Re-privatization after deprivatization

Grounds for privatization of an apartment

The transfer of municipal apartments into the ownership of citizens occurs in accordance with the Law of the Russian Federation No. 1541-1 of July 4, 1991 “On the privatization of housing stock in the Russian Federation.” Those citizens with whom the administration has entered into a social rental agreement can receive property ownership. The tenants under the contract are individuals, the lessor is the municipal government. After concluding an agreement, citizens have the right to use the apartment free of charge. Tenants do not make any rent payments to the municipality. The only expense is paying for utilities.

How many times is it allowed to privatize an apartment free of charge?

How many times can one participate in privatization is regulated by article number 11 of Federal Law 1541-1, which was adopted in 1991. It clearly states that a citizen has the right to participate in free privatization only once.

Important! Citizens who have deprivatized an apartment cannot regain ownership of it. If the user exercised the right to privatization, then deprivatized the apartment, then it will be impossible for him to again claim the right to private property even in such a situation. For this reason, experts advise carefully considering the issue of registering an apartment as private property and returning it to the ownership of the municipality.

Who has the right to privatize housing

All residents registered in the apartment have the right to submit documents for privatization. The citizens registered in the apartment and the tenants under the contract are not always the same persons.

Some of them could check out of the apartment, and some could register with the permission of the administration. At the same time, there is no need to change the social tenancy agreement if the composition of registered residents has changed.

A person who has left an apartment provided under a social lease agreement does not have the right to participate in the privatization of this apartment.

The exception applies to minors under 18 years of age who were previously discharged from the apartment. They can claim a share in the apartment as part of privatization.

Re-privatization procedure

Every citizen can rent another apartment from the municipal authorities, even if they own a room. According to the law, he cannot privatize it for free again. There is no provision for paid privatization, but a citizen can still become the owner of such housing. To do this, he needs to buy the apartment from the municipality.

What to do if a citizen who previously participated in privatization as a minor expressed a desire to privatize an apartment? The court can solve your problem. The situation is similar for persons who lost real estate due to terrorist attacks, fire, flood and other disasters. They will be able to privatize the housing provided to them by the municipality through court proceedings.

If you want to get legal advice free of charge, you can contact lawyers who provide free advice online on the appropriate servers. They answer questions within a few minutes any day of the week and at any time of the day. Get a free consultation with a lawyer with appropriate education and extensive experience quickly and free of charge in real time and then you will have no doubt whether your re-privatization was denied correctly or not.

Conditions for the privatization of municipal housing

The main condition: the employer should not have previously participated in privatization. The right to privatization is granted to a citizen only once in his life, regardless of whether he owns another home.

At the same time, children who participated in privatization before reaching adulthood retain the right to repeat the procedure after they reach 18 years of age.

What you need to know about the privatization of a municipal apartment:

• It is voluntary. It's up to you to decide when to privatize and whether to do it.
• Indefinite procedure. There are no time limits.
• This is possible only with the written consent of all persons registered in the apartment. Family members must act together and apply for privatization at the same time.

Each citizen who has the right to privatize an apartment is required to either have written consent or a notarized refusal. The person who issued the refusal loses the right to a share in this apartment, which is distributed among the remaining registered family members. At the same time, a citizen who refuses privatization is not deprived of lifelong residence in the apartment.

The advantages of registering ownership of municipal housing are known to everyone: the opportunity to sell an apartment, donate it, bequeath it, exchange it, etc. After privatization, it will be possible to leave the apartment as collateral, rent it out for profit, and carry out redevelopment in it. Cons: you will need to pay an annual property tax and regularly make payments for major repairs.

Read: Features of transferring residential premises to non-residential premises

Is it possible to participate in privatization a second time?

Article 11 of the Federal Law “On Privatization” contains a direct indication that every citizen has the right to free privatization of housing once in his life. In the same normative act, in its second article, it is determined that absolutely all citizens can go through the procedure for free access to property, regardless of gender, age, presence of diseases, disabilities, criminal records, and other things. However, only once in a lifetime.

The requirements that the legislator sets for persons wishing to privatize residential premises:

• permanent residence in the apartment being converted;
• permanent registration in it;
• existence of a social tenancy agreement;
• compliance of the residential premises with privatization standards (it is not in emergency condition, there is no debt for utility bills, etc.);
• non-participation in the privatization procedure.

You can read more about how to privatize an apartment for one person in this article.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

However, there is a category of citizens who can also apply for participation in the privatization procedure for the second time in their lives - persons who became participants in the transfer of ownership of an apartment as a minor.

Since their parents (legal representatives) acted on their behalf, after reaching the age of 18, these Russian citizens will be able to once again take ownership of residential real estate on their own.

It also does not matter what kind of housing the person previously privatized. An attempt to convert an apartment of a larger area into ownership if the right to privatization has been spent will not lead to success - the refusal of the executive authorities will be natural and legal.

Example. In 1994, Ibragimova S.V. participated in the privatization of housing together with her husband. The apartment was turned into shared ownership and Ibragimova got half of it. After some time, the couple divorced and Ibragimova sold her share in the apartment to her ex-husband. In 2010, the woman married I.R. Dudorov. The new husband registered her in the apartment, which he used under a social tenancy agreement.

In 2015, Ibragimova and Dudorov decided to privatize this apartment. The husband did not use his right to free privatization and had the right to do so. But Ibragimova was denied ownership of the apartment, despite her arguments that she did not have a privatized apartment, her first husband used it and disposed of it. The woman filed a claim with the judicial authorities, attaching to the claim a written refusal from the local authorities. The judge, having considered the case, ruled that the municipality’s refusal was completely legal and left his decision unchanged. So the apartment was converted into the property of I.R. Dudorov only.

Documents that will be required when privatizing an apartment

Standard list of documents for housing privatization:

• Passports of all participants in the process, birth certificates of children.
• Social tenancy agreement.
• Warrant (if available). If the order is lost, you should take a copy of the order to provide an apartment from the city archives.
• Certificate of non-participation in privatization for all family members (BTI) - needed if a citizen has changed his place of registration since 1991.
• Consent to privatization from all persons registered in the apartment. Children from 14 to 18 years old sign in the presence of their parents (guardians); parents submit an application on behalf of children under 14 years old.
• Extract from the house register for the period from July 21, 1991.
• Application for privatization.

Download the application for privatization of a municipal apartment (sample/form)

Download a sample application form

How to take part in privatization again?

The first participation in the procedure does not cause any particular difficulties, especially since we have already described the step-by-step algorithm in our previous articles. You can check out:

“How to privatize an apartment, housing?”

“What documents are needed to privatize an apartment?”

“How to privatize land under a private house?”.

Re-privatization is not much different. The main thing is to adhere to the established procedure and provide a complete package of documents. Let's start with step-by-step instructions.

Order and procedure for re-privatization

Those wishing to take advantage of the second chance to privatize an apartment or housing must do the following:

1. Prepare documents for participation in the free procedure, incl. confirm that resubmission of the application is justified.
2. Contact the MFC office.
3. Write a statement to the local administration.
4. Wait for approval from the authorities.
5. Sign the apartment privatization agreement
6. Complete the procedure by registering ownership in the MFC or Rosreestr.

Thus, the procedure practically coincides with the algorithm for privatizing housing for the first time. Particular attention should be paid to the second stage - the evidence provided determines whether your application will be approved or rejected.

Documentation

The submitted documents can be divided into two categories: application + title documents for real estate, as well as evidence of legal participation in privatization for the second time.

The package of documents includes:

• Russian passport - for adults, and children provide a birth certificate;
• documentation for the apartment - in particular, the registration certificate (a copy is sufficient);
• a document confirming the right to transfer living space into private ownership - a social tenancy agreement or a warrant (for old apartments);
• extract from personal account(s);
• permission for privatization - housing should not be withdrawn from circulation;
• written statements from all participants;
• a refusal certified by a notary, if not all residents agree;
• extended extract from the house register;
• confirmation of legal participation in the procedure for the second time (certificate of minor age at first participation, certificate of membership in the category of residents of the Far North, certificate of participation in a paid housing transaction, etc.);
• other documents upon request.

The above documents are annexed to the application to the administration. Look for a sample, form and form in the article “Application for privatization of an apartment, residential premises.”

Procedure for applicants

Step-by-step instructions for the privatization of municipal housing:

1. Collect documents from the above list.
2. Submit the above documents either personally to the local government authority or through the MFC. The presence of all registered persons in the apartment is mandatory, with the exception of children under 14 years of age. Representatives may participate in the procedure under a notarized power of attorney.
3. Receive at the appointed time (after 2 months) an agreement on the transfer of housing ownership, in which all participants in the privatization and the size of shares in the right of common ownership are assigned.
4. Carry out state registration of the agreement in Rosreestr. To do this, all family members need to simultaneously submit an application for registration of rights to Rosreestr (through the MFC). The state duty is 2000 rubles for everyone.
5. Receive an extract from the Unified State Register within 7-10 business days confirming the transfer of ownership.

Read: What is a technical passport for an apartment and why is it needed, how and where to get it in 2021