What are the consequences of refusing to privatize an apartment?

Lawyers' answers (2)

A notarized consent to refuse privatization is issued by a citizen who does not want to take part in the privatization of the residential premises in which he is registered. A notarized consent to refuse privatization has no validity period, unless it is revoked by the person who gave it.

Refusal to privatize a minor citizen is permitted only with the official permission of the guardianship and trusteeship authorities.

Whose refusal to privatize do you want to challenge? Please clarify your question!

Client clarification

The wife refused the housing received from the RF Ministry of Defense. The apartment is privatized for me and my 14-year-old daughter. And he is going to recall him in court.

13 November 2014, 19:31

If the property right has already been registered, then she will no longer be able to revoke her consent by contacting a notary.

can it be challenged in court?

And he is going to recall him in court.

Contest and recall are not the same thing. Your wife can go to court to invalidate the transaction (in particular, the privatization of an apartment), citing, for example, the fact that she was mistaken about the consequences of her refusal (Articles 176-178 of the Civil Code of the Russian Federation).

Refusal to participate in the privatization of an apartment: how to register and what are the consequences of such a step

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

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

Does a privatization waiver certified by a notary have an expiration date?

I (Igor) was born in Moldova, 1975, now I have been living in Russia for more than 10 years, received citizenship, a passport, and got married. Refused Moldavian citizenship. He grew up in a large family, with 13 parents. Parents in Moldova. Last year I wrote a refusal of privatization in favor of my parents, notarized it, and sent it. Questions:

1. Does the certified refusal of privatization have an expiration date?

2. Do I need this paper at all if I am not a citizen of Moldova, registered in another country?

Refusal to privatize an apartment and a share in it in favor of parents

Filling out the appropriate application in person at the body involved in the privatization of housing when submitting all the papers required for privatization. In this case, such a procedure for the “refusenik” is free .
When writing an application for refusal at a notary office. Then the cost of this service is determined by the notary’s fees, which usually range from 600-1000 rubles.

In real life, there are many different situations when adult children want to transfer their rights during the privatization of housing in favor of their parents. Although in fact it is possible, as mentioned earlier, only to distribute their share evenly among all residents in the apartment.

Lawyers' answers (1)

There is no deadline, yes, refusal is required. if registered.

Law of the Russian Federation dated July 4, 1991 N 1541-1 (as amended on October 16, 2012) “On the privatization of housing stock in the Russian Federation” Article 2 Article 2. Citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on social rental terms , has the right to purchase them under the conditions provided for by this Law, other regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, into common ownership or into the ownership of one person, including a minor, with the consent of all adults entitled to privatize these residential premises persons and minors aged 14 to 18 years. (Part one as amended by Federal Law dated October 16, 2012 N 170-FZ)

(see text in the previous edition)

Residential premises inhabited exclusively by minors under the age of 14 years are transferred to their ownership upon the application of parents (adoptive parents), guardians with the prior permission of the guardianship and trusteeship authorities or on the initiative of these authorities. Residential premises inhabited exclusively by minors aged 14 to 18 years are transferred to their ownership upon their application with the consent of parents (adoptive parents), trustees and guardianship authorities. (Part two was introduced by Federal Law No. 26-FZ of August 11, 1994; as amended by Federal Law No. 50-FZ of March 28, 1998)

(see text in the previous edition)

In the event of the death of parents, as well as in other cases of loss of parental care, if only minors remain in the residential premises, guardianship and trusteeship authorities, heads of institutions for orphans and children left without parental care, guardians (trustees), adoptive parents or other legal representatives of minors, within three months, draw up an agreement on the transfer of residential premises into the ownership of orphans and children left without parental care. Agreements for the transfer of residential premises into ownership of minors under the age of 14 are drawn up at the request of their legal representatives with the prior permission of the guardianship and trusteeship authorities or, if necessary, on the initiative of such authorities. These agreements are drawn up by minors who have reached the age of 14 years independently with the consent of their legal representatives and guardianship authorities. (Part three as amended by Federal Law dated March 28, 1998 N 50-FZ)

(see text in the previous edition)

The execution of an agreement for the transfer of ownership of residential premises in which only minors live is carried out at the expense of the owners of the residential premises carrying out their transfer.

marmyshka Jun 26, 2009

I am interested in the following question: a person who has written a notarized waiver of his right to privatization (had the right to a share), can cancel (cancel) it (the waiver) if privatization has already been completed?

On recognizing privatization as invalid if “when refusing privatization, the citizen was misled or was unable to understand the meaning of his actions or when the owner violated the agreement on the conditions of such refusal” paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993. N 8 (as amended on 02/06/2007) I read.

Now, from a theoretical point of view, if the person who refused understood everything and the agreements were in order, but he changed his mind and decided that he wanted a share in a privatized apartment - can he notarize his refusal and go to court? Or is “cancellation”/“cancellation” of the refusal not required? Can I safely write a claim right away?

Sorry if this is a stupid question.

Yes, I’ll also ask about the validity period of the waiver of the right to privatization - some say it’s valid for a month, others say it’s a year, others say it’s valid for an indefinite period. Does anyone have experience on this topic?

Is it possible to return the right to privatization if I signed a refusal?

It is unlikely that your spouse will be able to challenge the privatization. But he must know that due to the refusal in favor of his mother from privatization, he has an indefinite right to use the specified residential premises and until he voluntarily evicts and is deregistered, no court will be able to recognize him as having lost the right to use the apartment. As for the residence of children, the place of residence of the children is the place of residence of their parents, that is, as long as he is registered there, no one will deregister the children or evict them. Regarding inheritance. The mother, of course, can draw up a will, but the freedom to testate is limited by the obligatory share, this time. And secondly, the new owner will be obliged to provide this housing for living. A change of owner does not deprive the spouse of the right to use the privatized residential premises in which he lives as a result of refusal of privatization in favor of his mother. In addition, in the absence of a will, inheritance occurs according to law, and the son is the heir of the first priority.

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Several years ago, at the direction of his mother-in-law, my husband signed a waiver of privatization in her favor. That is, she turns out to be the owner of the apartment. And she, her husband, son (my husband) and my husband’s and my minor children are registered. My husband and I live separately from her. Now the relationship between us is difficult and she constantly threatens that she will leave my husband without an inheritance and that the children should be written out, that she will write a will for another person. She has only one son. How to be in this case? Is it possible to somehow return the right to privatization to my husband? What can be done in this situation? Please tell me.

Pastic Jun 26, 2009

Can not. The contract is concluded and executed.

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.

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3 The question is whether this can happen legally.

24 October 2014, 11:48

How to refuse privatization

Law No. 1541-1 defines the concept of “privatization”. According to Art. 2 of the above-mentioned Law, all citizens of Russia have an equal right to use apartments provided under a social tenancy agreement, as well as to acquire such premises in shared or sole ownership.

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

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To formalize the privatization of an apartment, it is necessary to obtain consent from all persons living and registered in it.

If a citizen who has the right to acquire ownership of an apartment has serious grounds for refusing privatization, it is necessary to properly formalize it.

A citizen can waive his right, but this must only be done in writing. Since this procedure entails considerable legal consequences, all documents must be properly executed.

The legislation allows any citizen who has the right to privatization to refuse to participate in it. This is allowed only if the person has the ability to fully control his actions and understand their meaning (capacity).

For incapacitated or partially capable citizens, the refusal of privatization is made by their legal representatives (guardians, trustees, etc.).

Refusal to privatize is a unilateral action that does not involve obtaining consent from other persons. The share of the person who refuses is distributed evenly among the other residents of the apartment.

Note! It is not possible to renounce a share in favor of one of those registered in the apartment or in favor of a third party. Persons offering to formalize such a transaction are acting illegally.

Until all persons living in the residential premises agree to privatization or refuse to participate in it, privatization cannot be carried out.

Current legislation indicates that every citizen using premises on the basis of a social tenancy agreement has the right to privatize housing.

The procedure is free. Only associated expenses are paid - for example, for a lawyer, notary, copying of documentation, etc.

Important! You can privatize housing free of charge only once in your entire life.

Some housing facilities cannot be privatized:

dormitories;
apartments provided under a service lease agreement;
emergency and dilapidated living quarters;
houses in closed military camps;
apartments from the housing stock of social protection of the population.

Privatization may be refused on the following grounds:

Invalid or counterfeit documents will be discovered;
will reveal the presence of information that does not correspond to reality;
discover that the person participating in privatization has already exercised his right;
the applicant refused to pay the costs associated with privatization;
Illegal alterations were noticed in the privatized apartment.

Important! The law limits the right to privatize service apartments. However, if the organization with which the employer has an employment relationship agrees to transfer housing from its fund to the municipal one, privatization will become available.

The same applies to hostels - if the latter belong to the municipal fund, their status as hostels is removed, therefore, such housing can be privatized in the general manner.

The privatization of a service apartment for public sector employees is discussed on this page.

Let us note that many Internet resources indicate that the refusal of privatization must be certified by a notary. In fact, this information is not true.

The refusal can be issued either in notarial form or in simple written form. Simple written form is allowed only if:

the citizen signs the refusal in the presence of an authorized employee of the local administration body;
a citizen personally exercises his right, outside the powers of a representative by proxy.

A simple written form will reduce the cost of registering a refusal - after all, the notary charges not only the tariff provided for by law, but also a fee for legal and technical services.

However, each subject of the Russian Federation has the right to establish local regulations regarding this issue. Thus, a refusal in a notarial form is required in Samara and Krasnodar. In Moscow, St. Petersburg, Kazan, Nizhny Novgorod, Ufa and Yekaterinburg, the notary form is not mandatory.

If an employee of a self-government body requires a notarized document and refuses to accept other papers, you should request a written refusal to accept the documentation, with reference to the relevant article of the regulations.

So, there are two ways of design:

submit a refusal in person to the Housing Committee in a simple form;
visit a notary for notarization of the refusal and/or execution of a power of attorney.

In the first case, the following actions are carried out:

the citizen provides a passport and written consent about non-participation in privatization to the body responsible for receiving documents;
signs the refusal in front of an employee of the department;
the employee of the institution, in turn, puts a signature on the document, certifying the legality of the legal action.

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The second case is when a citizen does not want to personally submit a refusal to a local government body, or the locality is one of those where a mandatory notarized refusal is required.

In this case, you will have to visit the notary in person and provide a general passport. The notary will fill out a consent on non-participation in the privatization procedure in the prescribed form. You need to sign the application, after which the notary will certify it.

A sample application to a notary can be downloaded here.

The notarial refusal is submitted to the local administration unit dealing with privatization issues. The personal presence of the person who refused to submit the notarial document is not required.

Prerequisites for refusing to participate in privatization

You can renounce your share or part of the property even after the title-establishing event has been carried out. To do this, you should notarize your decision to divide the living space in the desired way. After contacting specialists involved in privatization issues, the procedure is documented.

When making a decision of the residents living on the premises to formalize a contractual agreement with representatives of the municipal authorities, to transfer housing into ownership, it is necessary to notify all registered relatives of your intentions and obtain their consent or refusal regarding the privatization procedure.

What documents are needed

Along with the refusal, the following documents must be submitted to the local government:

original passport of the applicant and a photocopy;
warrant for occupied premises or social tenancy agreement;
certificate of the number of persons registered in the apartment;
permission from the guardianship and trusteeship authorities (if a minor citizen refuses the share).

The written refusal provided by the applicant is stored in the archives of the organization to which it was provided. For Moscow, this is the housing policy department; in other constituent entities of the Russian Federation, the corresponding functions may be performed by another body.

The document is stored indefinitely. If you need to obtain a duplicate of it, you must contact the authority that received the documents and request a copy of the refusal from the archive.

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.

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What could be the consequences?

A person who refused to participate in privatization bears certain legal consequences of his action.

The main consequences of refusing privatization are as follows:

the person who refuses can live in the apartment and use it indefinitely;
even if the owners sell or otherwise dispose of the apartment, the person who refuses will have the right to use the residential premises;
there is no need to request permission from the premises that refused to sell - he does not have the right to receive money from the sale;
those who refuse privatization do not lose their right to privatize other residential premises;
the share of the person who refused is subject to equal distribution among those who took part in privatization; a different procedure is allowed only if the parties agree;
a citizen who refuses privatization can receive an apartment from the municipality if he is in line to improve living conditions;
the right of perpetual use of the person who refused is terminated if he became a participant in the privatization of another apartment, or voluntarily checked out of the residential premises;
it is almost impossible to challenge a refusal in court - the likelihood of declaring the corresponding action illegal is extremely low;
the court may recognize the refusal as unlawful if it is proven that the legal action was performed by the citizen under the influence of violence or pressure.

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: Document on the privatization of an apartment before 1998

Refusal to privatize a minor child

Only his legal representatives can formalize the refusal of a minor. There is no need to have the refusal certified by a notary.

Step-by-step instructions:

each parent (even if they are divorced) must contact the guardianship authorities;
submit your passport, child's ID card or birth document (if under 14 years old);
submit a marriage or divorce certificate, a certificate of registration from the place of residence, as well as a social tenancy agreement (or warrant);
submit these documents along with the application according to the sample provided by the guardianship authorities;
if the child is over 14, he must independently fill out an application and agree not to participate in the privatization of housing;
after the 10-day period has passed, one of the parents must withdraw permission from the guardianship authority and submit it to the Housing Committee.

Permission is given only in exceptional cases. Monitoring of children's rights is carried out at a fairly serious level. The consent of the guardianship authorities can be issued only if the refusal is carried out in the interests of the child.

So, refusing privatization is the right of every citizen. There is an exception for minors - refusal must be accompanied by permission from the guardianship authorities. Remember that refusal to privatize does not entail termination of the right to use residential premises.

Read about the privatization of land in SNT here.

Where to obtain documents on the privatization of an apartment is described in this article.

Apartments from the developer - Rupolis d project: Sample refusal to participate in the privatization of an apartment

The first stage of construction will be completed in the first quarter of 2016. In our gated community, only 75 houses have been built, each of which has its own fenced area. Sale of affordable and inexpensive apartments from developers in Krasnodar. In this case, you will also need a certificate stating that there was no right to privatization

implemented earlier - in this very different city. Fast construction guarantees that from the moment of signing the contract to receiving the keys to the apartment from the developer, a maximum of 7-11 months will pass. District: KKB, RIP On the shore of Lake Karasun in Krasnodar, one of the natural beauties of Kuban, there is a multi-apartment residential complex “Fort Karasun”. Unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes. Court decision to cancel the refusal to transfer residential premises into non-residential premises with redevelopment, without agreement with the local government. Court: Decision to collect funds and recognize the lease agreement for the premises as not concluded Court: Decision to recognize the lease agreement for non-residential premises with encumbrances in the form of arrest, invalid The court decision to terminate the lease agreement for non-residential premises, building at the request of the tenant of the Supreme Arbitration Court of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29. Then the notary fills out a consent on non-participation in privatization according to the established template.

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