To implement what the authorities planned. Read also about what to do if privatization, and how to get an apartment through the court.

The essence of the document

Agreement Apartment privatization is a document on the basis of which municipal living space is transferred into the ownership of the tenant.

He is a two-sided document, concluded between the landlord (local government bodies) and the tenant (citizen living in the apartment under a social tenancy agreement).

After the process is completed, the instance the contract must be in hand from the owner as confirmation of his rights to real estate. You can see a photo of what the document looks like, and also download a sample agreement for the privatization of an apartment in the next paragraph.

Registration procedure

Procedure for drawing up the Agreement regulated and the Privatization Law. It is compiled by specialists from private organizations or administrations.

It should include the following items:

1. Information about the property (address, square footage, number of rooms, etc.).
2. Data of the parties involved (employers and local governments).
3. Information about .
4. Information about the owner of municipal housing.
5. Information about the document on the basis of which tenants live in the apartment (,).
6. Information on the distribution of shares (when registering an apartment as shared ownership).
7. Responsibility of the parties.
8. Conditions for the transfer of housing ownership to individuals.

The document is sealed, administration stamp and certified by signatures sides The number of copies must match the number of those concluding it.

After the procedure, each participant in the process must have the original in their hands.

What does an apartment privatization agreement look like? You can see the photo.

The agreement is of an unlimited duration and is necessary for the further receipt of title documents from state registration authorities. After registration, it is submitted to Rosreestr, and on its basis, each participant in the process is issued a Certificate of ownership of the apartment or its share.

For registration Certificates of ownership 60 calendar days are allotted. Failure to comply with these deadlines may become an obstacle to the final execution of the transaction.

Termination

A prisoner The contract can be terminated, if the owners decide that it is more profitable for them to live in municipal housing or the transfer of ownership was carried out with violations. This occurs during the process of reverse privatization and is called .

If a citizen who has registered ownership of municipal housing decides to return it to the state, he terminates the transaction. In this case, the document is considered invalid and the person loses all rights.

For this an application must be submitted to local authorities and obtain permission to terminate.

An application for termination can be submitted to the MFC. If the authorities refuse, the procedure is carried out.

In the same time termination is not possible subject to the following conditions:

1. One of the owners is against termination.
2. The living space is encumbered in the form of collateral from a credit institution.
3. In privatization a minor participated citizen.
4. The owner owns another residential property.
5. New tenants are registered in the apartment after the conclusion of the contract.

If the contract is terminated, it will not be possible to re-enter it for this premises.

In addition, the person who participated in the termination loses his rights. Re-engage in privatization even another living space it won't be possible.

What to do if the document is lost?

The housing privatization agreement has been lost, how can I restore it? If you lose a document, you must obtain a duplicate from the former owner of the residential premises, that is, the organization with which you signed it. It must be restored without fail, since no transactions for the alienation of the property in the future will be possible without it. A duplicate will be issued to you within 7 days after submitting the application.

Useful information in the video:

Grounds for invalidation

If any condition of the transaction is violated, it may be declared invalid. The period for filing a claim is one year.

Agreement for the transfer of an apartment into the ownership of citizens during privatization, may be declared invalid on the following grounds:

• one of the participants was misled;
• document pressurized;
• incapacitated persons participated in the process;
• some of those registered did not take part in privatization and did not receive a share;
• when checking out there were the rights of citizens under 18 years of age were violated.

On these grounds lawsuit on declaring a document invalid can submit owners, people registered at this address at the time of privatization, government agencies, guardians of incapacitated and minor citizens, prosecutor's office, guardianship authorities.

Compliance with all legal conditions when concluding an agreement on the privatization of residential premises will help you avoid further troubles in the use of this premises, as well as in transactions for its alienation.

4. The transfer of housing into the ownership of citizens is formalized by a transfer agreement concluded by the local administration, enterprise or institution with the citizen,

receiving ownership of residential premises in the manner established by the authority

local government (Article 7 of the Law on Privatization). Form of “Sample Agreement”

transfer of residential premises into the ownership of citizens" is established by the "Approximate

regulations on privatization" (Appendix 3).

The agreement is concluded in simple written form (see Article 161 of the Civil Code of the Russian Federation). Notarial

certification of this agreement is not required, and, therefore, the state

no duty is charged in these cases. However, as follows from Art. 163 Civil Code of the Russian Federation,

it is possible to carry out, by agreement of the parties, this transaction in a notarial

form. Accordingly, notarization of the agreement provides

payment of state duty by a citizen registering the privatization of residential premises.
5. With regard to the exercise of ownership rights to the housing stock (residential

premises), including their disposal, then these issues should be guided by

Art. 125, 209, 212-215, 288, 294, 296, etc. Civil Code of the Russian Federation. As a general rule, the solution

on the transfer of real estate, including housing, to other persons must be accepted

owner or his authorized body (person). However, this Law

the right is granted to both state and municipal enterprises and institutions,

to which the housing stock is assigned the right of economic management or operational

management (Articles 294 and 296 of the Civil Code of the Russian Federation). This provision does not contradict civil

legislation, since according to Art. 217 of the Civil Code of the Russian Federation laws on the privatization of state

and municipal property (which includes the Law on Privatization) can

establish a different procedure for the acquisition and termination of ownership rights,

than the procedure provided for by the norms of the Civil Code of the Russian Federation.
6. The agreement is subject to registration in the prescribed manner, and only from this moment citizens have ownership rights to privatized housing.

This procedure is based on Art. 131 and 223 of the Civil Code of the Russian Federation, according to which the right

ownership of real estate, including housing, is subject to state

registration; in cases where the alienation of property is subject to state

registration, the acquirer's ownership rights arise from the moment of such

registration.

According to Art. 131 of the Civil Code of the Russian Federation, state registration must be carried out

institutions of justice on the basis of the Federal Law “On State Registration of Rights to

real estate and transactions with it" dated July 21, 1997 N 122-FZ.

Currently, registration of these agreements is carried out mainly

local government bodies (in Moscow - Office for Housing Privatization

Department of Municipal Housing). Federal Law “On State Registration of Rights

on real estate and transactions with it" provides for a phased transition of functions

for registration of real estate to justice institutions that are state

organs. Creation of systems of justice institutions for registration of rights to real estate

property and transactions with it are carried out by subjects of the Russian Federation and must be completed

by 2000. For more details on these issues, see the commentary. to Art. 6 Basics
7. Part 2 art. 7 of the Privatization Law establishes that minors are included in the contract for the transfer of residential premises into ownership... Given

The provision should be applied taking into account Part 1 of Art. 2, which talks about the transfer order

residential premises in the common ownership of family members, including minors;

It would be advisable to place it in Art. 2, and not in Art. 7. Nevertheless

from them it should be concluded that it is mandatory to include minors

age in the specified agreement and, therefore, about the transfer of ownership to them

parts of the living space. In particular, in the “Approximate Regulations on Privatization”

(clause 3) it is stated that minors living with the employer

and who are members of his family or former family members, on an equal basis with adults

users have the right to become participants in the common ownership of this premises;

refusal to include minors in the number of participants in common property

for privatized residential premises can be carried out by guardians and trustees,

including parents and adoptive parents of minors, only if there is

permission from guardianship and trusteeship authorities.

In practice, guardianship and trusteeship authorities, as a rule, insist on

inclusion of minors in the contract for the transfer of residential premises into the ownership of citizens

How is privatization carried out?

The contract for the transfer of an apartment or other residential premises into the ownership of citizens, in other words, the so-called privatization, is carried out in accordance with the law (Federal Law No. 16-FZ of February 25, 2013) free of charge.

Privatization means the ability of a citizen to legalize his home in order to use this object at his own discretion (use, rental, sale, donation, bequest, etc.) in accordance with the current Housing Code of the Russian Federation.
One of the features of privatization is that in order to draw up an agreement for the transfer of an apartment, the agreement of all adult family members living together with the applicant in the given area is required. Finding a sample of such an agreement will not be difficult. You can discuss the details of the sample in more detail, for example, in a law firm, where at the same time you can draw up your own agreement between the members of your family living at this address. All persons under the age of majority are automatically included in the number of owners, with equal rights with the applicant. The right to privatization can be used only once, with the exception of cases where the person applying for this opportunity previously participated in privatization as a minor family member. In this case, the law allows you to participate in privatization again after reaching adulthood.

A look into history

Previously, as you know, until 1991, an apartment was “issued” to a citizen by the enterprise where the person worked. Moreover, such an apartment was not property. A citizen, the so-called responsible tenant, moved in there by order or under a social tenancy agreement, which also included his closest relatives. An agreement between family members could regulate the rules of use and responsibility for obligations in the residential premises. After the “Law on the Privatization of Housing Stock in the Russian Federation” of July 4, 1991 came into force, citizens of our state were given the opportunity to register the housing they were given and transfer it into ownership, in other words, to privatize it.
At first, due to the fact that the process of transferring residential premises into ownership (privatization) had not yet been sufficiently streamlined in practice, a number of important points were not taken into account. For example, in the period from 1991 to 1993, the rights of minors were often violated. The fact is that at the initial stage they were simply not included in the number of apartment owners, losing sight of this important point. After certain precedents began to arise, they realized that this procedure was somewhat modified, thereby legitimizing their rights for minors.
Therefore, in some cases, when purchasing such an apartment, it is worth paying special attention to the date of conclusion of the privatization agreement. If it falls into this period (1991 -1993), it would not hurt to be on the safe side by sending an additional request to the passport office for the presence of minor children registered at this address at the time the contract was concluded. If there are any, then appropriate measures will need to be taken. One of the options is to find a former minor living at that time with the owner of the apartment and take a notarized statement that he has no claims regarding this fact. A sample application will be provided to you at the notary's office.

Package of necessary documents

List of documents provided to the body carrying out state registration at the location of the property:

• application for state registration of transfer of rights in the manner of privatization;
• applicant's passport;
• a power of attorney certified by a notary (if the applicant is a representative of an interested party, in other words, a proxy);
• receipt of payment of the state duty for state registration of the right;
• agreement for the transfer of ownership of residential premises;
• a social tenancy agreement or order, which is the basis for the transfer of rights;
• extract from the house register;
• a copy of the application for refusal to transfer ownership rights in favor of citizens also registered at this address (if not all residents, in accordance with the agreement, acquire ownership of this residential premises);
• other documents necessary for state registration of rights.

Agreement for the transfer of ownership of an apartment

The only thing that must be done is to register the property (apartment) in the manner prescribed by law. After registering the application, the owner is issued a Certificate of State Registration of Rights.
A sample agreement for the transfer of ownership of residential premises describes all the parameters of the property, the conditions for the transfer of the apartment, its use, the number of owners and the shares determined by them. In addition, a sample of such an agreement provides for an indication of the parties involved in this process and the grounds allowing for privatization (social tenancy agreement or warrant).

Privatization of residential real estate has been carried out since the beginning of July 1991. Privatization means the free transfer of municipal and state housing into private ownership to citizens voluntarily.

The tenant, as well as citizens registered in a municipal apartment, have the right to privatization.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve your particular problem - contact the online consultant form on the right. It's fast and free!

Only those who are registered and live in the given residential premises can take part in the privatization process. Children who are registered also participate in privatization.

If necessary, municipal authorities and housing authorities can provide a standard form for privatization. You can search for it on the official portals of regional housing structures. You can also visit the website

Blank application for privatization Now they buy from specialized real estate agencies or purchase from a notary.

Remember! Government bodies prohibit the privatization of housing recognized as unsafe, apartments in military camps, dorm rooms, and office premises.

What documents are needed to draw up a contract for the transfer of ownership of an apartment?

Before going to the City Administration and writing an application, you need to have a package of documents with you. Here are the ones that are required:

• Originals, as well as copies of passports of people participating in the privatization process;
• Birth certificates for minors;
• Social tenancy agreement or order;
• Extract from the house register;
• Cadastral passport; (cm. )
• Technical certificate; (cm. )
• Document on the right to free privatization.

Remember! Free privatization is allowed to each citizen of the Russian Federation only once. You can privatize again only by court decision if there were violations of rights or privatization was carried out before the age of 18.

How to correctly write an application for privatization of an apartment?

Sample application for privatization of an apartment must contain:

1. Full name of the citizen who submitted the application;
2. Information about birth, address, citizenship, as well as passport details of those wishing to privatize real estate;
3. Last name, first name, patronymic of the future owner or owners of the property;
4. Technical passport for the apartment;
5. Notarized applications for privatization.

Application for privatization of an apartment written in a standard form, it is signed by all family members who are 14 years old, even those who do not want to take part in privatization.

Where should an application for privatization of a municipal apartment be submitted?

To exercise their right to privatize residential real estate, citizens apply to the Office of the Metropolitan Department of Housing Policy and Fund at their place of residence.

You need to have it with you application for housing privatization, the above package of documents and a receipt for payment of the state duty.

Since 2015, the state duty has been 1,000 rubles for citizens and 15,000 rubles for organizations.

The procedure for drawing up an agreement for the transfer of ownership of an apartment

It is drawn up in writing and is not subject to state duty. This paper indicates the share of each tenant, including minor children.

The procedure requires preparing documents (see) and going through several stages of registration. You need to start the process by collecting all the documentation (basic and additional).

At this time, it is necessary to obtain a passport for the premises and other certificates from the BTI, the Cadastral Chamber, the Federal Migration Service, guardianship authorities, housing departments or the management company.

The entire package of documents is submitted to local authorities, they will review and make a decision.

The decision on privatization is made within 2 months after the complete package of documents is submitted.

Acceptance of documents and execution of contracts is free of charge. But, drawing up a floor plan and the state fee for registering the right are paid in accordance with the general procedure.

Where can I get a contract for the transfer of ownership of an apartment?

Agreement for the transfer of ownership of an apartment is issued at multifunctional centers (MFCs) or housing authorities. And Moscow residents must submit a completed application to the Department of Housing Policy and Housing Fund.

What to do if the contract for the transfer of ownership of an apartment is lost?

If suddenly the privatization agreement is lost, it must be restored. A duplicate can be obtained by contacting the authorities that certified this agreement.

It is necessary to apply for a duplicate of the contract to the municipal archive if privatization was carried out before 1998. If after 1998 - to Rosreestr.

If you have any questions about the topic " Application for privatization and agreement for transfer of ownership of the apartment", ask them in the comments.

Agreement transfers apartments V own - This main documenton the basis of which the right to purchase housing is exercisedcitizens of the Russian Federation in the order of privatization. This agreement is not suitable for a purchase and sale transaction.

Read also:

Privatization of an apartment (about renewal, documents, methods of privatization, advantages and disadvantages)

Download a sample agreement for the transfer of ownership of an apartment"

AGREEMENT No. ______

transfer of ownership of the apartment

G._______________

"_____"_________________ 20__

The administration of the municipal district "______________" on behalf of and on behalf of which acts ______________________ on the basis of a power of attorney issued by the administration of the municipal district “____________” dated ______________. No.______, hereinafter referred to as "Administration" on the one hand, and "Citizen"

_________________ _______________________ (full name, date of birth, passport details, address of registration)

_________________________________________________________________________________

______________________________ _____________________________________, acting as a legal representative on behalf of a minor child (in case of transfer of ownership of an apartment to a minor)__________________________________________________________________________

___________________ (full name, date of birth, passport details, address of registration) on the other hand, on the basis of the Federal Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991. No. 1541 have entered into this Agreement as follows:"Administration" passed it on, and "Citizen" I bought apartment, total area ______ sq.m., including living area ______ sq.m. located at ______________________________________________________________, with a cadastral value of ___________ thousand rubles in ownership.

AGREEMENT CONDITIONS:

1. A citizen’s right of ownership to an apartment arises from the moment of state registration of their rights in the unified state register of rights in the ________________ Federal Service for State Registration, Cadastre and Cartography according to ____________________________

____________________________________________________________________________.

2. The owner of the apartment assumes the responsibility for paying real estate taxes.

3. The apartment owner, at his own expense, carries out the maintenance and repair of the apartment, and acquires the obligation to participate in the costs associated with the maintenance and repair of general building engineering equipment, common areas and the maintenance of the local area, in proportion to the total area of ​​the apartment belonging to him

4. The use of a privatized apartment is carried out by the owner in accordance with the Rules for the use of residential premises, maintenance of a residential building and local area, which are determined by the Government of the Russian Federation and are valid on the territory of the Russian Federation.

5. The owner of the apartment exercises his right of ownership of real estate in accordance with the Legislation of the Russian Federation.

6. The exercise of ownership of an apartment should not violate the rights and interests of other persons.

7. In the event of the death of the owner of the residential premises, all rights and obligations under this agreement pass to his heirs on a general basis.

8. Challenging the terms and conditions of this Agreement itself, as well as its termination, is possible only in court.

9. This Agreement is subject to technical registration in _______________________________________________________________ “Bureau of Technical Inventory” (KP “BTI”).

10 This Agreement is drawn up in ______ copies, of which _____ are issued to the owner of the apartment, one to the Department for the Management of Municipal Property and Natural Resources of the Administration of the Municipal District "__________________", one is stored in the ___________________ Office of the Federal Service for State Registration, Cadastre and Cartography for ____________________, and one is handed over to the balance holder of the residential building.

11. All expenses associated with the execution of this Agreement are carried out at the expense of the citizen participating in the privatization of housing.

ADDRESSES OF THE PARTIES:

________________________________ __________________________________

_________________________________ Full name ________________________________ Full name

m.p

_________________________________________________________________________

___ _______ ______________________________

(full name signature)

I have become familiar with the rules for the use of residential premises, maintenance of a residential building and local area and undertake to comply with them:

_______________________________ ___________________________________

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