address.
3. “Customer Information” window .
4. Make a mark indicating consent to the processing of personal data.
5. Attach copies of the required documents.
6. Submit data for processing.
7. Receive a payment code by email.
8. Make a payment using the code. The money must arrive in the organization’s account within 10 days.

After completing these formalities, you will receive a certificate about the type of rights to a specific object , as well as about claims and encumbrances relating to it. The information is provided in the form of a link that is sent to the interested person’s email.

It is impossible to obtain information about the status of the premises interactively, without obtaining official access. In addition to confirming personal data, the user must receive a paid (from 250 rubles) access key .

Reliable information about the status of an object is available only when using these methods. You should not trust advertisements that promise to provide information from the official database. Such sites are fraudulent.

At the MFC

How to check whether an apartment is privatized or not through the MFC? Contacting the single window service is an alternative to obtaining information through Rosreestr. This organization is an intermediary between individual structures and citizens, so an extract from the Unified State Register can be obtained through it.

As in the previous case, the certificate-extract is a paid service . For individuals the cost is 200 rubles, for legal entities – 600 rubles. Any person who has a reason to do so can receive an extract.

At the MFC you need to write an application, attach a receipt for payment of the state fee and present your passport. Legal entities will need to provide the same package of documents as when applying to Rosreestr.

The document processing time is 3-5 days . After this time, you will need to come to the organization in person and pick it up.

Contacting the BTI

How to find out whether an apartment has been privatized in the BTI? If the privatization of the apartment was carried out before 1998 , then information can be obtained exclusively through the BTI.

It was this organization that at that time dealt with issues of registration of real estate transactions.

Unlike the Unified State Register or Rosreestr, this organization does not provide information to all citizens who apply, but only to those who have legal grounds for this. The following persons can obtain a certificate about the object:

• owners of the property and their authorized representatives;
• heirs by law or will;
• judicial or law enforcement agencies;
• authorities having jurisdiction over these objects;
• tax and statistical services.

The issued certificate is an official document containing complete information about the property, including the date of privatization.

The procedure for issuing a certificate depends on which territorial office the citizen applies to, so there is no deadline for registration. In this regard, it is impossible to name the exact price of document execution.

By the address

How to find out about the privatization of an apartment at the address? This method of obtaining information is acceptable if there is no need to have an official document. A citizen can contact the settlement and information center . True, the law prohibits providing such information to everyone.

But employees of these organizations report them, contrary to the ban. The information will be accurate, although not official . This method is usually used by people living in an apartment and thinking about privatizing it. Before starting the process, it is worth making sure that the housing is indeed municipal .

Thus, you can obtain information about whether a specific apartment has been privatized in different ways. Depending on the purpose of receiving them, each person can choose the most suitable one for him.

Where can I get information?

If the plot or apartment has been privatized, then the relevant data should be stored in the local Rosreestr.

To obtain information, you will need to collect a package of documents , as well as provide compelling arguments according to which you require this information.

There are the following privatization data

• Submit a request to Rosreestr;
• Write an application to the BTI (Bureau of Technical Inventory).

Issuance of information from Rosreestr

You can find out about the privatization of an apartment not only from Rosreestr, but also from the Unified State Register of Rights to Real Estate and Transactions with It, abbreviated as EGRP . To obtain the necessary information you need :

• Contact the nearest Rosreestr office. Submit an application (if you have a passport) with a request to clarify the privatization data;
• Pay the state fee . For individuals - 200 rubles , for legal entities - 600 rubles ;
• Submit a request for information to the official website of Rosreestr.

Please note: in order for the application to receive the “accepted” status, the client must provide an electronic signature and pay a state fee. Only after completing all these steps, the required extract will be sent to the specified email.

Good to know: the law does not limit the right to receive privatization data, so anyone has the right to submit an application, regardless of their relationship with the owner of the apartment.

The application processing period is 3 days, after which the applicant is issued an extract from the Unified State Register. The document is valid for 30 days from the date of issue.

Answer from BTI

obtain a certificate about the condition of your home from the BTI (Bureau of Technical Inventory). The following have the right to receive information :

• The owner of the property and his authorized representatives ;
• Heirs and legal successors of the owner of the property;
• Government bodies : judicial, law enforcement, tax and other government agencies that have the legislative right to receive up-to-date information.

The received certificate must contain reliable information about the status of the housing, who is its owner and the date when it was privatized. Each territorial branch of the BTI has its own procedure for issuing documents, so there are no fixed deadlines for providing data, everything is done on an individual basis.

To obtain more detailed information about what documents , you need to contact the BTI department where the data is stored.

Find out if everyone participated in privatization

How to find out if everyone participated in privatization? When supporting real estate transactions, it is necessary to check the legal risks of the transaction. One of the main risks when purchasing secondary housing is claims for the award of a share in the apartment to persons who did not participate in the privatization of the purchased apartment. Such a statement of claim can be filed even after the apartment has already been sold and even if the apartment was not privatized by the current owners-sellers (we ourselves have filed such a statement of claim many times and everything is quite successful). To put it simply, if at the time of privatization someone did not participate in privatization, then this is already your problem, and a big one. Therefore, if you buy an apartment on the secondary market, then you simply need to find out whether all registered persons at the time of privatization participated in the privatization itself. If not all of them participated in the privatization, then they also have the legal right to sue you for their share in the apartment.

How to completely protect yourself?

It is necessary to study the entire history of the apartment. Only those persons who were registered in this apartment could privatize an apartment. Accordingly, it is necessary to find out the exact date of privatization and the list of persons registered in the apartment by this date.

To find out this information you need to obtain the following documents:

• an extended extract from the Unified State Register of Real Estate on the transfer of rights - it will show who owned this apartment and when;
• an archival extract from the house register - will show who was registered in this apartment and when.

The above documents can be provided to you by the owner-seller of the apartment, but the owner is an interested party and can falsify these documents, so it is better to collect information yourself or with the help of lawyers. With this information you can find out whether everyone participated in the privatization

This service in Moscow costs 15,000 rubles. Along with two documents, you receive written advice from a lawyer on the legality of privatization.

When buying an apartment, the buyer bears increased risks, since

• It may be difficult to return money given to the seller;
• there is a risk that a complete stranger will receive a share in your apartment (a person can justify his impossibility of participating in privatization by the fact that he was a minor, was away, served in the army, was treated in a hospital, etc.)
• It is usually not difficult to see the physical flaws of an apartment (flooding, poor-quality repairs, deterioration of the apartment building itself), but everything related to the legal aspects related to the apartment can become an unpleasant surprise after purchasing the apartment.
• you need to find out whether the apartment is legally privatized;
• it is necessary to find out whether everyone participated in privatization.

It is necessary to note one more risk associated with the purchase of a privatized apartment. During privatization, a person who does not want to participate in privatization may refuse privatization, but such a person retains the right to use the apartment for life. Therefore, before registering the purchase and sale agreement, it is necessary that, in accordance with the terms of the agreement, such persons voluntarily withdraw from registration.

When checking persons who refused privatization, first of all it is worth paying attention to those citizens who at the time of privatization had not reached the age of majority. They could refuse privatization only if they had permission from the guardianship and trusteeship authorities.

As an example, let's look at one of the cases from our judicial practice. The Moscow City Court recognized the decision of the lower court as legal, justified and irrevocable; the question was whether the apartment was legally privatized and whether everyone participated in the privatization.

Circumstances of the case: the prosecutor filed a claim in defense of S. A., the Moscow city property department and Sh. ½ share for S.A.

Sh. S. Received permission to conclude an agreement for the transfer of residential premises from the guardianship commission, taking into account the rights of S. A., since S. A. was incompetent. Sh. S. filed an application for the privatization of residential premises (that is, to conclude an agreement for the transfer of residential premises) without taking into account the interests of S. A. The residential premises were privatized. Subsequently, Sh. S. sold the said apartment to citizen G. D.

The court of first instance satisfied the prosecutor's claims, recognized S.A.'s ownership of the residential premises in the amount of ½ share, and declared the contracts of sale and transfer of residential premises invalid.

The court made the following conclusions:

1) for the privatization of residential premises, it is necessary that all adult family members of the tenant of the apartment give consent to this. In this case, S.A. lived in the apartment until the moment of privatization, and had the right to a share in the specified residential premises

2) guardians and trustees for persons placed in medical institutions are not appointed; medical organizations act as guardians and trustees. In this case, the guardianship commission of the medical institution allowed the privatization of the apartment, but taking into account the rights of S.A.

3) a transaction concluded in violation of the law and violating the rights of third parties is void. In this case, there was a violation of the requirements of the legislation on privatization; the interests of the incapacitated S.A. were not taken into account.

Based on the example given, the victim turned out to be citizen G.D., who bought an apartment from Sh.S., and before purchasing the apartment, the legal risks were not checked, and it was not checked whether everyone participated in the privatization.

Thus, when purchasing a secondary home, you simply need to study the history of the apartment, find out whether everyone participated in the privatization, and whether the apartment was legally privatized.

Share on social networks