Is it possible to exchange a non-privatized apartment?

Pros and cons of a non-privatized apartment

There is no need to pay tax for a non-privatized apartment , while tax is paid annually for your own apartment. Currently, it is calculated based on the inventory value of real estate, but there has long been talk about calculating the tax based on the market value of the apartment. The responsibility for maintaining housing in proper condition lies with the owner of the property, so although the tenant pays for utilities, he has to spend money He won't have to do major repairs.
Another advantage is the possibility of improving living conditions . Of course, owners also have a similar right, but the difference is that the owner receives property of equal value, and the tenant can safely count on the minimum established by law. If he lives in a larger area than the minimum, he will be provided with an equivalent area, that is, it turns out that in any case there will be no deterioration in living conditions.
The law has a provision that the risk of accidental death is borne by the owner, therefore, in the event of a fire or other destruction of property, the tenant has the right to state assistance by providing other housing, but the owner will have a hard time.
Another small, but still a plus is the almost complete absence of scammers trying to take away the apartment. Usually, criminals look for a single person who owns real estate, but it is much more difficult to pull off a deal when the apartment is municipal, because the privatization procedure is quite lengthy, even if you count on an expedited procedure.

The advantages of a non-privatized apartment do not always outweigh, although there are more of them. This is due to the instability of today's life, when a person is not sure of the future, but having property brings at least some stability, because, in extreme cases, such housing can be sold if there is no other way out.

Features of the resettlement program

For example, financing allocated by the Fund for Assistance to Reform of Housing and Communal Services in 2021 can be used for partial monetary compensation to owners of apartments in a dilapidated building for the costs of paying the interest rate on a mortgage loan in an amount not exceeding the key rate for the use of loan funds that were used to purchase living space .

Amendments

With regard to the owners of emergency apartments, the law makes a clarification that the amount of compensation in replacement of the old living space should include the market value of the plot of land on which the residential building is located.

True, in order to really bring the rental housing market out of the shadows, it needs to be of interest not only to the treasury, but also to the homeowner. Another option, according to Anna Bodrova, is to create conditions under which renting out housing under gray undeclared schemes would be problematic and risky. By tightening supervision over the flow of non-cash and cash payments, the authorities are also pursuing the goal of making life more difficult for those who rent out housing and do not pay taxes.

The problem, from the state's point of view, is colossal. The amount of money lost to the treasury is enormous. As Anna Bodrova, senior analyst at IAC Alpari, noted, if the conditions for housing rental are tightened, the amount of income tax can be increased by at least 10%. According to her, now in Russia about 12% of apartments from the total housing stock are rented.

Already in 2021, the rental housing market may be brought out of the shadows. How will this turn out for apartment owners who do not pay taxes, and how will it affect prices?

“Officials want an immediate result, but they need to go to it step by step. Some rentiers have already registered as self-employed and pay, if not 13% of personal income tax, but at least 4%. In the best case, such harsh statements and actions of legislators will lead to the fact that in Russia, six months to a year after the adoption of the law, the number of self-employed people will triple and revenues will still be at least three times less than the calculations of the ministry’s economists. At worst, the owners will simply rent out apartments as they did before,” says Alexey Krichevsky.

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If the house does not have heat meters, heating services are paid based on the total area of the apartment, which is multiplied by the approved tariff rate. For convenience of calculations and to reduce the amount of payments during the heating season, the payment is distributed over the entire year, and residents pay for heat on a monthly basis.

Exchange of a privatized apartment for a privatized one

Proving ownership (deed of gift, privatization certificate, purchase and sale agreement, exchange, etc.).
Certificate of registration of ownership.
Cadastral number.
Certificate of appraised value.
A copy of the personal account.
Extract from the house register.
Passports of the parties to the transaction.
Certificate of registration.
Certificate of marriage or divorce.

To transfer one privatized apartment in exchange for another, the exchange parties sign an exchange agreement. One of the parties to this transaction becomes the buyer (takes ownership of the property), the other becomes the seller (transfers ownership of this apartment).

What could new calculations lead to?

Experts found it difficult to calculate exactly how much the rent for non-privatized housing will increase or decrease. Each region and municipality will have its own figure, which must ultimately be approved by the legislative body.

Who will benefit from the innovation?

Social rent, experts believe, is an outdated form of real estate ownership. It is clear that the state is trying in various ways to keep this mechanism afloat, but it is becoming increasingly difficult to do so.

First you need to write an application ;
copies of all pages of the passport of a citizen of the Russian Federation , and copies must be made to absolutely all residents who will subsequently take part in this process. If children who do not have a passport take part in the privatization process, a copy of their birth certificate should be made;
it is necessary to collect technical documentation for the real estate property . If it is missing, you need to contact the technical inventory bureau to register it. The paperwork process can take some time, and it is by no means free. Payment for technical documentation of living space will be approximately 1.5 thousand rubles ;
collective tenancy agreement. In the event that this document is not available, it should be issued at the city administration;
an extract from the house register regarding all residents, without exception, who are registered in a specific residential area. Probably, in order to carry out the process of privatization of residential premises, employees will request an extended extract from the house register, that is, it reflects a list of absolutely everyone who has been registered in the living space for the entire period of its existence. It is possible to issue this act, only to do this you should contact the passport office;
the original and a list of the personal account regarding the fact that there is no debt for utilities.
an extract from the Unified State Register of Rights to Real Estate and Transactions with It , which must be issued for all citizens participating in the process of home privatization.
extract from the Unified State Register of Rights to Real Estate and transactions with it on the right to living space . This service is provided on a paid basis.
a certificate issued if there are no debts for housing and communal services .
notarized refusal from residents who do not want to take part in the procedure. Unfortunately, this service is also commercial.

There is no need to fear that the government will be able to take away your living space or force you to make an equivalent exchange
You can manage your apartment at your own discretion - for example, rent it out, register any number of people in the living space
The right to carry out purchase and sale transactions of an apartment to a new owner.
Participate in the transfer of living space to the country on a voluntary basis.

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Deadlines for housing privatization

Collecting all the necessary documents and data, as well as filling out the application, takes no more than a week . From the date of submission of the package of documents to the MFC, the regulations for considering the application for free privatization are in effect, on which the final decision must be made no more than 60 calendar days . The state registrar serves citizens within one day. Therefore, the average period that citizens should expect is about 70 days.

Important. For owners of municipal housing, timely payment of utilities is extremely important, since the formation of debt can lead to deprivation of not only certain resources, but also the housing itself.

The above services are provided on the basis of tariffs, which are regulated by the law of the Russian Federation. Calculation of utilities is carried out on the basis of consumed resources, which are determined by the meter. If meters are not provided in an apartment or other residential property, utility bills are calculated in accordance with the standards established by the law of the Russian Federation.

Legislative regulation

The Housing Code of the Russian Federation, namely Section 4, Article 154, defines the decoding of services that are included in utilities. The provision of services by public utilities and payment for them is regulated by government decree No. 354 of 05/06/2011.

The decision to use the opportunity to receive municipal or state property free of charge must be conscious, so it is worth finding out what pros and cons a non-privatized apartment has. Such information will help you avoid future regrets about a wrong choice.

Rights of residents of non-privatized apartments

There are cases when a “dead soul” is registered in a non-privatized apartment - a tenant (usually an ex-spouse or distant relative) who does not participate in paying for utilities and has not lived at the place of registration for a long time. Because of such tenants, the employer cannot privatize the property, while “missing” citizens can claim their rights to the apartment at any time.

The state must provide the tenant with other comfortable housing if the house where the non-privatized apartment is located is subject to demolition, is recognized as unsafe, etc. (Article 85 of the Housing Code). If the tenant fails to pay for utilities for no reason (in particular, he has a debt of more than 6 months), he and his living family members can be evicted through the court to another premises under a social rental agreement (dormitory). If the tenant and his family members violate the rights of neighbors or do not properly monitor the condition of their apartment (use the premises for other purposes), the state (landlord) issues a warning. If the tenant continues “his activities,” the state has the right to evict such tenants without providing them with any premises (Article 90-91 of the Housing Code).

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Advantages and disadvantages

The Law “On the Privatization of Housing Stock in the RSFSR” was adopted in 1991 and continues to be in effect today. Thus, everyone has the right to undergo this procedure in 2021 . By 2000, up to 47% of real estate had passed into private ownership, in 2010 - 75%, in 2021 - about 80%. These indicators vary depending on the region: for example, in Moscow the share of privatized housing exceeds 85%.

The procedure for privatizing an apartment in 2021

Privatization is a procedure for transferring state property into private ownership. This procedure applies not only to apartments, but also to land plots, as well as non-residential premises. Privatization is of an indefinite nature. It is based on the norms of the Civil Code, the Housing Code and the Law on the Privatization of Housing Stock in the Russian Federation.

“The introduction of mandatory contributions for major repairs added about 1 thousand rubles to the payment for utilities (for an average apartment of 64 square meters) ... The transfer of housing into municipal ownership allows citizens to shift these payments to the city. The increase in the price of social rent is intended to equalize their expenses with the owners: for a typical apartment with an area of 64 square meters, the increase in rent will be 1.2 thousand rubles per month,” Reshetnikov said.

Residents do not pay property taxes.
Tenants can apply for improved living conditions, for example, for the allocation of a larger apartment if there is less than the accounting norm for each person.
If an apartment has become uninhabitable due to damage (for example, a fire), tenants are allocated other equivalent housing out of turn.
If repairs are necessary, they are carried out at the expense of budget funds. If an employer spends his savings on repairs, he can count on compensation from the state.

Payment of rent for renting municipal housing in 2021

Anna Bodrova believes that rental prices may rise by 13–15%. However, much will depend on the demand for apartments. Prices may change differently in different cities and different areas. Most likely, the most popular apartments may rise in price first.

When determining the amount of rent for housing, the average price of 1 square meter on the secondary housing market in the municipality is taken into account, but now the average cost per square meter on the secondary housing market will be taken into account not in the municipality, but in the subject.

Registration of inheritance for a dacha

There is a will. The notary reads out the last will of the testator. The property passes to the persons specified in the will. All controversial issues are resolved in court.
There is no will. The dacha is divided among all legal heirs in equal shares. Entry into the inheritance is possible only six months after its opening.

Each owner of a dacha property has the legal right to bequeath his property to his heirs. To take advantage of this legal option, you must make a will. There is nothing particularly complicated about this procedure. The testator needs to contact the notary's office with a passport and the following documents for the dacha (they can be obtained from the BTI):

How to inherit a non-privatized apartment

Even if the tenant of the apartment did not apply for privatization during his lifetime, relatives still have the opportunity to continue living in the apartment and even purchase it as property. The basis for this is the provisions of housing and civil legislation.

Important point! The right to live in an apartment arises only for persons who are members of the family of the deceased, specified in the social tenancy agreement. The right to live in an apartment does not arise on the basis of being a relative (including first-degree heirs).

What rights does registration have?

The need to pay taxes and incur higher housing and communal services costs is often the main factor for low-income citizens to refuse privatization. A person in such a situation can live in an apartment without hindrance throughout his life. He does not need to worry about going through the privatization procedure, complying with all legal requirements, or paying for the services of a notary and real estate specialists.

Who will get the apartment after the death of the tenant?

Many citizens decide to undergo the privatization procedure with the goal of subsequently selling the resulting apartment and receiving income. At the same time, some people forget that there is a concept of the so-called minimum holding period. In terms of residential real estate, this means that if the premises have been owned for less than three years, a citizen will be required to report to the tax office.

Another category of citizens entitled to free public housing. They enter into a social lease agreement for a certain period, for example, for the duration of a contract or service. These include employees of government agencies and organizations, contract workers, etc. Upon dismissal or end of service, the apartment is returned to the municipal or state housing estate.

Russian legislation clearly states that the right of inheritance of a social tenancy agreement passes to the relatives who are indicated in the lease agreement. However, there is a small clause explaining that one of the conditions for the transfer of rights from the employer to another family member is the fact of living together with him or running a single household.

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Concluding a lease agreement for municipal or state real estate gives the tenant a number of rights and obligations. These rights and obligations can be enjoyed equally by the relatives specified in the contract.

When it comes to state or municipal housing, the procedure is different. It is impossible to determine the share of ownership here, but you can make a decision on the order of residence and the procedure for paying for housing and communal services. If we talk about the division of personal accounts, then each tenant will have to enter into an individual rental agreement. This is prohibited by law, and even going to court will do nothing.

Homeowners have another expense item – the annual property tax. Its size may vary depending on the region, but on average the amount of tax for a 2-room apartment with an area of 50 sq.m. does not exceed 1,500 rubles. But in 2021, the Russian government changed the scheme for calculating it. Instead of the inventory value of housing, the cadastral value is now taken as the basis.

Privatized and non-privatized housing: is there a difference in paying for utilities?

Bills for housing and communal services in privatized and non-privatized apartments are not too different. An apartment is privatized: real estate is mainly privatized in order to obtain the right to carry out any operations with it: sell, transfer by inheritance, leave as collateral as collateral for a loan.

The fee for renting an apartment will disappear from the rent receipt, but the fee for major repairs will appear - paragraphs. 2 p. 2 art. 154 LCD. In my practice, rent increased from 10 to 30%. It's different in every situation. Benefits for housing and communal services will remain after privatization.

Is it possible to sell a non-privatized apartment?

When you contact the administration, you will be given an application form to fill out. This application will have to be signed by all family members. The application is considered within 30 days. Subsequently, a privatization agreement is concluded, which must be notarized.

the initial stage is similar to the sale of an ordinary privatized apartment. You will need to place an ad and wait for a buyer. Of course, you should not hide from him the fact that the apartment is not privatized;
Once the buyer is found, the specifics begin. The point is that there will be an exchange. To do this, the buyer will have to buy a “buffer” - this is living space owned by the agency and intended specifically for exchange purposes;
then both sides, i.e. both the seller and the buyer provide all the necessary certificates and fill out an application for exchange. After reviewing the application, the relevant authority allows the exchange;
the buyer receives your non-privatized apartment, and you receive a “buffer”, which you then sell back to the agency.

Sale of a non-privatized apartment

According to the legislation, the sale of such apartments is prohibited;
If you circumvent government regulations regarding such housing, you need to spend a sufficient amount of time, if you do not resort to the help of specialists;
There is a risk of being deceived, both by the buyer and by the agency that appears in the process.

Due to the fact that it is impossible to directly sell non-privatized housing, it is necessary to formalize this transaction in a roundabout way. You can exchange the apartment for a privatized one. By resorting to this option, the buyer fictitiously purchases privatized housing from the agency. As a rule, prepared agencies have several privatized apartments that are offered for this purpose. After the transaction, such real estate is returned to the agency.
After purchasing privatized real estate, the buyer and seller exchange non-privatized housing for privatized housing . Naturally, the combination is not easy, but, as an option, it may be suitable for acquiring non-privatized real estate.

Non-privatized apartment: rights of residents and landlord

Most are interested in the answer to the question of what will happen to the apartment if it is not privatized. In fact, such real estate is the property of the state, which means that it cannot be disposed of at its own discretion. Nevertheless, there is a certain number of actions that a tenant can perform even with non-privatized living space.

Unreasonable lack of payments for utilities, the debt for which exceeds six months. In this case, the tenant, together with the rest of the family members living in this apartment, is evicted through the court to another premises under a social tenancy agreement (STN), namely to a hostel.
Violation by the tenant and other residents of a non-privatized residential area of the rights of neighbors, use of the apartment for other purposes that do not comply with the law. In this case, residents are first given an official warning. If after this the actions that led to this state of affairs are not suspended, the tenants will be evicted without providing alternative space.

Prohibition of exchange

It cannot be said that today the exchange of non-privatized housing is a free real estate transaction.

According to the Housing Code of the Russian Federation (Article 73), there are a number of cases when concluding an exchange agreement is impossible:

a claim has been filed against the tenant and he does not have a social rental agreement for real estate;
ownership of the apartment is disputed in court proceedings;
the house in which the object is located is subject to demolition in the near future;
a major renovation of the house or its re-equipment is planned;
real estate belongs to the category of service, rental housing;
if after the exchange only one person with a chronic disease remains living in the apartment.

ATTENTION !!! If a tenant wants to exchange an apartment with debts, he is unlikely to succeed, since outstanding debt on utility and privatization payments is grounds for refusal to complete the transaction. If the other party is ready to receive housing with outstanding financial obligations, then it can sort out the debts before signing all the documents, so that this does not become an obstacle to completing the transaction.