Agreement for the transfer of an apartment into the ownership of citizens during privatization: sample

In the Russian Federation, any citizen can become the owner of real estate after the privatization of their home.

In order to carry out this procedure, a citizen must collect a package of necessary documents and, of course, draw up a privatization agreement. If such an agreement was lost, it must be restored immediately.

How to correctly draw up a contract, how changes can be made to the contract and what the procedure for drawing up will be discussed in more detail in the article.

Agreement on the transfer of ownership of the apartment occupied by citizens

An agreement on the transfer of ownership of an apartment to a citizen in which he lives is a document of title that indicates the legality of residence and ownership of property by citizens. The agreement must be registered with Rosreestr.

According to Russian legislation, namely Law No. 1541-1 “On the privatization of housing stock in the Russian Federation,” which prescribes and explains the main points related to the preparation of the contract.

The following general rules for drafting and writing must be applied to this document:

the contract is concluded in a simple and necessarily written form;
the agreement is bilateral - the parties in this case are the state or municipality and a citizen of the Russian Federation;
the subject of the agreement is the apartment for which the citizen makes documents;
the contract must indicate the details of the premises and describe its technical characteristics;
it is necessary to specify the ownership and obligations of the party;
the contract states that the state or municipality transfers an apartment or other type of real estate free of charge;
the contract must also specify the responsibilities that the new owner of the apartment will bear;
At the end, the signatures of the parties and the date of drawing up the agreement are placed.

Barter agreement

The essence of the exchange agreement is that the parties to the agreement acquire ownership of property without the use of banknotes . or with minimal use. Cash in an exchange agreement is used to pay the difference in the value of the property being transferred if one property being exchanged has a greater value than the other.

The exchange agreement is subject to the conditions of the purchase and sale agreement, provided that they do not contradict each other.

An agreement on the transfer of property into ownership (exchange) is drawn up in writing and does not require mandatory notarization. Such an agreement can be certified by a notary at the request of the parties .

An exchange agreement is often found in real estate transactions (housing exchange). Housing of equal price may be exchanged, or housing of unequal price may be subject to an additional payment of the difference in price.

The exchange agreement, provided that real estate is exchanged under the agreement, must go through the state. registration .

A prerequisite for an exchange agreement is that both parties exchanging property must have ownership rights to the object of exchange .

The parties to contractual relations in exchange can be individuals and legal entities of the Russian Federation, foreign citizens and legal entities, stateless persons, constituent entities of the Russian Federation, etc.

One of the most important conditions of an exchange agreement is considered to be comprehensive information about the item of exchange (name, quantity, etc.)

If the exchange agreement does not contain information about the price of the objects of exchange, then such property is considered to be of equal value .

the legally competent drafting of contractual relations for the transfer of property to qualified lawyers . Their knowledge and experience will help to take into account the norms of current legislation.

When and how is an agreement drawn up for the transfer of an apartment into the ownership of citizens for privatization?

The agreement to transfer ownership of an apartment to citizens as a result of the privatization procedure takes time. As a rule, the procedure takes about two months. This procedure has its own procedure: as soon as a citizen collects all the necessary documents, he can submit them along with an application to the local registration authority, which is responsible for managing the housing stock. This procedure can also be carried out through the Multifunctional Center.

The application will be considered within two months, after which the citizen will either be given permission or denied privatization.

Decor

An application for privatization of an apartment is considered by the special housing department for two months. The applicant remains with one copy, where the date of acceptance of the documents is indicated. After the specified period, a decision is made to agree or refuse privatization. If the outcome is positive, the administration prepares a draft agreement. Applicants come to sign. The document does not need to be certified by a notary. A simple form with the signatures of the parties is sufficient.

However, before concluding an agreement for the privatization of an apartment, if desired, the applicant shows it to a lawyer. If all points are agreed upon, it is transferred to Rosreestr. This is where ownership is registered. To do this, the applicant pays a state fee of 1 thousand rubles and submits documents for registration. This procedure takes a month.

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How changes are made to the contract

There are cases when changes need to be made to the contract. Amendments can be made as follows:

by agreement of the parties;
By the tribunal's decision.

Amendments to the contract for the transfer of ownership may be in the following cases:

if there is a need to include another participant in this process (for example, a co-owner of an apartment);
if, on the contrary, it is necessary to exclude participants in the privatization process;
if you need to correct any inaccuracies or information about participants.

Changes must be made by drawing up and signing an additional agreement by the parties. Changes will have legal force only after the parties register them with Rosreestr.

How to recover?

To restore a lost contract, you should contact the authority where the privatization was formalized. They will issue a duplicate of the document.

If a citizen at one time received a certificate of ownership based on a privatization agreement, then there is no need to apply to Rosreestr again.

When selling a residential property acquired in this manner, the buyers or their agent will want to know exactly how the property was acquired and will want to review this document.

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It is possible that it will be possible to use the right of free privatization until 2021, but while the corresponding changes to the legislation are only expected, it is worth hurrying in order to have time to transfer the apartment from state ownership to private ownership.

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Grounds for invalidating a contract

During the conclusion of an agreement on the transfer of ownership of an apartment, there are cases when the rights of citizens are violated. In this case, the grounds for recognizing the contract as invalid are considered.

To do this, the citizen will need to go to court and, in accordance with the Civil Code of the Russian Federation, file a claim to declare the contract void. The court will make this decision only if the transaction is truly contrary to the law, violates rights or regulations.

The transaction will be declared invalid by law, so the parties do not need to provide other evidence or arguments regarding the case.

It is worth noting that there are also individual cases when, in order to invalidate a contract, it will be necessary to prove that you are right.

There are certain grounds under which a court must recognize an agreement on the transfer of ownership rights to a citizen as invalid:

If the rights of minors have been violated. If the child was not included in the privatization procedure or was excluded from it without the permission of the guardianship and trusteeship authorities, the court recognizes this transaction as void.
If a child under 14 years of age signed documents or signed them without the permission or presence of the parents.
If the contract was concluded by an incapacitated citizen.
If the participants in the privatization procedure have previously exercised this right. We remind you that according to Russian legislation, citizens have the right to free privatization only once.
If the transaction was carried out without the personal presence of the participants and those who have temporary registration at this address.
If the privatization of the apartment was carried out illegally (under pressure, threats).
If inaccuracies or false information about persons are found in the documents or agreement, this agreement will be declared void.

This kind of transaction is contestable and requires a decision in court. If at least one of the above grounds is found, the parties are obliged to go to court.

What consequences will citizens have of recognizing an agreement to transfer ownership of an apartment?

Since the transaction will be cancelled, the apartment will accordingly become the property of the state or municipality again;
The citizen will resume his right to privatize real estate.

Agreement for the transfer of ownership of residential premises (privatization agreement)

In accordance with the civil legislation of Russia, ownership of a real estate object arises from the moment of state registration of the right and an entry about this is made in the Unified State Register of Rights.

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That is, having received and signed a privatization agreement, a citizen does not yet become the owner of the residential premises.

So, the final stage in the process of apartment privatization will be the submission of the privatization agreement and all necessary documents to the Rosreestr Office. Next, his employees will conduct a legal examination of the documents provided to register ownership rights.

On the basis of which, either a refusal of registration will be issued indicating the reason.

Shares are distributed equally among all owners. In this situation, each owner of his share has the right to dispose of it at his own discretion.

If one of them decides to sell their share, the other co-owners have the right of first refusal.

There are cases when, when carrying out such a transaction as the privatization of housing, the rights of citizens may be violated.

After registration of ownership of an apartment, which was previously owned by the state, it imposes a number of obligations. For some citizens, they become beyond their power. In this connection, there is a voluntary transfer of privatized housing back to the state.

Upon a personal application from a citizen to the local administration, a process of deprivatization (deprivatization) of housing is possible.

Buying an apartment, it turns out, is much easier than registering its ownership.

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There are a lot of nuances that the happy owners of their new residential square meters did not even know about when they got involved in the story of buying real estate.

What needs to be done and in what order, and how soon after the transaction the buyer will become the full owner of his apartment, read in our material.

As soon as you have received the keys to the apartment, immediately go to the Federal Service for State Registration of Cadastre and Cartography, better known as the Registration Chamber.

But do not forget that this document must be drawn up in accordance with the law. We will talk about the nuances of a residential privatization agreement when drawing up in this article.

The procedure has been completed.

Important Changes to the privatization agreement are possible in the following cases:

there was a need to include a new participant in privatization (for example, he had previously refused privatization, but changed his mind during the process);
it is necessary to exclude a participant (for example, a person does not want to participate in this privatization in order to preserve his right for another);
it is necessary to correct the personal data of one of the participants, etc.

Changes are made by signing an additional agreement to the contract. It must be borne in mind that changes come into force only from the moment of their registration in Rosreestr.

In this case, there will be no division of shares and in order to dispose of it, one person needs to allocate the shares.

Conclusion If you decide to privatize an apartment that citizens occupy under a social tenancy agreement, it is important to remember that the agreement on the transfer of ownership of the apartment itself is not the final stage.

Important In accordance with the Civil Code of the Russian Federation, a transaction is considered void if it contradicts the law and thereby violates it. In this case, it will be declared invalid by force of law, and there will be no need to consider other evidence in court.

However, in some cases, in order to invalidate a privatization agreement, evidence will have to be submitted to the court. Such a transaction is called voidable.

Attention Question: Limitation period for invalidating privatization. How long can you go to court to invalidate an apartment privatization agreement? Answer According to the rules of civil law, the general limitation period is set at three years.

However, there is one nuance here - it begins to be calculated from the moment when the citizen learned that his rights were violated by this transaction.

Until March 1, 2021, citizens wishing to privatize an apartment have time to make a decision, collect the necessary documents and register their property.

As stated above, citizens who occupy residential premises under a rental agreement in houses of state and municipal housing stock can receive free ownership of residential premises in the manner of its privatization on the basis of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”.

An agreement on the transfer of housing into the ownership of citizens is concluded by a local administration body, an enterprise, an institution with a citizen receiving residential premises in ownership, in the manner established by the relevant executive authority.

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Citizens occupying residential premises (apartments)

IMPORTANT! SMU RAS warns that it is safer to buy housing by engaging professional lawyers or trusted real estate agents.

This means that first, the one who decided to dispose of it is obliged to offer to buy out the share to other shareholders and only after their refusal can sell it to third parties.

However, another option for decorating an apartment is possible - joint ownership. It is possible only between spouses. In this case, there will be no division of shares and in order to dispose of it, one person needs to allocate the shares.

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.

In St. Petersburg, the decision is made by the St. Petersburg State Budgetary Institution Gorzhilobmen (St. Petersburg State Budgetary Institution "Gorzhilobmen") and the Housing Committee. To receive the service, a person applies to the MFC in person or sends his representative there on the basis of a notarized power of attorney. An alternative method of submitting an application in electronic form through the government services portal has also now been implemented.

Restoring the contract In order to receive a duplicate of the privatization contract, you must contact one of the organizations indicated in the paragraph above with an application. The application will also need to be accompanied by a receipt for payment of the state duty for issuing the document. Complete loss of the document Of course, if there is no privatization agreement in Rosreestr, the administration, or the owner, this is a serious problem, since in this case the privatization agreement can only be restored through the court.

In addition, the contract must indicate all the data of the parties, whose signatures are placed at the end of this document. They are confirmation of the agreement of the parties with all the terms of the agreement. The peculiarity of such an agreement is that it is free of charge, that is, it does not contain conditions on the price of the apartment.

Drawing up an agreement on the transfer of an apartment through privatization To conclude an agreement, it is necessary to collect a package of required documents. The process of collecting them can take about 2 months. As soon as a citizen has all the necessary documents in hand, he has the right to exercise his right to privatization by submitting an appropriate application, for which a special form is provided.

It is this document that must be submitted to Rosreestr to register ownership.

To conclude a contract, you must collect a package of required documents.

On measures for social protection of the population living and working in closed administrative-territorial entities”, on the one hand, hereinafter referred to as “Owner”, Citizen (s), on the other (last name, first name, patronymic), the parties have entered into this agreement as follows: 1.

If privatization was carried out under pressure from third parties (for example, a threat to life or health, etc.).
To complete the transaction, documents were presented containing information that did not correspond to reality and other factors.
So, if at least one of the listed grounds exists, it is necessary to go to court with a statement of claim. In this case, the interested person (plaintiff) is obliged to attach all documents confirming the fact to which he refers.

The transfer of ownership of an apartment can be carried out by drawing up a will. This document is the lifetime expression of the will of the owner, aimed at granting ownership rights to a certain person after the death of the testator.

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The owner of the property has the right to independently determine who will inherit his apartment. These could be relatives, dependents, or just third parties. According to the norms of the Civil Code of the Russian Federation, a will is drawn up in writing and certified by a notary, and a state fee is charged.

Important! If a will is not drawn up during the owner’s lifetime, inheritance of the property will occur according to law. In this case, the heirs will receive the residential premises in order of succession. In particular, the heirs of the 1st stage are the spouse, parents, and children of the testator. The testator's grandson and his descendants can inherit by right of representation.

Registration of residential premises is mandatory for any owner

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This Agreement is drawn up in copies, of which are issued to the owner of the apartment, one to the Department for 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 given 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 read the rules for the use of residential premises, maintenance of a residential building and local area and undertake to comply with them: Friends! If you found this article helpful, PLEASE share it with your friends on any social network, because the more people know about their rights (and prove them), the more responsible the services will become.

Attention

The authority responsible for the provision of the service will send notifications about the progress of the application and may invite the individual to appear in person at the organization providing the service. Having prepared the contract, the executor sends the applicant a written invitation to appear at the appointed time to sign this document. On the specified date, all interested parties come to the MFC, get acquainted with the document, check if there are any errors there.

Cancellation of privatization

In the process of obtaining ownership of an apartment, a citizen also acquires a number of obligations to the state.

The citizen will be required to cover the following expenses at his own expense:

Property tax.
Contributions to pay for major repairs in the house and on its territory.
Contributions that cover the maintenance and upkeep of the house and its grounds.
Other expenses.

If a citizen cannot, due to his financial or any other reasons, maintain his home, he can carry out the procedure of voluntarily transferring the apartment back to the ownership of the state or municipality. To do this, the citizen will need to perform the following procedure:

When voluntarily transferring an apartment back to the state, a citizen must write a statement to the local government authority stating that he wishes to carry out the procedure of deprivatization or deprivatization of real estate.
Close all debts on the apartment and utility bills.
After submitting the application, the citizen will transfer all his rights and receive an extract stating that he is no longer the owner of the property and again resumes his right to free privatization.
A citizen receives the right to live in an apartment on the basis of a social tenancy agreement. The citizen again acquires the status of a tenant of housing.