Is it possible to privatize an apartment with debts on utility bills?

In Russia, an important role for the population is played by a process called privatization. This procedure helps to get the property rented from the state in the property. They prepare for it in advance, so as not to encounter a number of problems. Only sometimes the need for privatization arises sharply. In such situations, you have to think about a lot of questions. For example, can I privatize an apartment with debts. Say, on utility bills. This is a very common phenomenon. What can be said on this issue? How much housing will be legal? And can they refuse to be privatized?

Privatization is ...

To begin with, it is important to understand what process is involved. Privatization is the way of registration of municipal housing in private ownership. To take advantage of the right of such receipt of property can each registered in an apartment leased under a contract of social hiring. But you can do it only once for free.

Accordingly, after privatization, the citizen receives property in the form of housing in private ownership. But is it possible to privatize an apartment with debts? How feasible is this task?

Laws

In order to accurately answer the questions posed, it is necessary to turn to the legislation of the country. For each important procedure in Russia there is a separate law. And privatization is by no means an exception.

Is it possible to privatize an apartment with debts on utility bills? The law "On the privatization of housing stock" does not have any regulations on this matter. This means that at the legislative level there are no obstacles to the process.

All that is important to remember is that a citizen has the right to privatize an apartment for free only once. Then the process will be paid. The free right to registration of housing in the property is maintained when a person participated in privatization and received a share of property up to 18 years. Under similar circumstances, it is possible to use free privatization after adulthood one more time.

Debts and opportunities

So is it possible to privatize an apartment with a debt on a communal apartment? Proceeding from all the above, there are no restrictions or prohibitions on this matter. This means that the city administration has no right to refuse in the process.

Accordingly, at any time, registered in the apartment people are able to do paperwork. Debts on municipal payments in Russia by law should not prevent privatization of housing.

The real picture

Nevertheless, in practice everything turns out differently. That is why many citizens are wondering whether it is possible to privatize an apartment with municipal debts. After all, as has already been said, there are no legislative prohibitions and restrictions in Russia on the task set.

In practice, it turns out that the debts of a communal apartment are a huge obstacle for privatization. The thing is that the list of mandatory documents includes certificates on forms 7 and 9. They are issued in the Criminal Code, housing offices and passport offices. The existence of arrears in rent and other payments often leads to the fact that a citizen is simply refused to issue such documentation before paying off the debt.

Such actions can be considered illegal. After all, the legislation, as was said, does not prohibit debtors from privatizing housing. However, the situation is considered ambiguous. Therefore, it is important to understand how to exercise their legitimate rights in the presence of arrears.

About privatization step by step

In fact, there is nothing difficult in this. Especially if you know the step-by-step instructions on the privatization of real estate. The presence of debt can complicate the process, but in general the algorithm remains the same.

In order to convert municipal housing into private housing, it is necessary:

1. Identify with who will privatize housing. Far not always registered in the apartment agree to the process. Refusers must receive a written refusal.
2. Contact BTI for further information.
3. Go to the body to which the property belongs. There must produce the missing documents.
4. Collect a full list of securities for privatization and apply to one or another instance for privatization. Usually it is about the city administration.
5. To pay the state fee for the procedure.
6. Wait for a response from the city administration. If the decision is positive, you can apply to Rosreestr for registration of certificates of ownership.

If necessary, you can draw up a power of attorney for one person who will deal with the whole procedure of privatization. Often, citizens turn to specialized agencies that help with the preparation of documents. There is nothing difficult or special in this.

List of documents

Is it possible to privatize an apartment with debts on utility bills? Yes, this has already been said. In practice, it is not so simple, but in reality the existence of arrears does not take away from citizens the rights to convert real estate into private property.

As it was emphasized, some problems may arise when collecting documents. Which package of securities is useful? For citizenship, citizens must submit the following documents:

• Passport of persons registered in the apartment;
• Denials / consent of tenants to privatization;
• Power of attorney (if any);
• Technical passport of the real estate;
• Cadastral passport;
• A certificate stating that previously persons did not participate in privatization;
• The contract of social renting an apartment;
• Warrant for real estate;
• An extract from BTI;
• Certificate on the status of the personal account of the apartment;
• Certificates of marriage / divorce / birth of children (if any);
• An extract from the house book.

In fact, not such a big list. Most of the documents can be obtained either at the BTI, or at the passport desk, or at Rosreestr. It is desirable to submit both the originals thereof and their copies.

Failure to privatize

In practice, as already mentioned, tenants often face the fact that the arrears in municipal payments result in denials of the implementation of the process. What to do under similar circumstances?

It is after this, many are wondering whether it is possible to privatize an apartment with debts. Due to the legislative absence of the prohibition, some overlays appear.

It has already been said that privatization with arrears takes place. If citizens are denied it, there are several ways to act:

1. The first situation is a small debt. In such circumstances, it is usually easier to say goodbye to the debt. Once all accounts are paid, privatization can be continued.
2. The second scenario is a large debt. For example, with which you can pay off by selling a single home. And for this it is usually necessary to privatize it. In this case, no one has to demand a certificate of absence of debts for public services. And you will not be able to take away the right to privatization either. It turns out a peculiar closed circle of problems, which will be resolved only in court.

It follows that the refusal to privatize due to the existence of unpaid utility bills is a matter of jurisdiction. Every citizen is able to appeal against the decision in accordance with the established procedure.

On the appeal to the court

From now on it is clear whether it is possible to privatize an apartment with large debts. By law in Russia, such a right holds. If a citizen is denied its implementation, you can apply to the court. Which one?

World courts are dealing with issues related to privatization. The trial takes about 14 days. To appeal to the court, a written refusal to privatize will be required.

Nevertheless, the debt will still have to be paid off sooner or later. After all, the city administration has every right to file a counterclaim on recovery of the full amount of debt.

About sale

Is it possible to sell a privatized apartment with a debt? This question is also of interest to the population. In particular, the sellers.

Based on the established legislation of the Russian Federation, such a right exists. With a non-privatized dwelling, bargains are prohibited. But with private property, a citizen can do what he wants.

Debt is not a restriction on the sale. But in practice, buyers require that before the conclusion of the transaction the debt is extinguished. You can agree on repayment after signing the contract. Otherwise, the new owners will have to pay debts. And nobody needs this.

conclusions

Can I privatize an apartment with debts? Yes, it can be done, but with certain difficulties. In Russia, in practice, such cases are not very common.

Operate for problems can be the Federal Law "On Privatization". There are no acts or indications in it that debt is a valid reason for terminating the right to privatization. And what is not forbidden is considered a priori a priori.