How to obtain a certificate of participation or non-participation in the privatization of municipal housing in the Moscow region


Is it possible to privatize an apartment through the MFC?

A multifunctional center is a universal structure whose main task is to ensure interaction between the population and the state. It is here that most issues, including those related to privatization, can be resolved. The right to this itself is regulated by the Law “On Privatization” No. 1541-1.

Who can participate in privatization

All persons who have the right to reside in the very real estate that needs to be registered as private property can participate in privatization. It should be borne in mind that this right is retained even for citizens who currently do not actually live in housing: they are on a business trip, work on a rotational basis, serve in the army or are serving a sentence in prison. All of them have the right to privatization and are required to provide consent to this. If they refuse privatization for one reason or another, then a corresponding refusal will be required, which must be notarized.

Persons who do not have the right to live in a given premises, as well as all citizens who have previously undergone privatization (this procedure is available to each person only once in their life), cannot participate in privatization.

An exception to the previous rule are minor children. They can participate in privatization twice: before reaching adulthood and after it.

What is privatization and who has the right to it?

Privatization of an apartment is a free transfer of it from the state into the ownership of citizens living in the apartment. The law on the privatization of housing was first adopted in Russia in 1991, after which mass privatization of housing that was previously owned by the state began. To date, about 80% of the housing stock subject to privatization has been privatized in Russia. If you want to privatize an apartment, but don’t know how to do it, read on.

In accordance with the aforementioned Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” No. 1541-1 of 07/04/1991, citizens living in state (municipal) apartments have the right to carry out their privatization, that is

  1. get these apartments as your property
  2. register your property rights.

You can only do this once in your life. But at the same time, children who took part in privatization before the age of 18 can use the right to privatization again after 18 years of age.

What kind of housing cannot be privatized? Those that are NOT in state or municipal ownership, emergency ones, rooms in dormitories, official (departmental) housing, apartments in military camps.

Below we will tell you how the privatization of an apartment is carried out through the MFC “My Documents” (contacts of your MFC can be found in our catalogue), but first we would like to inform you about the validity period of this law.

How to register privatization through the MFC?

In order to privatize an apartment through the MFC you need:

  1. Collect consents for privatization from all residents (or refusals, having them notarized).
  2. Collect the necessary package of documents (see below).
  3. Visit any branch of the MFC.
  4. Make an appointment and wait for your time (usually this happens within a few minutes).
  5. Write an application for privatization and provide a complete list of previously collected documents.
  6. Wait for a decision.
  7. With the decision to apply to Rosreestr to obtain a certificate of ownership of housing.

Features of apartment privatization in Moscow

In Moscow, you can apply for privatization in one of two ways:

  1. remotely online via the website
  2. through the public services center (the addresses of the Moscow MFC can be found through our website)

Full name, see screenshot below.

Below are more detailed information about the requirements for submitting documents online through the site and how to check the status of your application.

List of documents for privatization of an apartment in Moscow:

Complete instructions for privatizing housing in Moscow are here. You can get the service using this link.

Documentation

In order for an application for privatization to be accepted, a fairly impressive list of documents must be attached to it. This is where problems most often arise. Not only is it quite difficult to collect all the necessary papers, but some of them also have a limited validity period.

  • Passports of all residents participating in privatization. It is recommended that you make copies of all pages of each such document in advance. In addition, you need to check that the passport is valid (for example, it was replaced in a timely manner at the age of 25). Otherwise, it will need to be changed urgently.
  • Certificate of marriage or divorce, as well as any other documents on the basis of which the data in the passport was changed.
  • Consents of all residents or notarized waivers.
  • Certificates for each tenant stating that they previously participated in privatization.
  • Technical passport BTI. This document has no expiration date, but it is the most difficult to obtain. Depending on various factors, the receipt period can vary from 10 days to one and a half months. It is recommended that you first obtain this document and only then collect all other papers.
  • Documents on registration in the apartment. You will also need information from the passport office about your previous place of residence/registration.
  • An extract from the apartment's personal account from the housing and communal services accounting department. This document indicates the debt, if any. It should be remembered that one of the most common reasons for refusing privatization is the presence of debts. They must be repaid in full before the date of application.

Minors

If minors live in the premises (and have the right to do so), privatization becomes somewhat more complicated. Firstly, you will additionally need permission from the guardianship authorities. Secondly, you will need the consent of the minor (provided that he is already 14 years old) or his birth certificate.

Deadlines

According to the law (Article 8 1541-1), from the moment of filing the application (and therefore all documents) until the date of the decision, more than 2 months cannot pass. Simply put, no later than 2 months from the date of filing the application, you can receive a decision. However, this still needs to be achieved, since the most difficult thing here is not to write an application, but to collect the necessary papers. Depending on how actively the residents deal with this issue, it will take about 1-3 more months to collect documents. On average, privatization usually takes about 3-4 months, taking into account 2 months of consideration and a month for registration of ownership.

Price

The cost of privatization through the MFC is no different from a similar procedure carried out independently. Employees of the State Budgetary Institution “My Documents” provide all services free of charge, only mandatory state fees are charged.

So, for privatization you will have to pay the following amounts:

  • notarized power of attorney – from 300 rubles (depending on the region and the prices of the notary chamber);
  • certificate of real estate transactions – 200 rubles;
  • certificate of form No. 3 about non-participation in privatization - from 500 rubles;
  • preparation of technical documents for an apartment – ​​1800 rubles;
  • The state duty for registering an agreement in Rosreestr is 2000 rubles.

Depending on the specific situation, there may be other costs, for example, payment for the services of a proxy, making copies of documents, etc.

Is refusal possible?

Formally, privatization is available to absolutely all citizens, but in fact, refusal often follows. There are several reasons for this:

  • Having debts. The most compelling and common reason for refusal of privatization. It is recommended to pay all debts on the apartment before submitting documents.
  • Lack of documents. If for some reason the applicant does not provide part of the documents, he will also be denied privatization. Often this problem concerns additional papers, such as permission from the guardianship authorities.
  • Presence of errors. There should be no errors in the documents. Any discrepancy is a reason for refusal. Upon receipt of each paper, you should immediately check all data.
  • Unsuitable property. Some objects cannot be privatized. The most common example: distressed real estate.

If the refusal is for some other reason, it is recommended to request the refusal in writing indicating this very reason. With this document (if the refusal is really not motivated by anything) you can go to court.

What to do in case of refusal?

The reasons on which privatization may be refused are the following:

  • an incomplete package of documents has been provided or some of them do not meet the requirements;
  • the apartment is not subject to privatization in accordance with Law No. 1541-1;
  • illegal alterations were carried out in the apartment;
  • The applicants had previously taken part in the privatization of another apartment.

If there are reasons for refusal to register ownership of an apartment, the MFC will provide a reasoned written refusal , on the basis of which the applicant will be able to file a claim for recognition of the right through the court. To do this you need:

  • draw up a statement of claim , indicating the applicant’s data, information about the object of privatization, as well as the grounds for the transfer of ownership;
  • attach all the documents collected for the application (plaintiffs’ passports, social tenancy agreement, certificate from the BTI, etc.);
  • pay the state fee (cost is 300 rubles).

A positive court decision will subsequently serve as the basis for privatization of the property.

Remote recording

To facilitate and speed up the procedure, you can submit an application and documents remotely through the State Services website. To do this, you first need to register on it, enter all the data, make scanned copies of documents, and only then fill out an application and attach documents to it electronically. It should be remembered that even in such a situation, you will still have to visit the MFC branch to obtain a decision. It is recommended to take all paper documents with you. Often they are required additionally.

Privatizing an apartment through the MFC, especially with remote registration, significantly speeds up the procedure, but does not eliminate the biggest problem - collecting documents. During a free consultation, experienced lawyers will answer basic questions; however, in order to speed up the process as much as possible, it is recommended to work through a specialist representative and draw up a power of attorney. This will help resolve the issue in record time with minimal effort.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Features of privatization in St. Petersburg

The full name of the service given on the State Services website is St. Petersburg “Transfer into the ownership of citizens of residential premises occupied by them on the basis of social tenancy agreements during privatization.”

An application for privatization in St. Petersburg can be submitted in one of 3 ways:

  1. electronically via the Internet at the link https://gu.spb.ru/188625/eservice/
  2. through the MFC, detailed information is available at https://gu.spb.ru/188625/mfcservice/
  3. in the traditional way, to the St. Petersburg State Budgetary Institution “Gorzhilobmen”, information at the link https://gu.spb.ru/188625/traditional/

The following documents are required:

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