Complete reversal in the Moscow Regional Court of the decision of the court of first instance to refuse to deregister (extract) from the apartment of the ex-spouse, who had previously refused privatization in favor of

You can challenge the privatization of an apartment

“Is it possible to challenge the privatization of an apartment, how to challenge the privatization of an apartment, conditions, the possibility of appealing to the courts, protection and restoration of the owner’s right to real estate?”
— questions that will be answered in the format of this article. Real estate was and remains the hardest currency; the cost of even the most “modest” (in terms of area, territoriality) apartment is a fortune. Is it possible to cancel the privatization of an apartment?

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Until the privatization agreement is signed, it is not considered concluded and may be canceled or suspended.

The reasons for suspending the execution of a contract may be the following:

registration of marriage by one of those registered in the apartment;
birth of a child;
death of one of the parties to the transaction.

These facts lead to the fact that the number of owners of the premises changes, therefore, it is necessary to draw up a new privatization agreement in connection with the changed circumstances.

In addition, the final execution of the contract may be suspended due to the serious illness of any participant. In this case, the signing of the document is postponed until the person recovers.

How to cancel the privatization of an apartment? To suspend the process, you must submit an application to the authorities formalizing the transaction with a written statement justifying the reasons.

The reason for stopping the process may be a decision of the state registrar. He may refuse finalization if there are doubts about the authenticity of the documents or the legality of the transaction, or due to the absence of any of them.

The process of completing a privatization transaction can be suspended for a period of no more than three months. After this time, the parties to the transaction are denied registration. The package of documents will need to be collected again and a new application for privatization of the apartment must be submitted.

The ability to defend one's rights is necessary for every citizen. If your rights are violated during the privatization of housing, feel free to go to court. Even after a privatized apartment is illegally sold, you can cancel the property registration agreement and receive your share in the property.

How to cancel the privatization of an apartment?

How to get out of the privatization of an apartment? Previously, it was possible to recognize a privatization agreement only in court, and it was allowed only to low-income citizens. Currently, any citizen can voluntarily refuse privatized housing if there are no obstacles mentioned above.

How to invalidate the privatization of an apartment? The procedure is carried out in several stages.

You should start the process by submitting an application to your local authorities. From organizations involved in housing registration issues, you can receive detailed instructions on how to prepare for the process of transferring it to the state.

There you will be given a sample document . All owners must personally declare their intention to transfer housing to the state.

The application is considered by the authorities within 30 calendar days.

Application for refusal of privatization.

Based on the results of the consideration, a resolution is issued and within two months the administration concludes an agreement on the transfer of the apartment to the state and concludes a social rental agreement with the residents.

Currently, the refusal process can be carried out through the MFC services created under each administration of cities and towns.

The following documents must be attached to the application:

Copies of the personal document (or documents) of the owner.
Original Certificates of Ownership.
Certificate of no restrictions issued by Rosreestr.
Extract from the house register. It must include all records from the moment you moved into the apartment.
A technical passport with an explanation and a housing plan, issued by the BTI.
Document confirming payment of the registration fee.

Each region has its own by-laws regulating this procedure, so check with your local government authorities for the exact list of required documents.

In accordance with the law as amended on February 28, 2015. No. 189, from March 1, 2016, voluntary deprivatization of housing will be impossible .

Initiators of cancellation

How to sue a privatized apartment? Individuals and government bodies can challenge the conclusion of an agreement. The following may file a claim in court:

persons whose interests are violated by an illegal transaction;
representatives of persons whose rights have been violated;
state regulatory authorities (guardianship departments, prosecutor's office, Housing Inspectorate, etc.);
local government bodies, which previously owned residential premises.

Particular attention should be paid to situations where privatization agreements are challenged by regulatory authorities or legal entities.

According to the privatization document, real estate is transferred free of charge from one owner to another. In this regard, the party transferring the property must have the right to dispose of it.

The following have the right to conclude agreements on behalf of legal entities:

local government bodies;
state unitary enterprises;
municipal unitary enterprises;
various organizations and departments on whose balance sheet the building is located.

The person signing the agreement must have the authority secured by orders, orders, resolutions or other documents confirming the ability to enter into real estate transactions.

Especially

you should approach the design carefully

into the ownership of departmental and

office housing

and real estate on the balance sheet of state unitary enterprises and municipal unitary enterprises.

The apartment to be registered as a property must be included in the list of buildings that are subject to privatization.

Read our articles about the peculiarities of the privatization of cooperative apartments, as well as military housing.

Is it possible to challenge the privatization of an apartment?

The regulations for the transfer of housing stock into ownership provide for a free procedure, the basis of which is an agreement. To privatize, to participate in its conclusion, according to the Law of the Russian Federation No. 1541-1, the right is granted to:

Only persons with Russian citizenship.

You can protest privatization:

If the person living in the apartment is not included in the privatization documentation.

When attempting a secondary transfer of property.

A child registered at this address is not included.

The signature in the contract belongs to a person who does not have these rights.

Fake documents required for privatization were provided.

The presence of incapacity of any of the participants.

Pressure on owners who privatize housing.

Misleading those living in a privatized apartment.

In case of violations, the privatization of the disputed living space is canceled, and the materials are sent to the Department of Internal Affairs for verification and a decision to initiate (refuse) a criminal case. According to existing practice, most violations involve criminal liability.

We invite you to read: Complaint about the inaction of the bailiff service

Appeal and appeal to courts

Is it possible to cancel the privatization of an apartment? Privatization is a transaction between two parties.

Therefore, challenging it is a requirement to cancel the transaction, that is, a ban on the illegal acquisition of property by any person.

If a citizen believes that the contract has grounds for its cancellation, he must declare this, attaching relevant evidence.

How to challenge the privatization of an apartment? First of all, you need to decide on the subject of the claim filed in court. Having decided on this issue, you should file a claim at the defendant’s place of residence.

The statement of claim must contain the following points:

“Caption” containing the name of the judicial authority and information about the applicant.
Title – indicates the subject of the claim.
Statement of the essence of the claim with a description of the circumstances of the case. In this part, it is necessary to indicate the grounds for challenging the transaction with references to the violated norms of the law.
A list of the consequences of the illegal transaction of illegal privatization of the apartment.
Request for recognition of the privatization agreement as invalid. This paragraph should begin with the words “please,” located in the center of the sheet.

Your demands should be supported by the norms of the law that were violated during the transaction.

List of supporting evidence for the application.
Applicant's signature, date.

The date on the application must match the one that appears on the list of incoming documents in court.

You can find out whether it is possible to privatize a room in a communal apartment, a dormitory, or a share in an apartment from our articles.

How to change the conditions for privatization of an apartment? There are cases when complete invalidation of a privatization agreement is not required. There is only a need to change some of its points. In this case, the contract is recognized as partially invalid and requires re-conclusion with amendments made to it.

The reasons for declaring a contract partially invalid and making amendments to it may be the following:

Exclusion from the list of owners of any person who wishes to privatize another premises in the future.
Inclusion in the list of owners of a person who previously signed a waiver of privatization.
Making corrections to incorrectly completed entries.
Entering information about the distribution of shares, if until this moment the apartment was registered as joint ownership.

Is it possible to change the privatization of an apartment? In such cases, it is permissible to resolve the issue at the administration level, without involving the judiciary.

Exceptions are those cases when the organizations that own the premises are liquidated and it is not possible to renew the contract with them. In this case, the contract can be partially amended only through the court.

Resolving the issue of partial changes in the terms of the contract in a pre-trial manner is possible only upon obtaining the consent of all parties to the transaction. If one of both parties objects to the changes, they will have to act through the courts.

To partially change the terms of the contract, all parties to the transaction must submit an application to the authorities that executed the contract. Previously prepared document. It is canceled and a new deal is concluded with amendments. The parties again go through the procedure of signing the agreement, then the previously issued Certificates are “cancelled” in Rosreestr and new title documents are drawn up.

What is the statute of limitations for housing privatization? When is it permissible to challenge a contract? Regarding the issue of the limitation period for challenging a privatization agreement, an important point should be taken into account.

The calculation of the period begins not from the moment of execution of a void transaction, but from the time when the interested party became aware of the violation of his rights.

The new edition of the Civil Code of the Russian Federation dated September 1, 2013, in Article 181, establishes the limitation period for applying the consequences of invalidity of a transaction at three years.

At the same time, the statute of limitations for the privatization of an apartment for a person who is not a party to the transaction should not exceed 10 years from the beginning of its execution.

If the opposing party does not file a motion to skip the limitation period, the contract can be terminated without taking into account the limitation period. In exceptional cases, the court may recognize the reason for missing the deadline as valid and consider the case after three years.

Civil Code of the Russian Federation Article 181. Limitation periods for invalid transactions

The limitation period for claims to apply the consequences of the invalidity of a void transaction and to declare such a transaction invalid (clause 3 of Article 166) is three years. The limitation period for these claims begins from the day when the execution of a void transaction began, and in the event of a claim being brought by a person who is not a party to the transaction, from the day when this person learned or should have known about the beginning of its execution. In this case, the limitation period for a person who is not a party to the transaction, in any case, cannot exceed ten years from the date of commencement of execution of the transaction.
The limitation period for a claim to declare a voidable transaction invalid and to apply the consequences of its invalidity is one year. The limitation period for the said claim begins from the day the violence or threat under the influence of which the transaction was concluded ceases (clause 1 of Article 179), or from the day when the plaintiff learned or should have learned about other circumstances that are the basis for declaring the transaction invalid.

We suggest you read: Drawing up a student agreement
Similar circumstances may be associated with the personality of the plaintiff: illness, illiteracy, helpless state, being in the labor camp, the need to care for a sick relative, the death of a loved one and the associated psychological state, military service, etc.

The reasons for absence are recognized by the court if they occurred in the last six months and are equal to no more than six months.

In order for the court to take into account valid reasons, it is necessary to submit a separate application to the court indicating the circumstances in which the person became aware of the conclusion of a privatization agreement in violation of his rights and indicate valid reasons why he did not know about this fact earlier.

This application must be accompanied by the relevant supporting documents: a certificate from the hospital, an extract from the medical history, a certificate of release from the MLS, etc.

To the question: “Is it possible to challenge the privatization of an apartment?” - the legislation answers: “Only by the decision of the Court.” Any interested person can file a claim, which includes:
— Registered, permanently residing at this address and official tenants.
— Deregistered (deregistered), but not lost ownership.

The limitation period for cases related to privatization is regulated by Art. 181 of the Civil Code of the Russian Federation:

Contested transactions, the period can only be imposed by a court decision, such as: violation of the interests of a person (persons) during privatization - 3 years.

Void, when initially, the completion of this transaction did not have legal force, for example: the person did not have the legal rights to carry out the procedure - 1 year.

The calculation is made from the beginning of the privatization transaction, when the plaintiff learned about the infringement of his rights. The deadline for appeal cannot apply to privatized housing after more than 10 years.

There are no other ways to “remake” it. Online advertisements promising to carry out this procedure are just fraudulent actions, the purpose of which is to deceive.

Answer to the question: “Can I challenge the privatization?” - can be obtained by describing your claims, degree of relationship and existing grounds in an electronic request. Send it to lawyers with extensive judicial experience in controversial cases related to privatization and receive qualified advice.

Claim form

Before filing a claim, you should collect documents confirming the validity of the claims with which you can challenge the privatization of the apartment. It is mandatory to attach a receipt confirming payment of the fee. The opening of proceedings on the case is carried out only if it exists.

Title and amount of the claim. Information about everyone taking part in privatization.

Characteristics of the disputed premises (area, number of rooms, location).

Listing of the plaintiff's rights violated.

On the basis of what clause of the law should privatization be declared an invalid transaction?

To what extent do you consider it necessary to invalidate this transaction?

Refusal or ban on privatization is a condition for a court decision. If the court satisfies the plaintiff's demands, the registration of privatization of the disputed area is canceled and a seizure is imposed to exclude fraud on the part of unscrupulous participants.

What if the state refuses to carry out the procedure?

Government authorities may refuse to cancel the procedure when housing is located in a dilapidated or unsafe building. You will have to prove the need for a return using a statement of claim to the court. Collect all of the above documents, prepare a rationale for the reasons for action and their proof, and contact the authorities for help.

The refusal may also be due to the fact that a major redevelopment has been carried out in the privatized apartment. This may serve as a basis for refusal and cancellation of deprivatization. In this case, you may not succeed, even with the participation of the court.

Alienation of property through the court is carried out if it is carried out with violations.

The law establishes a three-year period for the possibility of canceling an illegal procedure.

The grounds for cancellation are listed in Article 178 of the Civil Code of the Russian Federation:

The transaction was carried out due to the misconception of the parties.
Use of force or threat at the time of signing the contract.
Identification of the incapacity of persons participating in the procedure.
The presence of a person registered in the apartment, but who did not take part in the privatization.
Violation of the rights of minors during privatization.

If these grounds exist, a claim to cancel privatization can be filed by owners, government agencies, guardianship authorities, guardians of minors or incapacitated citizens, guarantors for bank loans, and the prosecutor's office.

The apartment, after the process of invalidating the transaction, is returned to the persons registered in it before the procedure. If during the period of privatization it was sold, the buyers are essentially left with nothing and can only file a claim against the sellers in order to return the money .

When purchasing housing obtained through the privatization procedure, check that the procedure is legal in order to protect yourself from such an outcome.

If the process is declared illegal, the court returns the living space to municipal ownership, concluding a social rental agreement with the residents.

Recognizing an act as invalid does not annul the rights of citizens to free privatization. Unlike voluntary deprivatization, such housing can be privatized in compliance with the laws.

Time limits for challenging a contract

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.

We invite you to read: How long does it take to register ownership of an apartment in Rosreestr?

You can 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...”.

Civil Code of the Russian Federation Article 209. Contents of property rights

The owner has the rights to own, use and dispose of his property.
The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in any other way.
Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

Law “On the Privatization of the Housing Stock in the Russian Federation” Article 9.1. Citizens who have privatized residential premises, which are their only place of permanent residence, have the right to transfer the residential premises belonging to them by right of ownership and free from obligations into state or municipal ownership, and the relevant executive bodies authorities, local government bodies or persons authorized by them are obliged to take ownership of them and conclude social rental agreements for these residential premises with these citizens in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies of the relevant municipalities.

Find out from our articles where to start privatizing an apartment, who is best to privatize, whether it is possible to privatize an apartment with debts, as well as if the order is lost, and in what cases a refusal may be received.

Causes

Financial insolvency

For personal square meters it is necessary to make a number of payments (tax, contribution for major repairs), from which citizens living under a social tenancy agreement are free .

In your own housing, you also need to pay considerable fees for the maintenance of common property, taxes, and no one will carry out major repairs of worn-out communications inside the premises for free. While in municipal housing the replacement of equipment falls on the shoulders of public utilities .

It should be noted that for single citizens, in the absence of heirs, it is indeed more profitable to live in a municipal apartment and get rid of unnecessary payments.

Safety concerns and family issues

Lonely and elderly people often fall for the tricks of scammers who deceive them into taking over their home. The tenant of a state apartment is of no interest to them, so pensioners can rest easy.

Divorce or unwillingness to leave living space as an inheritance to unwanted relatives.

Opportunity to get a larger area

Reckless design of dilapidated or demolished housing limits the ability of a large family to obtain a sufficient number of square meters. If it is their own, the family receives the same area as in the old one. While relocation from public housing is carried out according to standards . A large family can even count on several properties to move into them under social rental agreements.

Privatization of a small apartment also deprives various categories of beneficiaries of the opportunity to receive a new one. In order to receive housing under any government program, they need to abandon what was previously privatized.