Indefinite privatization of residential real estate. State Duma deputies supported the bill on the indefinite privatization of housing in Russia. What does the indefinite privatization of housing give?

It's funny with this free privatization. This is the second time since the law was adopted that something unexpected happens in the first reading. The first time was in 2015, when in the first reading it was first extended until 2018, and then, through amendments, it was “cut” until 2016. And now - a convincing revenge. On February 10, 2017, a law was adopted in the third reading that makes free privatization of housing indefinite. 413 deputies voted unanimously for this.

Measure it five times
Let us remind you that free privatization was extended five times, the last time until March 1, 2017. And every time there is an intrigue: will they renew or not? This year it was much more twisted than in previous years. Of course, before making free privatization permanent, the same deputies were going to abolish it altogether. Yes, yes, on January 27, the State Duma adopted in the first reading a draft law authored by the well-known deputy from United Russia, Alexander Sidyakin, who, from March 1, abolished free privatization for all groups of the population (except for residents of Crimea, orphans and displaced persons from emergency housing) . And even then he left only three years for it – until 01/01/2020. And the draft law proposing unlimited free privatization was unanimously rejected by the deputies. But now they accepted it no less amicably.

Perhaps the deputies were somewhat influenced by a signal from the administration of the President of the Russian Federation. During the second reading of the bill on February 7, a number of deputies, including Alexander Sidyakin and the chairman of the Duma Committee on Housing and Communal Services (she is also the author of the rejected project on unlimited privatization) Galina Khovanskaya, proposed extending free privatization at least until 2019, given that the news its imminent completion triggered a privatization boom throughout the country. And then a sensation broke out. Deputy Chairman of the United Russia faction Andrei Isaev said that a decision had been made at the top to make free privatization permanent. On the same day, in the second reading, the necessary amendments were adopted, making the bill on the end of the free service a bill on an indefinite free privatization.

Photo: Anton Novoselov

It turned out that free privatization had many supporters - Vladimir Zhirinovsky, Vyacheslav Volodin spoke in favor of it, and Dmitry Medvedev's press secretary Natalya Timakova said that her boss had always been a supporter of unlimited privatization. Then presidential press secretary Dmitry Peskov said that Vladimir Putin adhered to this point of view from the very beginning. It seems that so far only the heads of the Ministry of Construction and the Ministry of Economy, who lobbied for the law on its completion, have remained silent. Perhaps they have reconsidered their position a little.

The bill will go to the Federation Council of the Russian Federation, where it will receive approval without delay on February 15, and the president will approve it by March 1. Free privatization will become unlimited. But is it permanent forever? Everything here is not very obvious. After all, as we remember, the bill on unlimited privatization was rejected, but the law on completing free privatization was adopted in the first reading, and changes were already made to it. Which ones exactly are not yet clear. The rejected bill, for example, had certain restrictions. That is, unlimited and free, but not for everyone. The bill denied it to those who registered after March 1, 2005. Are there any restrictions in adopted law- It’s unknown yet, but let’s wait, fortunately the wait won’t be long.

Photo: Anton Novoselov

About privatization in questions and answers

Which housing can be privatized and which cannot?

Privatization is the transfer of housing from municipal or state ownership to ownership individuals, living in it on the basis of a move-in order issued before 1995, when social rent agreements did not yet exist. Let us recall that a social rent agreement is concluded with citizens recognized as low-income and in need of housing, when this housing is allocated to them. There are restrictions on privatization. Thus, it is impossible to privatize housing that is located in dormitories, in closed military camps, in environmental and protected areas, as well as those recognized as unsafe or located in buildings undergoing demolition.

How long do you need to live in an apartment to have the right to privatize it?

There are no restrictions on the length of stay. After concluding a social tenancy agreement, you can immediately begin collecting a package of documents and submitting an application for privatization.

What is now included in the package of documents for privatization? Is it difficult to assemble?

The list of documents includes:

statements of consent to privatization from all adults, starting from 14 years old and who have received a passport, who have a permanent residence in this living space;
personal documents of everyone involved in privatization: Russian Federation passports, birth certificates of minors under 14 years of age;
technical passport for the apartment;
move-in order or social tenancy agreement;
a copy of the personal account confirming the absence of debts on utility bills;
an extract from the house register, which shows everyone registered in the apartment.

It must be borne in mind that each specific option may require additional documents. For example, a document confirming a change of surname, a death certificate of a deceased family member included in the order, permission from the guardianship authorities if a child under guardianship is registered, a certificate of non-participation in privatization before - for those who changed their place of residence, and so on . This is where significant difficulties are possible. And if one of the people registered in the apartment is categorically against privatization, then it will have to be achieved through the courts.

Photo: Dmitry Karyshev

Where to submit the package of documents? And how long to wait after?

It is most convenient to submit a package of documents through the MFC, and where it is not available, to the municipal administration. The period for consideration of an application for privatization is two months. After this, you receive from the municipal authorities either consent to privatization or a refusal.

And what after that?

If the authorities have confirmed their consent to privatization, then between municipal administration and the applicants sign an agreement on the transfer of ownership of housing - all applicants. Then the transfer of ownership is registered in Rosreestr. In this case, you need to pay a state fee - 2000 rubles. Since 2017, the period for registering a right has been reduced to 5-7 working days, depending on the method of submitting documents. The previously issued certificate of registration of housing rights has now been cancelled, so in your hands you will only have an agreement on the transfer of ownership of housing. An extract from the Unified State Register confirming the registration of the right can be ordered from Rosreestr. Now, in February 2017, it costs 250 and 400 rubles in electronic and paper form, respectively.

What to do if privatization is refused?

Reasons for refusal may vary. For example, recognition of housing not as municipal, but as official, absence in the real estate register of the house in which the apartment is being privatized, etc. Some obstacles are solvable, some may turn out to be insurmountable. But common decision if privatization is refused, an attempt is made to achieve it through the courts.

Alisa Orlova

Extension of free privatization of housing is a key topic on today's State Duma agenda. It was decided to make it permanent - the corresponding amendment was prepared for the second reading.

The draft law was adopted unanimously - 422 votes in favor. Citizens who have not yet privatized their apartments do not have to rush to complete the paperwork. Free privatization for everyone will not end on March 1. At first it was planned to extend it for three years - for displaced people from emergency housing, Crimeans and orphans. But the day before the faction " United Russia“I decided to radically rewrite the draft law for the second reading - everyone will have the right to free privatization of housing forever.

“We were contacted by the most different categories: these are also those who live in dormitories that previously belonged to industrial enterprises which have closed - the question of their place of residence and their privatization remains open, and residents of military camps... More and more categories were named, and many voters asked us to make a decision on extending such privatization indefinitely,” said the chairman of the Committee on Labor and social policy, member of the United Russia faction Andrey Isaev.

The privatization of housing began back in 1992. Before this, there was no full private ownership of apartments. Since the beginning of the 90s, free privatization has been extended six times. Now, according to the Agency for Mortgage and housing lending, 93% owned housing stock. The Duma opposition has repeatedly proposed making privatization permanent, so today the draft law was supported by all factions.

“Finally, the government agreed to unlimited privatization. We talked about this every year, but rejected our LDPR law, and now privatization will be indefinite,” said LDPR leader Vladimir Zhirinovsky.

“It took us and our colleagues ten years to make this privatization free and indefinite. It looks like a miracle, but it happens when we demand justice so persistently, together with citizens. Justice will be achieved today in the second reading on housing privatization,” said Oleg Nilov, deputy head of the A Just Russia faction.

“We communists stood for state property, this is understandable, but since we have been sitting in the Duma for more than 23 years, private property has already become dominant in the country, people have become accustomed to this way of life, although we believe that this is not all correct. Now privatization of housing is the desire of the person himself. Therefore, it is simply wrong to prohibit him from doing this,” says Tamara Pletneva, a deputy from the Communist Party of the Russian Federation, chairman of the Committee on Youth, Women and Children.

Parliament is ready to complete work on the law on the unlimited free privatization of housing quickly so that the document comes into force before March 1.

The State Duma adopted a law on the indefinite extension of free privatization of housing for Russians. The signal to pass the law in this form came from the president, said speaker Vyacheslav Volodin

The State Duma on Friday, February 10, approved amendments to the law putting into effect Housing Code, which allow for an indefinite extension of the free housing privatization program for Russians. The bill was adopted unanimously - 413 deputies voted for it, an RBC correspondent reports.

The signal to pass the law on unlimited privatization “came from the president” of Russia, said Duma Speaker Vyacheslav Volodin. According to him, the opinion of all Duma factions was heard, and United Russia members all Lately“We have been working on this issue with the government.”

The decision on permanent privatization “is a holiday,” said LDPR leader Vladimir Zhirinovsky. But people need to be explained that they may not privatize housing, then all responsibility for its maintenance, including major repairs, will fall on the authorities, and not on themselves, Zhirinovsky noted. “Perhaps someone will not need to do this, because relatives will want to receive a will in their favor ahead of schedule. And then grandparents die ahead of schedule, seeing their relatives waiting for housing to become available,” he warned.

According to the current law, free privatization is on March 1, 2017. Earlier, the Duma in the first reading adopted a bill by United Russia member Alexander Sidyakin, which suggested that free privatization would only be for certain categories of citizens - residents of Crimea, orphans and residents of houses recognized as unsafe before January 1, 2012. The government also shared the opinion that it was necessary to complete mass privatization in 2017, a representative of the Ministry of Construction said at a meeting of the Duma Committee on Housing and Communal Services.

But by the second reading of the document, deputies. Chairman of the Duma Committee on Housing and Communal Services Galina Khovanskaya explained this by the excitement that arose in Moscow and other cities after reports of the imminent end of the program. The co-authors of the bill - Sidyakin, deputy chairman of the housing and communal services committee Pavel Kachkaev, and Khovanskaya proposed to extend privatization for all Russians until 2019.

However, on Tuesday, February 7, the first deputy chairman of the United Russia faction Andrei Isaev. Later, the press secretary of Prime Minister Dmitry Medvedev, Natalya Timakova, said that the initiative to indefinitely extend the program belonged to him. Vladimir Putin “from the very beginning” was a supporter of unlimited privatization, his press secretary Dmitry Peskov said on February 8, noting that the president had conveyed his point of view to the government.

The decision on an indefinite extension was made due to the annual “spikes of privatization” shortly before the end date of the program, Kachkaev explained at a plenary meeting of the Duma on Wednesday, February 8. “To make people more conscious about privatization, this decision was made,” the deputy added.

The decision to indefinitely extend privatization has both positive and negative aspects, says Andrei Isaev, first deputy leader of the United Russia faction. Deputy head of the Ministry of Construction Nikita Stasishin mentioned one of the disadvantages to the deputies. The fact is that the extension of the right of citizens to privatize housing leads to a constant reduction in the state and municipal funds that could be provided to those on the waiting list and other people in need, and prevents the authorities from implementing some state programs - in particular, the program for the development of rental housing, the official said. The authorities do not yet have a solution to the problems associated with the indefinite extension of privatization, interlocutors in the State Duma previously told RBC.

More than 25 years in Russian Federation Free privatization of residential premises continues, but not all citizens, for a number of reasons, have managed to register their property as property. Therefore, the issue of extending free housing ownership is still relevant.

What is privatization

Free registration of residential premises as property implies the opportunity and right of every citizen of the Russian Federation on the basis of Art. 11 of Law No. 1541-1 “On Privatization... » once in his life, re-register the apartment that he occupies under a social tenancy agreement into personal property.

This procedure is possible only on the basis of the personal desire of a citizen living in municipal housing on the basis of a social tenancy agreement, and in no way depends on the will of the municipality. Regardless of whether local authorities want to transfer housing ownership to tenants or do not want to, they are obliged, after receiving the application for privatization, to formalize all Required documents and transfer the apartment to the ownership of the tenant.

The only condition for a citizen to have the right to register ownership of his home must be living in it on the basis of a social tenancy agreement, that is, using it legally.

In order to privatize residential premises, the tenant must present to the municipality:

extract from the Unified State Register according to Form No. 3, where it must be indicated that he does not own other residential premises;
certificate from the BTI that he had not previously participated in privatization.

History of privatization in the Russian Federation

The privatization law was adopted on July 4, 1991, and it is from this date that the free privatization of residential premises is considered to begin. Based on this Law, the transfer of housing into the ownership of citizens was supposed to be completed by 2007, but life constantly made adjustments, so the terms of free privatization were extended several times:

until the beginning of 2010;
until January 1, 2013;
until March 1, 2018.

The need for repeated extensions of deadlines was explained mainly by the reasons that a large category of citizens lived in dilapidated and emergency houses, housing in which they were in no hurry to register ownership. Some citizens did not have the opportunity to obtain ownership of it, since it had actually already been confiscated, and the residents were awaiting relocation to newly built houses.

After March 1, 2018, the state planned to complete privatization for the main group of citizens of the Russian Federation, leaving the right to obtain property only for three categories:

orphans left without parental care;
residents of Crimea and Sevastopol;
persons living in dilapidated and dilapidated housing, recognized as such before 2012.

According to the amendments to the Law, these persons had the right to privatize residential premises occupied by them under a social tenancy agreement until March 1, 2021, that is, within three years after the completion of the main privatization.

On February 10, 2018, the Duma adopted final amendments to the Law, according to which privatization became indefinite and free for all citizens of the Russian Federation. On February 22 of the same year, the President of the Russian Federation signed Federal Law No. 14-FZ, which approved all amendments to the “Law on Privatization...” adopted by the State Duma.

When adopting the amendments, the interests of citizens standing in line to receive social housing, since the end of privatization could deprive these categories of the opportunity to obtain residential property, that is, it would infringe on their rights.

For example, a family is recognized as low-income and placed on a waiting list for social housing. The line is moving slowly, and they may not receive housing until 2025. According to the old version of the Law, they could no longer register it as property, in new edition This possibility remains, no matter how long you have to wait to receive social housing.

Also, citizens living in dilapidated and dilapidated housing, after 2021, when moving to new homes, would lose the right to privatization, which also did not allow them to exercise their right to free receipt ownership of residential premises. According to Rosstat, at the beginning of 2018, approximately a third of residential premises remained owned by municipalities, as the pace of privatization of apartments slowed down significantly.

For example, a family of five lives in a municipal one-room apartment area 40 sq. meters in a house intended for demolition. If they privatize residential premises, then upon relocation they will be allocated an apartment of the same size. If they delay privatization, the new housing will have an area of 80 square meters. meters.

IN latest edition According to the law, the conditions for the transfer of residential premises into the ownership of citizens remain the same: it is possible only for persons living in apartments, rooms, or separately standing houses under a social tenancy agreement, who have never participated in privatization and do not own other residential premises.

Why has the privatization of housing become indefinite?

The state adopted these amendments to the Privatization Law for the following reasons:

A large category of citizens who live in dilapidated or dilapidated houses, subject to demolition, cannot exercise their right to privatize their home until they are moved to new apartments.
Waiting lists to receive social housing will also be able to transfer it into ownership after they receive a new one under a social tenancy agreement.
Residents of Crimea and Sevastopol Previously, they could not register their apartments as property, since different laws were in force on the territory of Ukraine, and the urgent and massive transfer of housing into ownership over such a vast territory could create many difficulties in privatization, and, as a result, provoke a corruption component.
The abolition of free privatization could provoke social tension in the Russian Federation; socially vulnerable layers of the population of the Russian Federation who do not have the opportunity to obtain a roof over their heads in any other way.

Experts named another important reason for permanent privatization: protection from various scammers, so-called “black” realtors, unscrupulous relatives, especially in situations where elderly citizens who have little understanding of Russian legislation live in residential premises.

Since free privatization had an expiration date, as this date approached, various fraudulent schemes intensified significantly. Unscrupulous citizens visited the residents apartment buildings, they persuaded me to hurry up with registering the property, and offered to help speed up the process for a “reasonable fee.”

And since the end date for the free registration of residential premises in property was inexorably approaching, many tenants fell for scammers. Now there is no need to rush with re-registration; any tenant can re-register his home as his property when he considers it necessary to do so.

For example, in many regions of the Russian Federation, scammers used this scheme to deceive citizens living under a social tenancy agreement. They offered to help single pensioners speed up the privatization process; the citizen only had to sign a general power of attorney for the “representative.” A power of attorney was signed, the fraudster registered ownership of the home, then quickly sold it and disappeared, and the new owners filed statement of claim about the eviction of the previous tenant.

For the state, free privatization of residential premises also plays an important role, since with an increase in the number of owners of residential premises, the following occurs:

Expanding the number of taxpayers. All residential property owners are required to pay property taxes annually.
Getting rid of unprofitable housing. As you know, all houses tend to wear out, after some time they need major renovation. If the housing is municipal, then these repairs are paid for by the state represented by local municipalities, but if it is owned by individual, then all major repairs are paid by the owner.
Financial profit. Although privatization is called free, citizens still bear some costs. The costs of privatizing residential premises can range from 7 to 20 (and more) thousand rubles.

For example, the state duty for registering property rights will cost 2,000 for each participant in privatization; for the technical plan of the premises you will have to pay from 1,500 to 15,000 rubles, registration cadastral passport will cost about 2,000 rubles.

Many citizens still have not been able to decide what is best for them - to privatize their housing, or to continue to live in it under a social tenancy agreement. Everyone must decide for themselves what to do. Lawyers give several recommendations:

If your home recognized as dilapidated or in disrepair and must be resettled, there is no need to rush into privatization. When moving such houses, the owners receive new living quarters on a “meter per meter” basis. In other words, what is the area in old apartment, you will receive this in the new one. Residents living under a social rental agreement receive new living quarters according to the standards, that is, the new housing can be much larger than the previous one.
If the family is low-income, then privatization is not desirable. Already small family budget will become even less, since you will have to pay property taxes.
If you live in the apartment lonely citizen Moreover, he is of advanced age, and his heirs are not registered, it is better to privatize the housing so that his relatives inherit it. If the apartment is not privatized, then after the death of a single tenant it is transferred to those on the waiting list; relatives will not have any right to it.
If a single resident of a municipal housing unit no heirs, then there is no point in privatization; the tenant under a social tenancy agreement can already live in it for life.
If you live in a large municipal apartment and you urgently need needed money, you can privatize it, then sell it and buy residential premises cheaper, using the remaining money for your needs.
If you often admit big debts for housing and communal services, then it is better to privatize housing, since eviction of the owner for rent arrears is quite difficult, and eviction of residents of municipal apartments is much simpler. But, on the other hand, upon eviction from municipal apartment In return, the tenant is provided with an alternative roof over his head, albeit a smaller one, while the owner is evicted to “nowhere.”

So, you live in municipal housing under a social tenancy agreement and still haven’t decided whether to privatize it. Now you don’t need to rush; you have time to weigh the pros and cons of registering your home as a property.

If you decide to take this step, be sure to consult with a competent specialist. Consultation can be obtained online on our website, or you can call the numbers listed below.

Free privatization of housing, which was extended over and over again as its next completion date approached, became indefinite. The corresponding law was signed by the president and came into force. Become the owner of an apartment located in social hiring, now you can at any time. If, of course, such a desire appears.

Who can privatize housing and how?

The procedure for housing privatization itself has not changed. As before, citizens living in an apartment (house) on a social tenancy basis, as well as members of the tenant’s family registered in this living space, can exercise their right to free privatization. We are talking here about state or municipal housing, which, for the most part, was provided to the population back in Soviet times.

There are only two significant restrictions on the right of free privatization:

it can be used only once, with the exception of cases where the citizen participated in privatization during his minority;
housing should not be in disrepair, but may be in a condition requiring major repairs.

The easiest way to privatize housing is to contact a multifunctional center (MFC). Here you can get advice, complete and submit an application along with the prescribed package of documents. The MFC itself requests many documents as part of interdepartmental cooperation. But some will have to be assembled yourself. The process itself is simplified to a minimum. The approximate period from submission of a package of documents to the execution of a privatization agreement is 70 days. The only costs are the payment of a state duty in the amount of 2,000 rubles. Some additional expenses may entail other services, for example, issuing a new cadastral passport. You do not need to make any payments for the housing itself or the registration of the contract. Privatization in this regard is truly free.

After registering the property, you must notify tax authority at the place of registration as an individual taxpayer, if the notification to the Federal Tax Service is not sent by the body for registration of rights to real estate independently.

Privatization of housing in Russia: how it was from the very beginning

Privatization of housing in Russia is a unique phenomenon in world practice. No, privatization itself took place in many countries, especially in the post-Soviet space. But for free - nowhere. And it is precisely thanks to this approach that the number of residential property owners in Russia has increased, firstly, very sharply, and secondly, very significantly.

The housing privatization program was conceived back in the Yeltsin era as legal mechanism, allowing citizens to register ownership of apartments obtained in Soviet times for free. The owners of such living space had significantly limited rights and could not dispose of the apartments or house at their own discretion. The only thing that was available was exchange. And even then with restrictions, the overcoming of which required the use of various kinds of schemes, not always absolutely legal.

After free privatization was allowed, many employers took advantage of this right. True, many subsequently took the opposite route - deprivatization. To date, about a third of apartments and houses are considered non-privatized. At the same time, there is particular activity in registering ownership of socially rented housing. last years was not observed. One of the serious factors of this trend is the depressing state of the old housing stock and the need to pay after registering property property tax, and today - also contributions for major repairs. Against this background, many who want to privatize housing simply solve the problem of obtaining the opportunity to sell or rent it out, but not in any way acquiring the “long-awaited right of ownership.”

A decline in demand for privatization began to be noted 10 years ago. True, by this time the deadlines initially established by the new housing legislation were already approaching completion. After 2007, privatization deadlines began to be extended, despite the fact that there was no greater excitement. Extensions were often justified by giving employers another chance to become owners. But it’s impossible not to note objective reality: having an asset in the form of old housing stock on the balance sheet is expensive for municipalities that are the main landlords.

Should housing be privatized?

Privatization is voluntary. And if you previously postponed this procedure, then now there’s definitely no need to rush. Ownership rights will need to be registered for those who plan now or in the future to sell, rent out or otherwise dispose of their housing. It is reasonable to evaluate the financial costs of maintenance. By the way, they are perhaps the only aspect by which the state can stimulate an increase in demand for privatization, for example, by increasing tariffs for social rental housing. So far, the only new costs awaiting new owners are property taxes and contributions for major repairs, which tenants do not pay. In general, the calculations for tenants and owners are different, and they need to be assessed in comparison, in relation to a specific house and apartment.