Agreement on division of personal account between owners. How to divide a personal account in a privatized apartment

Often, homeowners who live together are concerned about the problem: how will they be able to divide their personal accounts?

This process in privatized apartments in the Housing Code of the Russian Federation is defined in the distribution of shares associated with the payment of funds for utilities.

What it is?

Dividing a personal account is a process in which not just one owner of the area will contribute funds for the maintenance of a privatized apartment, but all individuals who own it.

The separation procedure can be called insidious. It seems that it will not be difficult to carry it out. However, this matter has many subtleties, which we will introduce you to in this article.

Grounds

It will be possible to divide a personal account in a privatized apartment upon divorce.

Based on the laws of the Russian Federation, it has been established that liability will also be established for former family members who live with the tenant under a social tenancy agreement.

It is related to the responsibilities specified in the agreement.

They provide for exact deposits of funds for:

public utilities;
property renovation.

Thus, the reasons for splitting the account are:

claim from former family members of the responsible person;
requirement of the tenant himself under a social rental agreement.

The demands put forward may be addressed to other parties who also live in the apartment.

These individuals will be referred to as third party stakeholders.

How to divide a personal account in a privatized apartment?

This process is carried out in 2015 in two ways:

A voluntary agreement is concluded between both parties, the main provisions of which they draw up independently on a contractual basis.
The division is carried out in judicial form, and the owners will have to mandatory execute the court decision.

The necessary conditions

Necessary conditions for the personal account section:

the property must be divided into premises isolated from each other. At a minimum, one room is required;
this room must correspond in size to the share of the individual who is making a claim to split the account. This is due to the fact that, based on current legislation, all residents have the same rights. In this case, it does not matter who is entered in the house register as a tenant and person responsible;
the kitchen in the apartment should not be less than 6 sq.m.

When dividing a personal account, there is a possibility of receiving a refusal if the conditions are not met.

Property may be rejected if:

the entrance to the room is less than 70 cm;
the window from the room overlooks an enclosed courtyard, the size of which is less than 5 m;
the width of the room is less than 2 m;
between the window in the room and the wall of the opposite building the distance is less than 3 m.

If there is no agreement between residents

Peaceful division of a personal account is not possible in all cases. If individual decided to go to court, then first you need to have a share in the property (apartment).

This issue is also being resolved in court. Necessary:

draw up a statement of claim so that ownership is recognized;
pay the state fee.

Its size will depend on several factors, including the value of the share in the property. The grounds for filing a claim cannot be determined. They will depend on many provisions.

The next difficulty may be the disagreement of other residents. Then it becomes necessary to file a lawsuit in order to clarify the procedure:

use of property;
payment of utilities.

In this case, the following must be attached to the statement of claim:

a photocopy of the certificate of ownership of a share in the apartment;
a receipt confirming payment of the state duty, the amount of which is 300 rubles.

After receiving a court decision, the owner can contact the housing office to allocate a share in the payment for services. However, problems may arise here too.

The company is reluctant to do this, so it may have to go through the courts again.

Procedure

So, if one of the owners refuses to resolve the issue voluntarily, then you must follow the following instructions:

First, get the right to a share in this apartment.
Secondly, contact the judge at your place of residence with a request to allocate a share in the apartment. In this case, it is necessary to rely on the Civil Code of the Russian Federation.
Thirdly, contact the ZhES.

Documentation

If there are no more obstacles to the separation, then you need to collect the following documents:

a statement that one of the parties wishes to split the personal account;
passport;
a property plan that will show the square footage of each unit. It can be obtained by contacting the BTI;
certificate from the house register;
a copy of the personal account;
a certificate confirming that the applicant has a source of income.

If no party prevents the division of the personal account, then a statement of consent from the remaining residents must be added to these documents.

Going to court

Applying to the courts is always associated with great hassle and considerable difficulties.

Sample statement of claim

The statement of claim must be sent to the magistrate at the place of residence. In this case, you must use the established application form.

It requires you to indicate:

own data;
grounds for separation;
other necessary information.

Arbitrage practice

For the courts, it does not matter whether both parties agree to split the account. They may refuse to divide the apartment and leave the plaintiff’s demands unsatisfied.

The basis for this may be the plaintiff’s desire to change the social rental agreement by dividing property. These actions are not provided for by the RF Housing Code.

Amendments to the agreement can be made only when persons living in the same living space are united into a family.

It is a mistake to believe that by dividing the account, in the future people will be able to have ownership rights to a certain area in the apartment. This is a fairly common misconception.

The differentiation of utility payments does not have any impact on the status of the apartment, therefore the rights and obligations of the citizens living in it remain unchanged.

Let's look at this specific example. You are the owner of one of the rooms in a communal living space. In this case, when the house is demolished, you should get a separate apartment. It turns out that until demolition it will be beneficial for you to divide the apartment into several shares.

By dividing your personal accounts, you can get the number of rooms corresponding to them.

Dividing a personal account in an apartment is not an easy process that requires both time and effort. Remember that division is possible only between the owners of the living space.

In the video about the division of personal accounts

The procedure for paying for utilities is prescribed in Art. 155 Housing Code of the Russian Federation. It states that the owner must be given documents on the basis of which payment is made.

Owners of shared housing have the right to demand that an agreement be drawn up with each of them to pay for housing and communal services. An agreement can be concluded with several tenants at once. For example, an apartment has 4 owners, three of them have one account, and the fourth has a separate account.

In Art. 154 of the RF Housing Code reflects the structure of payments for apartments and utilities.

Who is eligible

Homeowners have the right to split the utility bill. In a privatized apartment, the division procedure takes place without problems.

It is more difficult for tenants to share utilities. According to the law, family members registered in state housing do not have the right to draw up agreements among themselves. The ban also applies if a citizen leaves the family, but still lives in the same territory with former relatives.

There is a way to divide your personal account for utility bills in a municipal apartment. The former family member has his rights and obligations to the state and can fulfill them independently under an agreement with the owner.

A new contract cannot be drawn up, therefore it is necessary to draw up a special agreement with the landlord, which describes the following points:

procedure for participation in the housing payment procedure;
the amount of rent calculated for a specific citizen;
the amount of payment for housing and communal services;
amount for repairs and maintenance of housing.

Residents who are not the owners of the living space do not have the right to apply to the housing department with a request to divide the personal account.

How to divide your personal account for utility bills

There are 4 situations of dividing the personal rent account into parts:

between co-owners of privatized living space;
management company;
through the court;
in public housing.

You can split the bill peacefully or through court. In the first case, all persons participating in the division draw up an agreement.

It states:

share of each tenant;
procedure for paying utility bills;
amount of payment;
other expenses of citizens.

Residents share utility costs among themselves at their discretion. Each of them confirms their consent by signing the agreement. The document is certified by a notary. Along with the rest of the papers and the application, it is transferred to the housing department to complete the procedure.

If the owners could not independently divide the costs or one of them does not agree to this, then a claim is filed in court to determine the procedure for paying for housing.

Before starting the account division procedure, you should make sure that the procedure is necessary. We must try to resolve the issue peacefully, and only if there is no consent from the residents, file a lawsuit. Rent receipts may be required during the proceedings and must be retained.

Privatized or not

If several people own privatized housing, then it becomes necessary to divide the account in proportion to the area of ownership.

First you need to determine the owners' shares. Then an agreement is drawn up between the owners. The document is certified by a notary. If not all owners agree to this, division is carried out in court.

If the procedure is approved by the owners of the living space, an application for dividing the account is submitted to the housing department (HOA).

It is signed by all owners and the following documents are attached to it:

statements from shareholders;
copies of certificates of right to share;
copies of owners' passports;
apartment plan from BTI.

Based on the package of documents provided, the management company makes a decision on dividing the account or refusing. In the latter case, you can appeal the verdict in court.

Homeowners have the right to contact the housing department with this issue in accordance with Art. 249 and 155 Housing Code of the Russian Federation. They must receive documents to pay for their property and bear the costs in proportion to their share of the area.

When dividing the account, the management company enters into an agreement with each owner for the provision of utility services and opens new personal accounts for shareholders.

If utility services are provided directly by supplier organizations, then you must also contact them to split the payment for them.

When concluding an agreement for the social rental of real estate, residents, along with the tenant, are obliged to pay for utilities in accordance with the terms of the agreement.

Sometimes strangers live in municipal housing, so they need separate accounts to pay for housing and communal services. This is possible in court at the initiative of the lessor.

By decision of the court, the management company enters into separate agreements with the residents of the municipal apartment and divides their rent bills. In accordance with the new edition of the Housing Code of the Russian Federation, family members of the tenant cannot demand that the local administration enter into a separate agreement with them for the rental of housing.

In the case of non-privatized housing, the lease agreement remains the same, and the bills are divided by court decision.

In a court

If the co-owners of the home cannot independently agree on the division of the personal account, then the issue can be resolved through the court. A demand for a procedure and a claim to establish the procedure for using shared property are submitted to the authority.

To go to court you will need:

the claim and its copies for each participant in the process, including the landlord and the housing department;
copies of passports;
paper on payment of duty;
a document confirming that the property is shared;
housing plan from BTI;
on the right about persons registered in the living space;
certificate of debt for housing and communal services or its absence;
a copy of a current personal account;
papers proving that the tenants are not the same family, for example, a divorce certificate.

The share in ownership is confirmed by a certificate issued by Rosreestr.

The court allocates each owner's share of the total area to pay for housing and communal services. The court will split the bill even without the consent of all the owners. At the same time, he is guided by civil and housing legislation: the co-owner of common property is obliged to maintain his share and make the necessary payments for it.

If there are relevant claims, the court establishes the procedure for using the living space. For each owner, a living space or part thereof and conditions for using the total area (toilet, kitchen, bathroom, corridor, etc.) are determined.

A personal utility bill cannot be divided in the following cases:

the living space is for service purposes;
the apartment is privately owned by one citizen;
the apartment has been seized or the rights to it have been limited.

By court decision, contracts for the provision of housing and communal services are drawn up with shareholders and separate personal accounts are opened. Next month they will pay for utilities using their own receipts.

Who pays for what?

When submitting a claim for division of the account, the applicant provides the parameters of the living space and the room in which he lives.

The division of the personal account depends on the number of citizens registered in the apartment. There is no formula for dividing bills, so housing payments are usually divided equally between residents.

To record the volume of utility services consumed, residents install separate meters for water and electricity.

Example. The owners of the apartment are divorced spouses and two minor children: one is a common child, the second is a former spouse’s from her first marriage. Citizens want to split the bill for paying utility bills.

Each of the residents owns 1/4 of the area. Their parents are responsible for minors. A woman is obliged to pay for herself, her child and half for the common offspring, i.e. for 5/8 shares (1/4 + 1/4 + 1/8). The man is responsible for the remaining 3/8 (1/4+1/8).

The woman does not agree with this division of responsibilities and does not want to sign the settlement agreement. In this case, the ex-husband files an application to the court to split the account.

He must provide to the station:

documents on housing ownership;
divorce paper;
children's birth certificates.

The court will understand the situation and make a decision taking into account the arguments of both sides.

So, the law establishes joint liability of family members of the owner or tenant of housing for paying utility bills. Utility debt can be collected from any co-owner, so it is important to know how to divide your personal utility bill so as not to pay the debts of unscrupulous co-owners.

The housing department will not stop supplying water, heat, and light to the apartment if at least one tenant with a separate personal account regularly pays the utility bills.

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; the specified land plot is intended for carrying out vegetable gardening or horticultural activities, as well as personal farming, and the real estate that is located on it is residential or belongs to the category of garages. How to register ownership rights to a dacha in SNT In 2017, unlike the order that existed previously, the registration procedure summer cottage transfer into private property can be carried out in a simplified manner if the above conditions are met. At the same time, it is worth noting the fact that the plot must be assigned to the person applying, and at the same time it must not be previously withdrawn from circulation by authorized state bodies. The simplified procedure, according to which the registration of a summer cottage plot as private property will be carried out, is valid for a limited period of time. In this regard, summer residents must register their rights without delaying the resolution of an urgent issue for a long period of time. Submission of documents for registration can be carried out in person or with the help of authorized representatives who must receive a notarized power of attorney. Current legislation provides for the possibility of filing a collective application for private ownership of several dachas at once, but such a document must contain the signatures of each of the privatization participants. The procedure for registering a territory as private property will look like this: Approval. It is necessary to start registering a dacha plot as private property with the approval of this possibility through the relevant government bodies, since in accordance with the norms specified in Article 252 of the Civil Code, any member of the cooperative has the right to demand the allocation of a plot of land in shared ownership, unless this in no way violates the legal rights and interests of other members of the cooperative. Submitting an application. The decision to issue dacha plots into private ownership is made by territorial administration bodies involved in resolving land relations. Review of documents. The procedure for reviewing submitted documents is carried out over two weeks, after which a final decision is made and the interested person is notified. If a person is denied privatization, he must receive a reasoned refusal in writing. Defining boundaries. If a positive decision is made, an appeal is submitted to the Cadastral Chamber to determine the boundaries of the land plot in question in the specified territory. Registration for state registration. After surveying work, the land plot must be registered with the cadastral register with subsequent issuance cadastral passport to the new owner. The period for processing the document in accordance with current legislation is five days. Registration in Rosreestr. The final stage is the registration of the ownership rights of the applicant through territorial office Rosreestr. This procedure is carried out over ten working days, the countdown of which begins from the moment the complete list of papers is provided. Is it possible to change the purpose of a plot and a house? If there is a need to change the permitted type of use of a land plot, you can transfer the plot to another category or change the type of use without changing the category of the plot. The first option provides for the availability of any options for the permissible use of the plot, while in the second case it will be necessary to select the category of plot that is provided for a specific territory. Land surveying and what documents are needed for this Land surveying is a service that is provided exclusively by authorized cadastral engineers working in specialized geodetic organizations or as private entrepreneurs. To do this, you will need the following papers: If the preparation of the boundary plan is carried out by a trusted person, you will need to issue a power of attorney for him, certified by a notary, and also provide the specialist with your own passport. Next, a cadastral plan is drawn up indicating technical characteristics and the value of the territory in question. Title documentation is drawn up, which includes a deed confirming ownership of the land plot in question or a certificate certifying ownership that was issued later than 2001. After collecting these papers, you can contact a cadastral engineer and order land surveying work.">Dacha 27
: Information about the owner or tenant of the premises Information is included on the basis of which the calculation procedure is carried out - the area of the apartment and the number of permanent residents. The current details of the payer and service provider are also specified. Such information is required to complete the transaction. Detailed calculation of payments for specific services All utility services are combined into two blocks - for the maintenance of common property (for example, if a new building and a specific residential premises are serviced. Information on recalculations made This section indicates the determining grounds for recalculation made for specific services, as well as the amounts , which should be reduced. Calculation of contributions for major repairs is carried out on the basis of the current rate in a particular locality. Benefits and any government subsidies to which residents are entitled are taken into account. The receipt also includes the information necessary for transferring payments to the personal account regional operator. Sample of birth certificate. Principle of formation of the amount for services. All utility services, without exception, can be conditionally divided into two groups. It is based on them that the final amount of payments is formed. Services, the calculation of which is carried out by the owners of the objects real estate or by employers based on actual volumes of consumption include: Gasification Suppliers must provide a 24-hour supply of household gas for cooking and heating the premises. Electricity A prerequisite for the supply of the energy in question is compliance with network voltage and safety. Supply of cold and hot water Without exception, all service providers must necessarily guarantee the safety and environmental friendliness of the supplied resource. As for services related to maintaining the general functional condition of the building, the payment includes amounts for the following categories: costs of maintaining lifting equipment - elevator; cleaning the surrounding area; removal of household waste; lighting of staircases and landings; carrying out routine and major repairs; maintenance of common property. All of the above services are always included in the monthly payment document - receipt. Salary certificate How calculations occur It is worth noting that the number and composition of payments for employers under social agreements and owners are different. The last category of persons is subject to the maximum amount of payments. They must: transfer funds for maintenance of the apartment building; pay utilities; make regular contributions to the capital repair fund. The amount of payments is used to finance management operations, maintenance and repairs. General payments also include fees for resource provision. Calculation of utility payments is carried out based on the total number square meters in a residential area. It is important to remember that tenants of property are exempt from payments for major renovation. However, the categories of persons in question are subject to the obligation to pay for hire. The corresponding payment is calculated taking into account information about the total footage of the premises. Other fees are determined and paid based on the performance of special reading devices. Sample pension certificate Payment options In 2017, there are a large number of ways to make payments for the consumption of utility services. Any interested citizen can make a payment in any of the convenient ways, for example, via the Internet, a payment terminal, an ATM or through a cash register: Payment by bank card City utility bills can be paid by debit or credit card via the Internet or any landline payment system. To do this, you need to have a certain amount of funds in your personal account, and also know all the details of the direct service provider. Through Personal Area To carry out this operation, you need to contact the home maintenance company with a corresponding application. After establishing the identity of the payer and filling out all the regulated documentation, the applicant will be given payment account details. After switching to the system, you can make utility payments with great ease. Payment by personal account Each provider of certain services assigns citizens individual numbers, which, in turn, are linked to a personal bank account. Payment for residential premises can be made either with the help of a cash desk operator at a bank branch or Russian Post, or in other ways, taking into account connection to numerous online services that accept such payments. In each specific case, it is necessary to indicate or report a ten-digit code. This is necessary so that authorized representatives of the service provider can determine where the funds came from. Debts and recalculation Sometimes the amount of debt obligations for utility payments can become quite large. This may lead to the imposition of penalties and interest, which in no way can have a favorable effect on repayment. There can be many reasons for debt. For example, if no one is registered in the premises, but the supplier does not have up-to-date information about this. It is worth noting that from July 1, 2017, utility tariffs were increased. This may also affect the amount of debt obligations. In the event of temporary absence of residents in the premises, service organizations continue to charge payments for utility services. That is why all owners are recommended to recalculate. Only those categories of citizens who were absent from the premises for a certain period of time have the right to carry out the corresponding operation. Consequently, such persons could not use the following services: hot water and gas supply; drainage through sewerage; supply of electricity. Recalculation is made only when a citizen does not live in his place for more than 5 days. To carry out the operation in question, you should follow the following algorithm of actions: collect a set of documents confirming the fact that the person is not present; contact the housing company with a statement in the established form, which will fully outline the reason for the absence; submit a request for a recalculation operation; attach accompanying documentation to the application in the form of certificates that will serve as evidence - all together this must be presented to an authorized employee of the organization. "> Communal payments88
. In addition, redevelopment includes any displacement of walls and partitions, as well as displacement of engineering equipment (relocation of a bathroom, gas stove, other communications. Since redevelopment involves a major intervention with a change in the area of the rooms, the process requires drawing up a new plan, mandatory coordination with utility services and BTI. To carry out the actions, design documentation is required, on the basis of which the repairs will take place. Redevelopment differs precisely in that it does not imply the demolition of walls, the consolidation of premises and the transfer of communications. That is why this type of repair does not require approval and can be carried out by the owner independently. A striking example The difference between redevelopment and reconstruction can be made by making changes to the bathroom and bathroom. For example, installing additional plumbing, which requires individual connection to the plumbing equipment (an additional sink or toilet requires design documentation and approval. This also applies to the demolition of the partition between the bathroom and toilet. In the event that the toilet is supposed to be moved to another place, but it does not leave the premises, the process can be carried out without approval. A prerequisite will be the absence of interference in the public sewer system. The same rule applies to the kitchen. By law, it is allowed to move a gas stove no further than 1 meter from the installed location (characterized by the length of the soft connections for the gas supply. This will be considered a refurbishment and no permitting documents are required. If the owner plans to increase the kitchen area by moving the gas stove and sinks into a utility room or adjacent non-residential premises at a distance of more than 1 meter, then this is already considered a redevelopment and requires design documentation with approval. Sample application for redevelopment of a residential premises: Central questions Despite the fact that the owner of the apartment is the rightful owner of the living space, not everyone actions can be carried out when redeveloping an apartment. The most common prohibitions include the following: Dismantling load-bearing walls. Complete combination of non-residential premises with residential ones (there are some nuances that depend on the type of room and the desired type of redevelopment. In particular, it is forbidden to combine the kitchen space with the living room due to behind the supporting structure between them. Even if the wall is not load-bearing and can be demolished, the law requires the presence of a partition between two rooms and the zoning of rooms in the form of separate floor coverings. The location of the toilet, bathroom or kitchen above the living space of the neighbors below (an exception is the moment if the lower floor has a similar redevelopment. Increasing the area of the toilet at the expense of the living space. Before starting repairs, you need to take care of the availability of design documentation. The best option would be to contact specialized companies , where you can order redevelopment both according to individual drawings and standard solutions for standard high-rise buildings. What is allowed When redeveloping an apartment, the following changes are allowed: transfer of plumbing equipment while maintaining the central sewer system; transfer of a bathroom, kitchen and bathroom, if the future location does not conflict legislation; transfer of plumbing and kitchen equipment within the available area; transfer of heating equipment without interfering with central system(it is prohibited to place heating radiators on a loggia or balcony; glazing of the balcony space; laying doorways if there is a similar one in another place that does not contradict the redevelopment rules; partial and complete demolition of partitions, including some bearing structures provided there are no prerequisites for the building to collapse; installation of additional partitions, if they do not place excessive load on load-bearing floors; extension of door and window openings ; arrangement of ventilation systems and other structures on the facade of the building, if they do not violate the safety of the building (antennas, air conditioners. Each redevelopment is an individual event, depending on the actions being carried out and the characteristics of the residential building. That is why a project is required that would comply with all safety standards for the owner’s residence and neighbors. Sample of filling out the consent of all family members for redevelopment How to legitimize The process of legitimizing redevelopment is one of the most important moments of the entire renovation. There are several methods of legitimization: The simplest and most legal way is to initially draw up a project, coordinate it and obtain permission to carry out repair actions. After the process is completed, the commission will accept the redevelopment based on the design data and the measures taken. If all actions comply with the standards, then the owner can only obtain the necessary papers for the apartment (technical passport and a new apartment plan. Unauthorized redevelopment - often apartment owners change the sequence of actions, namely first they make repairs, and then they try to legitimize it. The process is somewhat more complicated and time-consuming, but still possible. In this case, it is necessary to comply with all the same legal norms. When accepting the work, the commission must make sure that there are no violations, but the owner will have to pay a fine for unauthorized redevelopment. It often happens that the owner is not responsible for illegal redevelopment. This is possible when receiving living space as an inheritance or as a formalization of a gift agreement. The process of legitimation involves a trial, during which the fact of the new owner’s involvement in unregistered repairs and the legality of the measures taken will be clarified. If the requirements of the Housing Code of the Russian Federation have not been violated, then the new owner will receive the appropriate documents for the apartment with the existing redevelopment based on a court decision. The best option is to gradually follow legislative measures, since the commission may not accept unauthorized redevelopment. This threatens the need to return the original appearance and the corresponding expenses for new repairs. Necessary papers To carry out redevelopment, a certain package of documents is required: passport of all owners of the living space; application for redevelopment; conclusion on possible repair actions; design documentation; project agreement; registration certificate for the apartment; consent of neighbors if common house needs are affected. In each individual case, the package of documents may be modified, so you need to ask BTI employees about this. Where and in what order to apply First of all, you need to contact the BTI and inquire about possible redevelopment. If necessary, a special commission will be created that will issue an opinion on what can and cannot be demolished, which structures are load-bearing, etc. After this, you need to draw up a project. The documentation is prepared by specialists from the relevant company. It should be remembered that a company providing services for the production of projects must have SRO approval. The finished project is again submitted to the BTI, where it must be approved, after which the owner receives permission to carry out repair work. The final point is to notify BTI employees and create a special commission that will check the compliance of the measures taken with project documentation. If there are no violations, the owner of the living space receives new documents for the apartment with the changes made. Is it possible to independently? Independent redevelopment is punishable by law in the form of a fine and possible reconstruction of the premises to its original state. There are often cases when ready renovation work are legitimized through the judicial authorities, but only in compliance with current legislation. The owner of the living space has the right to independently make changes to the apartment if they do not require any permits and do not entail changes in the configuration of the living space. Redevelopment according to the sketch is also possible, which does not require approval or any other actions. The sketch is prepared by the designers, and all actions do not pose any threat to the safety of the buildings and are mostly cosmetic repairs. Responsibility for redevelopment All responsibility for redevelopment in the apartment lies with its owner. In case of illegal actions, the owner of the property is obliged to return the property to its original form at his own expense, as well as pay a fine. In addition, if the redevelopment carried out harms neighbors or causes any damage due to improper transfer of communications, then the owner of the apartment again bears responsibility for the actions taken. He is obliged to eliminate the dangerous reconstruction, as well as compensate for the damage caused to neighbors. If the redevelopment is not only illegal, but also poses a danger in the form of destruction of the house, then the owner will be evicted from the apartment. The measures are provided for in Art. 7.21 Code of Administrative Offenses of the Russian Federation. Terms and prices The cost of remodeling an apartment depends on several points, which together make up the total price: Obtaining a technical passport from the BTI 1500-2000 rubles. Technical documentation on the condition of an apartment building About 7,000 rubles. Project documentation The price depends on the complexity of the work, the area of the premises and the tariffs of specific organizations, which on average is 30,000-50,000 rubles. If the owner turns to the company for a full range of services, which includes legal support of the process without the participation of the owner, then the prices will be higher: Approval of the BTI project 30,000-50,000 rubles. Receiving a certificate of completed actions 15,000-20,000 rubles. Obtaining a new technical passport 8000-10000 rubles. The timing of development and receipt of documentation is given in the table: Required documentation Receipt time Technical documentation on the condition of an apartment building 2-3 months Project development 1 week Project approval 30-45 days Acceptance of work by the commission Within a month Receipt of an act from the BTI 14 days Receipt of a new certificate for the apartment with amendments 14 days It should be remembered that the redevelopment permit is issued for a period of 1 year, but it can be renewed every month. ">Redevelopment 171
, was subsequently replaced by the concept of registration at the place of stay or residence. Registration involves assigning citizens to a specific living space in which they live, which was issued with the permission of government bodies. IN new law Some changes have been made regarding registration. Now, citizens who do not receive registration within the established time frame are subject to a fine. In addition, for registration carried out using forged documents, residents of our country and foreign countries may be subject to criminal liability. Sample certificate of registration at the place of residence Instructions and options Registration in an apartment follows one scheme. To the passport office at the new place of residence (if you are registering permanently or staying (temporarily) or to the MFC, submit the documents required to obtain registration. In this capacity are papers confirming the status of the owner of the apartment, or the consent of the owner of the living space. Next, an application and a passport are drawn up. In the prescribed manner date the identity card is collected with a registration stamp. Citizens of the Russian Federation can obtain registration in several options: B new apartment , received under the contract. First, you need to check out of your previous apartment. An application for registration is then submitted to the passport office in the new location. Parents fill out and sign an application for children under 14 years of age. Children who have reached this age do it on their own. It indicates the document according to which registration in the new building is issued. In the same application, you can fill out the bottom column about deregistration at your previous place of residence. Attached to it: Passport of a citizen of the Russian Federation. Birth certificate for children under 14 years of age. A paper confirming the fact of being discharged from the previous place of registration. A document according to which the apartment is the property of a citizen. This is an extract from the unified state real estate register. The agreement under which the right of ownership was obtained (donation, purchase and sale, etc.. The passport, documents and application will be checked, and the identity card will be taken away, setting a date for its issue with a stamp. In someone else's privatized and municipal housing In the first case, again it is necessary to remove the registration in the previous apartment. Next, the new cohabitant, together with all the owners of the living space, writes statements: the person registering - about temporary or permanent registration, and the owners - about consent to registration. Both parties submit documents: the owner attaches a passport and an extract from the Unified State Register of Real Estate; an agreement, according to the apartment was registered as property; the registering party submits a departure certificate, passport or birth certificate (for children under 14 years of age. All documents will be returned to the persons, but the passport of the person registering will be temporarily taken away, announcing the date of receipt. If it was previously issued, then it can be registered in a day.When the previous registration remains valid, a new registration will take up to two weeks. To register in a non-privatized apartment, you will need permission from the Property Management Department and a statement of intent to register an outsider. The desire will be approved if for each registered person an area equal to the registration norm of the territorial entity is allocated. Attached to the application: confirmation of the extract from the previous living space; rental agreement; passports and birth certificates for minor children; permission from the municipality (in the case where a person is registered who is not a relative of any of the residents. If it was decided to privatize the provided apartment, then each citizen registered in it becomes a partial owner. Registration without the present owner There are two ways to register in the absence of the owner, but with his consent: By receiving from him a power of attorney in favor of a person, certified by a notary. Such a person, on behalf of the owner, will prepare an application confirming the consent of the principal to the registration of another person in the apartment. Based on a notarized statement. If the owner, for some reason, cannot sign the paper on his own, then the notary will fill out an application for registration of the new cohabitant on the spot. A signatory may be appointed who will personally sign the document on behalf of the owner. Through the State Services portal on the network, registration through State Services is carried out after you register on the portal and open a personal account. In it you will fill out the required fields, indicating your data in them. Having ordered registration, you stand in line until you receive a notification (up to 3 working days, after which you will need to visit the MFC (3 days are also allotted, filling out an application there and attaching Required documents. The advantage is that for citizens of the Russian Federation, registration through State Services is free. Sample certificate of registration Sample page with registration in a passport Registration procedure, deadlines and price To register, you will need: Prepare a mandatory package of documents with copies. It includes an application, passport, confirmation of an extract from the previous place of residence, the main contract and the consent of the owner. Submit an application for registration. Send all this to the MFC, passport office or FMS. Upon completion of registration, pick up your passport, which contains a note indicating that the person is actually registered in the apartment. After leaving your previous apartment, you must register: within 7 days when registering for permanent registration; Temporary registration can be obtained within 90 days. If a person submits an application to the FMS on his own, then he is registered free of charge. You can also register on the Internet on the unified portal of government services. Registration through State Services also requires the preparation of documents and their submission electronically. But still, you will then have to visit the local office to get a stamp in your passport. When registering a newborn child, you will need to prepare a birth certificate for the child. It is issued at the local registry office. Next, he is taken to the passport office, where he fills out an application for registration of the newborn. Attached to it is a marriage certificate, parents’ passports, an extract from the house register or the house register itself (depending on whether the child is registered in the apartment or a private house . They also submit a certificate about the status of the account of the housing in which the child is registered. Copies are prepared for some documents. The child is registered at the place of residence of the mother or father. If they are without the right to living space, then registering the child in an apartment will not be possible. Parents are assigned a day on which to pick up documents proving their identity and the birth of the child. Sample of filling out an application for registration at the place of residence Sample of an application for temporary registration Foreigner and citizen of the Russian Federation What is the difference between the registration of foreign citizens and residents of our country? The legislation of our country allows the following types of registration. Foreigners can register only temporarily: For 90 days or for the period of validity of the visa with the possibility of extension. Issued at the Migration Registration Service. Registration at the place of residence for the duration of the temporary residence permit (3 years without the possibility of extension or a residence permit (5 years with the possibility of extension. For citizens of the Russian Federation: Temporary registration at the place of residence (5 years with the possibility of extension. Permanent registration at the place of residence. It usually means the concept of registration. Features for Muscovites You can obtain a Moscow registration in different ways - both paid and free. This is influenced by factors such as: place of residence and type of living space; registration deadlines; absence of other violations and fines. Constant price for obtaining registration is not established. Registration of all documents will cost 50,000 rubles, in the Moscow region - 30,000 rubles. The registration procedure is similar to the general algorithm operating throughout the country: First you need to check out of your previous apartment. Then submit an application for registration to the FMS with all necessary papers. At the end, pick up a stamped passport. To register in an apartment belonging to relatives, you will need their statements of consent to receive registration. You can move into municipal housing only with the permission of the city administration. Having received a Moscow registration, you provide yourself with several advantages: benefits, payments and allowances (for example, towards a pension; increased stipend for students; low-income people receive free travel on municipal transport. Consequences for the owner In the case where the owner of the living space gives permission for indefinite registration to other persons , he gets a situation in which: It is possible to deregister a citizen of our country with his permission or in accordance with a court decision. The registered person can live in this living space. At a minimum, he retains his registration. Temporary registration for our citizens and foreign citizens at their place of residence is regulated in the rental agreement or free use of living space. The agreement allows you to consolidate the relationship between the participants and reduce risks to a minimum. You can specify the validity period of registration and residence, distribute the responsibilities of repairing the apartment between the parties, paying for utilities, there is also the possibility of early termination, etc. But it would be a mistake to believe that a temporarily registered cohabitant will be able to appropriate the property for himself. He receives only the right to use (he can live in the apartment and use housing and communal services. The owner remains the owner of the premises. Possible risks First of all, now a citizen can be held administratively liable for living without registration (according to the Code of Administrative Offenses. First, it is worth considering the apartment in which a person intends to move in. It must be located at the specified address, in normal condition (and not suitable for emergency housing. It is better to inquire about what opinion has developed about the owners of the property. It is necessary to obtain the consent of the owner to register in his apartment. Having carried out such actions, you minimize the risks that: the house is located within the specified boundaries and has the specified characteristics; money for registration will not be spent in vain; the apartment may soon be sold by forcibly deregistering all residents through the courts; you will register in the house, which they plan to destroy. ">Registration 216
. At the same time, a citizen or legal entity can purchase a plot within the settlement or behind him. The concept of a site is closer to human activity. If the earth as a whole is natural resource, then a plot is only some part of it, representing real estate with which various legal actions can be performed. Plots can be indivisible, which cannot be divided so that they do not lose their properties, and divisible. Within a populated area, for example, one plot can be transferred to one developer, and another – to another. But in general, the land will belong to the municipality; in a separate case, a private person may obtain permission to purchase it from the state; another option is to rent. Overview of concepts and types The land cannot be considered ownerless if it does not have a specific owner, then that owner is the state. In fact, it is municipal property. Until 1993, land surveying was not carried out in Russia, but with the release of the Land Code this became possible, and therefore individual plots now have owners. A plot is defined by its length and width and has an area. It also has other characteristics - location, soil, presence of a reservoir, the presence of any objects nearby, etc. The site must have a purpose or type of use that will be legally permitted. Lands are classified into categories based on their properties. But on the same land one can distinguish different areas where a person will carry out different activities. For example, land has the definition of a rural area, on it you can do: agriculture; raising livestock; scientific and research work; hunting and fishing; personal subsidiary plots, which means constructing residential buildings (private houses and non-residential outbuildings; other types of activities. When the land is intended for development, this means that it can be built in different places (on the plots you can: residential buildings; industrial buildings and workshops; commercial buildings, offices, shopping centers; engineering structures; communication networks; other. It goes without saying that where the area with engineering structures that provide, for example, power supply to the city, residential buildings cannot be built. Depending on the use of the site, a certain type is assigned to it, which most often extends to nearby areas. For example, one can distinguish the following main types of plots where one can: engage in agriculture; carry out personal construction (individual housing construction; conduct subsidiary farming for non-commercial purposes (LPH; erect personal residential buildings (ID); growing fruits and vegetables is carried out, i.e., conduct dacha farming without capital construction. Most often, such plots are private property. If the owner will use the land for other purposes, he cannot avoid penalties from regulatory authorities. But it is allowed to change the type of use of the site, for this it is necessary to submit an application and other documents, the decision is made by the municipality. Central conditions To use the land plot, a person must familiarize himself with the provisions of the law, understand the category of land to which it belongs, how it can be considered as a piece of real estate. Provisions by law In Russia, jurisprudence in relation to land and land plots regulated by: Land Code; various Federal laws; Civil Code; Town Planning Code. Thus, in Federal Law No. 136 (10.25.01, Article 11, various concepts are given that help to understand how to check a land plot, and what should be understood by this definition: what it is; how it is formed; what characteristics should describe the object; on on what basis should it be considered real estate; how to transfer land from one category to another; what is municipal and private property in relation to land; why register a plot of land and what is a cadastre; how to separate, allocate and distribute plots; how property rights are registered per plot; other aspects. Division into categories The category of land is determined by their intended purpose. In fact, the category should be understood short description properties of specific lands. The legislator formulated these concepts in the Land Code. Chapters 14-18 say in what order and according to what specific features land should be disposed of when used for: agricultural land; placement of settlements; industrial facilities; national defense and security; telecommunications, radio broadcasting, communications; transport; energy; for other purposes. The issue of water resources and forest areas. The full list of land categories is specified in Order No. 540 (01.09.14, issued by the Ministry of Economic Development of the Russian Federation. Based on the category of land and the type of land plot, specific activities may be permitted or prohibited on it. If, for example, a plot of land is a protected area, then it is prohibited hunt. Agricultural land must be characterized by fertile soil and be located outside or border a populated area. Such an area can only be used for agricultural production. A plot of land as a piece of real estate The Constitution of the Russian Federation, Chapter 11 states that all land in the country belongs to the people. At the same time, it can be the property of: the state; the municipality; legal entity; citizen. A plot can be classified as real estate only from the moment it passes state registration and is assigned a unique number. From the moment of registration, when ownership rights are assigned to a person, the plot can be put into circulation. Then a sale, property division, donation, alienation, and other legal actions with real estate are possible. When, according to the Constitution, some property is public, this means that certain restrictions are imposed on the rights of the owner, i.e., he cannot dispose of it only at his own discretion. The law requires its use only for its intended purpose. In such cases, for example, land owned by the municipality, located within the city, cannot be given or sold to any person for the purpose of establishing a subsidiary or farm on it. When a site is intended for the construction of a residential area in the city, it cannot be used for laying a highway, etc. To determine real estate, the site must be characterized by various parameters and costs. The identifying characteristics of a plot as real estate include: cadastral number; numbers of its individual parts, if it is large; location address; the area of the entire site and its individual parts; details of the owner or co-owners; characteristics of the structures or other objects located on it, the area of each individually; boundaries of the entire site and its individual parts; purpose of land; status. In the Civil Code, art. 130 definition is given land plot, as a thing to which property and other rights can arise, transactions and various actions of a non-legal nature can be made. Ownership rights to a plot, like real estate, can be established free of charge or paid. If a citizen already owns a plot of land, that is, he received it from the state for temporary or indefinite use, then he will no longer be able to refuse it, and he needs, for example, to undergo privatization in 2017. As a result of the privatization of state property, property rights are assigned to the citizen. Based on agreements of various types, property rights will be transferred from the owner to another person when: the purchase or sale of land occurs; exchange; rent; donation; inheritance; another transaction for the alienation of property. In some cases, real estate (a plot can be purchased from the state at cadastral value if the municipality gives such permission. What actions are allowed? Use of land for personal subsidiary farming defined in Federal Law No. 112, Art. 4. The location of the land will determine how it can be used. If the personal plot that the owner uses for private plots is located within the city, then in fact it becomes similar to land intended for individual residential construction (individual housing construction). Such a plot can be successfully used by a large family not only for farming, but also for building a house. For families , when many relatives live together, this is the most convenient option. You can register in such a residential building (register, and additionally build utility structures and a garage on the land. Of course, sanitary, fire safety, urban planning and other standards must be taken into account during construction, then the house without problems will be put into operation. The land itself can be used for growing fruits and vegetables, i.e., in fact, it will partially feed a large family. If the plot is located outside the city, then a farm can also be organized on it with permanent residence in a permanent residential building. In another case, the plot can be used as a summer cottage, where not only recreation in the summer is possible, but also gardening. But not in all cases the type of land allows the construction of permanent residential buildings on it, where the necessary communications will be connected. If it is impossible to live in a house year-round, then it will be impossible to register in it. If the site is located far from a populated area and belongs to steppe or field areas, then it can be used for grazing livestock or growing crops, but it is impossible to build a residential building there. Prohibited in field areas capital construction. Buildings can be of an economic or temporary nature. For example, in the field, you can build a bathhouse, but without a foundation, which means you won’t need a special building permit. Other clarifications Plots that are allocated by the state or municipality for the targeted needs of citizens may have a minimum or maximum area, they may have a rectangular shape or a square or triangular shape. It all depends on how the survey was done. In each region, local authorities determine acceptable standards lands that they can allocate from the land fund, for example, for the placement of a garage cooperative, a household garden partnership, for individual construction. Basically, the norms depend on the volume of land that is listed by the municipality as unused, that is, not used beneficially. In Federal Law No. 112, p. 4, paragraph 5 states that the maximum area, for example, for private household plots cannot exceed 0.5 hectares. In the future, the owner can increase this size, but not more than 5 times. The minimum size cannot be less than 2.5 hectares. Temporary status Data about each plot is contained in the state cadastre until ownership rights are registered for it, i.e. they are only temporary. Such a plot can be purchased from the state or municipality, received free of charge, or rented. From the moment ownership rights are registered in the cadastre, the information will change to permanent. Temporary status simply means that no one has rights to the site - neither private property nor lease. According to the law, if within 2 years no one claims rights to land that has temporary status, it must be removed from the cadastral register, but in reality the time frame is much longer. Cadastral information According to information stored in the Cadastral Chamber, a plot may be listed as: temporary; previously taken into account; taken into account; archival; canceled. A plot becomes registered from the moment someone receives ownership rights to it. There are several situations when cancellation of information about a plot occurs: If a citizen planned to buy the land from the state or undergo privatization, formalize a lease, but did not do this within 2 years. This applies to plots that were registered after 2008. For example, a family received benefits for 3 children and additionally at the expense of maternity capital I decided to buy the land and start construction, submitted documents, but did not complete the procedure. After 2 years, other citizens will be able to buy the plot. The land survey was refused for various reasons. Many citizens are not even in a hurry to do this, because the procedure is paid, and the owner, for example, plans to sell the land. A plot may have the status of previously registered if ownership rights to it arose before March 2008. The cadastre may contain various information; if the plot has not been surveyed, then it may not have boundaries. In relation to such plots, there are often cases when there are title documents for them, but there is no information in the cadastre. The owner can submit an application requesting the entry of data. In fact, all plots whose surveying was completed before 2000 or before the law on the land cadastre received previously registered status received previously registered status. Possible restrictions and encumbrances Restrictions may be imposed on the negotiability of the site, i.e., the extent to which it can be transferred to another owner or owner. For example, we can take the reorganization of a legal entity. But sometimes a plot may be excluded from circulation altogether and cannot be obtained into private ownership. These lands include: nature reserves; state-protected park areas; military or radioactive waste disposal sites; territories where military bases and troops are located; areas located near borders. Restrictions on turnover are imposed on lands that are valuable to the state or those where strategically important objects are located, areas with cultural heritage for the country. If a plot falls under such categories, alienation transactions cannot be made with it. The site may have encumbrances. It can also be imposed by local authorities, but most often a temporary ban on carrying out any operations with land is imposed due to: leasing it on a paid or free basis; transfer of land as collateral when applying for a mortgage or other loan; that it is necessary to satisfy the needs of the state or a private person, the encumbrance is imposed by an easement, for example, a highway or power line must pass through a personal plot; litigation when there are several claimants to the land; seizure due to debts of the owner; occurrence of other situations. Emerging nuances For citizens the best option for the property is a plot that has the status of private plots, which cannot be used for commercial purposes. He can purchase it or rent it from local authorities or a private person. But the farmer needs to know where to go when there is a surplus of produce that needs to be sold. A special certificate is issued by the local administration; with it in hand, the owner can sell vegetables and fruits from his garden if they meet sanitary standards. In this case, the proceeds will not be subject to any taxes.">Plot 461