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Main » Articles » Real Estate » Property

Privatization of housing: steeplechase

Privatization in Russia has already lasted 16 years. Over time, many of the difficulties of becoming this process has been overcome. But until now, quite often the citizens who choose to formalize ownership of various properties, face challenges, including legal ones.

Adoption of the 1991 law "On privatization of housing stock in Russia Federatsiia" real estate experts call a landmark event. That's when the market was born in Russia, the official sale of real estate. Privatization means the transfer of property to private ownership, after which the person has the opportunity to dispose of their property - to sell, give, rent, etc. By law, a citizen of Russia has the right only once to participate in privatization.

I managed to privatize - won

Citizens, for some reason has not yet secured the property in "blood" square meters of housing, time for something to do this for free is left is not too much - until 1 January 2010 then formalize ownership of the apartment only to be money. Today in St. Petersburg privatized about 75% of residential real estate city.

The rest of the townspeople from privatization holds any prospect of weeks of walking the chain of command, or the fear of increasing the cost of the apartment.

The issue of privatization is most important for St. Petersburg, living in the city center. This is especially significant in light of the beginning of the resettlement process of the old houses and building in their place of business objects. "In the most favorable situation are those who managed to draw home ownership, as the State is obliged to compensate the market value of residential areas or provide other apartment, but the appropriate level. If the housing property of the city, its residents can move in absolutely any apartment, the main thing - the equivalent of footage "- says CEO of real estate agency" Benoit "Dmitry Schegelsky.

With the privatization of housing in the historic center may be a number of problems. For example, if a house is an architectural monument. Then I'll have to go to the Committee for State Control, Use and Protection of Historical and Cultural Organization (KGIOP) and ordered a comprehensive examination of the object. It must be held during the week, but in practice the terms are often delayed. Examination fee, the cost depends on the volume of work. Next KGIOP constitutes an act of the technical state of the object and the inventory of items of which transmits to the Committee on City Property Management. And KUGI decide, whether to entrust such a valuable national property. If privatization still be allowed in KGIOP need to sign a secret service obligation.

When the family was no agreement

Despite the fact that for 16 years, the mechanism of privatization of housing was sufficiently evolved, quite often there are situations in which without the help of lawyers not understand. The most common cases - when one of the registered members of the family's apartment refuses to privatization. In this case, the tenant could be privatized only their share.

The big problem in conducting any real estate transaction (including - of privatization) could be an unauthorized alterations. If the technical plan does not coincide with reality in an apartment, obtain permission for privatization will not succeed. In this case, reconfiguration must be registered and only then privatize the apartment. If illegal housing reconstruction still is found, it will have to agree. After agreeing to go again in zhilkontoru, take a flat response (form 7) and call home, the master of the PIBA.

If denied

In judicial practice, not uncommon for improper denial of the privatization of enterprises, on the balance of which are objects of the housing stock. Meanwhile, the law "On privatization of housing stock in Russia" gives an exhaustive list of grounds on which residential premises are not subject to privatization. This accommodation, located in an emergency condition, the rooms in hostels, homes closed military towns, as well as office accommodation.

It happens that a person who has filed a statement on privatization and the necessary documents, he died before the registration of rights under the contract transferring ownership of dwellings. This agreement is between the public authorities (or local authorities), now a citizen, entitled to rights to housing. In such a case to prove ownership of the heirs of living space is not easy.

Do not want to be the owner

Housing Code allows deprivatizirovat housing, that is, to translate it from private property back to the municipal or state. In the de-privatization interested primarily retirees who fear the high amounts of property tax in the future, and the military, privatized once the room, and now have the opportunity to purchase apartments for housing certificates. The question of de-privatization of the apartment can be solved in two ways. First, on a voluntary basis - at the request of the owner of the apartment (in this case, he and all those who refused to privatization in its favor, denied the right to privatize any housing in the future). Or, secondly, in the courts - upon presentation of a claim for recognition of the transaction to privatize housing invalid on the grounds provided by the Civil Code of RF. The persons who may seek redress depends on the reason for which the claim will be presented. This trial is very complicated, and usually without qualified lawyers to solve this problem practically impossible.

BACKGROUND

What documents are needed for the privatization

- Passports of all family members registered in the apartment;
- Characteristics of the dwelling (certificate in the form 7 with the reference "for PIB"), issued at passport agencies;
- Certificate of registration of citizens of the place of residence (Form 9, with an indication for "privatization");
- A copy of the warrant (if you moved into the apartment until 2005) or the social contract of employment (if moved in later);
- If a citizen is registered in the apartment after January 1, 1992, need archival information on residence registration (Form 9) to all places of previous registrations. These documents need to take each family member is involved in privatization;
- A certificate of non-participation in the privatization of previously (taken in the district agencies to privatize those settlements, where a citizen was registered);
- If after receiving the order changed the name, need a photocopy issued this certificate;
- If after receiving a warrant in the apartment were registered, parents, children or grandchildren, you must submit photocopies of all birth certificates for children or marriage;
- If after receiving a warrant someone was withdrawn from registration in connection with the death, need a photocopy of the death certificate;
- If at one time instead of a warrant was issued "Order of the head of administration", it is necessary to conclude a contract zhilkontore social rent, but before filing of documents for privatization - to terminate it;
- Technical data sheet flat;
- Authorization for the registration of the contract for privatization. It is necessary for the Office of the Federal Registration Service of St. Petersburg and Leningrad, where the representative of the Agency for privatization will carry on your behalf, collected documents. Some notaries prescribe certain powers of attorney for each family member. In fact, all future owners can list in one form, thus saving money and not violating the law.

Category: Property | Added by: Дмитрий (21.03.2010)
Views: 335 | Rating: 0.0/0

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