Home Vegetable garden on the windowsill Sale of state property tenders. How can state and municipal institutions and enterprises sell the state or municipal property assigned to them? Sale of municipal property through auctions

Sale of state property tenders. How can state and municipal institutions and enterprises sell the state or municipal property assigned to them? Sale of municipal property through auctions

Municipal property in Russia is considered to be property that belongs to the state on the basis of ownership (the so-called federal property), as well as property that belongs to the subjects of the state on the basis of ownership. On behalf of the state and its subjects, the bodies exercising state power have the right to acquire this property, to exercise their property rights and obligations in relation to it.

Municipal property is also that which is owned by urban or rural settlements, or other municipalities. Local self-government bodies have the right to acquire and use it, as well as, within the competence of municipalities, which is established by special normative acts, to appear in court. Let's first consider what the sale and lease of municipal property is.

General provisions for the lease of municipal (state) property

The lease of municipal property has its own characteristics, which relate to the conclusion of an agreement, as well as the establishment of all relevant lease payments. In accordance with some provisions of the Constitution of the Russian Federation, the management of municipal (state) property is carried out by the Government of the state.

Relations that arise in the process of concluding a lease agreement for municipal property, as well as the execution of a lease agreement, are regulated by Chapter 34 of the Civil Code of the Russian Federation. A lease, otherwise called a property lease, is that the landlord must provide the tenant with certain federal property for temporary use for an appropriate fee.

Importance of the statement

All questions about the lease of any federal property are resolved only on the basis of an application from a circle of individuals or legal entities, Russian or foreign, specified by law. Also, this includes international organizations that have a resolution stating that they are balance holders.

What else is needed?

In addition to the application (application) for rent, the applicant must submit the following documents to the special Committee for the management of municipal (federal) property:

  • The originals of the constituent documents of the enterprise that receives the property on lease, or their copies, certified by a notary, if we are talking about legal entities. If an individual intends to conclude a lease agreement as an individual entrepreneur, then a certificate of registration of a private enterprise will be required from him.
  • The balance sheet of the company, which in the lease of the property will act as a tenant.

  • Certificate of arrears in utility bills or rent.
  • A certificate certified by the tax authority on the presence or absence of arrears for all types of mandatory payments.

During the consideration of applications for a lease, the presence or absence of tax arrears and the timeliness of payments for lease obligations are taken into account. In order to limit the maximum terms for registration of lease agreements, such a period is clearly regulated and is 1 month from the date the employer submits a full package of relevant documents.

Rental property format

The lease of federal and municipal property can be carried out in several forms:

  • subject to the exercise by the employer of the preemptive right to the lease - in order to extend such an agreement;
  • in the general procedure for considering applications, including on the basis of a commercial tender or through an auction.

An auction is a competitive way to determine who will become the employer of state or municipal property. The auction is carried out through a public auction, where the tenant becomes the applicant who has offered the maximum price for the right to conclude a lease. A commercial tender is a way of determining the tenant of a property, where the winner can be recognized as the applicant who will present the most advantageous offer.

What if I get a rejection?

Refusal in the application for the conclusion of a lease agreement is provided by the Committee for State or Municipal Property Management and must be submitted to the applicant in writing. A prerequisite here is an indication of the reasons for such a refusal, which, in turn, can be appealed in court in compliance with the regulation of special regulatory legal acts.

Transfer of property under a lease agreement

The lease agreement for any non-residential premises must be concluded in writing with one document signed by both parties. According to this agreement, the lessor must transfer a specific building, structure or premises for temporary use. The lease agreement must indicate this property, its technical condition, location, area and other characteristics. The lease of such objects of property is carried out in accordance with the deed of transfer or another document certifying that the object has been transferred to the use of the lessee. The act must be drawn up in two copies - for both parties to this agreement. 5 days after the conclusion of the agreement, the lessor must provide the tenant with the property that is the subject of this lease.

Sale of municipal (state) property

The process of selling municipal property is controlled by the law “On the privatization of state and municipal property”. Privatization is the alienation of property that is in the ownership of municipalities, in the ownership of legal entities or individuals. This process is onerous.

Any legal entity, as well as individuals, have the right to purchase municipal property in the process of sale. This list excludes unitary enterprises, municipalities or government agencies. This also applies to those legal entities whose authorized capital contains more than 25% of funds belonging to the state or its subjects. There is a special website for the sale of municipal property, officially providing information on this issue. The procedure for the privatization of property held in municipal ownership is consistent with the regulations of the state, as well as its subjects.

How is the cost determined?

The standard price of property that is subject to privatization is the minimum value at which such property can be alienated. It is determined in the order that is established by the government of the state. The standard price of the property that is subject to privatization must be equal to the market price, which is determined by an independent appraiser. The initial price of municipal property subject to privatization is established in the cases provided for by law on the basis of the opinion of an independent appraiser, who must also carry out its activities within the framework of the law.

The conditions for the privatization of property belonging to municipalities, in accordance with the normative legal acts regulating this process, are independently determined by local authorities. Information about the beginning of the privatization of municipal (state) property must be published in various media sources, which are also determined by local governments. This must happen at least 1 month before the appointed day, unless otherwise provided in the legislation. The sale of municipal property is carried out after privatization.

What is the subject of publicity through the media?

The list of information that is subject to mandatory publication in mass media sources:

  • The name of the local government body that made the decision to start the privatization of municipal property, as well as all the existing details of such a decision.
  • The name of the municipal property, as well as all of its individual characteristics.
  • The method according to which the privatization of municipal property will be carried out.
  • Starting price.
  • Terms of payment, terms of its implementation, as well as all the necessary details of current accounts.

  • Place of filing an application for the privatization of municipal property, the procedure for its implementation, start and end dates.
  • Requirements for paperwork and their exhaustive list.
  • The term set for the conclusion of the contract for the sale of municipal property.
  • Possibility of acquainting potential buyers with other information about the object to be privatized, as well as with the terms of the contract and the inventory act.
  • Restriction conditions for certain categories of legal entities or individuals.
  • Other important information.

Sale of municipal property through auctions

Municipal property can also be sold through an auction. This occurs if the buyers of such property do not have to fulfill any conditions in relation to it. The right to acquire municipal property in the process of selling is carried out by way of an auction and belongs to the buyer who is ready to offer the highest price for it. If only one legal entity or individual took part in the auction, such an auction shall be invalidated by law.

Before holding an auction, the media must indicate:

  • place and time of such an auction;
  • the order in which the winners will be determined;
  • conditions for making a deposit, its size, all the necessary bank details and the procedure for making it.

Information on the results of auctions is subject to mandatory publication in mass media sources, where the period of such publication should not exceed thirty days from the date of such transactions. The auction for the sale of municipal property and thematic competitions can also be held in electronic form. As already noted, there is a special site for everyone interested in this issue. Bidding for the sale of municipal property of this format will ensure their information transparency and simplify this procedure. The electronic form will minimize the possibility of collusion between the participants of such auctions and their organizers. The privatization of objects is carried out through the execution of a contract for the sale and purchase of municipal property, which must include all the terms of this transaction.

In a situation of financial crisis, the state has to look for additional sources of replenishment of budgets of different levels. The auction for the sale of municipal property helps to find a solution to the problem of lack of money in local budgets. The authorities, when selling real estate, are obliged to comply with the procedure for holding tenders established by legal norms, and to realize the equality of citizens to participate in the privatization of state property.

If you need legal advice on this matter, we recommend that you contact our lawyers.

Legal Aspects of Government Auction Sales

According to the law (No. 178 FZ, in force since December 21, 2001), an open auction is used to trade in the rights of possession, use and disposal of objects of the municipality - this is a way to privatize them (transfer to individuals or commercial companies).

Privatization is the onerous transfer of rights to property owned by federal or local authorities. It is based on the principles of openness of the work of state and municipal bodies and the equality of every person who wants to buy out part of the state's property.

The legal regulations allow you to sell:

  • The earth.
  • Natural resources and resources.
  • Buildings, structures, structures (including those from the housing stock).
  • Real estate and items belonging to Russia, but located abroad.
  • State-owned shares.
  • Government-issued securities.

By law, it is allowed to sell property rights only by specially authorized bodies and authorities. If transactions for the alienation of state property are carried out by organizations without authority, then they are considered null and void. They do not entail the transfer of the rights to dispose of them to citizens or enterprises. Specialized institutions that organize the redemption of property have the right to protect the property interests of the municipality, go to court if they are violated.

Requirements for bidders

According to the law (No. 178 FZ, in effect since December 21, 2001), individuals and legal entities are entitled to participate in the acquisition of state property. But in order to protect the constitutional order of our country, the state prohibits the following categories of buyers from becoming participants in auction events:

  • Unitary enterprises.
  • Institutions of power.
  • For commercial firms, if the share of the Russian Federation, its constituent entities or the corresponding municipality in their authorized capital exceeds 25%.

This rule does not apply to cases of redemption of land plots by owners of buildings that stand on them.

In addition, it is prohibited to act as buyers of joint-stock companies if their shares are sold. If, after the buyout, the unlawfulness of the participation in it of the person or company that acquired the property being sold is established, the results of the auction are canceled, the transaction is declared invalid.

There are a lot of interesting articles on our site. Check them out to be legally savvy in many ways.

The procedure for holding auction events

Legal norms (Resolution No. 585, adopted by the Government of Russia in August 2002) establish that the sale of state or municipal property at an auction begins with preparatory actions, which include:

  • Preliminary assessment of the property to be privatized.
  • Determination of provisions for the payment and payment of the deposit of the redemption value of the property or rights to it.
  • Establishment of the location and day of the auction, the time of their start and end, the date until which the acceptance of applications takes place.
  • Organization and posting of messages to inform about the event.
  • Acceptance of applications, registration and accounting actions with applications for participation in trade.
  • Verification of the accuracy of the preparation of the papers submitted by the applicants.
  • Determination of the composition of the participants in the events from among the persons who have declared a desire to redeem state property.
  • Appointment of an auctioneer to conduct real estate activities.

Before the start of the auction, an informational message is posted on the Internet. It specifies all the essential conditions for assigning the status of a participant - the amount, term and procedure for making a security deposit, bank details and names of the reason for the transfer of money, the procedure for their return. This letter is a public offer, and submitting an application and depositing funds to the account of the organizers is its acceptance. All applicants for participation in the event must be informed about this.

For the assignment of the status of a buyer, an application prepared in accordance with the law is submitted. It is accompanied by the documents specified in the letter about their organization. In confirmation of his desire to acquire the property, the applicant shall deposit the deposit of the future redemption price of the acquired property rights to the seller's account. This action is confirmed by an account statement from the government agency organizing the event.

Acceptance of applications for the redemption of municipal property takes place within a period of at least twenty-five days and ends three days before the day the lists of persons who have expressed a desire to participate in them are formed. If applications are received after the specified time, then they are returned to the applicant with an indication of the reasons for non-acceptance.

The organizer considers the applications of applicants, recognizes them as participants in the events. Such a decision is recorded and contains a list of all persons wishing to buy the rights to property.

It is accepted within five days from the end of the office time. Applicants are notified of the assignment of the status of the buyer or of the refusal to do so by mail or personal delivery of a notice against receipt.

The law establishes two procedures for holding - an open and a closed auction. In the first case, the participants express their desire to acquire the thing for the indicated price by raising the cards; in the second, they give the auctioneer sealed envelopes with the redemption value indicated in them.

As a result of the event, a buyer is selected who has named the highest price. The results of the event are recorded. The protocol containing information about the winning person is handed over to him against receipt. The rest of the participants are refunded the deposited funds. The winner's deposit is transferred to the budget of the corresponding level.

At the end of the auction, a message of information content is drawn up, which is published on the Internet. Five days after the auction, a transaction is drawn up between the organizer and the winner to transfer the owner's rights to the acquired property. The buyer transfers the money to the bank account specified by the organizer, from there they go to the treasury. If the winning bidder refuses to pay for the purchased items, he will face sanctions established by the norms of civil law.

Other ways of exercising municipal ownership rights

Legislatively (No. 178 FZ, in force since December 21, 2001), other options for formalizing the privatization procedure are also enshrined:

  • Changing the organizational form of an enterprise with a unitary nature of the use of working capital.
  • Trade in property and property rights to it at a specialized auction or by holding competitive events.
  • Sale of owner's rights without specifying the price or through public offers.
  • Introduction of property rights into the capital of commercial enterprises.
  • Alienation of shares owned by Russia, its constituent entities or municipalities through a trustee.

The property complexes of unitary enterprises are being transformed into entrepreneurial societies. If the property is sufficient to form a joint-stock company, then the state-owned enterprise is registered according to this type of commercial organization. If, based on the results of privatization, this amount of capital cannot be achieved, a limited liability company is formed.

It is prohibited to transfer ownership rights to state property to citizens and subjects of commercial activity in ways not provided for in the law.

If you were unlawfully refused to participate in the auction, or you are faced with a violation of the rules for the auction and its individual events, then seeking legal assistance on the site is a way to protect your rights to privatization. Employees of the portal site are lawyers with experience in the transfer of property from the state and the municipality. They will tell you:

    Who has the right to buy real estate or property complexes into private ownership.

    How the types of items sold and their prices are determined.

    In what order, and at what time the buyers are notified.

    How the bidding results are correctly drawn up.

    How to appeal against the actions of state bodies authorized to conduct them.

The consultation takes place online, so you don't have to waste time looking for a legal office. We will answer any questions, help protect legitimate interests if you want to buy real estate from the state .. If something is not clear, you can ask a question to our specialists in a special form on the website.

They sell various municipal property at special open auctions, for participation in which an application is required. Not only legal entities, but also individuals can participate in the auction. Only authorized persons have the right to sell state property. The law elaborates in detail the bidding procedure itself, during which its privatization is carried out through the purchase of state or municipal property. Compliance with procedural standards ensures the legality of the privatization of state property by commercial organizations and individuals. In case of violation of the norms established by law for organizing tenders, the transaction may be declared null and void and the buyer will have to return the acquired state property.

In this article

What can be privatized through official tenders

A variety of property is owned by state authorities at different levels. The law officially allows the sale of state and municipal property in cases where it is required to replenish the municipal treasury or get rid of an unprofitable object that causes losses to the state or municipality.

State authorities of different levels have the right to put up for competitive bidding the following state property:

  • land plots for construction or agricultural purposes;
  • any buildings and structures;
  • securities, stocks and bonds issued by the state;
  • real estate and valuables located geographically in another country, but owned by the state;
  • mineral deposits.

Who can take part in auctions

The current legislation describes competitive bidding for the sale of various types of state property and the procedure for holding them as an open event in which commercial organizations and individuals can take part. The law specifically stipulates the range of legal entities and individuals for whom participation in such auctions is impossible. These include:

  • persons holding public office;
  • unitary enterprises;
  • power structures representing state power at the local level;
  • companies in which more than 25% of the authorized capital is owned by the state;
  • companies whose shares are traded through state competitive auctions.

Organization of competitive bidding

Municipal property is sold by means of its public offering at special auctions, at which each type of property is exhibited in the form of a detailed lot. The organizer of such an auction must indicate:

  • the initial cost of the object in rubles;
  • the size of the step of the auction trades;
  • a deposit that will need to be paid at the end of the auction for the purchased property.

Information about the property to be auctioned, the price, the amount of the deposit and the amount of the increase in the initial price ("auction step")

Each auction is carefully prepared by special authorized bodies, which:

  • choose the place and time of its holding;
  • determine the places for making deposits for the acquired state property through competitive bidding;
  • set the start and end times for accepting applications for participation in the auction;
  • register participants in competitive bidding;
  • appoint specialists who will carry out the sale of state property.

The conditions of the competition may provide for a number of requirements for auction participants that must be met in order to participate in such an event. According to the current rules, participants must submit an application and a package of necessary documents that stipulate the conditions of the competition.

In cases where auctions are held in electronic form, legal entities from different Russian regions can participate in them. When organizing offline trading, a number of special requirements are imposed on trading participants.

Rules of conduct

Competitive auctions are always held in public at special sites in strict compliance with the current legislation on the sale of state and municipal property.

The law prohibits the sale of such objects, with which the obligations under it are transferred to the new owners of such property.

Each participant of such an event must fill out an application in a certain form and correctly draw up all the necessary documents. Although the auctions are open and publicly available to everyone, they require specialized legal knowledge to participate. For this, legal entities and individuals can use the services of specialists who provide assistance in filling out an application for participation and subsequent support in acquiring the desired lot and registering it as property.

Each participant in the auction after winning the auction must confirm his purchase with a special fee, the amount of which is indicated in the description of the lot without fail. In the absence of such a contribution, the transaction may be canceled.

Through the system of official tenders for the sale of state and municipal property, it is possible to acquire valuable property at a cost lower than the market price. Participation in such events allows you to rationally invest your capital in profitable property objects. In order for the transactions not to be challenged, and so that those wishing to acquire state property could get to such auctions, it is required to use the services of lawyers specializing in this area. Officially, tenders are open and free events, but the procedure for holding them is rather complicated and requires special training. Using the service of documentary support, you can avoid many mistakes and regularly take part in such official events for the sale of state property. It should be remembered that if any non-compliance with the rules for conducting such auctions is found and the interests of the state are violated, the transaction may be officially declared invalid.

The sale of state or municipal property at an auction takes place in the form of an auction with a declared value or with a price offered by buyers. The rules of conduct and requirements for participants, the necessary documentation and alternative methods - this is far from the whole list of useful information that can be gleaned.

Numerous acts, regulations and laws regulate the requirements that apply to a potential owner. It should be noted that there are no overestimated positions on this issue. Almost any entrepreneur or company will be able to bid. Basic conditions for applicants:

  1. The organization has no tax debt or a strong justification for its presence.
  2. The manager and officials must not have an outstanding or unexpunged conviction in cases of economic fraud.
  3. The manager and people admitted to the management of the applicant company cannot be relatives with the owner of the property. This limitation is due to the desire to ensure a level playing field for all participants.
  4. A company applying for participation must not be offshore, especially if.
  5. The application cannot be submitted by a company whose funding is provided from federal or municipal sources for more than 25%.
  6. The applicant cannot appear on the lists of suppliers with a bad reputation.

However, smaller structural organizations that are direct owners may well impose additional restrictions. The organizer notifies about them when placing an announcement of the auction on the portal of the electronic platform.

Documents for submission

There is a general list that must be submitted to the auction for the sale of state or municipal property. The organizer is also obliged to mention additional terms of sale. If this has not been done, the applicant has the right to file a lawsuit in court to declare the actions of the organizers unlawful. The obligatory package of documents includes:

  • filing a claim for participation;
  • a duplicate list of documents provided to the organizer;
  • papers confirming the existence of a legal entity or individual entrepreneur;
  • an extract from the Unified State Register of Legal Entities or EGRIP, an original or a copy with a notary certification will do;
  • copies of the company's charter;
  • certificate confirming the absence of tax debts.

If the registration takes place in electronic form, the electronic signature of the head must be present. In this case, the application with all the attached documents goes to the organizer's address and is stored in a separate folder. A response to each appeal must be received within three days from the date of receipt. In the absence of the required document, the application is rejected by the organizer, and in the comments specifies the list of missing papers. After that, the applicant has the right to supplement the package of documents. The term for this is set no later than five days before the date of the auction.

If the application is submitted in writing, it is necessary to pay by certified mail. The requirements are identical to those for an electronic application. However, the consideration period has been increased to ten days from the date of receipt. It is important to take this into account, because the deadlines for submission are strictly limited.

Features of an open auction

Federal law defines the methods of acquiring state and municipal property, each has subtleties. In particular, the submission of bids in the auction is carried out from the moment the information is published, and lasts until the date when there are 25 days left before the start of the auction. The list of participants is determined one working week before the date of the auction. During the same period, each representative is obliged to send a document confirming the transfer of money to the seller's account. The translation must be 20% of the value of the object. If such has not been announced, then the contribution is calculated as 1/5 of the amount proposed by the participant.

The form of trading can be closed or open.

In the first case, the proposed price is provided in a separate envelope by each participant at the time of application. There is a limitation according to which the price cannot be more than 50% lower than the market price. The winner is the one whose offer turns out to be the most advantageous. If several participants indicate an equal price, the representative who previously submitted the application wins.

In an open auction, prices are announced during the bidding process. The organizer develops in advance and notifies the players about the starting cost of the object and the step of increasing and decreasing.

The sale of state and municipal property at an auction can be viewed as a profitable market offer for all parties. Indeed, as a result, government agencies receive additional budget funding, and individuals and enterprises - a low cost of objects and items.

Quite often, start-up entrepreneurs thus receive the necessary basis for business development without large investments.

What is being sold and how is the auction of municipal property

Municipal facilities include:

  1. Real estate - land, residential buildings or industrial buildings.
  2. Various types of transport (land, water, air).
  3. Securities.
  4. Objects of art, jewelry or other personal items.

The municipality has ownership of these units. These are usually items of people and businesses that have gone bankrupt.

The advantages of buying at the auction of the municipality are awareness of the technical condition of the item, as well as the ability to find out reliable information about the previous owners.

A feature of the sale of municipal property is the opportunity to be present in person. This means that there is a need for the personal presence of each participant or his legal representative at a specified place at a specific time.

How are auctions in state property held?

The auction for the sale of state property can only be held on electronic resources:

  • virtual retail space organized on the basis of banks;
  • independent virtual spaces organized as a separate business;
  • news portals providing accurate information about planned auctions and competitions;
  • the official federal-wide portal maintained by the government.

Who is authorized to conduct municipal property auctions

Trades in municipal property are carried out by a special commission, the composition of which is determined by local authorities. A document is also published that regulates:

  • the sequence of actions of the organizers and participants up to specifying the method of execution of the acquisition and privatization agreement;
  • list of objects for sale;
  • event plan and exact date of the event;
  • a list of portals and other information zones on which detailed information will be posted;
  • a list of virtual platforms that are scheduled to be held.

The elected committee deals with the following issues:

  1. Checks submitted applications.
  2. Decides to allow or prohibit participation, notifies the applicant about it.
  3. Chooses the winner and draws up the protocol.

It is important to note that it is the commission that may require documents not listed in the list to confirm the legality of the applicant's submission of the application. Evaluation and verification of the authenticity of the submitted papers is also in its jurisdiction.

The auction can also be organized on the basis of the municipality. Documentation is prepared using our own resources. For small formations, given the absence of such, the use of outside forces is characteristic.

Procedure for bidding

To begin with, the municipal and local executive bodies are issued a notice. It specifies the date of the event, the list of property, the composition of the commission and the venue.

After that, a notice is published in the indicated information networks. It contains detailed information for participants and the initial cost, if such is provided by the selected trading system.

The Commission accepts applications with their obligatory entry into a specialized journal. Each submitted package of documents is carefully considered, a decision is made on the participation or rejection of the submitted documents. Also, the commission is authorized to check the prepayment received by the budget.

At the specified time, an auction is held, at which the winner is identified. The result of the auction is drawn up by a commission. At the same time, information is carried out using sources that previously indicated data on the upcoming sale of municipality property.

An agreement is being drawn up for the acquisition of property and its privatization. If the winner does not budget the required amount within five days from the date of winning, the results will be invalidated. In this case, the return of the advance payment will be canceled. The pledges of other participants during the same time are transferred to the accounts from which they were previously credited.

What you need to take part in a municipal property auction

To participate in the sale of state or municipal property at an auction, it is enough to follow a simple procedure.

  1. Find a suitable auction.
  2. Collect and provide a package of documents specified in the list.
  3. Transfer funds to the details specified in the information message.
  4. Wait until the date of the event.
  5. See the results.
  6. In case of victory, you must sign the protocol and deposit the remainder of the amount to the seller's account.

Other methods of selling municipal and state property

A specialized auction is different from a regular auction. It is advisable in case of a high value of the property. As a result of the auction, several winners are identified, each of which acquires a part of the property commensurate with the amount contributed.

A competition differs from an auction in the process of choosing a winner. In the first case, the possibility of changing the original proposal is excluded. In the second, the price may rise or fall.

In conclusion, we note that it is not difficult to participate in the auction. And if the offered conditions are attractive, the winner receives a proven and high-quality object at a price reduced relative to the market.

Sale of state and municipal property:

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31 Oct 2018 80

Discussion: 6 comments

    I don’t really understand, are such sales completely legal? What then does the buyer of such property have? It turns out that the old owner still remains the owner of the property?

    Answer

    1. The sale of state or municipal property is regulated both by civil law and by orders of the Federal Antimonopoly Service.

      These documents clearly state the procedure for winning the auction. To participate in the auction, everyone pays a deposit and submits an application. When holding an auction, the winner is the person who offers the largest amount. The deposit will be returned to the remaining participants. On the day of the auction, the winner of the auction signs the protocol of the results. From this time on, he is formally considered the owner.

      Of course, it is necessary to go through the procedure for signing a sale and purchase agreement, but if for some reason the municipality refuses to do this, having a summing up protocol in hand, you can judicially force the administration to conclude an appropriate agreement. The final registration of the buyer's right is made by making an appropriate entry on the newly created right in the USRN.

      Privatization is a gratuitous transfer of municipal housing to the ownership of the citizen who occupies this premises.

      In the case of an auction, the object is already transferred to the ownership of the winning bidder, that is, the ownership has already come. It is not necessary to carry out additional actions with the named property.

      Acquisition of state or municipal property at auction is also privatization, only paid.

      Answer

Tempting terms, especially after I read the expert's answers. With the help of such tenders, you can decently raise the price of municipal housing, although if the city is not large, I do not think that there will be many applicants.

Answer

  1. Municipal or state property is sold exclusively through auctions. But it should be borne in mind the nuances of the process of paid privatization of housing.

    In each municipality there is a queue of low-income citizens who, according to the decisions of the housing commission, have the right to receive social housing. Large families, people with disabilities and some other categories of persons also belong to the privileged categories of citizens. In accordance with the law, the administration is obliged to offer the vacated municipal housing to the first in line to improve housing conditions. The housing offered must be livable and equipped with basic amenities. It follows from the above that the cases of sale of municipal housing at auction are extremely rare. Exceptions can be objects of construction in progress, housing requiring major repairs. Dilapidated and dilapidated housing is not subject to sale.

    The administration can put up for auction a dwelling if there is no queue for housing or all those who need it have refused for some reason.

    You should know that citizens who have exercised their one-time right to free privatization have the right to privatize for a fee, that is, to buy out the housing they use under a social tenancy agreement. These tenants have a pre-emptive right to purchase.

    Answer

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