How to deprivatize an apartment with a minor child

Deprivatization and deprivatization - what is the difference?

Deprivatization means that the judicial authorities made a decision to terminate the real estate privatization agreement in accordance with the stipulated norms prescribed in the civil code.

The main difference between deprivatization is the voluntary renunciation of ownership of housing in favor of local governments, followed by the conclusion of a lease agreement on the grounds provided by law.

How does the deprivatization process take place?

At the moment, the legislation provides for two ways to deprivatize real estate, which differ significantly:

Voluntary transfer of property to the balance of city self-government authorities with the subsequent conclusion of a social rental agreement.
By decision of the judiciary upon discovery of laws prescribed in the civil and criminal codes.

Is it possible to deprivatize housing?

Let us consider questions about the possibility of deprivatization depending on the circumstances.

Deprivatization by agreement. A tenant who wants to return the property to the authorities enters into a termination agreement with them, after signing which he loses his rights to own housing. The termination agreement is signed by all persons involved in the privatization of the residential premises. If one of the owners refuses to sign the document, then deprivatization becomes impossible. In this case, the problem will have to be resolved in court.
Is it possible to deprivatize an apartment without the consent of the owner? Yes, if the privatization agreement was declared invalid in court. A common reason for such a decision is an illegal transaction that violates the law or the rights and interests of other persons living in the apartment under a social tenancy agreement. The initiator of deprivatization in this case is the municipality.
If one of the owners is a minor citizen, then deprivatization is possible only with the consent of the guardianship authorities. Consent is easy to obtain if the authorities consider that the procedure does not violate the interests of the child and does not worsen his quality of life.

Reasons for deprivatization of housing

At first glance, it seems a rather strange decision to transfer property free of charge to the balance of the city government, thereby depriving oneself of the right to dispose of real estate at its own discretion. However, this phenomenon has its own justified reasons.

The reasons for the voluntary renunciation of property rights and further deprivatization may be some factors, such as:

In addition to paying for utility services, property owners are annually required to pay a real estate tax, which does not apply to municipal housing. In this case, we are talking about significant numbers for certain categories of citizens. The standard rate ranges from 0.1% and can reach up to 2% depending on the area and the value of the property.
The cost of paying for utility services in privatized real estate is significantly higher than in rented apartments.

How to remove housing from privatization?

Before carrying out the procedure, you must ensure that all conditions for voluntary deprivatization are met:

the apartment must be the only residence for the applicant;
availability of consent of all owners;
absence of encumbrance;
no debt on mandatory payments (real estate tax, housing and communal services, rent);
absence of illegal redevelopment.

Let's look at the order of the procedure.

Where to go?

The transaction is formalized by local authorities. The owner needs to contact the housing department. If the conditions for deprivatization are met and all participants agree to transfer the housing into ownership to the municipality, then the procedure will proceed without delay.

Statement

The document must contain:

In the header of the application is the address of the administrative body and the full name of the head of the housing department.
Under the title of the document (“Application”) is a statement of the purpose of the appeal. Example: “I ask you to accept ownership of the apartment.” The following are the characteristics of the living space: address, number of rooms, area.
Grounds for transfer of ownership of housing (transfer agreement number, date of registration). The number of the certificate of ownership and the date of its registration are also indicated here.
The composition of the owners is listed below: full name, date of birth, passport details, degree of relationship.
The consent of all owners to deprivatization is expressed (signature with transcript).
Signature of the official accepting the application and the date of receipt of the application.
Application. In this paragraph you need to list all the documents that are provided along with the application.

The application is accepted in the presence of all owners, including minors, or their legal representatives.

Documentation

Along with the application you must submit:

copies and originals of passports of all participants in the procedure;
extract from the Unified State Register of Property Rights;
privatization agreement;
floor plan with explanation;
extract from the house register;
certificate from Rosreestr about the absence of encumbrance;
account number.

REFERENCE: The procedure for deprivatization may differ depending on the region. In some cases, you may need a certificate from the Federal Tax Service on the absence of debt on real estate taxes and a certificate from the HOA on the absence of debts on utility bills.

Permission from guardianship authorities

The consent of the guardianship authorities is required if one of the owners is a minor or incompetent person. The authorities check the transaction to ensure that the interests and rights of the person are respected. If a child or an incapacitated citizen did not participate in privatization, but was simply registered in this apartment, then consent is not required.

To obtain permission, you must submit an application with mandatory justification for your decision to the local guardianship and trusteeship authority. In the statement, it is important to emphasize that the procedure will not worsen the life of a minor and will not violate his rights and interests.

Terms of consideration

The application and documents are reviewed by an employee of the housing administration department within 2 months. The deadlines may be delayed due to the lack of necessary documents or detection of violations on the part of the applicants:

debts for housing and communal services;
unpaid property taxes;
lack of consent of one of the owners;
illegal redevelopment, etc.

What to do after a positive decision?

After reviewing the application, the administration and applicants sign an agreement on the transfer of housing ownership to the municipality. All owners must be present at the signing of the document. Next, this agreement is sent to Rosreestr for registration of property rights. Then a social rental agreement is concluded between the residents and the administration.

Reference. To obtain the right to reside in this living space as tenants, the former owners must have permanent registration.

How to deprivatize an apartment with a minor child?

There are some special rules that limit or create certain difficulties during deprivatization:

This process is impossible in case of obtaining rights to real estate by inheritance.
If the apartment was purchased by the owner.
In the case of a share falling on children and disabled people, permission from the guardianship services of the city government will be required.
The presence of a lien on real estate.
The apartment is registered as collateral.
The owner does not actually live in this living space.

Documents for deprivatization of an apartment

List of required documents:

The right establishing documents for real estate.
Confirmation of the absence of prohibitions or restrictions from the real estate registration authorities.
Clippings from the home book about all registered citizens for the entire period.
Certificates from the BTI authorities.
Confirmation of the identity of the owner (passport) or group of owners.
Payments for the absence of debts.
Payment of state duty (receipt).

Conditions and methods of deprivatization of an apartment

Legislative acts provide for the possibility of transfer by low-income persons of real estate that was privatized before 2007 inclusive, subject to two conditions:

Real estate transferred into the ownership of municipal authorities must be the sole place of residence of the owner, otherwise the transfer of property to the balance of city authorities is prohibited.
Absence of any debt obligations for this object to financial organizations (banks, utility companies or on the basis of collateral obligations).

There are two available methods of deprivatization:

By decision of the court, at the request of persons having to challenge the right of ownership in accordance with the law or the request of the prosecutor's office, upon discovery of facts provided for by the relevant acts.
Based on a voluntary transfer agreement with municipal authorities of local governments.

Timing and cost of apartment repurchase

The deadline for deprivatization is March 1, 2021. It takes two months to terminate a real estate contract, starting from the date of application.

Features of deprivatization through the court

The privatization agreement, in court, can be terminated under the following conditions:

If the fact of threats, violence, or deception to conclude a deal is confirmed.
Concluding a deal by deception.

If a positive decision is made by the judicial authorities, the property becomes city property, and a lease agreement is concluded with the former owner.

There are often situations when, while the property was owned, it was sold, in some cases even more than once.

And then one fine day the next owner is notified that the privatization agreement has been declared invalid, and according to the law, this property is transferred under a social agreement to the first owner or to certain categories of citizens who have the right to challenge the legality of privatization.

It is for this reason that before purchasing it is worth trusting professionals to check the history of the property and verify the legal grounds for privatization.

The following categories of citizens have the right to challenge privatization:

Participants in the shared registration of property in private hands (if they prove that the privatization process was carried out by deception or in violation of their rights).
Family members of the original owner (heirs, sisters, brothers, minor children, etc.).
Social guardianship authorities or legally acting as trustees (if the original owner has people with disabilities or minors in his care).
Prosecutor's office in case of violation of the privatization process or in case of detection of a criminal component (threats during the process or evidence of deception by the interested party).

The law provides for a period of three years to challenge the privatization process. By decision of the courts, this period can be extended, but you will have to confirm that the deadlines are postponed for a good reason.

Grounds for invalidating a contract

A privatization agreement may be declared invalid if it was:

concluded by an incapacitated person;
concluded in violation of law and morality;
concluded by a minor citizen without the consent of guardians or parents;
signed by a person who was misled;
imprisoned under the influence of threats and psychological pressure;
concluded fraudulently in order to obtain benefits from a person interested in the transaction.

Reference. The general grounds are described in Art. 168, 169, 171, 176, 177, 178, 179 of the Civil Code of the Russian Federation. The nullity of the agreement is proven in court.

The privatization agreement is a voidable transaction.

Voluntary procedure for deprivatization of an apartment and its consequences

After submitting and verifying all the necessary documents, the law allows two months for registration and transfer of real estate to the balance of the city government, the start of the countdown is the deadline for submitting the request.

The next step should be to register the agreement at the location of the property with the state registration authorities.

At the end of the contract accounting procedure, the former owner is provided with a certified copy of the fact of transfer of property, and appropriate entries are made to the government accounting authorities.

After the official certification of the contract, the state is obliged to provide residential premises within fifteen days from the date of transfer of ownership rights, and the person is obliged to use this living space directly for their own residence.

In this case, the state assumes the following obligations:

Carry out repairs to the property to bring it into proper condition.
If relocation is necessary, in accordance with legislative acts, local authorities are obliged to provide a place of residence in accordance with all standards of sanitary and technical legislation.

In turn, the tenant has the following obligations:

Maintaining the appropriate sanitary and technical condition of the property received in accordance with the lease agreement.
If you want to redevelop a residential premises, you will have to contact the relevant authorities at the city government department to obtain permission.
Ensure unimpeded access for control authorities to conduct checks for compliance with all standards provided for by law.
If it is necessary to place a secondary lease, you will need to obtain permission from the control authorities.
Ensure timely payment of all payments, otherwise the state has the right to terminate the contract.

To conclude a social rental agreement you will need:

Information about the real estate transferred for rent in accordance with the requirements of legislative acts and bills of the relevant authorities.
Indication by name of all members of the parties to the agreement.
All former owners and his immediate family.

An important point is the fact that all former owners are deprived of the right to privatize this living space.

Consequences of the procedure

After deprivatization, the participant in the procedure loses ownership of the living space. He will not be able to sell, exchange, donate, or inherit the apartment. This is all that this procedure threatens. At the same time, he receives some privileges: no need to pay property taxes, make payments for major repairs, or make necessary routine repairs in the apartment at his own expense.

IMPORTANT : Deprivatization does not deprive the right to live in an apartment. He reserves the right to live indefinitely on the basis of a social tenancy agreement, which is concluded after the transfer of housing to the municipality.

The consequences of the procedure also depend on how the property was deprivatized - voluntarily or through the court:

If the initiator of deprivatization was the owner himself, then in the future he will no longer be able to privatize municipal real estate for free. In accordance with Art. 11 Federal Law No. 1541-1 dated July 4, 1991, a person has the right to free privatization only once. If a citizen voluntarily gives up property received free of charge, then he will no longer be able to use his right to receive real estate on the basis of a social tenancy agreement a second time.
If the privatization agreement was terminated in court on the basis of violations, then the owner can subsequently privatize the housing a second time, since the previously concluded transaction was declared invalid in court.

How is deprivatization beneficial to the authorities?

Due to the rather modest pace of construction of social real estate in large cities, there is a significant shortage of real estate. Thus, the state is trying to solve the problem of filling social funds with little blood.

These square meters are often used to reduce the queue for real estate, thus significantly relieving the housing stock of the region.

Finally, it is worth recalling that the process of transferring real estate to the city’s jurisdiction occurs on a voluntary basis and recall that the former owner changes his status from owner to tenant, which accordingly significantly limits the right to dispose of real estate.