How to refuse privatization in favor of another person?

What does the law say?

How to get out of the privatization of an apartment?
The privatization process is regulated by Federal Law No. 1541-1, which establishes the procedure for registering a refusal to participate in it. Article 2 of this document establishes the right of participation of all citizens registered in the housing space, who should receive equal shares. After registration, each participant becomes the owner of a part of the living space.

If anyone registered at this address does not want to register a share, he may refuse to participate in the privatization and will be excluded from the parties to the agreement. The living space is distributed among the remaining registered persons.

Refusal to register property does not deprive the person of the right to use the premises . The exception is cases of termination of family relations between the owner and a citizen registered on his premises (Article 31 of the Housing Code of the Russian Federation).

At the same time, a person who ends up taking ownership of this premises cannot be evicted, even after ending family relations with the owner (read about the division of a privatized apartment after a divorce). For example, if a husband refuses privatization in favor of his wife or child, then after a divorce he cannot be discharged.

If anyone registered in the housing space previously took part in privatization or owns a share of another premises , he is excluded from the contract and the refusal is not formalized. At the same time, he must agree to the procedure (read about the right to re-privatize residential premises).

Sample application for refusal to privatize an apartment.

Free purchase

People who use residential premises owned either by the state or local authorities and have a residence permit can become owners of real estate for free. The basis for their residence is a social tenancy agreement.

To receive free housing, you must agree:

• family members living together who are adults;
• those who are in the age range from 14 to 18 years;
• persons who do not currently occupy living space, but have the right to do so.

The approval of only those persons who have not previously privatized another home will be required (Article 1.2 of Law No. 1541-1).

The apartment can become either the joint ownership of all tenants or one. Even a child can become the owner of a living space.

Important! In March 2021, changes were made to the law on the privatization of housing stock, making it free without a time limit.

Causes

“I don’t want to privatize an apartment: how to refuse a privatized apartment?” Who is giving up their share and why? Any adult citizen can voluntarily renounce a share in the premises.

As for minor citizens, a refusal can be issued exclusively with the consent of the guardianship authorities and only after a thorough analysis of the motives and taking into account further actions of the legal representatives.

In this case, the refusal can be issued exclusively on behalf of a child who is 14 years old. For a child under 14 years of age, a share is allocated without fail.

Guardianship authorities, as a rule, do not allow a child’s share to be renounced in favor of the parents, unless the child is the owner of another residential property or a share larger than the one being renounced.

Discharging the child immediately before the procedure will not help in this case. If in the last six months before the process the child was registered in this premises, he is entitled to a share without fail.

The reasons for voluntarily giving up part of an apartment are quite varied, but the most common of them are:

1. Refusal to increase the share of relatives. It can be issued in favor of any person jointly registered in the apartment.
   In this case, the shares are distributed among all remaining participants in the privatization. That is the refusal is written not in favor of a specific person.

   The citizen only refuses to allocate a share specifically to him, and the rest of the area is divided into equal parts.

2. Reluctance to deal with registration and transfer of your rights to one of the registered ones (read about privatization through a realtor or by proxy).
3. Planning to receive other social housing.

Application for refusal to privatize an apartment sample 2015

1. Cadastral passport for the privatized apartment. It can be obtained from the BTI by applying with a passport, identification, as well as a social rent agreement.
2. At the passport office you receive a certificate of family composition.
3. If the future owner had another home from 1991 to the present day, he should take an extract from the house register from his previous place of residence.
4. Persons who changed their place of residence after 1999 must submit a certificate confirming the absence of privatized real estate.
5. In case of refusal of privatization by some person (see How to refuse a share in an apartment) registered in the apartment, it is necessary to issue a refusal certified by a notary.
6. Provide the social lease agreement itself or any other basis for using the apartment.
7. Passports - for persons over 14 years of age and birth certificates - for children under 14 years of age.

We recommend reading: The difference between a gift agreement and a will

Instructions for registration

How to formalize a refusal to privatize an apartment? The refusal to participate in privatization is an official document and must be certified by a state notary in person.

The following documents are presented to the notary:

• passport;
• statement;
• registration certificate.

The completed application is certified by a notary in the presence of the citizen and attached to the package of documents.

The presence of the citizen who has formalized the notarized refusal to privatize the apartment is not required for further procedures .

Consequences of failure

Refusal to receive home ownership free of charge has the following consequences:

• A person who does not want to receive housing as personal property does not lose the right to use it. He retains the right of lifelong residence if he refuses privatization. Moreover, in any development of events, for example, when he ceases to be related to members of the owner’s family (during a divorce). (Law on the introduction of the Housing Code No. 189-FZ of December 29, 2004, Art. 19).
• A difficult question is what to do when the owner changes. The answer to this can only be obtained in the process of alienation of privatized living space (sale, inheritance, signing of a deed of gift), by applying to the court. In accordance with Post. Const. Court No. 5-P dated March 24, 2015, the right of use may be preserved taking into account the specific circumstances of the case. Thus, today the problem remains open. Therefore, it is worth thinking carefully about whether abandoning privatization is really necessary.
• When a person has not exercised his privatization rights once, he may do so subsequently. And, conversely, having privatized one apartment, you cannot get another for free in the same way.
• A person who did not participate in privatization can terminate the right to live by checking out and taking part in the free acquisition of living space on the same basis.
• If you do not participate in the privatization process, the right to receive housing from the state as a person in line to improve living conditions is retained.

On behalf of the child

To begin processing a waiver on behalf of a citizen from 14 to 18 years of age, they begin by visiting the territorial guardianship authorities - a waiver for minors can be issued only with their permission (Articles 28 and 37 of the Civil Code of the Russian Federation).

To submit an application you must submit:

• parents' passports;
• personal documents of the child;
• marriage (divorce) certificate;
• certificate of registration of the minor and parents;
• housing rental agreement.

The application must provide reasons for the refusal. The personal presence of a minor when submitting an application is required.

If for some good reason he cannot submit an application in person, his will must be confirmed by a notary .

The decision of the guardianship authorities can be obtained within 10 days.
If the child is included in the rental agreement, it may be negative .
Permission to refuse can be obtained only if it is planned to improve the living conditions of the minor.

For example, in the near future the family plans to purchase a new apartment in which a share will be allocated to the child, or the family will soon receive other social housing.

At the same time, further actions of the parents and the fulfillment of promises will be monitored by the guardianship authorities. If the conditions are not met, the privatization agreement will be canceled on their initiative.

Refusal to privatize in favor of another person

After obtaining permission, the rest of the procedure is no different from that described above. The only exception is that the child's parent or guardian deals with the matter instead of the child himself. Sometimes children aged 14 years and older can solve this problem themselves, but often they still do it under adult supervision.

The refusal itself is drawn up, signed and certified in a matter of minutes. In the most difficult case, this will take a maximum of half an hour. But getting permission for the procedure from the guardianship authorities is no longer so easy. Often such decisions are made within a period of up to 1 month or even longer, depending on the circumstances of the problem.

How to make an application?

There is no strict format for this form of document; it is written in person, using a printed template, or entirely by hand. The application must contain the following points:

1. “Hat” - written in the name of the head of the organization formalizing privatization. It also indicates the applicant’s personal data: full name, passport details, place of registration.
2. Next, the citizen must ask not to be included in the number of persons privatizing real estate, indicating the address of the property.
3. Then the citizen indicates the reasons for the refusal and gives a receipt that he understands the consequences of the actions taken.
4. At the end of the application there is a date and a signature with a transcript.

When drawing up a document, it is enough to present your passport to the notary. The notary certifies the document and leaves a copy of it in his archive .

Where to submit documents

An application for refusal can be given to citizens who are ready to exercise their right to free housing and submit the appropriate documentation.

The entire package is addressed to the institution involved in processing the privatization of housing. Most often, this is the corresponding service related to the administration of the subject.

You need to go there with your passport in hand. The application form is issued on site, filled out and signed there. The administration employee signs the application, thereby indicating that the document was drawn up in his presence.

Typically the application includes:

• Full name of the applicant (full).
• Passport details.
• Registration.
• Reasons why the refusal occurs.
• Request to be removed from the list of owners.

In addition, you need:

• Title documents for real estate - Social tenancy agreement, move-in order, extract from the house register.
• If there are children under 18 years of age among the “refuseniks,” the decision of the guardianship authorities will be made.

These rules apply if local acts do not require a notary inscription. When you are planning to get certified by a notary, you need to go to him in person, with your passport and the specified documents.

As stated in Art. 8 of Law No. 1541-1, the decision on privatization is made within 2 months from the date of receipt of the documentation. The refusal is considered within the same time frame.