Registration of real estate ownership
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Privatization is commonly understood as the process of transferring property, usually real estate, into private ownership from municipal or state ownership. At the same time, privatization also acts as a basis for the transfer of rights to the transferred property.
The transaction is formalized by a special agreement, which is concluded with citizens by a state body authorized to dispose of state property.
Transferring housing to citizens is one of the areas of privatization. It was started back in 1991. Initially, it was assumed that only a few years would be enough for everyone to receive ownership of the apartments they occupied. However, then the deadlines were revised several times, and in 2020 it was decided to make housing privatization indefinite.
Every citizen who occupies an apartment of a municipal or state fund and is registered in it has the right to once receive these square meters in ownership absolutely free of charge. The presence of other real estate in the property does not matter.
Anyone can exercise their right, the main thing is that they have not previously participated in privatization. This fact is confirmed by a special certificate.
An exception is made only for those who received their share in the apartment as a minor. As adults, they can participate in privatization again.
Production time
The total period for collecting the package is the sum of the time of receipt of each document. A certificate of non-participation in privatization is issued within 8-10 working days . If you order an extract from the USRN, you will have to wait 3-4 days .
for expiration of the statement of non-participation in privatization - it is unlimited .
There is an option to contact specialized companies that promise to speed up the production of certificates. But in practice the timing will not be much different. Moreover, there is a risk of running into scammers!
What is it regulated by?
The privatization of apartments is regulated by civil law, primarily by a special law, which has been amended several times. It is referred to in Art. 217 Civil Code of the Russian Federation. The Civil Code itself contains requirements for an apartment transfer agreement - it must be written. The transfer of rights is subject to mandatory state registration, otherwise the transaction is considered invalid.
Privatization Law No. 1541-1 has been in force since 1991. Therefore, the certificate will reflect the period from this year until 2020. The need to submit this document is enshrined in law. Without it, documents for privatization will not even be accepted for consideration.
Find out how much it costs to privatize a plot of land in 2020. When can you sell an apartment after privatization? See here.
About housing registration
Let's start with what privatization is. This is a procedure during which public housing will be re-registered as the private property of residents living in a particular territory.
Every person has the right to free privatization. It is offered for sale only once in a lifetime. The exception is minor children. If they participated in privatization before their 18th birthday, after reaching adulthood, such a “bonus” will remain with them.
That is why you have to think about who issues the certificate of non-participation in privatization. It is not difficult to obtain such paper.
Procedure
Privatization occurs in several stages:
- The first of them, the longest and most responsible, is the preparation of the necessary package of information. Many documents have to be prepared, and this takes some time. Therefore, it is worth starting preparations for privatization in advance.
- The second stage is checking the submitted application and all information attached to it. It takes from one to 3-4 months. The length of the wait depends on the number of citizens wishing to privatize their apartments during the same period.
- The final stage is the signing of the contract and registration of ownership. This will require the presence of all participants in the privatization or a proxy with appropriate confirmation of his authority.
Required documents
The list of documents that will be required for privatization must be clarified in advance with the local administration. It is also worth remembering that many information has a limited validity period.
If the application is delayed, they will have to be taken again. Copies of some documents will require notarization.
The list will look like this:
- an application, the form of which is obtained from the administration and filled out for each of their participants, including minors;
- passports and birth certificates of all participants;
- certificates of marriage and its dissolution (if the surname has changed);
- technical and cadastral passports for the apartment;
- social tenancy agreement or order for an apartment;
- an extract from the house register about everyone assigned to this premises;
- an extract from the personal account confirming the correct receipt of utility bills;
- refusal of privatization if there are residents who do not want to participate, certified by a notary;
- certificate of non-participation in privatization for each participant.
A sample application for privatization of an apartment is here,
sample social tenancy agreement here,
a sample refusal of privatization is here.
Required Documentation
How to order a certificate of non-participation in privatization? The tips offered to your attention will help significantly speed up the process.
When submitting a request for an extract, you will have to create a certain package of documents. It includes:
- passport;
- registration certificate;
- extract from the house register.
If it is necessary to obtain a document for a minor child, the applicant will be the child’s legal representative. Then the listed package of papers is supplemented with a birth certificate.
Certificate of non-participation in privatization
A certificate stating that the citizen has not yet exercised his right to receive free housing ownership from the state is attached to the application. The number of certificates must be equal to the number of participants. But the presentation of such certificates is not always required.
If the tenant of municipal housing has not changed their place of permanent residence since 1991, then they do not need to submit a certificate. All information is at the disposal of the administration.
What it is?
A certificate of participation (non-participation) in privatization is a document confirming that the citizen does not own housing obtained in a similar way.
For such a document, special standardized forms are provided, uniform throughout the country. The completed form is certified by the seal of the organization that issued the certificate.
Who issues?
Who issues a certificate of non-participation in privatization depends on the period for which it is required. Information about the period of time from 1991 to 1998 should be obtained from the district BTI. It was this organization that recorded the completion of such transactions at the specified time.
Data for a later period, from 1998 to the present, are already contained in the register of real estate transactions - the Unified State Register of Real Estate.
Rosreestr is responsible for its maintenance, and there are branches in every locality. This is where you need to go for help.
This can be done during a personal visit to Rosreestr, through a representative (an agency employee or another privatization participant) or by submitting an application for a certificate through the MFC. You can request a document by email or regular mail. It will take about 10 days to issue the certificate.
Sample
You can find samples of certificates in form No. 2 or No. 9 at the BTI information stands. If you contact a law firm to formalize privatization, you don’t have to go into such subtleties.
Experienced real estate professionals know what a document looks like, where to get the necessary information, and how much it will cost.
A sample certificate of non-participation in privatization is here.
General information
Certificates of participation/non-participation of citizens in privatization are not required by everyone and not always. But, as a rule, people think about obtaining the appropriate paper.
According to current legislation, the document being studied must be submitted to the housing administration during the privatization of housing. But only if the citizen changed his place of residence after July 4, 1991.
Has the person been registered in privatized housing all his life? Then the certificate of non-participation in privatization will not be useful to him. But this is quite a rare occurrence.
Validity
A certificate of non-participation in privatization is issued for a period that has already passed. Therefore, it will be valid indefinitely. However, it is better to receive it no later than a month before submitting your application. This will help avoid problems with receiving documents.
The rules for the privatization of hostels are determined by current legislation. How much does it cost to privatize a house? Information here.
Who has the right to privatize housing? Details in this article.
About privatization
First, a few words about what privatization is. In Russia, this is the name for the procedure for converting public housing into private ownership. Today, free use of the service is available only once in a lifetime. And that is why a certificate of non-participation in privatization is required.
Only persons registered in the territory can re-register housing as private property free of charge. If someone does not want to participate in the operation, they can refuse it. The main thing is to formalize the refusal correctly - through a notary.
What is the price?
The cost of the service for issuing a certificate depends on where exactly it is done. Local administrations provide this service free of charge. If a citizen has not changed his place of residence since 1991, then all the necessary information is at the disposal of the department or department dealing with real estate issues.
A certificate for the period 1991-98 obtained from the BTI is most often paid for. However, the cost of its production is low, about 200 rubles. You will have to wait the required 10 days by law.
For urgency, BTI will charge an additional fee.
The most expensive is a certificate from Rosreestr. Its cost depends on the number of real estate properties owned by the applicant. In different regions, the price of such a service ranges from 500 to 2000 rubles.
Validity and cost
In the MFC and Rosreestr, a certificate of non-participation in privatization is issued exclusively on a free basis, since this service is state-owned and provided on the basis of federal and regional legislation. As for BTI, you will have to pay for its services. Its average cost in the country ranges from 200 to 2,500 rubles. To find out the specific amount, contact the territorial office of the department. If you do not have the opportunity to personally prepare this document, you can seek help from a company acting as an intermediary. Each company specializing in such services sets its own tariffs for its own services, so you can carefully study the market and choose the most suitable organization for you with reasonable prices.
Documentation
We found out where you can get a certificate of non-participation in privatization. How exactly to do this? You will have to pay attention to the fact that citizens are required to take certain papers with them to one of the listed bodies. Without them, documentation will not be provided.
Typically applicants require:
- passport;
- statement;
- title documents for property (in the case of applying to Rosreestr for an extended type extract).
For minors, a birth certificate is additionally required. Nothing more is needed.
For privatization
Now it’s time to find out what list of documents will be useful directly during privatization.
This includes the following papers:
- birth certificates;
- refusals to participate in privatization (certified by a notary);
- identity cards of all participants in the operation;
- warrant for an apartment;
- USRN extract;
- certificates of non-participation in the housing privatization procedure;
- extracts with registration of citizens;
- certificates of family composition;
- social rental agreement.
After considering the request in the established form, a privatization agreement will be concluded with citizens. And now it will be possible to re-register property rights through Rosreestr.
