The concept of private property appeared in 1990 after the adoption of the relevant law, after which Russians had the opportunity to become full-fledged owners of real estate.
At the initial stage, the apartment belongs to the state, and people are only tenants. To become owners of living space, you need to privatize square meters. The distribution of shares of residential premises during privatization will be discussed in our article.
Shared privatization of residential space
Shared privatization of housing refers to one of the methods of free transfer of public or municipal housing into private hands.
Let's clarify right away that an apartment can be privatized by one person into his personal property, or several persons into common property.
The privatization of a separate share in an apartment is impossible in principle, since an apartment is an integral object.
It often happens that the newly-minted owner is unable to bear the financial burden that fell after the privatization of the apartment. Read more about how to cancel the privatization of an apartment. In general, there are two ways to reverse the return of privatization.
- By concluding an apartment transfer agreement into city property, that is, to deprivatize.
- Having recognized the invalidity of the privatization agreement... But this needs good reason to appeal to the judiciary.
The privatization right for each citizen is valid only once. An exception is made by citizens who became homeowners during privatization as a minor. They retain the opportunity to privatize housing once for free.
Privatization allows not one person to get ownership of housing, but all residents, or selectively some of them - by prior agreement of the parties.
Homeowners can use it at their discretion:
- sell. If you are interested in documents for the sale of an apartment for cash,;
- bequeath;
- pledge;
- redevelopment;
- sublease. On our resource there is an article about.
Shared privatization of premises is used to privatize a communal apartment. We have already written about that. It is typical for her precise definition the size of the shares of each owner, since each room in a "communal apartment" is listed in the BTI as an independent object. Residents from the same family can get one room, if the living space allows.
The privatization of an apartment in parts is not possible.
How shares are distributed in the process of apartment privatization
How is the living space divided during privatization? By privatizing housing, all family members permanently residing in the privatized housing receive equal shares.
Accommodation in a privatized housing former members family or even strangers does not require their consent in the event that they are not registered there. Privatization applies only to registered family members. In order to write out registered citizens from the privatized housing, who are not members of this family, it is enough to go to court.
Shared privatization implies the ownership and use of property by agreement of all participants in privatization. Lack of agreement between owners leads to litigation controversial issues judicially.
If it is impossible to allocate a share, due to its insignificance, the owner of this share may be paid a sum of money corresponding to the value of his share.
An independent distribution of shares during privatization is also possible. All participants in privatization must agree to such a division. It is recorded in the agreement, which must be notarized.
For the residence of registered minor children in privatized apartment, they automatically become participants in privatization.
If one of the applicants refuses to participate in the privatization, his share is divided equally among the remaining participants, unless a document has been provided indicating the person in whose favor the refusal is made.
When one of the owners sells his share, he will first need to offer it to the rest of the owners of this premises. In case of refusal to purchase the proposed share, the owner can put it up for public sale.
The safest way to give notice of a sale is a written notice sent by mail. The notification will serve as proof that the offer to sell to the rest of the owners took place. If there is no response from the rest of the owners within a month, you can rightfully sell the property to others.
The notice must indicate the price for which this share is sold, as well as other conditions of sale, if any.
Privatization of an apartment for two owners
Privatization of an apartment for only two owners during the stay more registered persons is possible, you just need to get written refusal the rest of the applicants for participation in the privatization. Refusal to privatize will retain their right to use the dwelling.
In the event of the death of one of the owners, the right to dispose of his share passes by inheritance, if there is no will or gift. Information about the registration of the apartment in ownership.
The heirs of the first stage are:
- spouses,
- children,
- the parents of the deceased.
Refusal to privatize an apartment gives the right to live in it for life.
The owner can permanently or temporarily register relatives and non-family members on his share. Temporary registration can be about 3 years. Registered citizens, when selling an apartment, do not acquire any rights to monetary compensation... Registration requires the consent of the second homeowner, if any.
Ownership after share privatization is somewhat more profitable than general privatization. She helps to avoid additional costs with a subsequent divorce, since it does not require the determination of shares. On the positive side privatization in general is considered the acquisition of large rights to housing in which the family lives, as well as certain guarantees that, under certain circumstances, children can apply for this living space.
The privatization of housing in our country began in the 90s of the twentieth century. Then a number of legal acts were adopted, including those that accelerated this process.
Legislative regulation
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The main thing in the privatization of all types of housing is considered to be the law of the Russian Federation, adopted in 1991 "On the privatization of the housing stock in Russian Federation».
The privatization of a share in an apartment is considered in several articles of this law.
Since 2019, the privatization of housing has been declared open-ended and free. Any citizen of the Russian Federation can privatize, that is, transfer from state property to private property. The exception is. If they participated in the privatization with their parents or guardians, then they can privatize the property after reaching the age of majority.
Privatization of a share in an apartment
Privatization is necessary when a citizen wants to be not an employer of municipal property, but a real owner. While outwardly little that changes, a number of advantages emerge. The most important thing is the ability to dispose of your property.
Municipal
Before privatization, all apartments were, with the exception of cooperative ones. Therefore, with the privatization, there was a rare opportunity to transfer this property to private. Along with this, new problems have arisen, when one of the relatives wants to privatize housing, and the other does not.
This is due to internal problems, but the goal is to sell your share of real estate.
Law in in this case allows the registration of ownership of a share only if all housing is privatized.
Privatization of a stake in municipal apartment takes place taking into account the opinions of everyone living in it. Consent must be confirmed in writing, the refusal is also made in writing and certified by a notary.
Minor children are also entitled to a share by law. If their rights are violated, privatization will be impossible.
The following conditions must be met:
- registration of equal shares;
- allocation of a share to all residents, including children;
- in the case of their share, a written statement is drawn up.
The share of the abandoned family member is divided equally among the rest. If one of the family members has already participated in privatization, then he cannot take part in it for the second time.
The communal
In, unlike the usual one, all residents have a separate lease agreement. Therefore, it seems to some that the privatization of a share in a communal apartment is possible. Legally, yes, although it is very difficult.
In order to privatize it, the following conditions must be met:
- Selection procedure. This procedure is carried out with the help of the BTI, as a result, each share must have its own technical passport.
- The room to be privatized must have a separate entrance.
- Livability.
The difference from an ordinary apartment will be as follows. In the case of registration of each room in separate room, the owner will have a share proportional to the area of his room.
Common areas will be common property. And if the rooms in a communal apartment were not privatized by all tenants, then they were municipal property, as before.
Parts of the apartment
Partially privatizing the apartment is impossible. A part is a share, in a communal apartment a room is a part. The shares of everyone living in the apartment are equal.
According to the law of the Russian Federation No. 1541-1 "On the privatization of the housing stock in the Russian Federation," only the entire living space can be privatized, with subsequent allocation of shares. Forced privatization of those who wrote a refusal is impossible.
Variants
Despite the fact that it is practically impossible by law to privatize a share of an apartment, there are several options with which the owner will be able to register part of the dwelling.
By agreement of the parties
In order to privatize one room in a municipal apartment, residents must allocate a room for each, while sharing a kitchen and a bathroom. After that, an agreement on the right of use is drawn up, which indicates who is the owner in which room.
The agreement contains the following data:
- Information about everyone living in the apartment, including passport data.
- The address of the apartment and its technical characteristics.
- The division between the tenants of the rooms, where the area of each is indicated.
- The signatures of the parties and the certification procedure by a notary are required.
In fact, such an apartment will already be communal. It will have common areas and separate accounts. In order to split the rent bills, you need to contact the company that calculates the payments.
By law, a separate account can be opened for a room that is at least 2 meters wide. The standard for the area of such a room in each region is different.
Judicially
Forced privatization is possible only through the courts. In the event that the tenants did not give written consent to the privatization of housing, but it did take place, they can challenge this procedure in court.
The court recognizes the registration of property rights as invalid due to a violation of the law. After that, the entry in the USRN is canceled, the money for illegal privatization is not returned to the applicant.
Registration procedure
If you want to arrange a share in an apartment, then the procedure may be as follows:
- obtaining consent for the privatization of all tenants, the interests of children under 14 are represented by their parents;
- obtaining a certificate from the BTI;
- submission of applications and documents to the municipality;
- consideration of the application - 60 days;
- signing a privatization agreement in the housing department local administration where all residents must be present;
- payment of state duty, each pays in accordance with his share;
- registration of ownership at the local branch of Rosreestr or the MFC.
Since 2016, after registration of property rights, they do not issue a certificate state standard... Now it is being replaced by an extract from the USRN.
Required documents
Together with the process of obtaining consent for privatization, it is necessary to collect. The following documents will be required:
- social employment order or contract;
- technical passport from BTI;
- cadastral passport;
- identity cards of all applicants (passports and birth certificates);
- receipt of payment of state duty.
For the registration certificate from the BTI and the cadastral from Rosreestr, you need to pay a state duty. If you want to save time when processing documents, refer to the Rosreestr website.
There you can leave an application for obtaining cadastral passport and pay by card. You just have to go to the office for the document.
Advantages and disadvantages
If we weigh the advantages and disadvantages of privatization, then of course there will be more advantages. The biggest plus is that the funds invested in real estate are in your hands. It is impossible to sell an apartment without privatization. Also, as well as exchange, donate, bequeath.
Non-privatized housing belongs to the state. Moreover, non-payment utility bills will not be a reason why you can be evicted.
Of the minuses, the most famous is that when resettling a non-privatized apartment, residents are given as many meters as required by law. Residents of a privatized apartment are settled in the same size living space. A small minus is the property tax.
On the video about the registration of a share in ownership
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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:
- mandatory 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, the tax deduction is also distributed on a percentage basis.
Based on the foregoing, it can be concluded that the overall share privatization 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.
