How to formalize refusal of privatization. Is it possible to refuse privatization? Right of lifelong residence

Participants in the process

The contract must specify the responsible tenant; he can be the initiator of the process.

But at the same time other members of his family live with him: spouse, children, grandchildren or parents.

All of them have the right to become a participant in privatization, but on condition that the housing in which they live together is transferred from state ownership to their ownership.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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All registered adult citizens can give written consent.

Positive points

Such as:

Negative side of the issue

He is not the owner, which may mean that he does not have legal rights of complete disposal; he can only live, but cannot bequeath or sell.

Options for resolving the situation in court

If for some reason you believe that your authority has been clearly violated, then you can challenge the refusal only in court when filing.

But there are other points that can be protested:

It often happens that loved ones force an unwilling family member to participate in the procedure	If forced compulsion to enter into an agreement is proven in court, then this transaction may be declared invalid, and the results will be canceled by a court decision.
Other “cunning” relatives try with all their might not to involve a person in concluding a privatization agreement, not to allocate him a legal share	deliberately submit false claims to the courts to declare a citizen missing. And if it is proven that they pursued their own selfish goals and did not take into account the interests of other registered persons, then justice will be restored and the results will be revised
Or another common case - a child went abroad to study and was deregistered	his parents took advantage of this situation and carried out registration without taking into account his interests. Upon careful analysis of the situation by the judicial authority, in any situation it will be established that an adult, due to circumstances, would not be able to express his consent, but he was registered and went to study, and was not registered at a new place of residence. This procedure is also subject to revision, where the interests of the absent person will be taken into account

Refusal from privatization can be issued in two ways: personally write an application or submit an application that has previously been certified by a notary.

Submitting a written application

An application can be submitted in simple written form only in cases where the citizen:

• personally came to the Housing Committee, wrote a written refusal in the presence of an official, provided his passport, submitted an application for registration, received on the second copy the signature of an authorized employee of the local administration body, certifying the legality of the legal action;
• entrusted the writing and submission of the application to his representative, issuing him a notarized power of attorney.

Thanks to a simple written application, you can reduce the cost of filing a refusal, because When contacting a notary, you need to pay not only the state fee, but also technical and legal services.

If an employee of a local government authority, in the process of accepting a refusal application, requires that it be certified by a notary and refuses to accept other documents, then you must request a written refusal to accept documents with reference to the relevant provision of the law.

Submitting a notarized waiver

If a citizen refusing to participate in privatization does not plan to personally submit an application, then to do this he needs to visit a notary, who, in accordance with the established form, will register a consent to not participate in the privatization procedure. An application certified by a notary can be submitted by any other interested person. The personal presence of the citizen is not required.

If an application for refusal to privatize real estate is filed by a minor, then it can only be filed through a legal representative. There is no need to have such a refusal certified by a notary.

Subjects of the procedure

The subject of real estate privatization can be any citizen of the Russian Federation, regardless of his age. For a minor, such a decision is made by legal representatives (parents, trustees or guardians). Children over 14 years of age who receive the right to limited legal capacity can make an independent choice.

Consequences

For a citizen who refused to participate in the privatization of an apartment and decided to voluntarily transfer his share to one or more members of his family, the following consequences occur:

• his share is distributed among other family members equally or in another order by agreement of all parties;
• in case of sale of an apartment after privatization, the citizen will not need consent, and he will not be able to claim a share of the sale;
• he remains to live in this apartment for life and can use it indefinitely, even if it is sold;
• in the future he may exercise the right to privatize other housing, because as a result of refusal, he is considered a person who has not used the right granted to him by law.

In order for a transaction related to the privatization of an apartment to comply with all norms of the law, it is necessary that the documents are drawn up correctly, they have legal force, and all interested parties participate in the process.

The key to the success and legality of the transaction will be a complete package of documents, executed and certified properly. Therefore, it is initially better to entrust such work to qualified lawyers.

Privatization after refusal

After the official refusal to privatize one housing, a citizen can privatize another, but in this case it is necessary to check out of the apartment that will be privatized and register for another living space.

Cancellation of refusal

A citizen can only take back his refusal if he has good reasons. A refusal can be declared invalid if it is proven that the citizen was incompetent at the time of signing the documents or did not understand the consequences and significance of his actions.

This can only be done by going to court. If the court finds the citizen’s arguments convincing, then the refusal to privatize is cancelled.

Sample refusal

An application for refusal to participate in the privatization of real estate can be written by hand or printed on a special form. If it is written by hand, then in the event of controversial situations it will be possible to conduct a handwriting examination, which can prove or disprove the involvement of a particular person in this document.

The application shall indicate:

• applicant's address, full name and passport details;
• the address of the apartment, the privatization of which the applicant refused;
• information about the refusal of privatization and the reason for the refusal in favor of a specific person, indicating his full data;
• information that other permanent residents and registered persons in the apartment give their consent to the transfer of the share to one person.

In order to correctly draw up such a refusal and formalize it in accordance with the law, you should seek help from the lawyers of our portal. As a result, the process of privatization of residential real estate will take place quickly and without violations of established rules and regulations.

The program for the free transfer of state and municipal property into private ownership has been going on for more than 20 years. Initially it was assumed that it would operate for several years, during which all state property would become private property. But that didn't happen!

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

What it is

Privatization is the right of every Russian citizen to receive real estate or other property from the state, free of charge.

Is it possible to voluntarily waive my right?

Since this is a right, not an obligation, you can refuse it! This does not mean that the right will be lost.

What is privatization?

This is a government program for the transfer of ownership of municipal and public housing to citizens completely free of charge. That is, the very concept of paid privatization is meaningless.

If we apply this concept, then in the context of the purchase of state or municipal property at the market or cadastral value of the object.

It is worth understanding that the transfer of ownership of housing itself is free, and not the registration process.

That is, those citizens who have the right to use public residential premises on the basis of a social tenancy agreement can obtain ownership of it free of charge, without purchasing it at the market price from the state.
This is the principle of gratuitousness. But, since preparing documents costs a certain amount, the process is not always so cheap.

Refusal from privatization is also everyone’s right.

A citizen who has not yet used his right to privatization has the right to renounce it in favor of his relative or a stranger. At the same time, the citizen does not lose his right to privatize another premises, and this premises can be used for an unlimited time.

What is regulated

1. The procedure for providing housing to citizens under a social tenancy agreement is regulated by the provisions of the Housing Code of the Russian Federation, namely -
2. Privatization of land plots allocated by the state for use is carried out in accordance with the norms of other legislative acts.
3. Property registration occurs in accordance with

Video: what is fraught with

Grounds

The following can exercise the right to free transfer of ownership of a municipal apartment:

• all citizens who have permanent registration in this apartment;
• citizens who have not previously participated in the privatization program.
  

  The exception is children who were participants in the program before they reached 14 year old age.

The grounds for refusing privatization may be:

• reluctance to become the owner of a share in this particular apartment;
  

  This is especially true if citizens live in emergency or dilapidated housing, but which does not yet have such status. After the housing is recognized as such, the residents living in it will be allocated better housing. So it can be privatized.

• desire to help one of your relatives;
• reluctance to deal with paperwork, as sometimes it takes quite a lot of time;
• taxation;
  

  After registering ownership of the apartment, you will need to pay tax.

• other reasons that prompt refusal.

It is not considered a waiver of your right:

• previous participation in the program;
• owning a share in another apartment.

How to apply

A refusal to privatize has legal force only if it is drawn up in writing and notarized. In other cases, it will not be accepted for consideration.

When the refusal is issued, it must be submitted along with other documents for privatization to the local administration. Then the refusal will be considered valid.

Sample application

The application is written on a special form, and can be written either by hand or printed on a computer.

The application must indicate:

• applicant's passport details;
• the address where the apartment is located, the privatization of which is being refused;
• an indication that privatization is being abandoned;
• the reasons for this refusal;
• the person in whose favor the refusal occurs;
• information that the remaining relatives who are permanently registered in this apartment give their consent in principle.

Other documents

In order for a notary to certify the refusal, the applicant must submit the following documents:

• application for certification;
• passport;
• a document confirming permanent registration at this address;
• if the applicant cannot appear in person to provide documents, he can send his principal. But the latter must have a notarized power of attorney in his hands.

The application must be submitted along with other documents for privatization to the administration of the locality in which the apartment is located.

How much does it cost

The cost of refusal depends on the price list for notary services.

Prices for notary services consist of:

• notarial tariff - it is the same for all notaries and is established at the legislative level;
• the cost of legal and technical work - this figure is approximately the same for all notaries, but it may differ.

To find out the exact cost of notarizing a refusal of privatization, you need to contact a specific notary.

If the applicant does not want to write a refusal on his own and deal with the registration of the refusal, he can turn to intermediaries who will provide him with such a service. The cost of their services is about 2 – 3 thousand rubles.

Protecting the rights of citizens who refused to privatize their living space

If a citizen decides to renounce his right to privatize a specific apartment, this does not mean that he will no longer live in this premises. He has the right to use this apartment for an unlimited time.

However, there is one exception - termination of family relations with the owner of the premises.

But this norm does not apply to those citizens who refused privatization in favor of relatives living with them. It follows from this that even if family relations with the owner of the property are terminated, but the refusal was issued in his favor, then the person who refused cannot be deprived of the right to unlimited and indefinite use of this apartment.

It will be impossible to sell such an apartment without the consent of the refusenik.

If the need arises for the alienation of property rights, then it will be necessary to provide him with other housing for registration of permanent registration in it.

Consequences of failure

Giving up your right to privatization, like any other legal action, has its consequences.

These include:

• depriving a given citizen of the right to become the owner of this particular living space;
  

  The share that was due to him will be divided among others who wish to privatize. If he refuses in favor of a specific person, then this share will go to him.

• those who refuse can now use this housing for life;
  

  Waiving his right does not deprive him of the opportunity to become the owner of another apartment.

• You can privatize other housing.
  

  To do this, you need to register with it, that is, register on a permanent basis.

There are no negative consequences to refusing to privatize a specific residential property.

Questions

There are several issues that need to be addressed further.

In favor of another person

When they refuse to participate in the program in favor of another person, it is necessary to indicate the details of this person in a written refusal.

1. If ownership of the share has already been registered, then this property can be transferred under a gift agreement.
   

   This option is optimal if the gift is made to a close relative. Then it’s easier to conclude an agreement and you don’t have to pay tax.

2. If you need to transfer the share to a non-relative, then it is better to conclude a purchase and sale agreement, taking into account the rules, which spell out the nuances of providing a property deduction.

Disagreement of one of the registered

Since only those citizens who use it on the basis of a social tenancy agreement and who have permanent residence in this apartment can privatize an apartment, only those who are permanently registered in it can refuse.

Outside citizens cannot take part in privatization and, therefore, refuse it.

Can refuseniks have any additional guarantees?

After registration of the refusal, a permanently registered citizen has the right to live in this apartment for life.

Privatization after refusal

Refusal to privatize a share in a particular apartment does not deprive this citizen of the right to privatize other housing.

But in order to participate in the program, he must:

• check out of one apartment;
• and register permanently in another living space.

Only then will he be able to privatize it.

Options for resolving the issue in court

Conflict situations regarding privatization often have to be resolved in court.

Situations in which you can file a lawsuit to challenge your refusal to participate in the program:

• pressure from relatives to sign a waiver;
  

  To verify this fact it is necessary to have evidence. If this is proven, the refusal will be canceled and privatization, if it has already taken place, will be cancelled. The transfer agreement will be terminated, a new privatization will be carried out, with the participation of this relative.

• the opposite situation - relatives force a person who disagrees to privatize housing;
  

  This fact can also be proven in court. The consequences are the same - the transaction will be declared invalid.

• an attempt to deprive a minor of the right to this living space.
  

  For example, the child went to study in another country and was removed from the registration register in this apartment. But he is eligible to participate in the program. Such a transaction may also be declared invalid.

These are the most common cases of filing a claim to challenge the results of privatization. But there are other cases that must be considered privately.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Due to financial difficulties, not every person can. The country's legislation protects the interests of different segments of the population. That is why Russians once in their lives have the right to rent under a tenancy agreement. In accordance with the norms of the Constitution and other legal documents, the disagreement of one family member does not allow the transfer of ownership of the apartment. In order not to cause inconvenience to other residents, such citizens must formalize a refusal of privatization.

What does refusal mean?

Refusal of privatization involves transferring one's rights to property to other family members. The share of the person who refused will be distributed evenly between them. The refusal is documented and certified by a notary.

If the marriage breaks up, then, in accordance with the Housing Code, the right to use and own the living space for other family members is not retained. If an agreement has been concluded between the owner of the property and his family members, then the right of use is determined in accordance with it. The only exceptions are minor children, who can live in the parent’s living space even in the event of divorce (Family Code of the Russian Federation).

It is worth noting that Article 19 of Federal Law No. 189 protects the rights of family members living in housing at the time of privatization, but who refused in favor of other persons. They have the right to use the apartment for an indefinite period, even after divorce. The Supreme Court also adheres to this position.

Privatization is not possible if:

1. There is no information about registration since 1991. Such persons may have already participated in privatization.
2. The housing has undergone illegal redevelopment. The possibility of registering it as property occurs only when it is legitimized.
3. Not all residents agree to the procedure, and they have not formalized a refusal to privatize the apartment;
4. The housing is not municipal. In accordance with the Federal Law, only municipal facilities are subject to privatization.
5. The property is recognized as unsafe and threatens the life and health of those living in it.

Refusal from privatization: how to register

To formalize the refusal, you must contact a notary office. To fill out the application form (), you will need a passport and documents confirming residence at this address.

The official document must contain the following information:

• information about the person refusing privatization: standard information;
• rejection reason;
• address of the property that is subject to privatization;
• full details of the representative, if the applicant is a trustee or guardian of an individual. In this case, the court decision to establish guardianship is attached to the refusal.

Features of the procedure

1. If refused, the applicant’s share may be transferred either to the common ownership of all residents or to one of them, subject to the consent of the other residents.
2. Minor children have the right to become full owners on an equal basis with other family members. Their legal representatives can refuse privatization on their behalf, but subject to the consent of the guardianship and trusteeship authorities.
3. Guardianship and trusteeship authorities may approve the waiver of property rights of a minor if he lives elsewhere. However, documentation of his refusal is mandatory.
4. Privatization is impossible if at least one side is categorically against it.
5. Refusal to privatize an apartment in favor of parents contains the same details. The only peculiarity is the mandatory receipt of permission from the guardianship and trusteeship authorities.

Refusal of a minor child

In accordance with the law, housing can be transferred into ownership with the consent of all residents or with a written refusal from them. Minor children have the right to participate in the privatization of real estate. As was said, their refusal is possible only with the consent of the guardianship and trusteeship authorities. As practice shows, authorized bodies very rarely undertake this procedure. To obtain permission, legal representatives will need to provide reasons confirming the appropriateness of the refusal procedure.

These include:

1. Availability of other housing, the usable area of ​​which is not less than the footage of the privatized object.
2. The object subject to privatization is in disrepair or is considered dilapidated.
3. The housing does not comply with sanitary and technical standards and fire safety.
4. The premises had an illegal layout that poses a threat to habitation.

The authorized bodies have the right to refuse to exclude the applicant from the privatization of housing if they consider that his rights are being violated. Thus, refusal to privatize a minor child is possible only if he creates living conditions that are no different from the previous ones.

Result of failure

If a person, by giving up his share, pursues the goal of improving the situation of a particular resident, then this scheme is not effective. The law states that the refuser's share is distributed evenly among other family members. Refusal in favor of a specific person is possible only with the consent of other parties involved in the privatization of the object.

The person who wrote the refusal does not lose the right to use the property. They can be registered on the living space or live indefinitely. He cannot be evicted even by a court decision. If the property is sold by the owners, the right to use it remains with the objector. The new owner may file a lawsuit to evict previously registered persons.

Housing can be privatized once in a lifetime (Article 11 of the Federal Law “On Privatization”). Refusal implies the participation of an individual in the privatization procedure of another object, possibly on more favorable terms. In addition, this step opens up the possibility of improving living conditions through participation in government programs. The applicant can receive an installment plan for the purchase of residential properties, a government subsidy or a mortgage loan at a minimum rate.

Refusal of privatization, the consequences of which do not infringe on the interests of the applicant, may bring additional benefits in the future. It is worth noting that the free privatization of residential properties has been extended until 2015, so refuseniks have very little time to benefit from an alternative solution.

The refusal can be annulled in court or through a notary. This procedure is very complicated, since the applicant made the decision independently. The judicial authorities will be on his side if he proves that he was misled or had limited legal capacity at the time of drawing up the document. Thus, refusal of privatization is a right, not an obligation of the tenant.

Often several people are registered in non-privatized apartments, including minors. Many citizens are interested in whether only some of them can receive such housing free of charge. Will those who wrote a refusal to participate in privatization have any legal options? Let's look at this issue in more detail in the article.

The legislative framework

Answers to the above questions can be found in Federal Law No. 1541-1, which regulates the privatization process. The general procedure is established by Article 2 of this Law. In particular, it says that citizens who occupy residential premises of a state or municipal fund on social rent terms have the right, with the consent of persons living with them who have reached the age of majority, as well as the age of 14-18, to privatize real estate. The areas are transferred into joint ownership or registered in the name of one person. According to Art. 11 Federal Law No. 1541-1, all citizens of the country have an equal opportunity to privatize free of charge (once) housing in the state, municipal or other housing stock, not prohibited by law.

Why do we need property?

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.

However, after some amendments were made to the Code, the tax is calculated based on the market price of the property. In addition to directly privatized housing, a non-allocated share of the common property in the apartment building is transferred into ownership. In particular, we are talking about elevators, pipes, garbage chutes and other engineering equipment, walls, roofs, basements, landings, floors between floors and other objects and elements serving more than one isolated room. The costs of maintaining all this property are borne by the owners. Unlike tenants who rent housing from the municipality on preferential terms, premises owners are not guaranteed the opportunity to obtain another space in the event of losing the existing one.

Refusal from privatization: rights

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.

Controversial point

It should be noted that in Art. 19 of the Federal Law, which regulates the implementation of the Housing Code, provides that the provisions of Art. 31, Part 4 of the Housing Code does not apply to persons with whom family relations have been terminated by the owner of the privatized premises. However, in this case, these citizens at the time of acquiring property should have had equal and legal opportunities to use the area. It follows from this that persons who have a notarized refusal of privatization in favor of a person living with them cannot be evicted from the premises.

In this case, they will still have the opportunity to use the area. Moreover, this right will be absolutely unlimited. The RF Armed Forces share the same opinion. The Supreme Court points out that if a citizen with whom family relations have been terminated, at the time he received ownership of the housing, had equal opportunities with the person who registered the premises, but refused to privatize the apartment in favor of the latter, when transferring the area into ownership, he cannot be evicted from it, since he has the opportunity to use it indefinitely. In other words, he actually remains the tenant of the premises further.

Required documents

Refusal to privatize is formalized in writing. Moreover, as stated above, such a statement must be certified. To do this, a citizen with a passport and papers for the premises must contact a notary office. An authorized person will provide an application form. A citizen filling out a refusal of privatization fills it out personally. The form contains individual data, information about the passport, and the applicant’s place of residence.

Home ownership process

When submitting documents, citizens often encounter some difficulties. As a rule, difficulties arise if one of the persons living together refuses privatization. To register property, first of all, you need documents confirming that the premises are in use, passports of citizens registered in it. If minors live in the apartment, then it is necessary to present the decision of the guardianship and guardianship authority. All actions relating to the privatization of an apartment - transferring it into joint or sole ownership of someone - are carried out with the voluntary consent of all persons registered in it.

Opportunities for minors

Persons under 18 years of age who live with the main tenant of the premises and are family members or former family members on the date of privatization also have the right to privatize housing on an equal basis with other citizens. Their trustees or guardians may exclude minors from joint property with the permission of the authorized body. If children (children) under 18 years of age do not live in the premises or are in another district or city, their refusal to privatize and presence is required. This is necessary so that the guardianship and guardianship authority can record this, otherwise the procedure cannot be started.

Refusal of privatization: consequences

Before writing a corresponding application, a citizen must understand what it entails. First of all, it is worth noting that the refusal is carried out only in favor of other future owners. The share is distributed between them equally. It is impossible to refuse privatization in favor of one person if there are more than two registered citizens. The transfer of one's share does not deprive the person of the opportunity to register the property in the future. Also, as stated above, refusal does not entail eviction from the apartment. In addition, if such a citizen is on a waiting list for improvement of living conditions, he retains the opportunity to receive premises at a discount. Minor citizens, as a general rule, are automatically included in the number of owners. Exceptions are made in cases provided for by law, when the refusal of persons under 18 years of age is agreed upon and confirmed by the guardianship and guardianship authority.

Important point

If any of the family members does not categorically agree with the privatization, then it cannot be carried out. An application for this must be made in the manner prescribed by law. In the event of the death of the main (main) tenant, the living space may again become the property of the municipality (state). In the application for refusal, the citizen, among other things, must indicate the reasons for his decision, confirm his intention and request to exclude him from the number of owners.

Finally

The process of refusing to privatize any of the registered citizens was discussed above. In general, the procedure is not accompanied by any difficulties. The main condition for the legal validity of the refusal is its notarization. Without the identity of an authorized person, the document - application - is invalid. In addition, it should be remembered that a person who refuses privatization retains the right to indefinite use of the premises. This also applies to a former family member, if at the time of the procedure he had equal rights with everyone else. The privatization process itself will require the citizen to provide documents. These include a social rent agreement.