Privatization of housing. To be or not to be the owner?Before the end of free privatization of apartments remain several months. Prolonging privatization in February, 2013, deputies of the State Duma emphasized that it becomes last time as for 23 years of operation of the law on privatization it was possible to be determined by the matter.
It is known that the owner of the apartment has an opportunity not only to own and use it, but also to dispose, i.e. to hand over in hiring, to sell, bequeath and so forth
In the general cases a package of documents for the conclusion of the contract of transfer of the apartment to citizens consists of the state or municipal ownership from:
- applications for privatization of the occupied premises;
- warrants or contracts of social hiring;
- extracts from the house register with information on the citizens registered on this square from the moment of obtaining the warrant;
- financial personal account.
In case of change of the residence during the period since September, 1991 till present, it is necessary to provide extracts from house registers from all places of registration or the certificate that did not participate in privatization.
Such reference can be received in Rostekhinventarization`s bodies (as before - BTI) or in establishment of justice, administration of the rural (city) settlement and so forth. In this case regional directives work.
One of important is the question: which of the persons registered in the apartment will participate in privatization? Full age family members can refuse participation in privatization. Visit to the notary is in that case necessary for registration of the corresponding refusal.
The list of documents can be added depending on a concrete situation or local law-enforcement practice. In certain cases as the title document not the contract of transfer of the apartment from state ownership serves citizens, and the judgment.
So, the persons discharged from military service workers and employees of military units for many years could not participate in privatization. The matter is that Art. 4 of the Law on privatization of housing stock establishes a ban on privatization of the apartments which are in houses of the closed military camps.
At the end of 2011 the changes made to the list of the closed military camps by orders of the Government of the Russian Federation moved apart borders of the privatized housing stock of the Ministry of Defence. However and so far the order of transfer of premises to property to citizens by department is not developed.
After the appeal to Department of housing providing with the statement for transfer of the occupied apartment to property citizens receive “the letter of happiness“ from which follows that recognition of the property right to the occupied apartment is possible only as civil legal proceedings. According to provisions of the law on the state registration of the rights for real estate judicial acts are the basis for state registration of the right for such property.
Other case of the appeal of citizens to courts with claims for recognition of the property right to the apartment is non-compliance by the owner of premises with the requirement about confirmation of earlier arisen right in the Unified State Register of Rights which need is established by the law from 9. 06. 2003 No. 69 - Federal Law.
Absence in EGRP of record about earlier arisen right, despite existence of the signed contract of transfer of premises to property of citizens, makes impossible transition registration the rights for apartments transferred as privatization.
Absence at citizens of the documents confirming the conclusion of contracts of social hiring is one more reason of privatization through court. As a rule, these circumstances arose at the citizens occupying premises which are on balance of the joint-stock companies which are assignees of the state enterprises. On this category of affairs courts recruit in business the appropriate authorities which are carrying out functions on management of the state and municipal housing stock in this connection process lasts for several months.
When the statement of claim and documents are prepared competently, procedure of recognition of the property right in a judicial proceeding lasts about 3 - x months. If in documents there are flaws or process is postponed from - for holidays (diseases) of the judge, then it drags on before half a year.
When giving in office of service of the state registration of a statement about registration of the property right on the basis of the contract of transfer of the apartment to property of citizens or judgments it is necessary to put technical data sheet of premises and the cadastral passport .
As with 01. 01. 2013 the law on the State Immovable Property Cadastre works fully, for primary registration of the property right of citizens for the apartment it is necessary to carry out the cadastral registration of the apartment. For this purpose it is necessary to submit the application to the specialized organizations for production of technical data sheet for the apartment. On the basis of technical data sheet the Cadastral chamber issues the cadastral passport of a real estate object which represents the extract from the inventory of real estate containing unique characteristics of a real estate object.
The citizens who decided to privatize housing should mean that preparation of technical documentation takes about 2 months.
Besides, in certain regions of office of Rostekhinventarizatsi refuses to adopt petitions from citizens, explaining with the fact that production of documents of the technical account is impossible as the house standing on balance of the ministry or department in general is not measured. Therefore citizens are forced to address to the higher organizations or with the claim for a duty to carry out the technical account to court.
As we see, the issue of privatization of the apartment needs to be resolved today since for some citizens the situation is similar to that when it is necessary to manage to jump on a footboard of the leaving train.