Many people, privatizing their housing, do not quite imagine what burden of responsibility they take upon themselves. In accordance with Art.
1 of the RF Law “On the Privatization of the Housing Fund in the Russian Federation” of July 4, 1991 No. 1541-I (hereinafter referred to as the Privatization Law), the privatization of housing is referred to as its gratuitous transfer to common joint or common share ownership to persons registered in this housing provided they did not use their right to privatize before. What does the privatization of housing?
The most important and indisputable advantage of apartment privatization is that it becomes the property of its owner. You can, at your own discretion, own, use and dispose of it (sell, exchange, lease, donate or leave a legacy to relatives). The apartment provided by social employment, you can not dispose of.
In addition, you can use your privatized apartment as collateral for a consumer loan from a bank for the purchase of high-value goods (car, summer house, other apartment, etc.).
An important condition for obtaining a loan is that no one should be registered in the apartment to be pledged (especially children who have not reached the age of majority). But the privatization of apartments has some negative points.
As an owner, be prepared to bear the extra cost of maintaining your apartment. For comparison: utilities for the use of housing under a social contract are cheaper. Moreover, over time it is planned to increase utility bills for owners of privatized housing.
And one more thing: if you privatize a room in a communal apartment or in an apartment of a small area, it will be extremely difficult for you to further improve your living conditions at the expense of the state.
The following documents are necessary for privatization:
- extract from the house book (contact passport office);
- certificate of passport replacement after 1991 (contact passport office);
- a copy of the financial and personal account (contact the EIRC);
- warrant (requested by EIRTS upon presentation of copies of passports, BTI documents, extracts from the house register);
- BTI documents;
- copies of passports of all registered in the apartment being privatized;
- in the case of participation in the privatization of minor children – copies of their birth certificates.
In any case, we recommend that you once again clarify which documents you will need in the body in which you draw up the contract for transferring the apartment to the property.
A room, apartment or house in which several people live, in most cases in the order of privatization are transferred to citizens in common ownership. According to Art.
244 of the Civil Code of the Russian Federation, property (including real estate) may be in common ownership (two or more persons) with the definition of the share of each in the right of ownership (shared ownership) or without the definition of such shares (joint ownership). As a general rule, common ownership of property is shared, with the exception of cases when federal law provides for the formation of joint ownership of this property.
For our reader, we clarify that shared ownership is the property of two or more persons with an exact definition of shares in the property of each of the owners (for example, an apartment is privatized and is in shared ownership of a mother, father, and child — the child owns a ½ share apartments, and parents – at ½ each). The size of shares is determined by the participants in the share ownership independently.
Privatization of an apartment into common joint ownership is possible only if it is privatized by the spouses, since the spouses have established a joint ownership regime for the spouses, unless otherwise provided by the contract (marriage contract) (part 1, art.
34 SK RF). If the apartment is privatized, along with the spouses, by other persons (for example, relatives, children, etc.), the apartment can be privatized only into common shared ownership.
With common ownership, each participant in privatization can, at his own discretion, sell, donate, bequeath, etc. his part of the privatized property. At the same time, he is obliged to observe the preemptive rights of buying his share by other owners, since, according to the law, “other participants have a preemptive right to buy a share in relation to other buyers” (Art. Art.
246, 250 of the Civil Code of the Russian Federation).
With a common joint ownership, the disposal of an apartment is carried out only with the consent of all the participants (Art. 253 of the Civil Code of the Russian Federation).
But in the event of a creditor applying for the share of one of the spouses, their common property is necessarily divided into shares (Article 38 of the RF IC).
A similar situation occurs when the surviving spouse inherits the property of the deceased spouse.
To conclude a privatization contract, the presence of all apartment tenants is not required. The contract can be concluded in the absence of all tenants of the apartment.
To do this, you can resort to the services of a notary. You can issue a notarial waiver of privatization in favor of the person entering into the contract, or give him a power of attorney to represent his interests.
Many are concerned about the question of how children, who have not previously participated in privatization, automatically receive a share when they register their property in their homes. That is, if they are registered in a dwelling that is undergoing the privatization process, it is impossible to issue it into property without their participation? We answer.
Part 2 of Art. 7 of the Law on Privatization, it is established that “minors are included in the contract of transfer of residential premises to the property. »This provision should apply subject to Part 1 of Art.
2, which refers to the procedure for transferring residential premises to the common property of family members, including minors.
However, one should not draw a conclusion on the mandatory inclusion of minors in the contract and, consequently, on the transfer to them of the property of part of the dwelling. Minors living together with the employer and who are members of his family or former family members, have equal rights with adult users, but are not obliged to become members of the common ownership of this room.
Refusal to include minors in the number of participants in the common ownership of the housing to be privatized can be carried out by guardians and trustees, including parents and adoptive parents of minors, only with the permission of the guardianship and trusteeship bodies.
On this issue, an explanation was given in the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 8, 1993 No. 8, which refers to the possibility of refusal on the part of parents and other legal representatives of minors to include the latter in the number of participants in common apartment ownership with the consent of the tutorship and guardianship authorities: “Refusal from participation in privatization can be carried out by parents and adoptive parents of minors, as well as their guardians and trustees only with the permission of the said authorities ”. In practice, the guardianship and custody bodies in order to protect the housing rights of minors, as a rule, insist on the inclusion of minors in the contract of transfer of residential premises into the ownership of citizens.
The deadline for the privatization of the housing stock was to expire on January 1, 2007. But since the number of people wishing to formalize state-owned apartments turned out to be so great that the Federal Registration Service could not cope with the flow of applications, it was decided to postpone the deadline to March 1, 2010. It was 2010 that about 20% of Russian citizens still did not exercise their right privatization.
In this regard, Russian President Dmitry Medvedev signed a law to extend the privatization of housing until March 1, 2013.
Another very important point of observance of the rights of minors who are the owners of an apartment on an equal basis with their parents (in the case of common equity privatization). As you know, minors can not make their own transactions.
Therefore, the same rules apply to transactions of legal representatives with the property of a minor, which apply to guardians when disposing of the property of the ward. Thus, legal representatives NOT TO RIGHT WITHOUT A PRELIMINARY PERMISSION of the guardianship and custody authority to make or give consent to making transactions on alienation, including exchange or donation, of minor property, renting it out (for rent), for free use or as a mortgage, transactions, entailing a waiver of rights belonging to the minor, the division of his property or the separation of shares from it, as well as any other transactions entailing a decrease in the property of the minor (Art.
28, 37 of the Civil Code of the Russian Federation “Minor’s capacity”, “Disposal of the ward’s property”).
That is, if you suddenly decide to sell your privatized apartment, in which, apart from you, minor children are registered, you first need to contact the guardianship authority and present convincing evidence that the rights of the child from the forthcoming sale of the apartment will not be violated. Otherwise, your transaction for a child in part of his share in an apartment will be denied.
A minor who lives with his parents as a result of the privatization of the dwelling they occupy becomes a participant in the common property, that is, acquires the status of the owner of the dwelling. Paragraph 5 of Art.
60 of the Family Code of the Russian Federation it is established that in the event of the emergence of the right of common ownership of parents and children, their right to own, use and dispose of common property is determined by civil law. In turn, Art.
210 of the Civil Code of the Russian Federation, paragraph 3 of Art. 30 of the Housing Code of the Russian Federation provide that the owner bears the burden of maintaining the property (including residential premises), unless otherwise provided by law or contract. These duties in relation to such property as residential premises are connected with the need to maintain it in proper condition (carrying out current and capital repairs), pay taxes prescribed by law, pay various kinds of fees and payments to state and municipal funds, etc.
According to Art. Art. 154 and 155 of the housing estate of the Russian Federation, the owners of residential premises bear the costs of their maintenance and repair, as well as pay for utilities. However, given that a young child is unlikely to be able to fulfill this duty, the responsibility to bear these costs for a minor is assigned to his parents (guardians, trustees).
The duty of parents to maintain their minor children is established by the Family Code of the Russian Federation (see Articles 60, 80 of the RF IC).
It occurs with the birth of a child and ends when he reaches 18 years of age. That is, when you privatize an apartment into common ownership, you will receive several bills for utility bills – for yourself and for the child.
You must pay both bills.
Art. 4 of the Law of the Russian Federation “On the privatization of housing in the Russian Federation” dated July 4, 1991 No. 1541-I directly states that residential premises that are in emergency condition, be it a room or an apartment in a dormitory, in the house of a closed military town as well as official living space, with the exception of the housing stock of state farms and other agricultural enterprises, which are equivalent to them, and the housing stock of rural social protection institutions located in rural areas.