Privatization of an apartment by shares has its own characteristics. What order share privatization apartments are stipulated by the law? How can you dispose of your share in the apartment? What is the child's share in the privatization of an apartment? Is it possible to carry out the privatization of a share in an apartment without the consent of the owner of the property? Read about this in our article.
What is share privatization of an apartment? This is a procedure involving the allocation of an equal share in the dwelling to each of those living in it. The possibility of shared privatization eliminates the need to divide property into judicial procedure, for example, in the case, and also allows you to avoid many disputes and conflicts associated with the implementation of civil transactions (purchase and sale, donation, etc.). V in this case you just need to notify the rest of the apartment owners about the conclusion of the transaction, and you may not receive their consent. However, it is worth noting that all co-owners of the apartment have a pre-emptive right to purchase your share, and only in case of their refusal, you can sell the share in the apartment to another person.
Important! If the owner of the share of other owners is not notified of the conclusion of the transaction, the latter have the right to judicially recognize the transaction as invalid.
Shared privatization of an apartment provides for the transfer of municipal ownership into the ownership of the tenant, if he lives with his family in this room on the terms of a social tenancy agreement. Shareholders have the right to count either on the sale of their share, or on compensation, which is possible only with the consent of the one who wants to receive his share. However, if the owner's share is insignificant, cannot be allocated and he does not have a significant interest in the use of the common property, then the court may, in the absence of the consent of this owner, oblige the other participants in the shared property to pay him compensation. With the receipt of compensation, the owner loses the right to a share in the common property.
Types of Housing Ownership: Shared Privatization
Housing ownership can be of two types:
- Private property (general, individual) ... in private ownership involves the ownership of certain real estate by a specific person. Can be the property of one owner (individual), as a physical or legal entity, and two or more persons (common). Common property includes, for example, dwellings owned by the state or municipality. Common ownership provides for the division of property into equal shares, for example, if it comes on the property of spouses who bought real estate during marriage (Article 256 of the Civil Code of the Russian Federation).
- Joint ownership (common or shared). This type of property includes common property that does not imply division into shares. As a rule, joint ownership arises, for example, when spouses buy and privatize an apartment. If the family lives in an apartment that is, according to the law, a shared property, it is allowed to own and use such housing with the consent of all co-owners, in the absence of such consent, the right to use the real estate can be obtained in court.
In the case of share privatization, the division of the apartment is carried out in equal shares, taking into account the interests of all participants, including the interests of minor children. Allocation of the child's share in the privatization of an apartment is a prerequisite, violation of which will entail an unconditional refusal to issue the appropriate permission by the guardianship and guardianship authorities and, accordingly, further refusal to privatize. If one of the family members refuses to take part in the shared privatization of the apartment, the refusal must submit a corresponding document certified by a notary. Further, the share of the refusal will be divided among the rest of the family. A person who previously took part in the privatization of an apartment must submit confirming given fact the documents.
Is it possible to privatize and sell a share in an apartment without the consent of the co-owners?
A person who is a participant in shared privatization has the right to sell his share after informing the other co-owners about it. The seller of the share is obliged to inform about the transaction no later than one month before the conclusion. If the sale of a share is carried out to one of the co-owners, the seller has the right not to notify the rest of the family about this.
Privatization of a share in an apartment through court
The privatization of an apartment of shared ownership is possible through the courts. However, first of all, it is necessary to allocate equal shares for each of the family members, then apply to a notary with an application for the allocation of shares with the provision of an agreement on the privatization of an apartment. In the event that an agreement between family members could not be reached (for example, if we are talking about the privatization of the share of a deceased family member in an apartment), provides for the implementation of this action through the court where statement of claim with the provision of a package of documents:
- documents of title to the apartment (sale and purchase agreement, if the apartment was purchased, act of acceptance of the transfer of real estate; donation agreement; will);
- extract from the house book;
- cadastral passport living quarters (from BTI);
- receipt of payment of state duty.
The term for consideration of a statement of claim for the privatization of an apartment of shared ownership is one month. Then, based on the decision on privatization and the procedure for using residential premises, family members must contact the housing management company to carry out the division procedure utility bills on the number of people living in the apartment.
Shared privatization of an apartment: advantages and disadvantages
Shared privatization of an apartment has a number of main advantages, including the transfer of residential premises into your private property, which in the future gives you the right to dispose of shares at your discretion, in particular: to sell, donate, transfer in order, rent out. In addition, the presence of a privatized share in an apartment makes it possible to obtain a loan secured by real estate. If we talk about the disadvantages of shared privatization, it should be noted that this procedure will not be particularly beneficial and convenient for single and elderly people, since the privatization of a share in an apartment involves the payment of taxes on real estate and housing and communal services. In addition, the privatization of a share in an apartment can become a source of disputes and conflicts between family members, which can only be resolved in court.
Shared privatization: apartment checkout
In judicial practice, questions often arise that require detailed clarification. For example:
- Extract of a citizen from a privatized apartment. In accordance with the Federal Law, a citizen discharged from a privatized apartment does not lose ownership of a share. In fact, the citizen is a co-owner of the apartment, so he can only be discharged by on their own or through the court.
- In the event of the death of the owner of the share. To resolve this issue, first of all, heirs must contact a notary to open an inheritance case. In the event of the death of the owner of the apartment before the moment of privatization, it is necessary to apply to the court with a statement of claim for the recognition of ownership by way of inheritance. Shared use of the apartment will only be possible if all co-owners sign the agreement.
Obtaining a certificate of inheritance and further registration of ownership of the inherited property, in particular a share in an apartment, is possible six months after the death of the testator.
Can a room in a municipal apartment be privatized? Regulations privatization of housing in the Russian Federation contained in the Federal Law"On privatization ..." dated 04.07.91.
According to him, the apartment privatized exclusively as a whole or owned by one of the registered ones, provided.
Registration of ownership of a part of housing not provided... But at the same time, a similar action can be performed if part of an apartment or a room highlighted actually. In this case, the apartment becomes essentially communal.
If an obstacle to the exercise of this right is the disagreement of someone registered in the apartment, you can try to carry it out, having issued the rights property only on their part of the housing.
Goals
The allocation of a room with its subsequent privatization allows you to become full owner of living space... From the moment of receipt of the Certificate of ownership of the room, the owner can perform the following actions:
- Conclude transactions for the alienation of a room (share).
- Register any tenants on your living space without the consent of neighbors.
- Rent out a room.
- Bequeath this living space.
Minus the privatization of a separate room is the lack of rights to common areas.
Since the privatization of part municipal apartment the owner becomes owner of only a certain amount square meters .
The rest of the area (bathroom, toilet and utility rooms) it can only be used in conjunction with other residents. He will not have property rights to this area.
How to highlight a share?
To acquire ownership of a part of the apartment a prerequisite is the allocation of this part in the form of a separate share in nature.
Since the law the privatization of a part of the common object is prohibited therefore, the possibility of acquiring ownership of the share will become possible if it becomes a separate object.
For such an opportunity to arise, part of the apartment must meet the following requirements:
- Represent a separate room or several rooms.
- Have a separate entrance.
- Be completely isolated from other rooms by a room.
If it is possible to separate part of the premises, you need to start by contacting the owner of the home - the authorities local government... Insofar as the section requires a redevelopment of the apartment, in the application it is necessary to ask permission for such actions.
In case of a positive answer, you must contact the appropriate organization to draw up a redevelopment project.
Having received all the necessary permits and documents, the tenants produce section of the room.
Then, for each individual object, new social contract.
The allocated parts of the apartment become separate objects and are privatized as usual.
By agreement of the parties
How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with a part of the bathroom and kitchen, the section can be carried out by agreement of the parties.
In this case, those registered in the apartment draw up an agreement on the right to use the residential premises, which determines which particular room each tenant belongs to.
The agreement specifies the following information:
- Parties to the contract. Personal and passport data, information about the date of registration in the apartment.
- Address and characteristics of the premises.
- Distribution of rooms between tenants, indicating their area.
The document is signed by the parties and certified by a notary.
By agreement for everyone to use a specific room is transferred, the rest of the area of the apartment remains in common use.
Thus, the apartment becomes communal with isolated living quarters and common areas.
How is the privatization of a part of a municipal apartment carried out without the consent of residents?
Drafting a separate lease agreement
Is it possible to privatize a share in a municipal apartment without the consent of the rest of the tenants? If it is not possible to negotiate peacefully with the tenants of the apartment, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate lease agreement.
In this case the last word remains with the owner of the premises, that is, local authorities.
A citizen needs to contact the administration of the settlement with a request for the conclusion of new contracts of social employment for the occupied living space.
To achieve positive decision in this case, it is quite difficult for the authorities, since the transformation of an apartment into a communal one is not beneficial for the authorities.
But in the presence of strong arguments and loyal attitude of local governments this option is still possible.
If the authorities meet halfway citizens and conclude several lease agreements with the residents of the municipal apartment, each of them will become the owner of the room and will be able to acquire ownership of it.
If the authorities refuse to carry out the procedure, you can try to resolve the issue in court... A citizen submits a statement of claim for the renegotiation of social employment contracts.
Tenants have to prove what's in between No family relations , and they run the household separately. When applying to the court with such a statement, it is advisable to use the help of an experienced lawyer.
Division of personal accounts
How to split the personal account of a municipal apartment? An important stage allocation of a share of an apartment is separation of personal accounts... Since the room becomes a separate object, such an action becomes possible.
Registered citizen you need to submit an application to the Criminal Code or another organization that performs billing. The application must be accompanied by a passport, a lease agreement. A separate account is opened for a specific room with a width of at least two square meters.
In Moscow minimum size such a room should be 9 square meters... In the RF Housing Code, the size is not determined, therefore, other regions set their own standards.
If there is no agreement between the tenants or a separate social tenancy agreement, the division of personal accounts is possible only through court.
You can learn about whether it is possible to privatize a share in an apartment from the video:
The privatization of housing by shares is the process of transferring municipal ownership into the ownership of the owner, who lives under a social tenancy agreement with his family members. In this process, the apartment is divided into equal shares between all participants.
What is share privatization of an apartment?
Shared privatization of an apartment is the division of an apartment into equal shares among all those living in it. The advantage of this process is that it avoids a lot of controversial situations arising from the conclusion of transactions. If you want to sell or donate your share, you do not need to ask the permission of all the owners, but you just need to notify them.
Any owner has the right to redeem your share, and only if he refuses, you can sell it to another person.
If the share is small and the shareholder refuses it, the state pays him compensation and he no longer has any rights to the property.
It has been written about how to find out whether shares of an apartment have been privatized (or not).
Shareholders' rights
After the completion of the privatization registration, the citizen who became the owner of the apartment is given a document stating that the ownership rights to his residence in a certain territory have been registered.
Any shareholder has the right:
- give your share;
- sell;
- exchange;
- bequeath;
- leave on bail.
Any user can enter into inheritance rights without a will.
Unlike the situation when there is one owner per apartment, real estate investors are obliged to take into account each other's opinion and try not to cross the road. If you want to dispose of the property, you must consult with each of the owners.
According to the desire of one of the owners to rent out the living space, the payment will be divided equally among all.
If the owner is a person who has not reached the age of majority, then he has the right to dispose of his property independently or with the help of a guardian or trustee.
Provides a number of features in this situation:
- obligatory obtaining consent from the guardianship authorities for transactions;
- invalidity of the transaction if it does not represent benefits for the owner, for example, a gift.
It is prohibited by law to transfer the property of a ward for a period of more than 5 years. To extend the term, you must contact the guardianship authorities for their consent.
Shared joint or shared privatization - which is better?
In joint privatization, the owners own the property as a couple, without allocating specific boundaries and shares. An example of such a relationship would be a spouse. Each of them has equal rights and obligations to the living space and can dispose of it with the permission of one party.
If you want to sell the apartment, and the other owners are against it, you will have to go through the division procedure. In relation to the payment of taxes, all persons who own real estate also participate and divide the amount into equal parts.
Fractional privatization has clearer boundaries and your stake is better protected from third parties. Selling it is much easier than selling it jointly. You just need to warn the other owners about this. The tax is paid according to the amount of your share. When purchasing real estate, tax deduction also distributed on a fractional basis.
Based on the foregoing, it can be concluded that general share privatization is better and less costly for citizens.
Shared privatization of an apartment - where to start?
The first thing to start with the share privatization of an apartment is to draw up a notarized power of attorney for this procedure or abandoning it. Having received the document, you can begin to go through the further stages on your own. Even a child can become the owner of the territory, if there is the consent of each of the family members.
The second step is to collect the necessary documentation.
Then you should contact the BTI to obtain a plan for the stages and an explication of the premises. It should indicate all the redevelopments that have been made and confirmation that this was done legally.
If you do not have time to collect the necessary information, then you can contact law firms, which will do it for you for a fee.
The documents
What documents are needed when registering the share privatization of an apartment?
- identity cards of all residents;
- birth certificate of persons under the age of majority;
- marriage or divorce certificate;
- social employment contract;
- a warrant for an apartment;
- apartment documents;
- payment invoices utilities in a privatized apartment in the last 3 months;
- a reference from the home book, which notes that the property had not previously been privatized.
When collecting documents, remember that they have an expiration date and it is better to check that they are all valid. You need to be very careful when collecting documents and observe their order so that you do not have to do the procedure twice.
Registration after death
Shared privatization of an apartment after death is inherited by the person specified in the will or established by law. All rights and obligations are transferred to the heir in full. If the person who died did not leave a will, then the state appoints an heir, according to the law.
Agreement on the privatization of an apartment into shared ownership - sample
The contract is drawn up on a general basis, which does not differ much from the standard contract.
It is obligatory to indicate in the contract:
- data about the parties;
- the current address of the privatized premises;
- the size of the share of each of the participants;
- data from the owner's passport;
- date at the time of signing and signature of the parties.
The conclusion of the contract is a prerequisite for the conclusion of the transaction.
Pros and cons of equity privatization of an apartment
Shared privatization of an apartment - what is it?
Shared privatization of an apartment involves transfer of ownership to a person not for the entire living space, but only for a certain part of it.
But according to the legislation, each such part should have its own:
- bathroom;
- kitchen;
- output.
Otherwise, it will not be possible to carry out privatization directly. How to get a share in a privatized apartment?
If there is a "regular" apartment with a single set of bathroom, kitchen and exit, you will first need to privatize the entire residential area, after which during its joint division with neighbors.
If the determination of shares in a privatized apartment is not by mutual agreement, then you will need a court decision.
Is it possible to privatize part of an apartment?
Is it possible to privatize an apartment with rooms? If it is not possible to privatize housing in the above way, you can solve the problem in a different way. Privatized apartment is first reissued as.
Then, regardless of other tenants, a person has the right to privatize his part of the living space, namely any room. This is due to the fact that the owner will not depend on other residents of the apartment.
The main law, according to which the privatization process is regulated, is the law No. 541-1 dated 04.07.1991.
This division has its pros and cons... The first are:
- the possibility of selling the privatized territory;
- the privatized living space is registered only for one owner, who will no longer be responsible for the payment of utility bills and other bills by other shared owners;
- a privatized share of the living space can be transferred to another person with the help of a deed of gift, will, etc .;
- the opportunity to leave living space for children who cannot be evicted by other neighbors.
Cons of equity privatization apartments:
How are shares in a privatized apartment distributed?
Division rules
How is an apartment divided into shares during privatization? Only natural living space can be privatized, namely a specific room in the apartment. In this case, in proportion to the area of the room, the area of the bathroom and kitchen, as well as the corridor will be "cut off".
Division and further privatization can take place both by mutual consent of the tenants and. In the latter case, initially all neighbors have equal shares.
The standard term for resolving an issue is no more than 2 months. After the consent for privatization is received, it must be submitted to Rosreestr and BTI in order to obtain documents confirming the ownership.
According to which housing is transferred into ownership as a result of privatization, it does not require a notary stamp and payment of state fees, if the procedure is carried out for the first time.
They will be equated to the registration of ownership of real estate, which will cost an individual 2,000 rubles. If the separation is through judgment, then the state duty for the judiciary will be 300 rubles.
Features and nuances
Some people ask themselves the question after the divorce: "Do I have a share in a privatized apartment?" Separately, it is worth considering the situation in which it is required in equal shares during the divorce.
Several cases are possible here:
- If the spouses have privatized the apartment in which they lived on a shared basis, they do not need further division. They are already in the process of privatization got their shares in a privatized apartment that remain behind them after the break.
- If the spouses privatized housing during the marriage process, they already need to share the living space... This can be done in three ways: by means of a written agreement drawn up before divorce, by drawing up a prenuptial agreement, or by going to court.
Another question that worries many tenants is whether it is possible to privatize apartment neighbors for that.
How to privatize a share in an apartment without agreement? Yes, it is possible, but in certain cases:
- If one of the tenants does not contribute to the payment of bills. In this case, you will need to prove this fact in court. The unfavorable neighbor will be evicted, after which the privatization can be carried out.
- If a neighbor does not live in the specified territory for a long time. Then you will need to prove to the court that this tenant has another permanent residence. After that, his eviction is carried out, and the apartment can be privatized without his consent.
Privatization of a share in an apartment is a rather complicated procedure. Therefore, you need to be prepared in advance for a large investment of time, nerves and efforts.
But it is far from the fact that the actions taken will lead to positive results. Especially if you have to share living space with unfavorable neighbors.
You can learn about whether it is possible to privatize a share in an apartment from the video:
