Tuesday, November 8, 2011

Housing privatization

Privatization in Russia has already lasted 16 years. Over time, many difficulties of this process could be overcome. But still often enough 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 the Russian Federatsiia" real estate professionals called a landmark event. It was then that originated in Russia, the official market of buying and selling real estate. Privatization means the transfer of property to private ownership, after which the person has the opportunity to dispose of their property - sell, give, rent, etc. By law, a Russian citizen has the right only once to participate in privatization.

I managed to privatize - has won the

Citizens, for some reason not yet secure for themselves the property of "blood" square meters of housing, then the time to do it for free there are not so much - until January 1, 2010 then issue title to the apartment can only be for money. Today in St. Petersburg privatized about 75% of residential property.

The rest of the citizens of privatization holds any prospect of walking mnogonedelnogo the chain of command, or the fear of increasing the cost of the apartment.

The issue of privatization of the most important thing for St. Petersburg, living in the city center. This is especially significant in light of the beginning of the process of settlement of old houses and building in their place of commercial buildings. "In the most favorable situation are those who managed to arrange accommodation in the property, because the state is obliged to compensate the market value of residential areas or provide other apartment, but the appropriate level. If the house property in the city, its residents can move in absolutely any apartment, most importantly - an equivalent of the meter ", - says CEO of real estate," Benoit "Dmitry Schegelsky.

With the privatization of housing in the heart may be some problems. For example, if the house belongs to the monuments of architecture. Then have to go to the Committee on State Control, Use and Protection of Historical and Cultural Organization (KGIOP) and ordered a comprehensive examination of the object. It should be held during the week, but in practice the terms are often delayed. The examination fee, the cost depends on the amount 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 in the Kuga make the decision whether to trust the citizen as valuable real estate. If privatization still allowed, you must sign in KGIOP Guard obligation.

When there is no agreement in the family

Although the mechanism for 16 years, housing privatization has been sufficiently debugged, quite often there are situations in which without the help of lawyers do 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 can only privatize its share.

A big problem during any real estate transactions (including - privatization) may be an unauthorized re-planning. If a technical plan does not coincide with the real situation in the apartment, to get permission for the privatization did not succeed. In this case, alterations must be registered and only then to privatize the apartment. If the illegal conversion of housing still show up, it would have to agree. After agreeing to go back to zhilkontoru, take a flat response (form 7), and call home the master of PIBA.

If you fail

In judicial practice not uncommon for wrongful refusal of the privatization of enterprises, which are on the balance of housing stock. Meanwhile, the Law "On privatization of housing stock in the Russian Federation" gives an exhaustive list of grounds on which residential premises are not subject to privatization. This accommodation, which are in disrepair, rooms in the dormitories, in houses closed military bases, as well as office accommodation.

Sometimes a person applies for the privatization and the necessary documents, he died before the registration of rights under a contract transferring ownership of dwellings. This agreement is between the public authorities (or local authorities), and now a citizen of receiving the right to housing. In this case, to prove ownership of the heirs living space is a problem.

I do not want to be the owner

Housing Code allows deprivatizirovat housing, that is, to translate it from private property back to the municipality or the state. In the de-privatization are primarily interested retirees who fear the high amounts of property tax in the future, and the military, privatized once the room, and now have had the opportunity to purchase apartments housing certificates. The question of de-privatization apartments can be solved in two ways. First, on a voluntary basis - at the request of the apartment owner (in this case, he and all persons who refused to privatization in its favor, lose the right to privatize any housing in the future). Or, secondly, in the courts - when filing a claim for recognition of the transaction to privatize housing void on the grounds provided by the Civil Code. Range of persons who may bring an action depends on the basis on which the claim will be filed. This trial is very complex, and, as a rule, no qualified lawyers to solve a problem that is almost impossible.

HELP

What documents are needed for the privatization of

- Passports of all family members registered in the apartment;
- Characteristics of the dwelling (certificate on Form 7 with the reference "for PIB"), issued in the passport office;
- Certificate of registration of citizens in the community (Form 9, with an indication of "privatization");
- A copy of the order (if moved in the apartment until 2005) or social rental agreement (if moved in later);
- If a citizen is registered in the apartment after January 1, 1992, archival needs a certificate of registration by place of residence (Form 9) to all places of the previous registrations. These documents need to take any family member who is involved in privatization;
- A certificate of non-participation in the privatization of formerly (taken in the regional agencies to privatize those places, where the citizen was registered);
- If after receiving the order changed last name, need a photocopy of the certificate issued by this;
- If after receiving a warrant in an apartment were registered parents, children or grandchildren, you must submit copies of all birth certificates for children or marriage;
- If, after receipt of order one was withdrawn from registration in connection with death, you will need a photocopy of a death certificate;
- If instead of once a warrant has been issued "Order of the chief of staff", it is necessary to conclude an agreement in zhilkontore social rent, but before submitting the documents for privatization - to terminate it;
- Technical data sheet flat;
- Power of Attorney for the registration of the contract for privatization. It is necessary for the Federal Registration Service of St. Petersburg and the Leningrad region, where the representative of the privatization agency will carry on your behalf, the collected documents. Some notaries prescribe certain powers of attorney for each family member. In fact, all future owners can list in one form, saving money and not violating the law.

Курорт Поляна

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