The beginning of the process of housing privatization throughout Ukraine falls on the year 1993. This procedure involved strategic reform. Thus, real estate that was considered state property passed to private individuals. It was on them that the efficiency of using each of the purchased objects depended. The procedure of privatization has also affected the housing stock. However, quite a lot of people for certain reasons did not complete the process of housing privatization.
Law of Ukraine On privatization of the state housing fund states that under privatization, it is customary to consider the process of alienation of all residential buildings (and various economic extensions) that pass into the ownership of citizens of Ukraine.
Thus, all persons who have a warrant for this property can privatize this property.
Privatization is necessary if you want to freely dispose of real estate. The owner will be able to sell their home, change, give, redevelop, pass on inheritance. If there is no privatization, after the death of the employer, the housing is transferred to the state.
Apartment privatization: current restrictions, and regulations
As real estate that is subject to privatization are:
- apartments that are located in apartment buildings, as well as-single-family homes;
- apartments, and parts of the house where no one lives, single-family houses where construction, and repair work has been carried out, reconstruction.
- The following objects are not subject to the privatization process:
- apartments that are used as museums;
- service apartments or separate premises;
- apartments located in houses that are located in closed military settlements;
- apartments with multiple tenants who do not give their consent to privatization;
- separate dorm rooms or apartments that are considered unfit for occupancy.
If we are talking about housing that is located in a house where reconstruction is being carried out, then the privatization procedure is performed upon completion of all work.
There are several possible methods of privatization:
- Sale of excess housing space
- Free transfer of the object to individuals subject to certain rules: 21 sq.m for each person, and an additional 10 sq.m for a family.
Privatization is carried out even in cases where there is an excess of norms. However in this situation this free procedure becomes possible under certain conditions:
- if we are talking about a one-room apartment;
- those who live in this housing have certain benefits;
- the house was issued to residents whose home was demolished or destroyed but the funds were not issued;
- if a large family wants to privatize their home.
The stages of privatization, and the necessary documents
When performing the privatization of a residential facility, it is recommended to seek help from the housing Department. During this procedure, all family members who will live with you must be in the office.
The next step is to contact the center for providing administrative services, where you need to include such documents:
- Passports of all family members who will live in the apartment. For children under 16 years of age, you will need to provide a birth certificate.
- Copies of the IPN of all family members.
- Copy of the order.
- Application for the privatization of real estate, certified by the chief of housing, and Communal services.
- Statement that you have an unused right to housing privatization.
- Certificate form #4, which is issued in the housing department.
- Documents that will confirm the availability of benefits (if they are received).
- Technical passport for the object.
- The response of the privatization authority, which confirms the possibility of transferring ownership of an apartment or house.
The future owner will be able to get a certificate of ownership within 30 days after submitting all the documents. In case of refusal, the citizen will receive an appropriate explanation in the form of a letter.
The main difference between privatization is that all persons registered in this apartment must take an active part in this process. To perform privatization for one person, you must get a waiver from all the others. Moreover, such refusal shall be certified by a notary public.
However, there are often situations when one person performs privatization in own name, without asking the opinion of other registered persons. Article 71 of the housing code of Ukraine States: if one or more family members do not live at the specified address for more than 6 months without good reason, then they/they do not have the right to use this housing. If there is a dispute, a court hearing will be required.
First of all, you must remember that the privatization of real estate is a right but not a duty. However, privatization is a serious process that requires care, and accuracy during the registration of documents.
Kasyanenko & Partners Law Company will help you understand the main nuances of privatization, advising the client on all issues.