Residential privatization agreement. Agreement for the transfer of ownership of the apartment. Procedure for the transfer of housing Agreement on the transfer of residential premises into the ownership of citizens through privatization

AGREEMENT No.______

TRANSFER OF PROPERTY INTO OWNERSHIP

G. __________________ “___” ____________ 20__

Hereinafter referred to as

“Transferring Party”, represented by __________________________________________________________, acting(s)

(position, full name)

on the basis of__________________________________________ on the one hand, and

Hereinafter referred to as

(Name of the legal entity)

“Receiving party”, represented by ___________________________________________________ acting(s)

(position, full name)

on the basis of_______________________________________________ on the other side (hereinafter referred to as the parties),

(document confirming authority)

have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The transferring party transfers the property of the Receiving Party free of charge, and the Receiving Party accepts into its property__________________________________________________________________________________________

(name of real estate, inventory number, area in

m sq. etc. (address of the Object)

1.2. The Transferring Party transfers to the Receiving Party the Object free from any rights of third parties.

1.3. At the time of concluding this agreement, the specified Object belongs to the Transferring Party by right __________________________________________________________________________________________________________

(economic management, operational management)

and is owned by ______________________________________________________________________________,

(name of owner)

which is confirmed by __________________________________________________________________________________________

(indicate the type, date of issue, number and other information of the title document).

1.4. The gratuitous transfer of the Object is carried out in accordance with _____________________________________________________________________________________________________

(grounds for gratuitous transfer of an object)

for the implementation of a business plan for an investment project ________________________________________________________________,

(name of investment project)

with the following conditions of free transfer: _______________________________________________________.

(conditions for free transfer)

1.5. Registration of rights to a land plot for servicing the Facility is carried out in accordance with the legislation of the Russian Federation.

1.6. The estimated cost of the Object is ________________________________________________________________ rubles,

(amount in numbers and words)

which is confirmed by ___________________________________________________________________________________.

(name and details of the document, name of the organization that issued the document)

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The transferring party is obliged:

2.1.1. draw up and submit for signing by the Receiving Party an act of acceptance and transfer of the Object;

3.1.2. Provide the Receiving Party with the documents it has related to the Object.

2.2. The receiving party undertakes:

2.2.1. Accept the Object in accordance with the transfer and acceptance certificate. The risk of accidental death and accidental damage to the Object passes to the Receiving Party from the moment the parties sign the acceptance certificate;

2.2.2. Ensure state registration of this agreement and the rights based on it in accordance with the legislation of the Russian Federation no later than _______ working days from the date of acceptance of the facility into operation.

2.2.3. Until the terms of the gratuitous transfer are met, the Receiving Party does not have the right to carry out transactions with the Object that entail the transfer of rights (providing for the possibility of transfer of rights) to other persons.

2.2.4. Use this Object in accordance with this agreement.

3. TRANSFER OF RIGHTS TO THE OBJECT

3.1. The Receiving Party's ownership of the Object acquired under this agreement arises from the moment of state registration of the transfer of ownership of this

Object in ________________________________________________________________________________________

(name of the territorial organization for state registration of real estate)

3.2. Until the state registration of the transfer of ownership of the Object, the Receiving Party has the right to own and use the Object.

4. TRANSFER OF AN OBJECT

4.1. The transfer by the Transferring Party of the Object specified in subclause 1.1 of clause 1 of this agreement and its acceptance by the Receiving Party are carried out on the basis of an acceptance certificate signed by the parties to the agreement.

5. LIABILITY UNDER THE CONTRACT

5.1. In case of failure to comply with the conditions for the gratuitous transfer of the Object specified in subclause 1.4 of clause 1 and subclause 2.2.3 of clause 2 of this agreement, the Receiving Party is liable in the form of payment in ___________________________________

(regional or district)

budget of an amount equal to the estimated cost of the transferred object ___________________ 20, increased taking into account the producer price index for industrial products for production and technical purposes.

5.2. If, within three months from the date of bringing to administrative responsibility provided for by law for non-use of property in accordance with this agreement, the Receiving Party does not use the transferred Object, previously owned by __________________________________________________________________________________________________________, in accordance with this agreement,

this property is subject to return to ownership _______________________________________________________________________________________________________

(name of administrative-territorial unit)

at the request of the transferring party without compensation for the cost of the inseparable improvements made.

6. TERM OF THE AGREEMENT

6.1. The validity period of the contract is set from “___”___________20__.

until the full implementation of the business plan of the investment project _________ ________________________________________________________________ (name of the business plan of the investment project)

and full fulfillment by the parties of their obligations under this agreement.

7. FINAL PROVISIONS

7.1. This agreement comes into force from the date of its state registration, with the exception of subclause 2.2.2 of clause 2 and this paragraph, which come into force from the date of signing of this agreement. The costs of state registration of this agreement and the transfer of ownership rights to the Object under this agreement are borne by the Receiving Party. The right to submit an application for state registration of the agreement and the rights based on it is granted to the Receiving Party.

Agreement transfers apartments V own - This main documenton the basis of which the right to purchase housing is exercisedcitizens of the Russian Federation in the order of privatization. This agreement is not suitable for a purchase and sale transaction.

Read also:

Privatization of an apartment (about renewal, documents, methods of privatization, advantages and disadvantages)

Download a sample agreement for the transfer of ownership of an apartment"

AGREEMENT No. ______

transfer of ownership of the apartment

G._______________

"_____"_________________ 20__

The administration of the municipal district "______________" on behalf of and on behalf of which acts ______________________ on the basis of a power of attorney issued by the administration of the municipal district “____________” dated ______________. No.______, hereinafter referred to as "Administration" on the one hand, and "Citizen"

_________________ _______________________ (full name, date of birth, passport details, address of registration)

_________________________________________________________________________________

______________________________ _____________________________________, acting as a legal representative on behalf of a minor child (in case of transfer of ownership of an apartment to a minor)__________________________________________________________________________

___________________ (full name, date of birth, passport details, address of registration) on the other hand, on the basis of the Federal Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991. No. 1541 have entered into this Agreement as follows:"Administration" passed it on, and "Citizen" I bought apartment, total area ______ sq.m., including living area ______ sq.m. located at ______________________________________________________________, with a cadastral value of ___________ thousand rubles in ownership.

AGREEMENT CONDITIONS:

1. A citizen’s right of ownership to an apartment arises from the moment of state registration of their rights in the unified state register of rights in ________________ Federal Service for State Registration, Cadastre and Cartography according to ____________________________

____________________________________________________________________________.

2. The owner of the apartment assumes the responsibility for paying real estate taxes.

3. The apartment owner, at his own expense, carries out the maintenance and repair of the apartment, and acquires the obligation to participate in the costs associated with the maintenance and repair of general building engineering equipment, common areas and the maintenance of the local area, in proportion to the total area of the apartment belonging to him

4. The use of a privatized apartment is carried out by the owner in accordance with the Rules for the use of residential premises, maintenance of a residential building and local area, which are determined by the Government of the Russian Federation and are valid on the territory of the Russian Federation.

5. The owner of the apartment exercises his right of ownership of real estate in accordance with the Legislation of the Russian Federation.

6. The exercise of ownership of an apartment should not violate the rights and interests of other persons.

7. In the event of the death of the owner of the residential premises, all rights and obligations under this agreement pass to his heirs on a general basis.

8. Challenging the terms and conditions of this Agreement itself, as well as its termination, is possible only in court.

9. This Agreement is subject to technical registration in _______________________________________________________________ “Bureau of Technical Inventory” (KP “BTI”).

10 This Agreement is drawn up in ______ copies, of which _____ are issued to the owner of the apartment, one to the Department for the 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 handed over 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 become familiar with the rules for the use of residential premises, maintenance of a residential building and local area and undertake to comply with them:

_______________________________ ___________________________________

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Citizens, through various transactions, can become owners of living space. You can obtain housing ownership free of charge by participating in the privatization procedure. The main stage in the transfer of ownership of a municipal apartment is the conclusion of a privatization agreement. When such a document is available, it confirms the fact of the transaction and the existence of rights of the new owners to the home. Such a document has a two-way execution procedure, so it must be signed by both the transmitting and receiving parties.

In this article

Features of compilation

Privatization refers to the transfer of real estate from state ownership to individual ownership. These rules are regulated by current regulations.

To conclude a privatization agreement, you will need to follow a certain algorithm of actions. You can highlight the main activities that need to be performed:

We should also not forget that the apartment itself or other real estate that they want to privatize must fully comply with all the standards according to which such a procession will be allowed. To do this, the object must comply with a certain legislative status.

How to register

The entire event, when an apartment privatization agreement is concluded, is regulated by legal norms.

As a rule, such a procedure is carried out by institutions specializing in the issue of transferring a specific housing stock into private ownership. They can be related to the administration, and also act as private organizations. An agreement on the privatization of an apartment must be drawn up in writing and always in the presence of a notary. You will need to collect certain documentation and only then go to the company for registration.

This will include:
application filled out according to the form. It is issued by local government employees;
documents confirming the identity of each person involved in the transaction;
cadastral and technical passport of housing;
document serving as the basis for residence;
copy of tax registration;
a certificate of the number of registered persons or an extract from the house register;
statement about the absence of debts for utilities;

certificates stating that none of the participants have previously participated in free privatization.

You will also need to provide a power of attorney from each family member if only one person will handle the registration.

What the legislator says The issue regarding privatization is regulated by a legal act - Federal Law No. 178 and 218 of December 21, 2001.

The last document contains the conditions for state registration and transfer of ownership rights. This is necessary for the legal conclusion of real estate transactions. It is he who regulates all possible actions for the implementation of the privatization plan, the features and nuances of the procedure.

Privatization

A residential privatization agreement is a mandatory document when transferring property into the ownership of a private person. The document confirms a person’s right to a specific area.

The document is considered a bilateral document, which is concluded between the tenant and the party transferring the property.

If you receive an apartment under a social tenancy agreement, you must draw up an appropriate document when transferring ownership of the property.

It must contain all the terms of the transaction, the rights and obligations of the parties, and stipulate and characterize the premises as a whole. Also here the stamp, date and signatures of all persons involved in the transaction are affixed.

For other premises

If there is a residential premises, in addition to the privatization agreement, it is necessary to have an agreement with the BTI. This will allow you to quickly legitimize the transaction and identify legality.

The type of premises is specified in the contract. If this is a private house, then its location and what land it is on are specified.

Additionally, the quadrature of the land plot and the presence of land surveying are described.

For a private home

If this is a private house, then the privatization agreement is drawn up only after agreement with the BTI and receipt of a certificate of compliance from the Ministry of Emergency Situations. This will minimize the risks of the owner himself.

The agreement is drawn up in several copies. It stipulates:
square;
estimated cost;
territorial location of the object;

the plot of land where it is located.

For land plot

It seems possible to privatize a plot of land only if an already privatized building is located on this land.
The agreement is drawn up in several copies. It stipulates:
In such a situation, the agreement must be drawn up in several versions, and it must indicate the following information:

carrying out land surveying;

owner type.

Required papers To register an object as personal property, you will need the following papers:

In 2018, the procedure takes at least a month.

Current legislation stipulates a period of 2 months, although in many regions of the country this period is reduced several times.

The event of preparing documents for privatization is not a costly action. All services are provided free of charge. You will only need to spend money on obtaining title documents for real estate in the form of a registration certificate and a certificate of ownership.

If the document is lost, you will have to contact the company again to get a duplicate.

concluded with citizens on the basis of an application submitted by them. More details about the transfer procedure and the specifics of drawing up such an agreement will be discussed in this article.

Privatization of housing

Citizens should remember that they can exercise their right to free privatization until March 2017.

What housing can be privatized

Voluntary privatization is formalized:

in occupied residential premises of the state fund,
at the place of reservation of living space.

Which residential premises are not subject to transfer into the ownership of citizens?

State bodies do not have the right to transfer into ownership of applicants:

housing recognized as unsafe;
residential premises in dormitories;
apartments located in houses of closed military camps;
service residential areas (except for apartments classified as part of the housing stock of a state farm or other agricultural enterprise).

Who has the right to privatize residential premises?

Privatization involves the transfer of housing into common ownership or the ownership of one person.

The transfer of living space in favor of a citizen occurs after obtaining the consent of citizens over the age of 14 who have the right to privatize this premises.

If the premises are transferred into the ownership of a person between the ages of 14 and 18, then privatization occurs on the basis of an application from the parents or adoptive parents of the minor.

Also, a citizen under the age of 18 will need to obtain permission from parents or adoptive parents to purchase property.

Sample application for privatization of an apartment

A standard contract form can now be found on many Internet resources. In addition, housing authorities and municipal authorities, if necessary, can provide citizens with samples of such agreements. Blank forms can also be downloaded from the official portals of regional housing structures.

Don't know your rights?

In a standard application, a citizen indicates the following information:

Full name of the applicant;
birth information, address details, citizenship and passport details of the applicant;
the essence of the request;
Full name of the future owner or owners of the apartment;
characteristics of the residential premises, which includes the size of the apartment, the number of rooms and the address of the house;
information about the consent of persons registered, living or retaining the right to use residential premises subject to privatization.

Documents for drawing up an agreement for the transfer of ownership of an apartment

In addition to the application, the citizen will be required to submit the following documents to the authorized bodies:

Passports of the applicant, all members of his family and other persons registered in the apartment.
Birth certificate (for persons under 14 years of age).
Power of attorney of the representative of the person who has the right to privatize the living space.
A copy of the current court decision declaring one of the named persons incompetent, as well as the consent of the guardianship authorities to transfer ownership of the residential premises. Permission is required if incapacitated citizens or children without guardians, as well as children placed under supervision, live in the premises.
Documents of title to the apartment, for example, a social tenancy agreement or a warrant for residential premises.
Documents on citizenship of persons under 14 years of age. There is no need to confirm the citizenship of a child if his parents are citizens of the Russian Federation and are registered in the privatized apartment.
Extract from the house register.
A document confirming the unused right to privatization.

How to draw up a contract for the transfer of ownership of an apartment

Consideration of the application and decision on the issue of privatization is carried out within 2 months.

The 2-month period is calculated from the moment the application for privatization and additional documents are submitted.

Agreement for the transfer of ownership of an apartment must be registered with housing authorities or multifunctional centers that provide public services to citizens.

Moscow residents apply for privatization to the Department of Housing Policy and Housing Fund.

Registration of ownership rights to residential space

The agreement is drawn up in writing. The legislator does not require the parties to notarize or state register the agreement.

It will be necessary to register only the right of the new owner to the privatized residential premises with the Rosreestr authorities.

The citizen who has entered into a privatization agreement will acquire ownership of the premises only after his rights to the privatized real estate have been registered. For the registration service, citizens will need to pay a state fee of 2,000 rubles.

As a result, we note that citizens enter into a free privatization agreement with government agencies until March 2015. The transfer of an apartment into the ownership of citizens is considered completed after the state registration of rights to the apartment is completed.

Agreement for the transfer of residential premises into the ownership of citizens (privatization)

Privatization is an opportunity to become the full owner of your home - to dispose of it at your own discretion, sell, donate, bequeath, lease. Privatization of housing is the free transfer into the ownership of citizens on a voluntary basis of residential premises occupied by them in the state and municipal housing stock. Privatization of housing is regulated by the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation.”

The transfer of residential premises into the ownership of citizens is formalized by a transfer agreement concluded by state authorities or local self-government bodies of settlements, an enterprise, an institution with a citizen receiving ownership of the residential premises in the manner prescribed by law. In this case, notarization of the transfer agreement is not required and no state fee is charged.

Every citizen has the right to acquire ownership free of charge, through privatization, of residential premises in the state and municipal housing stock for social use once. Minors who have become the owners of occupied residential premises in the manner of its privatization retain the right to a one-time free privatization of residential premises in houses of the state and municipal housing stock after they reach the age of majority.

The legislation of the Russian Federation provides for the end date of privatization - March 1, 2015.

However, please note that the agreement for the transfer of apartments into the ownership of citizens is considered concluded from the moment it is signed by the parties, and is not subject to state registration. Only the transfer of ownership to citizens privatizing residential premises is subject to mandatory state registration. Consequently, an application for state registration of the transfer of rights on the basis of a privatization agreement can be applied to the body that carries out state registration of rights to real estate and transactions with it at any time, including after March 1, 2015. Just keep in mind that until the state registration of the transfer of rights, you cannot dispose of the apartment at your own discretion.

Thus, in order to carry out state registration of ownership of residential premises under an agreement on the transfer of ownership, you can submit an application for state registration of the right and other documents necessary for state registration at any time convenient for you to the body carrying out state registration, at location of the real estate.

An approximate list of documents submitted by citizens for state registration of rights to residential premises on the basis of contracts for the transfer of residential premises into the ownership of citizens.

In accordance with Federal Law No. 16-FZ of February 25, 2013, free privatization of residential premises is carried out until March 1, 2015.

ATTENTION! State registration of property rights of citizens is carried out only after state registration of the real rights of the assignor

◾application for state registration of transfer of rights;

◾a document proving the identity of the applicant;

◾notarized power of attorney (if the applicant is an authorized representative);

◾payment document confirming payment of the state duty for state registration;

◾a contract for the transfer of residential premises into the ownership of citizens;

◾extract from the house register;

◾social tenancy order or contract;

◾a copy of the application for refusal of privatization, if not all persons registered in the residential premises acquire ownership of this residential premises under the contract;

◾other documents necessary for state registration.