LawState and Law

Ownership of the apartment

Throughout the existence of human society, one of the basic life needs of people was housing. The question of satisfying this good was especially acute in the days of the USSR, when most of the apartments belonged to the state or were owned by public associations. Residential premises in that period were transferred in order of priority. At the same time, a contract of employment was drawn up. Only those in need had the right to queue, who received this status if they had such a right. The criterion of need was very limited.

With the beginning of the establishment of market relations, citizens of the country were given the opportunity to solve the housing problem on their own. This became possible after the adoption of the Law "On Property". It was he who contributed to the emergence of a housing market in the country.

Currently, the right to own an apartment is legally fixed in a number of regulatory legal acts. First of all, such documents include the Civil Code of the Russian Federation.

According to this legislative act, the ownership of the apartment and the disposal of the living quarters by its purpose are carried out by the owner. This citizen has the ability to make any action with his property. The main conditions that the owner must observe are the following: legitimacy, as well as protection of the interests of other persons. Observing these requirements, a citizen may alienate an apartment in favor of other persons, offer a residential premises as collateral, and also perform other procedures. At the same time, it remains the owner and possesses the possibilities of using, owning and disposing of property.

Ownership of an apartment has its own limitations, set out in legislative acts. Its implementation should not lead to a violation of the interests of others. To this limitation is the probability of using a dwelling. Apartments can be surrendered by the owners on the basis of concluded contracts to other persons. At the same time, it is strictly forbidden to place any production in these premises. The apartments are intended solely for living in them citizens.

Inadmissible action is also the accommodation in residential premises of offices, trade organizations and facilities intended for the production of a product. In the event that entrepreneurial activity is carried out by a citizen who has the right to own an apartment, his actions can be recognized as legitimate, provided that the interests of other persons are preserved. Another limitation in the operation of a dwelling is the obligation to comply with the requirements of sanitary and building standards, as well as fire safety rules.

To conduct any operations on the real estate market you need to have a certificate of ownership of the apartment. It is the main document for carrying out sales, donation, exchange and clearance transactions.

Registration of real estate in the property is carried out after the submission of a package of documents to a government agency that is authorized to issue certificates of legal rights of citizens to plots, houses and apartments.

To take possession of the land it is necessary to have a cadastral passport, as well as an extract from it. These documents are issued by special services. The citizen is obliged to call the workers of the land management organization who will conduct a set of technical works on his site. After that, a package of documents is prepared, which is subject to registration in Rosnedvizhimost. At the same time, a cadastral passport with an extract from it is issued. On the basis of these papers, a certificate of ownership of the land is issued.

It is also possible to register a house with a cadastral passport for the building. It is issued by the BTI. On the basis of the cadastral passport, a certificate of ownership of the apartment is also issued.

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