Recognition of ownership of residential premises is the most important aspect of guaranteeing property rights. This is a free re-registration of real estate ownership, carried out in accordance with the provisions of the Law “On Privatization” through the alienation of municipal property in favor of a citizen. In accordance with the provisions of the law, the self-government body transfers the right to property to the person who uses the property. The standard privatization process allows for the exercise of property rights, but some citizens living in residential real estate as members of the owner's family have not acquired these rights. In other cases, the owner of the property did not carry out privatization and his remaining heirs find themselves in a very difficult situation. The loss of title documents that cannot be restored can also complicate the situation of recognition of property rights; then the issue of privatization must be resolved in court. It is worth noting that when privatizing a municipal apartment today, it is not necessary to immediately go to court; first of all, you should contact the local branch of the administration and ask questions, and only if it is impossible to carry out this procedure, a citizen has the right to go to court. The procedure for privatizing an apartment during pre-trial settlement is described in detail in our previous article.
Recognition of property rights through privatization through the court
Important! A citizen’s appeal to local government bodies implies the presentation of his demands for recognition of the right to real estate through privatization. In the absence of a pre-trial settlement procedure, the court will refuse to accept the plaintiff’s documents. It is on the basis of the refusal to privatize that a package of documents and a statement of claim to the court should be formed.
A citizen's appeal to the court for recognition of ownership of an apartment or land plot through privatization implies not only the existence of a basis for this, but also the direct right to such actions. So:
- the plaintiff must be a member of the owner’s family, after whom he inherits the property by law or the apartment remains without privatization, in which he is registered and lives;
- the plaintiff inherits property by will, but the lack of any documents does not allow re-registration of privatization: for example, the plaintiff inherited a house, but the plot of land is municipal property;
- the local administration refused to restore the title documents to the property after the plaintiff lost them;
- the plaintiff has the right to register a departmental apartment, for which, when transferred to the balance of the municipality, the documents were drawn up incorrectly;
- other grounds granting the plaintiff the right to privatization, without infringing on the rights of other persons.
Basic concept
There is a transfer of ownership rights to property assets free of charge from the municipality to persons who legally claim certain objects:
- apartments;
- rooms in a communal apartment or dormitory;
- garage premises;
- plots of land.
Important!
After privatization, the property becomes the property of the owner. This gives many advantages; from now on, the citizen has the right to dispose of the object at his own discretion: sell, donate, lease or inherit. The alienation of property occurs in accordance with Federal Law No. 178 “On the privatization of state and municipal property.”
The following categories of citizens can apply for objects:
- persons did not have time to exercise their right to privatize the apartment;
- the main employer died, his heirs found themselves in a difficult situation;
- title documents are lost;
- unauthorized developments.
To begin with, it is worth trying to resolve the issue of recognition of property rights through privatization from a structural unit of local authorities.
What documents need to be collected to go to court?
The complete list of documents for privatization is as follows:
- identification document;
- document of title for the property that is subject to privatization - a warrant for an apartment, a social tenancy agreement, an act confirming the allocation of land plots and other documents establishing the legality of the plaintiff to use the property;
- cadastral documents for real estate, which confirm the existence of records in relation to this property;
- technical documents - an apartment passport or a land survey file for a land plot, confirming the boundaries of the survey;
- receipt of payment of state duty.
In addition to these documents, depending on the situation, you can provide the court with any documents that confirm your residence in the apartment or use of the land. Typically, these documents include:
- receipts for payment of services and taxes, confirming a responsible attitude towards the property;
- invoices, contracts or receipts reflecting the costs incurred by the plaintiff to repair the property;
- certificate in form No. 3 confirming the registration of the plaintiff at the location of the property;
- acts of an independent examination that the plaintiff openly exercised possession of the object;
- Witness testimony confirming the plaintiff’s residence in the apartment or use of the site can be provided to the court, both in writing and orally.
Arbitrage practice
Persons in respect of whom there has been a violation of privatization rights apply to the court.
Most of the claims come from people living in apartments on the basis of a social tenancy agreement.
Is it possible to privatize an attic in an apartment building? When is advice needed on privatizing an apartment? Find out here.
What are the grounds for forced privatization of an apartment through the court? Read on.
Commercial organizations rarely go to court. This is explained by the fact that the procedure for transferring state and municipal property into ownership is clearly regulated.
Proceedings in court, the subject of which is privatization, presupposes the presence of a good evidence base. For this reason, when a conflict situation arises, it is best to turn to specialists in the field of housing and civil law.
Statement of claim for recognition of ownership of real estate through privatization
The claim is drawn up on the basis of those evidentiary certificates and documents that the plaintiff has. In no case can the statement of claim be copied from the sample; it must be drawn up individually, both in terms of identifying the defendant and in the form of the available evidence, and reflect the essence of the problem in a particular situation.
An application for recognition of property rights through privatization is submitted to the district court at the address where the object in respect of which the claim is being filed and, accordingly, the administration that issued the refusal to privatize the plaintiff is located.
The statement of claim is drawn up according to the following scheme:
- the name of the court is indicated;
- information about the parties to the dispute is recorded; plaintiff’s details – full name, residential address;
- data of the defendant - the person through whose fault there were difficulties in privatization and, therefore, violated your right; as a rule, the defendant is directly the department or department of the administration responsible for the privatization of real estate, that is, the one who refused or did not accept the documents for consideration plaintiff;
Sample statement of claim for recognition of ownership rights to real estate through privatization
Important! The statement of claim should be drawn up in great detail, but clearly and concisely. Only information that is supported by the legislative framework and evidence should be presented.
If the claim was satisfied by the court, the citizen has the right, after receiving the document, to privatize the real estate within 10 days at the expense of the municipality.
Concept
Privatization implies the transfer of municipal or state property into the ownership of citizens.
During privatization, real estate objects are sold without announcing a price (a public competition is announced) or for a set price. That is, the principle of payment applies.
Transfer of ownership is carried out for money, with the exception of:
- housing;
- property of the Russian Federation and municipalities located abroad;
- natural resources;
- land (with the exception of land on which enterprises and real estate are located);
- property of non-profit structures, in this case the conditions specified in paragraphs 7 and 8 of Article No. 3 of Federal Law No. 178 must be observed;
- municipal and state property, in cases where their transfer is regulated by a court decision.
A complete list of exceptions can be found in Article 3 of Federal Law No. 178.
Free transfer of property is possible during the privatization of housing by citizens of the Russian Federation (including minors) who have the right to use real estate.
Privatization of ownerless housing is carried out on the basis of the acquisition statute of limitations.
That is, it is necessary to openly own real estate for 15 years, after which you must apply for state registration of ownership of this object.
If the court refuses to satisfy the claim
If the court rejects the claim for recognition of property rights through privatization, the citizen has the right to appeal this decision. To do this, it is necessary to draw up an appeal, indicating the reason for the refusal of the court of first instance and the reason why the plaintiff does not agree with this decision.
Important! For all the reasons that were indicated by the district court as reasons for refusal, the plaintiff must find effective arguments.
The document is submitted to the Regional Court of the region, where the decision of the district court is reviewed. Subsequently, if the decision is again made not in favor of the plaintiff, it can be appealed to a higher authority.
Important! If the claim was rejected by the district court due to the statute of limitations, it is virtually impossible to appeal it only if the plaintiff has valid reasons for missing this deadline. Let us remind you that the statute of limitations in the case is 3 years from the date of the administration’s refusal to privatize.
Pre-trial settlement
The need for pre-trial settlement depends on the extent to which the disputing parties agree to resolve the issue without going to court.
It is allowed to carry out privatization without recourse to the courts to citizens whose actions do not affect the area of entrepreneurship.
Pre-trial settlement is mandatory for most categories of cases that can be considered in arbitration court. In accordance with Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation, a claim may be filed only after 30 days have passed from the date of filing the claim.
How much does it cost to privatize housing in Moscow? Find out here. How to cancel the illegal privatization of a land plot? Find out here.
Federal Law No. 193 of July 27, 2010 partially regulates the procedure for pre-trial settlement. According to the information contained in Article 7 of this law, the mediation procedure can be started after the conclusion of the contract. In some cases, it is permissible to begin pre-trial settlement if the agreement under which controversial issues have arisen has a mediation clause.
The pre-trial settlement agreement must indicate:
- the subject of the dispute;
- information about the mediator (intermediary);
- information about negotiations and other actions for pre-trial resolution of issues arising from the privatization of real estate;
- conditions for the costs of both parties for mediation;
- terms for resolving the conflict without going to court.
The content of the pre-trial settlement agreement must fully comply with the legislation on mediation (Article 8 of Federal Law No. 193).
Mediation may be appropriate if the parties are business entities. It is a broader concept than the usual pre-trial settlement. Mediation can be used at each stage of the case in court, before a final decision is made.
If a response to the letter about the pre-trial conflict resolution procedure is not received within 30 days, the proposal for mediation will be considered rejected.
After which there will be a need to establish ownership through the court.
To the Omsk District Court of Omsk 644031, Omsk, st. Omskaya, 194 A
Plaintiff: N., Omsk region, Omsk district, Nikolenko village, st. ..., d. ..., apt. ...;
Defendants: Administration of the Omsk municipal district of the Omsk region, 644009 Omsk, st. Lermontova, 171A;
Territorial Department of the Federal Agency for State Property Management in the Omsk Region, Omsk, st. Tarskaya, 11
Statement of claim for recognition of property rights through privatization
In 1991, the Pervomaisky state farm provided me with apartment No. __ for living at the address: Omsk region, Omsk district, Nikolenko village, st. ____, d. __. No warrant was issued upon move-in. The apartment was provided for use under a social tenancy agreement based on a joint decision of the administration and the trade union committee of the Pervomaisky state farm.
According to Art. 2 of the Federal Law “On the privatization of housing stock in the Russian Federation”, citizens of the Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock under the economic management of enterprises or the operational management of institutions (departmental fund), on the terms of social rent, have the right to consent of all adult family members living together, as well as minors aged 14 to 18 years, to acquire ownership of these premises under the conditions provided for by this Law, other regulations of the Russian Federation and constituent entities of the Russian Federation.
In accordance with Article 11 of the Law on the Privatization of Housing Stock in the Russian Federation, every citizen has the right to acquire ownership free of charge, in the manner of privatization, of residential premises in the state and municipal housing stock for social use once.
Currently, the Pervomaisky state farm has been transformed into Pervomaisky CJSC.
Clause 1 of the Decree of the President of the Russian Federation dated January 10, 1993. No. 8 “On the use of social, cultural and communal facilities of privatized enterprises”, it was established that during the privatization of federally owned enterprises, housing facilities could not be included in the privatized property. These objects, being federal property, were to be administered by the administration at the location of the object.
According to Art. 18 Federal Law “On the privatization of the housing stock of the Russian Federation”, upon the transition of state or municipal enterprises, institutions to another form of ownership or upon their liquidation, the housing stock, which is under the economic management of enterprises or the operational management of institutions, must be transferred to the economic management or operational management of the legal successors of these enterprises, institutions (if they are identified) or under the jurisdiction of local self-government bodies of settlements in the prescribed manner, preserving all housing rights of citizens, including the right to privatize residential premises.
According to Art. 64 of the Housing Code of the Russian Federation, the transfer of ownership of residential premises occupied under a social tenancy agreement, the right of economic management or the right of operational management of such residential premises does not entail termination or change in the terms of the social tenancy agreement.
Thus, when a state farm was corporatized, the housing stock had to be transferred to municipal ownership with the preservation of all housing rights, including the right to privatization. If the residential premises are not transferred to municipal ownership, the right to free acquisition of ownership of such premises is retained.
Currently, I wanted to exercise my right to privatize residential premises, however, it is not possible to do this administratively.
By an act dated November 5, 2009, the disputed residential premises were written off from the fixed assets of Pervomaiskoye CJSC.
In accordance with the letter of the Administration of the Omsk Municipal District of the Omsk Region dated August 14, 2009. No. 01-16/3420, property at the address: Omsk region, Omsk district, Nikolenko village, st. Tsentralnaya, 7, apt. 1 is not listed in the property register of the Omsk municipal district of the Omsk region.
In accordance with the letter of TU FAUGI for the Omsk region dated 07/03/2009. No. TU-8378, property at the address: Omsk region, Omsk district, Nikolenko village, st. ____, building __, apt. __, is not listed in the federal property register.
In accordance with the letter from the Ministry of Property Relations of the Omsk Region, the disputed premises are not listed in the property register of the Omsk Region.
Thus, the residential premises I occupy are not included in either the federal property register or the municipal property register, and legally have no owner.
In accordance with Art. 8 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”, in the event of a violation of the rights of a citizen when resolving issues of privatization of residential premises, he has the right to go to court.
In accordance with the Resolution of the Presidium of the Armed Forces of the Russian Federation dated August 10, 2005. (review of judicial practice), if a citizen, for reasons beyond his control, cannot exercise his right to privatize residential premises belonging to him under a social tenancy agreement, then he has the right to apply to the court with a claim for recognition of his property rights in court.
Previously, I did not use my right to privatization, which is confirmed by the certificate of the State Enterprise of the Omsk Region “OTsTIiZ” No. 31.
Based on the above, I ask the court:
1. Recognize for N. ownership of residential premises located at the address: Omsk region, Omsk district, Nikolenko village, st. ____, house __ apt. __, in order of privatization.
Application.
1. Copies of the statement of claim * ; 2. Copies of technical passport; 3. Copies of the certificate of use of the privatization right No. 31; 4. Copies of the letter from the Administration of the Omsk municipal district dated August 14, 2009; 5. Copies of the letter from TU FAUGI in the Omsk region dated 07/03/2009; 6. Copies of the letter from the Ministry of Property Relations of the Omsk Region dated July 10, 2009; 7. Copies of the act on write-off of fixed assets; 8. Copies of personal account; 9. Copies of a certificate of absence of a warrant; 10. Copies of the Federal Reserve's message about the refusal to provide the requested information; 11. Copies of extract from protocol No. 3; 12. Copies of the social tenancy agreement; 13. A copy of the representative’s power of attorney; 14. Receipt for payment of state duty.
Representative by power of attorney N. ____________
* From October 1, 2019, the plaintiff must independently send the statement of claim and its attachments to the participants in the process
Until October 1, 2021, the plaintiff sent to the court copies of the statement of claim and appendices to it according to the number of defendants and third parties, and the court sent the received documents to all participants in the process named in the claim.
From October 1, the plaintiff must independently send to other participants in the process a copy of the claim and other documents attached to the claim, and provide confirmation of their sending to the court (clause 6 of Article 132 of the Code of Civil Procedure of the Russian Federation).
In paragraph 1 of the appendix to the above statement of claim, reference should be made to “a notice of delivery or other documents confirming the sending to the defendants of copies of the statement of claim and the documents attached to it, which they do not have.”
See all “statements of claim for the privatization of housing – apartments, rooms”
All documents to the court (procedural documents):
Statements of claim to court; Applications to court (public legal relations, special proceedings..); Petitions to court, statements; Objections (response) to the statement of claim, complaint, arguments to the court; Complaints to the court (appeal, cassation, supervisory, private); Complaints against a decision in a case of an administrative offense; Complaints to the prosecutor's office and other authorities; Complaints, statements, petitions in criminal proceedings; Other procedural documents; Pre-trial claims (samples), demands, responses to claims.
Step-by-step instruction
After you have gone through the pre-trial procedure, that is, received a refusal from the administration (executive committee), you have grounds to file a claim in court. But to do this, you really must have the right to privatize the object , which you can prove at court hearings. For example:
- You were a member of the family of the owner, after whom the property was inherited by law. In addition, there remains an apartment without privatization in which you are registered (live).
- Or the property is inherited according to a will, but some documents are missing that do not allow re-registration of privatization. Let's say you got a house, but the plot of land under it is not privatized and belongs to municipal property.
- The title documents for the facility have been lost, and the executive committee refuses to restore them.
- Former departmental apartments, when transferred to the balance of the municipality, were not properly registered, which made it difficult (impossible) to re-register them.
There may be quite a few similar reasons. The most important thing is that you have the right to privatization, but this right is infringed by unscrupulous workers or for reasons beyond anyone’s control.
Required documents
Collect documents, which should include everything that reflects your right to the property. The complete package of documents is as follows:
- A title document for an object subject to privatization. This includes any certificate or act confirming the allocation of a land plot or permission to build a garage. Perhaps this is an order for an apartment or an exchange agreement. In general, this type of document includes everything that states the legality of your use of the object.
- Cadastral documents for real estate. These include everything that confirms the existence of records in relation to the object, ideally cadastral passports.
- Technical documents. They vary depending on the type of property. For an apartment or garage, documents from the BTI are required. For the landowner - a land survey document confirming the presence of the boundaries of the site.
In principle, these documents should already be collected, since they were necessary for applying to the privatization department of the administration.
In addition, create an evidence base supported by documents. These include any documents that confirm your residence in the apartment or use of the memory, its processing.
First of all, such documents will include payment receipts, as this confirms your responsibility in relation to the property.
Take a statement confirming your registration at this address, if available. In addition, collect all possible information that confirms the designated task.
If you have any difficulties, contact an independent expert who will draw up a certificate of your residence in the apartment or use of the plot, garage and other real estate. Testimony from neighbors and acquaintances is also suitable. You can also find out the necessary documents for recognition of ownership due to acquisitive prescription here.
Drawing up an application
Based on the certificates supported by evidence, draw up a statement of claim. A sample of it can be found on the Internet, but keep in mind that under no circumstances should it be copied.
In each case, the application is individual in nature and must be based on those specific problems and the evidence you have collected that reflects exclusively the essence of your problem situation.
You can only see how the application form is drawn up and what arguments are given to ensure that it is drawn up correctly. For the rest, rely on your information.
First, determine the jurisdiction of your claim. The application must be submitted to the district court of the district where the administration that refused your privatization is located.
Accordingly, your property against which the claim is being filed should be located in the same area. The name of the designated court and information about the magistrate to whom the claim is being filed must be the first in your statement of claim.
The statement below contains information about the parties to the dispute. They are the plaintiff and the defendant. Naturally, you will act as the plaintiff, and your data should be entered as the plaintiff’s data. The defendant will be the person through whose fault the difficulties in privatization occurred and who violated your right.
This may be an employee who dealt with your issue and did not resolve it properly due to his negligence or due to his false beliefs. But usually the defendant is determined to be the head of a department of the executive committee or the head of the administration.
In order to accurately determine the identity of the defendant , pay attention to the data of the person who signed your refusal to privatize or did not accept your documents for consideration by the commission.
It is quite possible that the defendant will be the chairman of the administrative commission who signed the protocol. The most important thing is that it is a fixed signature, the actual initiative of an official or authorized person.
In the main part of the statement of claim, describe in detail the technical and cadastral characteristics of the property, as well as the reason for filing the claim. Try to make the statement as detailed as possible, but concisely. Provide information that is supported by the legal framework.
At the end, put the date, signature and list all the documents attached to the application. If the defendant is not one official, but two or more, each of them must prepare a package of photocopied documents.
See a sample form for filling out a claim here.
Do not forget to pay the fee and attach a payment receipt to the package of documents. In your case, it will be 200 rubles, since your claim is not of a property nature, and privatization must be carried out free of charge by the municipality.
After the trial, its result will be announced and also issued to the parties against signature in the form of an extract.
This document has maximum legal force to the extent that it reflects the court's decision.
If the claim was satisfied , you have the right, 10 days after receiving the document, on its basis, to carry out the process of privatization of the real estate against which the claim was filed.
