Is it possible to privatize a municipal apartment?

Features of the law

Is it possible to privatize a room in a municipal apartment? The regulations for the privatization of housing in the Russian Federation are contained in the Federal Law “On Privatization...” dated July 4, 1991.
According to it, the apartment is privatized exclusively as a whole into shared ownership or into the ownership of one of the registered ones, subject to the refusal of the remaining persons.

Registration of ownership of part of the housing is not provided . But at the same time, a similar action can be carried out if part of the apartment or room is allocated in kind. In this case, the apartment becomes essentially communal.

Article 72 of the Housing Code of the Russian Federation provides for the possibility of exchanging such an apartment for another residential premises provided under a social contract. hiring

Every citizen of the Russian Federation who is permanently registered in municipal housing has the right to one-time participation

If an obstacle to the exercise of this right is the disagreement of someone registered in the apartment, you can try to implement it by registering ownership rights only to your part of the housing .

Privatization of your share in an apartment without the consent of other owners

Citizens of the Russian Federation who occupy residential premises under social rent have the right, with the consent of all adult family members living together, as well as minors aged 14 to 18 years, to acquire ownership of these premises (Article 2 of the Law of the Russian Federation of July 4, 1991 N 1541- 1 “On the privatization of housing stock in the Russian Federation”). The legislation does not contain exceptions to this rule. It is impossible to force a sister to acquire ownership of any property (including privatizing an apartment) or to privatize only part of the apartment. If your sister gives her consent, the apartment can be privatized only as your and your daughter’s property.

The exchange of residential premises under a social tenancy agreement is permitted with the written consent of the landlord and members of his family living with him, including temporarily absent members of his family, and if an agreement on the exchange has not been reached between the tenant and members of his family living with him, any of them has the right to demand the forced exchange of occupied residential premises in court (parts 1, 3 of article 72 of the Housing Code of the Russian Federation). Those. If the sister does not agree to the exchange, a forced exchange by court decision is possible.

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Goals

Allocating a room and then privatizing it allows you to become the rightful owner of the living space . From the moment of receiving the Certificate of Ownership of the room, the owner can take the following actions:

Conclude transactions for the alienation of a room (share).
Register any tenants in your living space without the consent of your neighbors.
Rent out a room.
Bequeath this living space.

The disadvantage of privatizing a separate room is the lack of rights to common areas.
From the moment of privatization of part of a municipal apartment, the owner becomes the owner of only a certain number of square meters .

He can only use the rest of the area (bathroom, toilet and utility rooms) together with other residents. He will not have property rights to this area.

How to allocate a share?

To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.

Since the law prohibits the privatization of a part of a common object , therefore, the possibility of acquiring ownership rights to a share will become possible if it becomes a separate object.

For this opportunity to arise, part of the apartment must meet the following requirements :

Represent a separate room or several rooms.
Have a separate entrance.
Be a completely isolated room from other rooms.

If it is possible to separate part of the premises, you need to start by contacting the owner of the property - local authorities. Since the division requires redevelopment of the apartment , the application must ask for permission for such actions.

If the answer is positive, you must contact the appropriate organization to draw up a redevelopment project.

Having received all the necessary permits and documents, the residents
divide the premises .
Then a new social tenancy agreement .

The allocated parts of the apartment become separate objects and are privatized in the usual manner.

By agreement of the parties

How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with part of the bathroom and kitchen, the division can be carried out by agreement of the parties .

Privatize a share in a municipal apartment

The area of living quarters in the communal apartment is added, and then the amount must be divided by the area of the room that has been privatized. The value that came out will be the value of the share belonging to the new owner in the commonly used premises. All calculations performed must be certified in writing, with the signatures of other citizens living in the communal apartment.

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The specified premises treat each of the tenants equally, the procedure for their operation must be approved on the terms of the concluded agreement, a certain mutual agreement. What happens if a tenant privatizes one of the rooms? A certain share of the previously mentioned common areas must also be allocated.

Drawing up a separate rental agreement

Is it possible to privatize a share in a municipal apartment without the consent of the other residents? If it is not possible to reach an agreement with the residents of the apartment peacefully, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate lease agreement .

In this case, the last word remains with the owner of the premises, that is, local authorities.

A citizen needs to contact the settlement administration with a request to
conclude new social tenancy agreements for the occupied living space.
It is quite difficult to achieve a positive decision from the authorities in this case, since turning the apartment into a communal apartment is not profitable for the authorities.

But if there are compelling arguments and a loyal attitude from local governments, this option is still possible .

If the authorities meet citizens halfway and conclude several rental agreements with residents of a municipal apartment, each of them will become the owner of a room and will be able to acquire ownership rights to it.

If the authorities refuse to carry out the procedure, you can try to resolve the issue through the court . A citizen files a claim for the renegotiation of social tenancy agreements.

How to privatize a share in an apartment without consent

For it to be successful, a positive response is required from all people who have the right to privatize the housing space they occupy. And if one person refuses to participate in the privatization of housing, then privatization will not take place. Therefore, the most important thing in the privatization process is the consent of all residents of the residential premises.

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The legislation significantly limits the possibility of concluding privatization transactions for part of the real estate object, while in order to exercise the right to it may be necessary to go to court. citizens living in a municipal apartment have a social tenancy agreement; decision-making by all tenants living in the residential premises (it is allowed to issue a notarized refusal in favor of other persons, however, in this case, all residents confirm their will); An entire property is subject to privatization; registration of rights to a part through privatization is not allowed.

Division of personal accounts

How to divide the personal account of a municipal apartment? An important step in allocating a share of an apartment is the division of personal accounts . Because the room becomes a separate object, such action becomes possible.

A registered citizen needs to submit an application to the Criminal Code or another organization that calculates payments. The application must be accompanied by a passport and a rental agreement. A separate account is opened for a specific room with a width of at least two square meters.

In Moscow, the minimum size of such a room should be 9 square meters . The size is not defined in the Housing Code of the Russian Federation, so other regions set their own standards.

If there is no agreement between residents or a separate social tenancy agreement, division of personal accounts is possible only through the court .

You can learn how to divide a personal account in a privatized apartment from our article.

Stages of room privatization

After receiving permission from the authorities to allocate a share, it is necessary to draw up a floor plan and obtain a technical passport for the allocated part.
To do this, you need to contact the BTI. Based on these documents, a separate cadastral passport .

From the moment these documents are received, the room becomes a separate piece of real estate, and it can be registered as a property under general conditions.

An application for privatization with a package of documents is submitted to local governments:

applicant's passport;
documents for the apartment;
rental agreement;
copy of personal account;
certificate of registration;
certificate of non-participation in privatization;
receipt of payment of state duty.

You can find out where to start the privatization process and in what cases a refusal may be received on our website.

How can you privatize a municipal apartment in 2021?

receipts for utility bills;
in case of a change of surname, a certificate of change of surname must be provided;
a certificate if a minor child has left the apartment;
document on the death of a citizen who was registered in the apartment;
a certificate stating that residents have not previously used their right to free privatization.

passports of all participants in privatization and birth certificates of children under 14 years of age;
registration certificate of the apartment from their BTI. If redevelopments have been carried out in the apartment, this technical document should reflect their legality;
extracts from the warrant for the apartment;
an extract from the house register, which indicates all registered citizens, as well as everyone who was deregistered during the entire history of using the apartment;
social rent agreement;
certificate about the condition of the living space;
an extract from the personal account stating that there is no debt on utility bills;
in the case of registered minors, permission from the guardianship authority, as well as an order to appoint a guardian for the child;
if one of the residents refuses privatization, a notarized written refusal is required;
if privatization is carried out by an official representative of the residents, he must provide a notarized power of attorney as confirmation of his authority;
receipt of payment of state duty.

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