How To Privatize An Apartment If You Are Not Registered In It

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How To Privatize An Apartment If You Are Not Registered In It
How To Privatize An Apartment If You Are Not Registered In It
Anonim

Quite a lot of people are interested in the issue of housing privatization. At the same time, it is widely believed that this right is directly related to registration at the place of permanent residence, colloquially referred to as "registration".

How to privatize an apartment if you are not registered in it
How to privatize an apartment if you are not registered in it

Instructions

Step 1

The right to privatize an apartment or other housing is granted to citizens by a special law of 04.07.1991 N 1541-1 "On the privatization of the housing stock in the Russian Federation." Article 1 of this law defines privatization as the right of citizens to receive free of charge ownership of the residential premises they occupy or reserved for them, which are in state or municipal ownership. Thus, the right to privatize an apartment or other housing is directly related to its residence, or to booking for accommodation. In accordance with the provisions of the Housing Code, the right of residence is determined by the social tenancy agreement, and the reservation is determined by the corresponding order, securing the citizen's right to conclude a social tenancy agreement.

Step 2

At the same time, the procedure for registration at the place of residence (registration) is determined by the Law of June 25, 1993 N 5242-1 "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." This law established the compulsory registration at the place of residence for all citizens who permanently or predominantly reside in one or another residential building.

Step 3

It is easy to see that the right to privatize an apartment is not directly related to registration in it. But at the same time, the right to privatization and the obligation to have registration are related to the same fact - living in an apartment. Thus, the following conclusion can be drawn: if a citizen is not registered in an apartment as a permanent resident in it, then he either does not live in this apartment, or violates the current registration procedure. In the first case, the citizen does not have the right to privatize this apartment.

In the second case, the citizen commits an administrative offense punishable by a fine of up to 2,500 rubles. But at the same time, this citizen has the right to privatize an apartment.

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