Certificate of privatization of an apartment

Privatization of real estate allows you to freely dispose of your apartment. For example, sell it, leave it as an inheritance, or rent it out. In this article, we will consider in detail the procedure for obtaining a certificate of privatization of an apartment.

Who has the right to privatize an apartment?

Since 1992, Ukrainians have had the opportunity to privatize real estate that belonged to the state housing stock. However, not everyone has used this opportunity.

The procedure for privatization of a real estate object involves transferring an apartment from state ownership to private ownership. Successful completion of this procedure is obtaining the right to dispose of the apartment at your own discretion. This allows for exchange, donation, and inheritance.

The tenant and members of his family have the primary right to privatization if they have a warrant and the fact of living in the living space.

According to the Law of Ukraine “On Privatization of the State Housing Fund”, privatization is not carried out for the following objects:

1. Official residences.
2. Museum apartments.
3. Real estate objects, the condition of which can be described as emergency.
4. Rooms located on the territory of enterprises, reserves, military settlements, national parks, in dormitories, etc.

Important: the provisions of the Law of Ukraine “On Privatization of the State Housing Fund” do not take into account the realities of martial law. The latest amendments to this Law were made in 2018. That is why there are no provisions regarding housing located, for example, on the territory of front-line communities.

What documents do you need to provide for the privatization of an apartment?

Let's start with the fact that the privatization of an apartment involves the following stages:

• Consultation with a specialist on whether you have the right to privatize an apartment based on the submission of a warrant.
• Preparation of a package of documents for submission to the relevant authority.
• Obtaining a Certificate, which will confirm the ownership of the real estate object.

Let's consider each of the above stages in more detail. Before starting the privatization procedure, it is better to seek legal support from a specialist who deals with real estate issues. The real estate lawyers of our company "Prikhodko and Partners" will advise you on any issues related to the privatization of municipal or state fund objects.

In addition to the application for privatization, the following documents must be submitted:

• Documents identifying the applicant and all family members of the applicant, provided that they live together.
• Certificate confirming the registration of the person in a communal apartment, dormitory, etc.
• Technical passport for the property.
• Copy of the warrant for the apartment.

A document must also be attached to the application, which will serve as confirmation of the absence of use of housing checks for privatization by the applicant. If the tenant's family members are temporarily absent, they must submit applications confirming their consent to privatization.

Confirmation of the successful completion of all stages of privatization will be the receipt of a Certificate.

According to current legislation, housing can be privatized free of charge in cases where up to 21 m2 is allocated for each resident. Additionally, 10 m2 per family. If the area of ​​​​the property exceeds the specified, an additional payment will be required for additional square meters.

The duration of consideration of the application is one calendar month. If the authority responsible for privatization makes a positive decision, the former tenant can dispose of the apartment as a full owner.

Privatization may be denied in cases where a citizen applying for privatization of real estate:

1. Did not provide all the necessary documents or did not draw them up properly.
2. Used knowingly falsified data.
3. Did not receive the consent of family members to carry out privatization.
4. Used the housing voucher in full.
5. Did not fulfill the conditions of Article 68 of the Housing Code of Ukraine.

Privatization: what to consider?

Quite often, citizens who wish to privatize an apartment receive a refusal from local government bodies. The only solution in this situation may be to go to court to protect their rights as the owner of the property.

Real estate lawyers "Prіkhodko & Partners" will help prepare all the necessary documents and applications to the court or state authorities.

Summing up, we note that the privatization of housing is an important procedure for all citizens who intend to become owners of a property. As a result, you will receive not only ownership rights, but also complete legal freedom in the disposal of property.

It is necessary to take into account that the privatization process is characterized by certain requirements and legal nuances. To avoid difficulties, we recommend that you contact real estate lawyers and strictly adhere to all applicable legislative norms.

Do you have any other questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a real estate lawyer's services, fill out the form below.