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 real estate.
Law in in this case allows the registration of ownership of a share only if all housing is privatized.
The privatization of a share in a municipal apartment takes into account the opinion 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 a 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. In addition, non-payment of utility bills will not be the 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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Privatization of an apartment by shares has its own characteristics. What is the procedure for the share privatization of an apartment provided for 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.). 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 apartments provide 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, even in the absence of the consent of this owner, oblige the other participants in the shared ownership 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 the statement of claim is submitted 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 of the dwelling (from the 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 procedure for dividing utility bills by the number of residents 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, then 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
V jurisprudence often questions 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 go to court with statement of claim on the recognition of property rights 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.
When an apartment or its share is not in the ownership of residents, many difficulties and problems arise. The main thing is that it cannot be sold or transferred to third parties. In view of this, the issue of privatization of a part of an apartment, its share or the whole, in equal or unequal parts, does not lose its relevance.
The legislation provides for the right of every adult citizen to receive ownership of the housing in which he lives, if it belongs to state or municipal authorities.
The law defines the concept of privatization - as the free transfer of housing (or its share) into the ownership of citizens of the state and municipal housing stock, in which they live on the basis of a housing lease agreement. Shared privatization of an apartment is also defined in the said law.
Despite the fact that the same law has been in effect for many years, governing the transfer of ownership of housing, those who have not specifically dealt with the procedure are likely to need legal assistance. The privatization of an apartment or its shares, including privatization in unequal shares, is regulated in some detail. The most difficult problems in legal practice are the problems of satisfying the interests of all co-owners of the premises used. At the same time, situations are often possible when persons living in a residential building or house are in a state of conflict or simply do not want to participate in the process of allocating housing or its share.
Obtaining ownership of housing can be carried out by allocating unequal shares. In this situation, the main thing is the consent of all tenants involved in the design of the apartment, and its unequal shares. It is also necessary to take into account the rights of minors. The issues of accounting for their parts will be defended by the guardianship authorities, especially when unequal shares are allocated.
The procedure for obtaining ownership of housing
To understand how the privatization of a part (share) of an apartment, for example, a room, takes place, you need to know a few key things:
- firstly, in accordance with Russian legislation- any housing is an integral indivisible object, therefore, share privatization can be carried out only under certain conditions;
- secondly, such a condition is the privatization of an entire apartment by all persons living in it (or the refusal of individuals to receive municipal housing), after which the allocation of a share of the premises into an independent object of property rights belonging to one person. It is also possible to allocate shares (both equal and unequal) of an apartment in the process of its design as an integral object;
- thirdly, housing can be transferred into ownership, both in equal shares to all persons living in it, and in unequal shares;
- fourthly, the privatization of a part (share) can only apply to one's own room and does not apply to common areas (kitchen, bathroom, toilet), all residents can use them with equal rights. In any case, these premises will be shared objects, which will also be taken into account in the process of transferring them into ownership, and will be reflected in the documents certifying the ownership.
Read also How to effectively bargain when buying an apartment: strategy and tactics
So, the privatization of an apartment (including the allocation of shares) includes:
- execution of a notarized power of attorney for one of the family members who will deal with these issues;
- preparation of a set of documents for submission to the relevant state or municipal authorities (order, lease agreement, extract from the house book, personal accounts, technical passport for the premises, identity documents of residents, relevant certificates that the applicants have not yet exercised the right to transfer to property of a dwelling, an application for an apartment in equal shares). A situation is possible when one of the tenants refuses to participate in the registration, then it is advisable to notarize this refusal. The part of the person who refused to privatize will be evenly distributed among the remaining participants.
- filing an application for privatization and a package of documents attached to it to the municipality at the location of the dwelling. At the same time, do not forget that the municipality would put a mark on the copy of the submitted application.
After the decision by the municipal authorities will be concluded either divided in equal shares between the tenants.
Prepare the appropriate technical documentation for the parts of the apartment, allocated in shares (equal or unequal), for which contact the bureau of technical inventory or other organizations providing such services.
Registration of a privatized apartment in shared ownership represents the transfer of residential premises previously owned by the state or municipal housing stock, to property of several persons participating in this transaction. Each of the owners, after the transfer of ownership, receives his a certain part (share) living space that can:
Special order is not different from general privatization apartments (per owner), and represents the ownership and use of housing for all owners.
It should be borne in mind that in the apartment does not seem possible, since this housing is an indivisible real estate object.
Who has the right to a share in a privatized apartment
All citizens who are registered by permanent place residence in a dwelling on the basis of have the right to participate in privatization. An adult capable person has the right to refuse from participation in the privatization process, at will. In addition, if an adult citizen is discharged from municipal apartment, then he in his case will lose the right to participate in its privatization.
But it is worth considering the following: if a minor has been registered in the apartment since birth, it will have it even if it is removed from the registration at the place of residence.
The privatization deal necessarily requires consent from all co-living adults, as well as between the ages of 14 and 18 years. All these citizens are entitled to apply statements of intent to participate in privatization.
Residential premises can be transferred to, as well as into the ownership of one of the persons living in the apartment. Minors “automatically” become obligatory participants privatization.
A citizen who was absent at the time of privatization, but, in turn, has the right to participate in it, keeps it for itself after returning from military service or from a place of imprisonment.
Is it possible to deprive a share?
In Art. 252 of the Civil Code of the Russian Federation contains a provision that common real estate, which belongs to several owners, can be divided by agreement between them.
It is possible to deprive the owner of his part in an apartment after privatization only in the following cases:
- If achieved voluntary consent shareholder. As a result of negotiations, the parties made a mutual decision that suits all owners.
- Deprivation of ownership on the basis judgment... There are cases when the court makes a decision to terminate the ownership right or to expose the share of the apartment to. Such a situation is possible with debt on utility bills v large sizes or equal to the value of the share.
- Another option is forced redemption insignificant share. When part of the owner's property is small and it is impossible to really allocate it, in addition, it does not have a significant interest in the use of the common property, the court can deprive the owner of an insignificant share, replacing it with the obligation of the other participants to pay him compensation.
There is a three-room apartment owned by Ivanov and Petrov. Ivanov has a share of 5/6, and Petrov has 1/6. Ivanov went to court demanding the compulsory redemption of Petrov's share, on the basis of its insignificance. A commission specially organized by the court determined that some of the apartments that belonged to Petrov were really insignificant, had no significant interest and could not be allocated separately. Petrov did not dispute the commission's assessment and received his monetary compensation, ceased to be the owner of an insignificant share.
How to privatize an apartment in shares
Immovable property may be located in common ownership, where for each person a specific part of it is determined (shared ownership) or even without defining shares(joint ownership).
In order to privatize residential premises, you will definitely need permission of all citizens who have the right to receive a specific object in their possession.
Privatization of an apartment into shared ownership is possible when the property is divided in equal or unequal parts. In order to privatize a specific share, it is required to obtain ownership of the premises that belong to the state, and the division will take place upon signing the corresponding agreement.
Registration of privatization includes:
- Writing statements and collecting the necessary documents that must be submitted to the housing department or the MFC.
- Signing contract on the transfer of housing to the ownership of several persons (by shares).
- Obtaining a document confirming ownership (extract from the USRR).
If any person refuses to participate in privatization, his refusal must be made in writing and notarized... In this case, part of the property from which the person refused proportionately distributed among the remaining participants in the privatization.
If one of the participants in the privatization has died
A situation is possible in which a citizen, having submitted an application for privatization and Required documents, dies until the moment registration the contract for the transfer of residential premises or before state registration transfer of ownership. This circumstance will not serve as a basis for the cancellation of privatization or refusal of it by the authorized bodies.
In this case, the share of the deceased is included in hereditary mass, and the recognition of ownership of it by the heirs requires a judicial review.
In order for the disputed share of the apartment to be inherited, it is necessary to submit to the court proof, confirming the fact that the deceased person, during his lifetime, expressed the will to acquire part of the property in the privatization procedure.
One of such evidence can serve as personal statement of privatization written by a citizen during his lifetime.
Clause 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 08.24.1993 No. 8 establishes that the expression of will to privatize an apartment occurs not only at the moment when the person has submitted the appropriate application, attaching the necessary documents, but also when the testator did not have time to collect all the documents necessary for privatization, but intended do it.
How are shares in an apartment divided
There are three main types of property:
- Individual property (only one owner);
- Equity ( multiple owners with a clearly marked part of the property);
- Joint (several owners of common property, which not divided whether it is necessary).
Shared privatization is possession and use residential property by agreement all participants in privatization. If it is not possible to allocate a share, the owner may be sum of money paid equal to the value of a part of the property.
If all the participants in privatization jointly decided to distribute the shares on their own, then such a division of property should be executed by the corresponding agreement which requires notarization.
In cases where the participants in privatization cannot independently agree on the division of property, and equal share ownership does not suit them either, the court is empowered to resolve such a dispute.
If one of the participants in the privatization decided to give up his part, then it is divided equally among the rest of the applicants.
How to allocate a share in a privatized apartment
Allocation of a share in privatized apartment can happen in kind or in percentage ... Each participant in privatization has the right to his share of real estate.
To highlight a share in nature, you need go to court with a statement, attaching the necessary documents to it for the apartment itself. They will be able to divide the apartment in kind only if each owner gets full-fledged isolated room such an apartment. For this, the court creates a specialized commission, which determines on the spot whether the allocation of a share is possible or not. Subsequently, on the basis of the decision of the commission, the court makes its reasoned decision.
If the apartment is small in size and it is simply impossible for each owner to allocate a separate isolated room, then the allocation of a share in kind is impossible. In such a situation, the court will count and award part of the property in percentage terms.
Allocation in kind is more applicable to one-story private houses, since for an isolated room the law requires the presence of a separate entrance.
For persons who live in apartments multi-storey building better determine the order of use apartment or sell your share.
Agreement on the determination of shares in the apartment
This document clearly defines which specific part real estate and its size will belong to a specific person after the registration of such a document.
- details of the parties (passport data, registration addresses);
- type of property (apartment, house);
- its location (address, entrance, floor);
- full specifications real estate (number of rooms, square);
- information about what share of the property will belong to each person;
- other information (when the document comes into force, the number of copies, etc.);
- signatures of the parties.
For his correct drafting it is better to contact a qualified notary who will help you take into account all the nuances, as well as certify the document.
Refusal of a share in the privatization of an apartment
There are two main ways to refuse a share when privatizing an apartment:
- With the help of a donation agreement;
- Non-participation in privatization.
One of the most common ways to give up your share is to donate it to other members. To complete such a procedure, you will need consent of the person, to whom the donated part of the property will be transferred, i.e. donee, while consent from other homeowners not required.
The share donation agreement itself is drawn up in writing, which is mandatory certified by a notary(Clause 1 of Art. 42 Federal law dated July 13, 2015 No. 218-FZ "On state registration of real estate").
After the registration of the donation agreement, having paid the state fee, the transfer of rights follows register with Rosreestr... If the donor was married at the time of acquiring ownership, it is necessary to present spouse's notarized consent.
You can give up part of the ownership of housing at a stage. To do this, the person needs to issue a consent to privatize the apartment without his participation. Such a document is certified by a notary and is included in the package of documents that is required for privatization.
It is worth noting that giving up your share impossible to carry out in favor of a specific person who lives in the apartment. The proportion of the person who gave up on it will be distributed between all persons who are involved in privatization. The share can only be changed on the basis of an agreement on the determination of shares.
Conclusion
The apartment can be transferred to the common share ownership, as well as to the ownership of one citizen living in it.
If one of the participants in the privatization dies, it will be necessary to prove his intention to privatize such housing during his lifetime. A statement written by him can serve as proof. At positive decision part of the property of the deceased will be transferred to the ownership of another person through inheritance.
Allocation of a share in a privatized apartment can occur in kind or as a percentage. If it is not possible to allocate a share, the owner can be paid a sum of money equal to its value.
You can give up your part of the real estate using a donation agreement, or simply not participate by filling out your waiver with a notary.
Question
If you donate a share in a privatized apartment, does the person lose the right to privatization?
Hello, I have a ½ share in a privatized apartment. Now I plan to donate my share to my sister... She has never participated in privatization, will she be able to participate in privatization after she accepts as a gift my share in the future, or will she no longer have such a right?
