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Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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Privatization of an apartment

Perepelchenko Anatolii
Заступник керуючого партнера

Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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Privatization of an apartment in Urkraine

When answering the question of how to privatize an apartment, you first need to clarify the term “privatization of an apartment”. Following the norms of the law, privatization is an opportunity that is given to an individual by the state in order to dispose of property.

The legislative norms clearly state that all family members have the opportunity to privatize up to 21 m2 of the total area of ​​the apartment. You can also additionally privatize 10 m2 for the whole family.

For example, consider a family of three. Thus, following the legislation, 73 m2 can be privatized free of charge. If the total area of ​​the apartment exceeds the minimum allowed area, you will need to pay extra for the remaining square meters.

There are also exceptions, let’s consider them in more detail.

There are possible variations in obtaining square meters on an unpaid basis:

  • getting a one-room apartment;
  • non-receipt of material remuneration for eviction from the immovable property;
  • if you have suffered from the Chernobyl accident;
  • if this apartment is inhabited by invalids of I and II groups / veterans of the Great Patriotic War;
  • if someone from your family members died due to the performance of official duties;
  • in case of residence of a large family.

If the real estate object is a service / communal apartment or dorm room, you have the right to receive such an object.

In this article, we have outlined the main provisions of the privatization of an apartment, if you need help, you can safely contact us.

How to privatize an apartment if the order is lost.

First, let’s look at the question of what an order is. This is a document that gives you the right to live in an apartment that belongs to the state. It is highly discouraged to lose this document, since the return of rights to such property is subject to court.

If it so happens that you have already lost the order for real estate, you need to collect a package of documents to restore the right to the apartment. You need the following documents:

  • a document confirming the fact of settling in the provided apartment;
  • a certified copy of the decision of the local government to issue a warrant for an apartment;
  • a document from the housing office that serves the apartment building;
  • in the case of providing an apartment at the location of work – a document from work is required, confirming the fact of residence;
  • entries in the house book;
  • availability of receipts for payment of utilities on your behalf;
  • technical documentation for the apartment;
  • a document on the composition of the family.

Stages of privatization of a service apartment.

According to the legislation, an object of immovable property, which is classified as a service one, is not subject to privatization. However, by excluding such property from the number of official property, it is possible to carry out privatization.

Consider the possible options for the privatization of an apartment:

  • there is no longer a need to use this real estate object as a service one;
  • regarding the provisions of the law, this apartment is excluded from the number of service apartments.

There is only one answer to the question of how, after all, to privatize a service apartment, is to obtain the consent of the organization that provided this housing for temporary residence to remove such an object of non-residential property from the status of a service apartment. The following actions are required:

  • primary submission of an application to the organization that provided such an apartment for temporary use. In the future, the transfer of such an application to the local government body for exclusion from the number of official;
  • in case of a refusal, an appeal to the court is required.
  • after the withdrawal of such a real estate object, further privatization is possible.

When filing a claim with the court, pay attention to the indicated grounds for removing the apartment from the office. Since in 50% of cases, a refusal is possible.

Consider the stages of privatizing a dorm room

There are cases when your family members have the right to privatize an apartment:

  • when you do not have your own home;
  • you did not use your right to privatize an apartment from the state fund;
  • long-term accommodation in a hostel.

It is also worth noting that you are not eligible for privatization if you settled in a hostel only for the duration of your studies, advanced training.In order to privatize a dorm room, you need to provide the following package of documents:

  • dentification code of the applicant;
  • a medical certificate stating that you are not sick with tuberculosis;
  • a document confirming that neither you nor your relatives have housing on the territory of Ukraine.

It will also be necessary to provide also the originals of the documents.

Calculate the cost of services

1 question

Do you have the original warrant for the apartment?

Yes
No

2 question

Is the property located in Kyiv?

Yes
No

3 question

Is the property located in Kyiv oblast?

Yes
No
20%
discount
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