If I refused privatization, is it possible to restore 2021?

Real estate agent Natalya Gudyma answers:

Privatization is possible without problems if all registered residents give the go-ahead. But if one person is against it, then there are three ways.

Ask him to deregister if he does not claim ownership.
Ask him to write an official refusal, certified by a notary, in favor of other residents. That is, he will not be the owner, but will automatically become a lifelong user of the apartment. Therefore, if you later want to sell the apartment, you will need him to voluntarily deregister.
Send him an official letter inviting him to participate in the privatization of the apartment. It is best by registered mail with notification. This will be a good basis for resolving this issue in court.

How to privatize housing if your ex-husband does not live in Russia?

Children did not participate in privatization. Are they the owners of the apartment?

What rights does a person have if he refuses privatization?

Refusal to participate in privatization is formalized by a notary. To do this, you should go to the notary at your place of residence with documents for the apartment and a passport. After which the notary, in compliance with minor formalities (for example, clarifying the reason for the refusal), certifies this document. At the same time, it is impossible to refuse privatization in favor of a specific person, because the share of the person who refused is divided equally among all those participating in the privatization.

Naturally, in order to renounce a right, one must have such a right. Any adult citizen permanently residing in municipal housing may not participate in its privatization by registering a refusal to participate. It should be noted that despite the fact that a citizen refuses to participate in privatization, he must give consent to its implementation.

Deputy General Director of the Bon Ton real estate agency Valeria Tsvetkova answers:

Unfortunately, in this case your options are seriously limited. Privatization is the free and voluntary transfer of apartments into the ownership of citizens: no one can be forced to act under duress, even through the courts. In your situation, all that remains is to build a dialogue and try to provide sufficient arguments for the other family member to agree to privatization.

Is it possible to challenge privatization because of a child?

Is it possible to privatize a dorm room?

Refusal from privatization: procedure and consequences

If one of the persons decides not to take advantage of the opportunity to obtain ownership of housing, it can be registered in the name of other citizens registered in it. The application must be certified by a notary. Refusal of privatization does not deprive citizens of the opportunity to use the premises. However, the law provides exceptions to this provision. So, according to Art. 31, part 4 of the Housing Code, in cases where family relations with the owner are terminated, the right of use is not retained, unless otherwise provided in the agreement.

Privatization of residential premises allows a citizen to dispose of them at his own discretion. Own real estate can be rented or leased, sold, bequeathed, donated, exchanged, or made other transactions that do not contradict the law. At the same time, after privatization, a citizen acquires a number of responsibilities. In particular, the owner bears the burden of maintaining the property in full. According to the provisions of the Tax Code, he is obliged to pay tax on the area he owns. Its calculation was previously carried out in accordance with the inventory value.

This is interesting: Tax deduction for privatization of an apartment

How to restore your rights to privatization

Being married, she refused to privatize the apartment (1/2 each - husband, son), the apartment was received for the family, after the divorce the husband survives from the apartment. Is it possible to restore my rights to privatize this residential premises? If possible, what needs to be done for this? Where to go? What documents are required?

In the case you indicated, this can be done if you prove that you were misled, you did not know and did not realize the legal consequences of the actions taken. But if there is a notarized refusal of privatization, then, alas, it will be almost impossible to challenge this fact.

Cancellation of apartment privatization

searching for relevant documents required for transfer to the municipality;
filing an application requesting deprivatization in favor of the state;
sending the listed documentation to the local administration and waiting for a response from the municipality;
drawing up an appropriate agreement on the transfer of privatized housing back to state authorities;
re-conclusion of a social tenancy agreement for living in an apartment.

applicants' identification documents;
title papers for the premises (that is, a certificate from the Unified State Register and a privatization agreement);
a certificate confirming the absence of restrictions and debts on the apartment;
application for refusal of housing;
permission from the PLO to carry out the deprivatization procedure;
an extract about persons registered at the address;
a certificate from the tax service certifying payment of property tax.

Revolution! Those who refuse privatization can now be discharged

The Supreme Court indicated that the superficial consideration of such cases by lower courts was incorrect, the established ban on the discharge of those who refused privatization and the preservation of their right to use an apartment (in fact, eternal) is contrary to the spirit of the law and cannot be absolute, which is completely contrary to previously existing practice and makes it possible fight for your rights and discharge an unscrupulous tenant.

Of course, all of these disputes are purely evaluative in nature and convincing the court of the need to forcefully deregister a relative is not an easy matter, but! Until September 1, 2014, going to court to get someone who refused privatization out of their apartment was just not stupid; there was a legally enshrined prohibition that was not challenged by anyone and was not questioned by anyone. Lower courts issued refusals to satisfy such claims and it seemed that there was no more hope.

This is interesting: What documents are required for privatization before 1998

Registration of refusal of privatization

privatization of housing can be carried out by those citizens who are registered in this apartment on a permanent basis;
registration requires the consent of all adults living in municipal or public housing;
if a minor lives in the apartment, he may be required to give his consent, provided that he is at least 14 years old;
All citizens of the country have the right to take advantage of privatization, but only once, etc.

Registration of a refusal is cost-effective only if no other persons live in the apartment besides the parents and the child. If an outsider has permanent registration in municipal housing, the share of the “refusenik” will be divided proportionally between each person with whom a social tenancy agreement has been drawn up.

Registration of refusal of a share in a privatized apartment

An adult (over 18 years of age) and a legally capable citizen has the legal right to transfer, for a fee or free of charge, his share in a privatized apartment to any other citizen. This could be his relative, for example, mother, father, daughter, sister, brother, grandmother. The law does not prohibit such action.

This is interesting: What to do if the documents for privatization of an apartment are outdated

Usually citizens issue a waiver in favor of a relative. There are no restrictions on such transactions by law, except for the shares of children. A relative can buy a share or accept it as a gift. When donating, you will not have to pay income tax. If a citizen refuses a share during privatization, then his part will be equally divided among the remaining owners.

When is it considered illegal?

In what cases is it possible to invalidate a process? Not every privatization procedure is considered illegal .

The legislator has established only a number of factors that, one way or another, may influence the consequences of the procedure to be rejected . So, let's look at some of them:

If it was carried out on behalf of a minor citizen, then it is likely that such an action could be challenged in court, but for what reason? The fact is that a minor, due to his age, cannot fully understand the full responsibility of the decision, and his representatives can make a transaction, guided not by the interests of the child, but by their own benefit. If this fact is proven in court, the procedure will be considered invalid.
If a citizen was declared incompetent, and this procedure was also carried out on his behalf, there is every reason to try to recognize the process as illegal, since the person cannot fully understand the full responsibility of the actions he carries out.
If there is a limited capacity, then such a procedure is also called into question. The last reason, which somewhat stands out from the general series, is due to the fact that the person, agreeing to the transaction, could not and for certain reasons was not at all aware of all the consequences of the action being taken.

The reasons do not end there; there are many of them, depending on the specific situation. Within the framework of this article, you and I have examined the main ones cited in judicial practice.

Another case when privatization may turn out to be illegal is due to the fact that the procedure itself was directly violated .

This is manifested in the fact that the papers were drawn up in an invalid manner, incompetent persons were involved, as well as other dangers.

Another case of illegal appropriation of housing is the implementation of actions that simply do not have the right to carry out privatization .

One of the most significant violations is the signing of all available papers by a person who is incompetent in this matter.

Find out from our articles about the rights and obligations of the owner and those prescribed in a privatized apartment, what the owner of privatized meters will have to repair at his own expense, as well as how to refuse to participate in the procedure.

Conditions for declaring illegal

Privatization is considered illegal and is subject to cancellation on the following grounds:

The transaction did not involve a person registered in the apartment at the time the contract was concluded and who had not previously taken part in privatization. If there was no voluntary refusal to participate in the process, the citizen can be included in a new agreement and receive a share in the apartment.
Some of the persons listed in the agreement had previously participated in privatization, and this fact was hidden by them when signing the document.
Forged documents were used in privatization.
Infringement of the rights of a minor citizen by not including him among the persons participating in the process.
When establishing the fact that a person is in an inadequate state, misleading him, signing an agreement under pressure or under the influence of threats.
Incapacity of any person involved in privatization.
Exceeding the powers of a person holding a power of attorney.
Lack of authority on the part of the owner of the institution that concluded the contract.

begin the process of challenging privatization by filing a lawsuit in court if at least one of the listed conditions is present. The regulations for carrying out this procedure are contained in Article 209 of the Civil Code of the Russian Federation, as well as Article 9.1 of the Law “On the privatization of housing stock...”.

Cancellation of apartment privatization

applicants' identification documents;
title papers for the premises (that is, a certificate from the Unified State Register and a privatization agreement);
a certificate confirming the absence of restrictions and debts on the apartment;
application for refusal of housing;
permission from the PLO to carry out the deprivatization procedure;
an extract about persons registered at the address;
a certificate from the tax service certifying payment of property tax.

searching for relevant documents required for transfer to the municipality;
filing an application requesting deprivatization in favor of the state;
sending the listed documentation to the local administration and waiting for a response from the municipality;
drawing up an appropriate agreement on the transfer of privatized housing back to state authorities;
re-conclusion of a social tenancy agreement for living in an apartment.

26 Jun 2021 stopurist 909
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Lawyers' answers (2)

Hello, Anton! There is no direct reference to mandatory notarization of refusal of privatization in any legal act. Even after looking through, for the sake of interest, several Administrative Regulations for the provision of municipal services by the administration of a locality,

none of them in the list of documents required to provide talks about a notarized refusal, only about a notarized power of attorney and nothing more. Therefore, I consider the requirement of a notarial refusal, if a person is able to personally be present during the preparation of the privatization agreement and its registration, to be an initiative of local government bodies.

Sincerely, Irina!

Client clarification

What if you justify it like this?

according to N 122-FZ “ON STATE REGISTRATION OF RIGHTS TO REAL ESTATE PROPERTY AND TRANSACTIONS WITH IT” Art. 18 clause 1 of the requirements for documents submitted for state registration of rights - “Documents establishing the existence, origin, termination, transfer, limitation (encumbrance) of rights to real estate and submitted for state registration of rights must comply with the requirements established by the legislation of the Russian Federation, and reflect the information necessary for state registration of rights to real estate in the Unified State Register of Rights. These documents must contain a description of the real estate and, unless otherwise established by this Federal Law, the type of registered right and, in cases established by law, must be notarized, sealed, and must have the proper signatures of the parties or officials specified by law.”

Refusal of privatization is a transaction entailing the emergence of property rights in one person and the termination of possible property rights in another person.

At the same time, according to the Civil Code of the Russian Federation Art. 163 clause 2.3 Notarization of transactions is mandatory:

1) in cases specified in the law;

2) in cases provided for by agreement of the parties, at least by law, this form was not required for transactions of this type.

3. If notarization of a transaction in accordance with paragraph 2 of this article is mandatory, failure to comply with the notarial form of the transaction entails its nullity

Moreover, the cases specified in the law are the Civil Code of the Russian Federation, Art. 8.1 clause 3 State registration of rights to property in cases provided for by law or agreement of the parties, a transaction entailing the emergence, change or termination of rights to property that are subject to state registration must be notarized

13 October 2014, 16:37

I don't think this is an argument.

in cases established by law must be notarized,

There is no legally required notarization of the waiver of the right to participate in privatization.

in cases provided for by agreement of the parties, at least by law this form was not required for transactions of this type.

The parties may not reach agreement on this issue.

Client clarification

1. Tell me which document says that when refusing to participate in privatization, a person must sign the refusal in the presence of an official from the administration.

2. Second question: tell me the validity period of the certificate of non-use of the privatization right (with a link to the document), which must be provided when concluding a privatization agreement.

Description of the situation - my mother privatized the apartment for herself alone. When I found out about this, I took the documents from the Rosregistry submitted for registration of property rights, and at the same time tore up my application for refusal (the original completed in 2010). Then she re-collected the documents from somewhere and quietly finalized the ownership rights. I filed a statement with the court describing the situation and at the trial it turned out (all defendants confirmed that) the case involved a new statement dated April 17, 2013. My mother and sister also participated in it, while my sister had to be with a different name when signing the refusal ( which she took in 2011 upon marriage) and the sister’s surname and signature are old (it seems that in the haste to forge documents they did not take into account the change of her surname). At the trial, a representative of the administration certifying the refusal of privatization and my mother and sister agreed that the signature was put under the old names back in 2010 without indicating the date in the document, then my mother came and added a new date (while everyone agrees that I was not present on 04/17/2013 g. at the same time, I was not there on this date) came to the privatization department of the administration of our city and the privatization specialist certified this refusal of privatization without me and without my mother.

See also: Head of local administration status of powers

3 The question is whether this can happen legally.

24 October 2014, 11:48