What is deprivatization
The concept implies the process of transferring ownership of an apartment from a private owner to government agencies (usually municipalities). A citizen migrates from the category of owner of a house or apartment to a tenant of the premises.
There are 2 forms of real estate alienation procedure:
- As a result of a court decision.
- By voluntary agreement of the parties.
There is no concept of deprivatization as such in the legislation, however, the algorithm for alienation by property owners is spelled out in detail in several legal acts.
Let's sum it up
After deprivatization, a citizen loses the right to re-privatization (with the exception of minor children) and to dispose of the apartment at his own discretion (rent, pledge, sale), but retains the right to use the apartment indefinitely on social rental terms. It is possible to transfer an apartment into the ownership of the municipality if a number of mandatory requirements are met: the apartment is the only dwelling, it is not under encumbrance, no redevelopment has been carried out in it, and most importantly: all residents must agree to voluntarily renounce ownership of the apartment.
Reasons for returning to renting housing
The main reasons for voluntary renunciation of real estate ownership lie, first of all, in financial difficulties.
Unbearable tax burden
From 2020, the calculation of tax on private property will be calculated based on the cadastral valuation of the property, and not on the basis of the inventory value, as was the case before. In addition, the authority to determine the final amount of payment is delegated to local self-government bodies of the constituent entities.
It is well known that the cadastral valuation is really close to the market value. It is possible that with innovations in tax legislation this estimate may increase. And even taking into account the 5-year gradual transition to the new tax system, for low-income people the payment may become unaffordable even if they own modest housing.
Social renting of an apartment relieves the tenant from paying property tax.
Payments for major repairs
Switching to the status of an employer will relieve the citizen of the need to make this payment. The legislation obliges municipalities to pay the tenants' share of the capital repair payment item. Any repairs, including thermal communications in the apartment, are carried out by government agencies.
Significant reduction in utility bills
Living in an apartment on the basis of social rent significantly reduces the tenant's expenses for utilities.
Improving living conditions
This point is somewhat controversial. If a building is declared unsafe, the state guarantees the tenant the provision of new housing based on social standards (18 “squares” per person). If the employer lives in a 9-meter room, then the benefit from the situation is obvious. But when living in a 5-room mansion, you will have to move out to the standard living space.
Under the same conditions, municipal authorities are obliged to provide equivalent housing to the property owner.
Protection from “black” realtors
In accordance with the law, a tenant does not have the right to alienate a social apartment. Consequently, it is very difficult to carry out any fraudulent transactions with state apartments. This advantage of rental apartments is relevant for elderly single citizens.
Transfer of housing to the municipal fund - legal instructions
If previously such a legal move required a court decision, now, for example, a refusal of private ownership of real estate in a pre-trial manner. This opportunity was provided to citizens after May 20, 2002, when Article 9.1, discussed above, was added to the privatization Federal Law.
The initiator of the real estate transfer process is only the owner of the property. The procedure is as follows:
- Decision making and technical preparation of the apartment for delivery.
- The owner's appeal to executive authorities or local government (departments or departments for housing and migration policy, etc.).
- Writing an application in the prescribed form.
- Collection of documents.
- Transfer of real estate to the municipal housing fund.
- State registration of an agreement between the municipality and the owner (already former) on the transfer of an apartment.
- Drawing up a social rental agreement for premises with residents registered in the apartment (only with those who do not own any other housing).
The final decision is made by the executive branch within 2 months from the date of registration of documents. The deadline is prescribed by law, so any red tape beyond the norm is a violation.
Before handing over an apartment to the state, it must undergo minimal cosmetic repairs (if its condition is unsatisfactory). If there is a minor redevelopment of the apartment, everything needs to be arranged properly. It is likely that if there is an unauthorized reconstruction of the premises, you will have to pay a fine.
In case of voluntary abandonment of real estate, one must “measure seven times, and then only cut off”: repeated free privatization is not available. Once a citizen exercised this right (Article 11 of the privatization law), and now even the apartment in which he continues to live will have to be purchased from the state.
But members of the owner’s family who are under 18 years of age at the time of participation in deprivatization will be able to exercise the right to receive an apartment for private ownership free of charge from the state.
On the peculiarities of purchasing municipal housing
First of all, this is due to the fact that, taking into account official information, in 2011 municipal housing was awarded to citizens who had been on the waiting list since the 89-90s. Persons wishing to join the queue today must provide certain evidence indicating their relationship to the category of low-income people.
And those who are on the waiting list for housing now will have to provide documents that can confirm that they belong to the category of low-income people.
When contacting agents, you will need more money. Organizations set their own prices, so it is worth studying the offers of various companies and choosing the most acceptable option. The cost is determined by them depending on the complexity of the case and the number of documents required.
The main feature of the new housing standards is the fact that citizens, precisely due to their financial insolvency, cannot buy the necessary housing.
Based on the application, a commission is assembled to examine the living conditions of the applicant family to verify the authenticity of the information provided. After this, within 30 days, the commission decides whether it is possible to rent an apartment from the state in this case.
It is important to understand that municipal housing is primarily provided to the poor on the basis of a social tenancy agreement. Second on the list are not the low-income, but those living in an apartment and having an area per person that is less than the standard established in the region
In third place are citizens living in this apartment (not low-income and not in need of housing).
Then it is possible to carry out the sale by organizing an auction. In this case, you can register as an auction participant and try to buy a home.
In accordance with the Civil, Housing Code, government decree, when selling a room in a communal apartment, the owners or tenants of the remaining rooms have the opportunity to exercise the pre-emptive right to purchase.
Even if you are lucky enough to become the owner of a 3-room municipal apartment, you will not have to count on 13% of its cost.
Thus, the new norms of the Housing Code give preference only to low-income citizens of the Russian Federation. It does not matter that they, for example, live in a privatized apartment. The responsible tenant must initiate the process of privatization of the apartment. You can buy an apartment in the name of any resident registered in it, at your request, for one or several at once.
Documentation
The list of documents provided to the municipality includes:
- Title document for real estate.
- Legal confirmation of the absence of encumbrances and restrictions on transactions with the apartment.
- Certificate of citizens registered in the apartment from the passport office.
- Passports (birth certificates for minors) of registered residents.
- House book (or extracts, certified copies of sheets).
- Technical passport of housing.
- Receipts of paid application registration fees.
It is possible that copies of rent and utility bills for the last billing period may be required. If there are debts, it will be necessary to conclude agreements for restructuring the unpaid amount.
Nuances of voluntary transfer of an apartment
Any legally significant actions with real estate have a lot of reservations and subtleties that must be taken into account.
The main points concern:
- Minor residents.
- Shared ownership of real estate.
- Deprivatization without the consent of the owner.
How to deprivatize housing with a registered minor
When minor children (as well as disabled people) are registered and living in an apartment planned for transfer to the municipal fund, there is a nuance in the procedure algorithm. In addition to the above package of documents, permission from the guardianship authorities will be required.
Share in an apartment
Housing legislation provides for shared ownership of real estate. Here it is necessary to obtain the consent of the owner of each share, otherwise deprivatization will be refused. The rest of the procedure algorithm does not differ from that described above.
Deprivatize housing bypassing the owner
If the apartment “managed” to be transferred to the municipal fund without the consent of the owner, then such a transaction is declared invalid, and the apartment is returned to the owner on the same basis.
Transfer of a service apartment into ownership
Such a framework was established due to the fact that the purpose of service apartments is not to solve the housing problems of citizens, but to the interests of employers. State employees For many public sector workers, privatization is perhaps the only way to acquire housing. But in order to carry out this procedure with a service apartment, the house where it is located must be transferred to municipal ownership.
In this regard, the new lessor is subject to the terms of the old contract. There is another opportunity for the privatization of official housing, which is described in the decision of the judicial panel on civil issues of the Supreme Court of Russia dated March 26, 2013 No. 5-KG13-14.
We recommend reading: Are pensioners entitled to a tax deduction?
Deprivatization through the courts
The transfer of real estate from private ownership to the municipality by court decision is carried out in cases where the privatization process itself was carried out in violation of the law:
- Violations of the rights of minor tenants and persons with limited legal capacity.
- Violations of the rights of other persons interested in accordance with the law.
- Use of fraudulent schemes.
- Application of pressure to participants in the privatization process.
- Unreasonable refusal of the executive branch to deprivatize.
Privatization can be challenged in court by:
- Citizens registered in the apartment at the time of ownership.
- A certain circle of interested parties.
- Guardians, representatives of minors and disabled people, guarantors.
- Supervisory authorities (prosecutor's office, guardianship).
- Government bodies (municipalities, other authorities).
It is possible to challenge the privatization result in court (filing a lawsuit) within 3 years after the apartment becomes private property. In exceptional cases, the law gives the right to exceed the stipulated time limits.
Judicial alienation of real estate into state ownership allows you to re-participate in free privatization of housing.
