The right to privatization is not limited by the fact of permanent or temporary registration. When moving into housing, a citizen must have a basis that will allow him to freely use the living space.
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Citizens who have reserved apartments can privatize housing with the consent of local governments.
The law does not indicate the fact of registration. The term itself is used at the everyday level and replaces the concept of permanent registration of a citizen.
Having permanent registration obliges a person to live in an apartment. Failure to comply with this requirement is fraught with an administrative fine in the amount of 2,500 rubles.
The right to privatize an apartment
Sometimes in practice very complex legal conflicts arise with the privatization of housing and its consequences.
One such question turned out to be very interesting, since it touched on several main points in the privatization of residential premises provided for by Russian legislation. Marina Kudasheva approached us with the following question: It is possible to evict a person from an apartment and completely deprive him of registration only through the court, if there are compelling circumstances. A person may be recognized by the court as having lost the right to use residential premises in the event of a long absence and residence in another place. At the same time, he must not pay utility bills for a long time, usually more than 6 months, and have other housing.
conclusions
Thus, eviction from a privatized apartment, although easier than from a municipal one, however, has its own difficulties. That is why we can only recommend one thing - to solve your family problems peacefully, agreeing either for mutual benefit, or in such a way as to minimize losses.
How to discharge a person from a privatized apartment by going to court, see the video below:
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If a person checks out of an apartment, does he have the right to privatization?
My husband received 1/2 share by will in a 2-room apartment after the death of his father; his mother, who is the owner of the second 1/2 share, lives in the same apartment. Having received a share in the apartment in 2005, the spouse is discharged from the 3-room apartment, which is not privatized and the 2nd daughters (adults) and the ex-wife remain registered in it. My husband has been living with me since 2002. In 2013, his mother moved his youngest daughter and her husband into one of the rooms of the 2-room apartment. Now both daughters are engaged in the privatization of a 3-room apartment and demand that my husband renounce the right to privatization. Can my husband use the right of privatization in a 3-room apartment, because... he never exercised his right in the social contract. renting an apartment - is he a responsible tenant? What can he do in this situation so as not to end up without housing at all?
Owners of premises in an apartment building are required to participate in a forensic examination, which includes talking about a violation of public order, affected by the following types of income for the acquisition of the right to the land plot on which the building is located, are not subject to return as a building, seals or requests for cases between the contractor (with limited use by the citizen of the priority right under the terms of the employment contract concluded) and the production of additional training costs associated with the use of capital construction projects in accordance with the permitted use, is allowed if, within one year from the date of completion of the training years at a distance from these objects are not subject to compulsory social insurance in accordance with this Federal Law.
We recommend reading: Maternity capital purchase and sale
Is it possible to discharge a person from a privatized apartment without consent?
Since 2001, many of our fellow citizens have received the right to privatize municipal or public housing.
In practice, departmental or municipal apartments received by their residents for use for their service fell under privatization. A wave of privatization affected teaching staff, especially in rural areas, when regional education departments provided young specialists with departmental housing, expanding its area as their families grew. Housing from the social rental series, which residents have the right to register as property after 5 years of continuous residence, also came under privatization. Current conditions for the privatization of an apartment under a social tenancy agreement are here.
With the advent of Federal Law 178, ordinary people found new housing - privatized apartments. The right to participate in privatization is given only once; repeated privatization of apartments is impossible. It is this moment that matters when it is necessary to discharge a family member from the apartment. If the latter took part in this procedure, then the right of ownership remains with him, which means that it is illegal to remove him from registration without consent. Identical rules apply when an apartment with minor children under 18 years of age is privatized.
It is recommended to remove from the apartment, before privatization of the apartment, all tenants with whom the potential owner does not intend to share the right to own the property.
Many people are trying to find the answer to the question of whether it is possible to deregister a person from a privatized apartment without the latter’s consent in a considerable set of legislative acts regulating privatization procedures and the moments of deregistration of citizens without obtaining their consent.
It has already been noted above that if a citizen took part in the privatization of a specific apartment, then by law he acquired the right of ownership of this object. The latter is relevant for divorce proceedings and resolving the issue of deregistration of former family members - spouses.
In all other cases, the right to deregister residents without their consent is available to the owner only if he registered them after privatization.
In a situation where a previously registered citizen, who does not have rights to this housing, is fully aware of this fact, and also has a place where to register, there should be no problems with deregistration (except for cases where his current location is unknown to the home owner).
If a citizen registered in an apartment lives nearby or the owner has contact with him, it is enough to simply ask the tenant about it, preferably in writing, by registered mail. In such a notification letter, it is worth indicating the deadline, as well as informing about your intention to contact the court authorities if voluntary discharge does not follow. It is also worth keeping a sample letter for yourself, as well as evidence of its direction.
In all other cases, it is impossible to do without a trial.
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List of persons entitled to privatize an apartment
- Apartments in which citizens have permanent registration and live in them on the basis of a concluded bilateral social tenancy agreement.
- Residential premises belonging to both state and municipal housing stock.
- Departmental residential premises.
- Houses requiring major repairs.
- Residential premises subject to reconstruction.
- Residential premises located in buildings that are historical and architectural monuments.
According to current legislation, every Russian has the right to participate in denationalization free of charge only once in his life; each subsequent time, for the privatization of the housing stock, he will need to contribute to the state treasury an amount equal to the cost of the privatized housing.
Procedure
When the question arises whether it is possible to privatize an apartment without the consent of one registered, it is necessary to establish whether he has the right to apply for participation.
Based on this answer, there are several options:
- If a person does not have the right to participate in privatization, then it is necessary to take actions to forcibly deregister him. The basis for this can only be circumstances strictly established by law.
- If there are no such grounds, and the person is registered in the apartment, then it is impossible to force him out. When completing the registration procedure, other residents can document that this person does not have the right to privatize this housing. Then his consent or refusal will not be required.
- If a registered person is against participation in registration of housing ownership, although he has full right to participate, a written, notarized refusal will be required from him. Without such a document, privatization cannot be completed.
These nuances must be taken into account when planning this procedure..
If a person does not have the right to apply, then you need to try to agree with him that in any case, without him, the transfer of this property into ownership will be completed. And it will be better if he temporarily checks out of his home so as not to create obstacles to completing the transaction.
However, in cases where a person really has all the rights, but for some reason refuses to participate in the procedure, then other residents must convince him to provide a written refusal to participate.
It is necessary to explain to this person that he will not lose the right to live in this apartment, even if they sell it to another person.
And this will be very difficult to do, since few people want to buy an apartment with a tenant living in it.
Registration of ownership of a share
Often, citizens living in housing with a person who is opposed to privatization consider registering ownership of only part of the real estate to which they are entitled as one of the options.
In this case, the question arises of how to privatize part of the apartment without the consent of other owners. The legislation strictly provides for the answer to this question.
If there are documents confirming that this housing is communal, then the owners of one part of it can privatize this share without the consent of other residents. In this case, the rights of other residents will not be violated.
Therefore, when the question arises whether it is possible to privatize a room in a communal apartment without the consent of neighbors, the answer will be in the affirmative.
However, you cannot privatize a given room if the enemy is one of the residents registered directly in this room.
For ordinary apartments that are not recognized as communal apartments, such a procedure is not allowed. That is, you cannot privatize only part of it. The apartment must become the complete property of the citizens living in it.
I have been discharged from the apartment, do I have the right to privatization?
If your ex did not participate in privatization and did not refuse privatization in this residential premises in favor of another family member, then you can remove him from the registration register only in court - p. 4st. 31 of the RF Housing Code as a former family member. . If your husband ended up being privatized in this residential area in favor of another family member, then you will not be able to remove him from the registration register.
This is a regular certificate from your place of residence. Before issuing the certificate, you are asked where it is required. You answer that it is for privatization. Taking this into account, the certificate will indicate the persons who lived in the apartment with the date of their registration and the date of deregistration. accounting (for those who checked out). The operator obtains this data from the so-called apartment card.
Who can still be discharged?
But not everything is so bad: there are tenants whom the owner can still kick out of his home. These include:
- Former family members . Usually they mean only the husband or wife after a divorce, however, according to family and housing legislation, a brother-in-law or sister-in-law, as well as other relatives on the part of the former spouse, can be registered in the apartment. After a divorce, formally they also cease to be members of the family, and the question of their eviction can be raised;
- Temporary residents . Each owner of an apartment has the right to use it for rent to other residents. Tenants even receive temporary registration (“propiska”) for the period while the contract is valid. And in the case when the contract has expired, or the contract itself has been seriously violated, the owner may require the tenant to leave his apartment and deregister. If they do not do this voluntarily, the owner can raise the issue of discharge through the court.
If a person checks out of an apartment, does he have the right to privatization?
Privatization is voluntary, no one is obliged to participate in it. Anyone, even a registered one, can refuse, but retain their right to life! However, persons not registered in it do not have the right to participate in privatization. It is possible if the child has not lost the right to use the privatized residential premises!
A short version of the question: Does a minor child under 10 years old who was discharged from this apartment more than 6 years ago but never lived in it with his parents have the right to participate in the privatization of an apartment? Are minor children obligated to participate in privatization if they were discharged at the time of privatization? from the apartment? I am registered in my ex-husband’s apartment. Does he have the right to kick me out of the apartment after a divorce?
Is it possible to cancel
According to the legislation of the Russian Federation, refusal to participate in the privatization of an apartment cannot be cancelled. And yet it is possible, but extremely difficult, to achieve it through the courts. This will require very strong arguments. These may be facts confirming, for example, pressure from other participants in the privatization or the deranged state of the applicant.
A refusal may be declared invalid if at the time of its commission the “refuser” was incapacitated or did not realize the significance of his actions (was in a state of severe stress).
A strong argument for revoking a refusal may be a misconception regarding the consequences of the refusal. This situation has a chance to end with a positive court decision in favor of the plaintiff.
However, it must be taken into account that the trial of such cases is a complex process, so it is almost impossible to win it without the help of an experienced lawyer.
It is possible to cancel a refusal to privatize if the documents for privatization are still being registered with Rosreestr.
In this case, a citizen who has refused privatization must urgently contact the notary who certified the refusal with a corresponding application. A notarized application for suspension of registration of submitted documents is submitted to the territorial office of Rosreestr.
How to privatize a leased land plot is described in the article: privatization of a leased land plot. The re-privatization of the apartment is described here.
How to find out the status of the privatization application, read on this page.
Does a child who did not participate in privatization have the right to an apartment?
What is the difference between the privatization of an apartment and a purchase and sale agreement? Even if the previous tenant registered there, for example the father of a child, refused to be discharged when concluding a contract for the right to own the property, the new owner can discharge him in court. This tenant does not have property rights, and in fact he does not live at the place of registration.
Buying any apartment, including a privatized one, carries many risks. These risks are doubled when one of the owner’s family members did not participate in the privatization. These may be convicted persons, members of the owner’s family in prison, his spouse, minor children, as well as persons subsequently recognized by the court as incompetent.
We recommend reading: What is Living Space in a Private House
Registration of refusal of privatization
Refusal of privatization is a fairly common procedure, since in most apartments registered as social rent, several people are registered at once. At the same time, registering property for all registered citizens can take much more time, effort and money than similar actions with one of the family members.
What it is?
Privatization is a special act of transferring municipally owned housing to individuals into personal ownership.
Such a measure contributes to the formation of expensive personal property in the form of housing for certain categories of citizens, if the citizen does not have the opportunity to purchase an apartment or house for cash, with a mortgage, or in another legal way.
Refusal of privatization is a process in which a citizen independently, without any outside influence or interference, refuses the opportunity to register the living space located in his social rented housing as personal property.
As practice shows, most often a refusal occurs when an apartment is registered in the name of one of the family members.
Who is eligible?
According to the legislation, in 2020 the right to privatize housing can be used by those categories of citizens who, according to a social tenancy agreement, are registered on the territory of municipal housing and live there.
At the same time, the same right is enjoyed by persons who do not have the opportunity to live permanently in a municipal or state apartment for the following reasons:
- the person is in prison;
- a person undergoing military service in the army;
- work of a person and his family members in the Far North.
It is worth noting the fact that persons registered in municipal housing on a temporary basis do not apply for privatization of the apartment in any way.
The legislative framework
The main legislative act that regulates all provisions of the privatization procedure is Federal Law No. 1541-1 “On the privatization of housing stock in the Russian Federation,” which states that:
- privatization of housing can be carried out by those citizens who are registered in this apartment on a permanent basis;
- registration requires the consent of all adults living in municipal or public housing;
- if a minor lives in the apartment, he may be required to give his consent, provided that he is at least 14 years old;
- All citizens of the country have the right to take advantage of privatization, but only once, etc.
This normative act is the main source of privatization rules, as well as a means of regulating the actions of both citizens and bodies authorized to carry out the procedure.
Refusal from privatization
Refusal from privatization can be formalized in several options, which are enshrined in Federal Law No. 1541-1, while each type of refusal carries a number of unique and individual outcomes that can in one way or another affect the fate of a citizen in later life.
Any citizen who refuses privatization must draw up an application in the established form.
Apartments
The rules for registering the abandonment of an apartment, as well as residential buildings, are partially regulated by the Housing Code, as well as the above-mentioned Federal Law.
When privatizing housing, the consent of all citizens registered in the apartment at their place of permanent residence is required; if someone simply does not want to begin the privatization procedure, then registering and conducting the entire process is completely impossible.
In favor of another person
Refusal from privatization in favor of another person is carried out so that the subsequently privatized apartment will be owned by one owner.
Most often, such measures are taken for the following reasons:
- reluctance to participate in bureaucratic red tape;
- lack of funds to pay taxes;
- desire to give sole opportunity to own property, etc.
An application from citizens who:
- have already participated in the privatization procedure;
- previously refused to privatize residential premises in favor of someone else;
- already own residential premises or a share thereof.
It is impossible to formalize the refusal in favor of any privatization participant, since according to the legislation, the share of the refused family member is divided proportionally among the persons who are going to register ownership of the apartment through privatization.
In favor of parents
Refusal in favor of parents is most often carried out when an adult child does not want to participate in the entire process or have a share in the apartment.
Registration of a refusal is cost-effective only if no other persons live in the apartment besides the parents and the child. If an outsider has permanent registration in municipal housing, the share of the “refusenik” will be divided proportionally between each person with whom a social tenancy agreement has been drawn up.
After the death of one or both parents, the refusenik has the same rights as other heirs to own living space. It passes as an inheritance estate and is not subject to “division” by other methods than specified in the will or regulations in the absence of one.
Minor child
The refusal of a minor child is carried out in a slightly different way than the refusal of a citizen who has reached the age of 18.
Before reaching the age of majority, such operations are performed only with the participation of guardianship authorities and after obtaining their consent.
According to legal practice, it is almost impossible to obtain permission to refuse to privatize a child, since the authorized bodies work exclusively in the interests of a minor or a minor.
Parents are responsible for filling out the application if the child is under 14 years old; upon reaching this age, the minor is required to complete the paperwork independently, but with the official permission of the parents.
How to apply?
The refusal to privatize one or more residents must be notarized, so in case of any problems, the newly-minted owner will be able to defend his rights to own the home without any difficulties.
Notarization
Notarization is necessary if this is the regulation of the services authorized to formalize privatization, in other cases it is not necessary. However, it is better to play it safe and carry out privatization as safely as possible.
The “refusenik” needs:
- visit a notary office;
- provide a passport and documents for an apartment (social tenancy agreement);
- often justify the reason for refusal;
- fill out an application in the prescribed form;
- wait for notarization and pick it up.
The refusal is included in the package of documents required for the privatization of the apartment by another person.
A sample refusal of privatization is here.
Right of lifelong residence
According to the norms of Federal Law No. 1541-1, any citizen who refuses privatization has the right to lifelong residence in an apartment privatized by another person.
At the same time, the resident does not have any rights to real estate registered in the name of another family member.
If the sole owner wants to sell the apartment, then it will not be difficult, and no one will be interested in the opinion of the refusenik. The apartment will be many times cheaper, but the fact remains that the “refusenik” is just a tenant and nothing more.
Other owners can use the apartment for their own purposes, also without notifying the “refusenik,” whose position will remain rather precarious, although enshrined in law.
In the case of selling a home, it is best to negotiate with the owner about compensation or provision of permanent registration in another residential premises, since sometimes life with new owners is difficult. A citizen can only renounce the right of residence and registration independently.
No authorities will evict or discharge him at the request or application of the property owner.
Consequences
The most common consequences that arise after refusal of privatization are:
- maintaining the right to lifelong residence;
- lack of rights to real estate;
- inability to receive a share from the sale of an apartment;
- a citizen can privatize another apartment subsequently;
- the share of any refusenik is distributed equally among all family members who are going to register an apartment.
How to discharge someone who has refused?
It is impossible to write out those who refused privatization, since Art. 31 of the Housing Code, which states that after the termination of family relations, a registered person loses the opportunity to use housing.
In this case, the legislator clearly formulated the right of a “refusenik” to live in an apartment throughout his life, regardless of the sale or rental of housing. It is not possible to discharge such residents.
Arbitrage practice
Resolution of the Plenum of the Supreme Council No. 14 dated July 2, 2009, clearly states that it is impossible to discharge residents who voluntarily refused the privatization of residential premises in favor of another person, since by such actions they planned to continue living together with the owner of the property, as well as the possibility of an indefinite using the home as a place of permanent residence.
Speaking about local courts, they strictly follow this resolution and do not ignore it, as this is unacceptable.
By the way, this resolution established the possibility of voluntary discharge from a privatized apartment as the only possible option for ending the possibility of indefinite use of housing.
Is it possible to cancel?
Refusal from privatization is a free decision of each family member registered in municipal housing.
The law allows for the possibility of canceling a refusal, but only in the following cases:
- a significant deterioration in the standard of living and financial situation of the person who refused privatization;
- the refusenik's feeling of need to participate in privatization.
In this case, the first method of annulment is carried out in court, and the second exactly until the moment the right to real estate is registered. Otherwise, you won’t be able to change your decision.
Refusal from privatization is an important step in the life of any person who is faced with this. First of all, it is necessary to weigh all the pros and cons and only then make a decision about refusal as such. The homeowner's decision can always undergo changes and ultimately turn the life of the rejected family member into hell.
Who and under what conditions has the right to participate in free privatization
- children;
- wife husband;
- parents;
- Grandchildren;
- other relatives;
- dependents recognized as incompetent, who are fully supported by the tenant, moved into the apartment as family members;
- in special cases, other persons may be recognized by the court as family members.
For this reason, it is important to find out before carrying out the privatization procedure whether your housing is in disrepair if you are not sure about this issue. If you start processing documents and only later find out about this fact, no one will reimburse you for the expenses already spent in the process.
What rights does a person have if he refuses privatization of the apartment in which he lives?
It is important to remember here that once you have privatized, you cannot do it a second time. Typically, those who have hopes of receiving residential space from the state refuse privatization. These are, most often, military personnel and members of their families, those on a waiting list for new housing, and some other categories.
To simplify the situation, sometimes parents refuse in favor of their children. But single people, in whose apartments no one else is registered, should think about privatization. Of course, if they intend to bequeath their property to someone else. Otherwise, they will have only one heir - the state.
If a person checks out of an apartment, does he have the right to privatization?
I live and am registered in my friend’s apartment, he wants me to privatize the apartment for myself, but I was refused privatization, although I have not yet used the right to privatize. Please explain what we should do with my father, maybe he needs to write a power of attorney for me or he can privatize me himself, or in our case.
I live in a privatized apartment for my mother - she is the only owner. During privatization, I signed a waiver of my share. At the time of privatization (as of March 1992) of the apartment, my daughter was an infant and was registered in the apartment. I did not sign the waiver on behalf of my daughter. Can she now claim her share?
Revolution! Those who refuse privatization can now be discharged
The question does not involve formality - whether he gave a notarized receipt or not. The question is the housing rights of those who refused privatization. According to the law, refusal to protect your rights is void. And it is still unknown under what conditions he gave such a receipt. Maybe his mother promised to move him in, but then refuses to do so. And the court will take into account everything related to the circumstances of moving in, living, the conditions under which the receipt was drawn up, and not just a receipt. If his mother moves him in and registers him, you shouldn’t have any problems.
Who has the right to participate in the privatization of an apartment: analysis of situations
It is difficult to say how important it is to have a warrant now. On the one hand, you can still go through privatization by presenting an agreement or records from the archives about living in an apartment. On the other hand, there is no need to throw away the order: with its help, the procedure will be accelerated .
A citizen can exercise the right of free privatization only once in his life . It is possible to carry out the procedure again only if the initial privatization was carried out with violations. By proving this in court, you can get the deal canceled.
How does the checkout take place?
The most reliable way is to reach an agreement peacefully. In this case, the tenant being discharged will simply go to the passport office at the housing office or directly to the FMS office and submit an application to be deregistered at his previous address.
If it was not possible to settle the matter amicably, you will have to go to court with a statement. In it, the owner must indicate:
- on what basis does he own the apartment in whole or in part (purchase of a share, privatization, etc.);
- who exactly is registered in the apartment;
- on what basis did the defendant lose the right to reside in the apartment and should be evicted and discharged;
- what evidence supports the plaintiff’s position.
After considering the application and examining the evidence, the court makes a decision.
If it is in favor of the plaintiff, the tenant is obliged to leave the apartment and check out. If he does not want to do this voluntarily, he can be evicted by force with the help of bailiffs and the police.
LEGAL WILD OF REAL ESTATE - from palaces to huts
On the one hand, you are the owner of the apartment, and on the other hand, you do not have the right to take and write out those who agreed to give you their share (Article 31 of the Housing Code of the Russian Federation). This is because your relatives, who before privatization had equal rights to use a municipal apartment as you, have, as it were, exchanged their right to a share for the right to use this living space.
If the child has a share in the apartment, even the parents themselves will find it extremely difficult to sign their child out. The purchase and sale of an apartment and other manipulations with the size of housing and property rights in it can lead to a deterioration in the child’s living conditions and a violation of his rights. And the guardianship and trusteeship authorities may demand to stop the purchase and sale of housing.
How to discharge a person refusing privatization...
So, an apartment is offered for sale. Privatization in the mid-90s. Owned for so many years, one owner, property received free of charge, there will be no problems with the spouse. It’s just that in addition to the owner, there are 2 more people registered in the apartment. We look at the title documents for the apartment. The basis is a transfer agreement, it involves one person, the current owner.
How to discharge a citizen who has refused to privatize an apartment or who has previously participated in privatization?
He does not agree to transfer state real estate to private ownership, and it will continue to be the property of the country. Residents also continue to live under the terms of a social rental agreement. For this, you do not need to obtain any documents - the citizen simply does not submit an application. It’s better for you to ask your son (and it’s him, not his mother) to de-register. Otherwise, you need to deposit a separate amount in a safe deposit box for deregistration. In court you can solve this problem, but on the condition that he leaves. And if he lives, you won’t be able to evict him.
At the same time, the Defendant took advantage of the Plaintiff’s weakened state of health and misled him regarding the nature of the transaction and the legal consequences of its completion.
Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.”
If you do not contact a lawyer, the judge himself will fill out the requests, and will offer you to take them to the organizations and pick up the answers when they are ready. He will offer it, but he has no right to force it. And you will no longer have the opportunity to adjust more profitable requests for your business. And you will no longer be able to filter out the responses received and discard unnecessary ones.
In this case, one rule applies to all options - the abandoned spouse has the right to live until his last days, that is, indefinitely.
Yes, colleagues, although the question was spelled out in the plenum, in my practice there was exactly the opposite case. It's been a long time, really... Then, the plenum is not always respected by the courts, and its decisions are not normative acts. Many of the provisions of various plenums are literally “made up from thin air”, and far from meeting the requirements of legality, and not all courts comply with them.
Entering into a deal with permanently registered refuseniks - I don’t recommend it. Why? Even if they write statements with an obligation to withdraw from the permanent registration of the residential premises after the purchase and sale of an apartment, they can refuse this statement at any time, maintaining a lifetime right of use.
