Privatization is the transfer of residential premises from the state housing stock to private ownership.
According to the Law of Ukraine “On Privatization of the State Housing Stock”, the following premises can be privatized:
- apartments or houses;
- residential premises in hostels for families and individuals;
- rooms in apartments and private houses where two or more people live, as well as utility rooms that refer to them, for example, a basement.
In addition, Article 2 of this Law contains the list of premises that cannot be privatized. This list includes the premises that are located in the territory of cultural, recreational or strategic importance.
The legislation provides for two possible options for privatization:
- free transfer of apartments, houses, residential premises in hostels;
- sale of the remains of the total area of apartments, houses, residential premises in hostels to the citizens who live in them or are in the queue of persons who need to improve their living conditions.
The first thing to understand is that not all housing can be privatized for free. In addition, this can only be done within the framework of a clearly established privatization norm.
You can privatize for free:
- one-room apartments;
- housing that was received upon the house demolition and compensation for which was not paid;
- housing in which persons who have privileged status are registered, for example, persons with disabilities of the 1st and the 2nd groups;
- housing in which large families or military personnel live.
The free privatization norm constitutes 21 square meters of the total area per person and each member of his or her family, and additional 10 square meters per family. For example, if you and your brother/sister live in the premise, then your privatization norm constitutes 42 square meters, and if you are with your wife/husband and child – 73 square meters.
Procedure of housing privatization
The procedure of housing privatization is not the simplest one, but if the procedure is strictly followed, it remains a matter of time.
Stage No. 1 – the documentation from the housing office: in the housing office you need to issue the certificate on the apartment condition (the Form No. 4) and the application for privatization. In the certificate on the apartment condition, it is necessary to indicate:
- everyone who lives in the premise;
- the premise area;
- personal account, etc.
The application for privatization must be signed by all persons who live in the apartment. To complete these documents, you need to have your passports and the copy of the apartment order with you. At the end of this stage, you must obtain the technical passport for the apartment and the decision on the premise transfer into ownership.
Stage No. 2 – the application to the privatization department: the privatization departments are located in local state administrations. This is where you need to apply for the certificate of ownership of the premise. You need to have the following documents with you:
- the copies of passports;
- the copies of ITN;
- the application for the apartment privatization;
- the completed Form No. 4;
- the technical passport for the premise;
- the documents confirming preferential status – if there are persons from the preferential category among you;
- the decision of the privatization authority on the premise transfer into ownership.
Within a month, the privatization department is obliged to consider your application and issue the certificate of ownership of the premise.
Stage No. 3 – to register the ownership: after obtaining the certificate of ownership of the premise, you need to apply to the state registrar or the notary in order to register your rights to the premise.
VigoLex team will be happy to provide you with legal assistance and help you privatize your housing quickly and reliably.