Cancellation of privatization through the courts. Is it possible to cancel the privatization of an apartment?

general information

Many citizens think that in order to become a full-fledged owner of an apartment, all they need to do is acquire ownership of it.
In part, such thoughts are correct, because ownership is of decisive importance in matters of who actually owns the property.

However, we should not forget about another important action, which is called privatization.

The concept itself came to us from the Soviet Union. Then all state real estate was urgently transferred to private property , which, of course, presupposed a certain procedure.

But you should not think that today all real estate is privately owned, and there is no need for the procedure.

Many citizens continue to live in housing under a social tenancy agreement , but in fact, the real estate is purely state property. In some cases, it is still possible to privatize such an apartment if a number of factors are met.

But sometimes a successfully completed procedure raises questions among some citizens, calling into question its legality . Therefore, sometimes there is a need to challenge this procedure or make changes to the procedure. We will talk about these issues in this article.

Read about the procedure for deprivatizing an apartment in our article. A sample claim to the court for recognition of the right to privatize residential premises is available.

General information

The process of transferring housing from state or municipal property to private ownership takes place taking into account a number of special rules provided for by current legislative sources. Legal regulation of this issue is carried out by:

• The Civil Code, establishing in Art. 217 the right of a citizen to receive property from a regional or federal fund;
• Housing Code, which regulates the basic principles of housing legal relations;
• Law of the Russian Federation No. 1541-1 of July 4, 1991, which defines the procedure for appropriating the state housing stock by individuals and legal entities;
• Federal Law No. 178 of December 21, 2001, which establishes the principles of distribution of municipal and federal property.

Privatization occurs at the request of the interested entity. The acquisition of property is voluntary. Each person has the right to refuse to be granted owner status, because such a title provides not only opportunities, but also obligations. For example, the debt to maintain housing in proper condition and pay taxes. Housing space is allocated to residents who occupy premises under a social tenancy agreement or have moved in on the basis of a warrant. The interests of minor users must be protected.

Important! Current legislation allows a citizen to privatize real estate free of charge only once. In this regard, challenging an illegal privatization act makes it possible in the future not to lose the privilege of receiving your own apartment free of charge.

Refusal of one of those registered for privatization of housing: registration, consequences

Reading time: 7 minutes

The privatization of apartments is not a new phenomenon for Russia. The allocation of shares in residential premises is made with the consent of those who are registered in the living space. Sometimes in such a situation it is necessary to formalize the refusal of one of those registered to privatize. The document is notarized and submitted to the authorized bodies.

What is registration?

Propiska (registration) is a way for the state to control the movement of citizens across the territory of the Russian Federation. In addition, being tied to a place of residence allows individuals to protect their rights and fulfill their responsibilities.

Registration is an important tool for shaping migration policy.

Registration does not oblige a person to stay in one place - he has the right to move freely throughout the country and abroad. And yet, regardless of citizenship, subjects residing in Russia must register.

Find out in more detail how registration differs from registration at the place of residence.

General information about privatization

The procedure for transferring state property into private hands is called privatization. It is regulated in the Russian Federation by Federal Law No. 178-FZ of December 21, 2201 “On the privatization of state and municipal property.”

A non-privatized apartment is one of the components of a state or municipal fund. Such housing belongs to the authorities. People who are in such premises (tenant, members of his family) have only the right to residence.

Types of non-privatized housing:

• service apartments;
• dormitories;
• residential premises in closed military camps;
• ordinary municipal apartments.

The legal status of the premises affects the property and non-property rights of residents. Appropriation of state property is possible in different situations, including the privatization of an apartment with a registered minor child.

Before deciding to appropriate living space, you need to understand the differences between privatized and municipal living space:

1. A non-privatized apartment can be transferred to private ownership. If it has already been assigned, there is no such need.
2. Council housing is maintained by the local authority. The owner maintains a privatized apartment himself.
3. Accommodation in government premises is based on a social tenancy agreement.
   After the privatization of housing, the agreement is canceled; residents must obtain regular registration at their place of residence. The legal document is an extract from the Unified State Register of Real Estate.
4. The owner of a privatized apartment disposes of it at his own discretion.
   In public housing, the tenant and his family have the right only to reside.

We also suggest learning in more detail how to register in a non-privatized apartment.

Why some people refuse privatization

Subjects using an apartment on the basis of a social tenancy agreement do not always know whether it is possible to refuse the privatization of residential premises. This is provided by law, and the subject will retain the opportunity to live in the facility, paying the costs of its maintenance.

The main reasons for refusing privatization:

1. Registration in an apartment by third parties is permitted with the consent of all tenants and the owner of the property (state, municipal authorities). For some people, this norm is a guarantee of respect for their rights and interests.
2. If the condition of the housing is recognized as unsafe and subject to demolition, the residents of the house will receive a new apartment free of charge (Article 86 of the Housing Code of the Russian Federation).
3. Increase in the amount of utility bills. Homeowners pay fees for major repairs and property maintenance.
4. The need to pay property taxes.

These are the main motives that encourage employers not to privatize an apartment or a share in it.

Every registered citizen has the right to refuse to appropriate state property.

Registration of refusal to appropriate state property

Refusal from privatization is expressed in the form of a statement. It is compiled by the person registered in the residential premises. The refusal to transfer ownership rights is formalized in writing and certified by a notary.

A negative decision may be due to various factors. The refusal does not prevent other tenants from registering property rights to housing.

Where to go and how much it will cost

To issue a refusal, you need to personally draw up an application and have it certified by a notary. You cannot authorize someone to do this with a power of attorney.

The notary checks the reasons for the refusal, studies their validity, certifies the refusal and issues it to the applicant. On average, you need to pay 1-2 thousand rubles for this service.

In addition to certifying documents, the specialist will also tell you where to go to refuse privatization of the apartment.

Typically, the application is submitted to the body responsible for the privatization of residential property (city administration) at the location of the property. In addition, you will need:

• passport,
• social tenancy agreement,
• extract from the house register and personal account,
• decision of the guardianship authorities if the child refuses.

Application requirements

Refusal to privatize is expressed in writing. The application must contain:

1. Full name of the applicant.
2. Passport details.
3. Information from the birth certificate, if the citizen is still a minor.
4. Place and date of birth of the resident.
5. Permanent registration address.
6. Data about the privatized apartment: location, area, etc.
7. Reasons for refusal.
8. Information about privatization participants.

We suggest you study a sample application for refusal.

Documents for a notary

When contacting a notary to certify the refusal, you need to prepare your passport and registration certificate. Additionally, the notary may request a certificate of the citizen’s legal capacity, and so on.

If a trustee acts on behalf of an incapacitated subject, documents confirming the representation of the interests of another citizen (decision to establish guardianship) are transferred.

Is it possible to refuse in favor of other residents?

Refusal to privatize one of those registered in favor of another specific person (wife, children, parents) is not provided. The person’s share will be distributed proportionally among other participants in the transaction registered in the premises.

You can refuse to transfer rights to a property in the following ways:

1. Do not take part in privatization by drawing up a notarized document.
2. Draw up a gift agreement.
   You can only donate the already appropriated part of the apartment, since you cannot dispose of property that is not private property.
3. Relinquish the authority of the owner (Article 236 of the Civil Code of the Russian Federation).

Even if the majority of residents refuse, it is possible to register an apartment for one owner, including a minor (Article 2 of the Federal Law of July 4, 1991 No. 1541-1).

How does a minor express refusal?

A minor has the right to take part in the appropriation of state property. Until the child turns 14, all decisions are made for him by his parents or legal representatives. However, they cannot themselves formalize a refusal to privatize a minor child registered in the apartment. The consent of the guardianship authorities will be required.

To obtain permission from the PLO, parents will have to explain why they do not want their child to take part in privatization:

• there is other housing with better conditions;
• the apartment does not meet sanitary standards;
• the residential premises are recognized as unsafe or dilapidated, and so on.

The reasons for the refusal of a minor subject must be compelling, otherwise the guardianship authorities will decide that the interests of the child are being infringed. Children should be provided with conditions equivalent to or better than their current housing.

Refusal based on a gift agreement

To transfer part of the property in a privatized apartment, you need to draw up a gift agreement in ordinary written form (notary certification is not required). The document is drawn up in 3 copies: for the donor, the donee and the registration service.

In addition, you should prepare:

1. A certificate issued by the Rosreestr authority, since confirmation of ownership of real estate is subject to mandatory state registration.
2. Technical papers for the apartment: registration certificate, plan, certificate from the BTI.
3. Receipt for payment of state duty.

With these documents, the subject who decided to refuse and the recipient of the gift contact the registering organization. Its employees will accept the papers and inform you when the donee receives a certificate of ownership.

Rights of a person who refuses to appropriate property

An entity that was registered at the time of privatization but did not participate in privatization continues to have certain rights to this property:

1. He does not lose the opportunity to live in a residential building even if the owners change.
2. The citizen still has the opportunity to use common property.
3. If you renounce your share on the basis of a gift agreement, mentioning this clause in the deed of gift will allow you to retain the opportunity to live in the apartment.

A citizen who, having refused privatization, continues to live in the premises, can be forcibly evicted only if he is recognized as an unscrupulous tenant.

What happens after refusal

Some consequences of refusal of one of the prescribed privatizations should be taken into account:

• inability to dispose of the apartment: sell, rent, inherit by will, and so on;
• distribution of the share of the person who refused among the remaining citizens registered in the apartment;
• Alienation of a share in property received in ownership on the basis of a gift agreement deprives all rights to this living space.

The consequences of the refusal of one of those registered to privatize apply to the rest of those registered in the residential premises. To terminate the owner’s powers, it is better to privatize the apartment and then sell it.

How does privatization proceed after refusal?

Sometimes a person who has made a decision to give up property changes it. If privatization has not yet begun, you can contact the notary who certified the refusal and have it cancelled.

Then the person will be included in the list of persons participating in the assignment of residential premises.

It is more difficult when, after privatization, a citizen understands that when registering the refusal, his cohabitants misled him or he simply did not realize the consequences of his actions. This will have to be challenged in court.

Since the burden of proof is on the plaintiff, he must prove fraud and misrepresentation. In such a situation, you need to focus on the norms of the Civil Code of the Russian Federation (Article 178 and Article 179).

If the outcome of the case is positive, the privatization is declared invalid. The person will be included among the owners legally. But it is not always possible to prove that you are right.

Privatization in case of refusal of one of the registered entities

The process of privatization of residential premises is accompanied by the division of its parts between registered persons. You cannot receive a share in the apartment if the rest is not appropriated. Thus, the privatization of living space is carried out either by one person, or by several entities as shared ownership.

The refusal does not need to be issued if the person is already the owner of privatized housing.

You can privatize part of an apartment, but only if it is not a single object, and one part of the premises is allocated in kind. BTI must recognize a room or several rooms as an independent object.

Here are some things to consider during privatization:

1. A subject who simply lives in an apartment, but is not registered in it, does not have the right to a share in the premises.
2. The consent of minors is not required.
   Their participation is mandatory regardless of their opinions and the position of other family members.
3. Those who have already used the right to privatization cannot do so.
4. Persons who have written a refusal to share must also not express consent.
5. Subjects evicted from an apartment by court decision cannot interfere.

If persons have the right to privatization, it is necessary to negotiate with them individually. It is better for the subject to write a waiver of the share, otherwise the process of appropriation will not begin. If the apartment is privatized for one person, but several are registered, this is a normal phenomenon, since the owner of the premises has the right to dispose of it at his own discretion.

Although it is possible to privatize an apartment without the consent of one or all of those registered, in most cases this issue is resolved through the court. Before contacting the justice authorities, you need to clarify which of the registered residents has the right to a share in the apartment.

Invalidation of the refusal to privatize

A refusal to privatize can be annulled in the following cases:

• significant deterioration in the standard of living and financial situation of the person who refused;
• the desire of the refusenik to participate in appropriation.

The first method occurs in court, and the second is possible only until the registration of the right to real estate has been carried out.

Peculiarities of timing during privatization

The most common grounds for challenging the privatization of an apartment are presented below.

The plaintiff may be a participant in the transaction (new owner and administration) or a third party:

• guardianship authority if the rights of minors are violated;
• a person who did not participate in the privatization of housing, although he should have;
• a citizen who signed a refusal under the influence of threats, violence or delusion.

For everyone, there are different starting points for the return of the apartment to the state (municipality).

Representatives can act on behalf of participants on the basis of a notarized power of attorney.

Attention! The wording “knew or should have known” is quite vague. Refuseniks need to remember that the court most often calculates the claim period from the moment the procedure is completed, even if the person was a minor at the time of signing the waiver.

When is the statute of limitations important?

Privatization of an apartment must be carried out in strict accordance with the law. If violations are committed, the person whose rights were violated has the right to file an application with the court demanding that the transaction be declared illegal. Let's consider the main types of violations within which this procedure can be challenged or declared void.

How to cancel the privatization of an apartment: voluntarily and through the court

According to the law of the Russian Federation, every citizen can become the legal owner of living space by privatizing a municipal apartment. This opportunity appeared in 1991, and since then many people have become happy owners of their own homes.

But you should understand that maintaining a property involves significant costs. This includes the cost of major repairs, payment for housing and communal services and other costs.

At the same time, residents of municipal apartments pay only rent, and all other expenses are borne by the state.

Not all citizens are happy with this state of affairs. Some people were unable to pay their bills, and therefore they can go through the deprivatization procedure, returning their housing to the ownership of the municipality. Below we will talk about how to cancel the privatization of an apartment.

Is it possible to cancel privatization?

Is it possible to cancel privatization? This question is asked by many residents of our country, for whom the status of homeownership has turned out to be an unbearable burden. The privatization procedure is not final.

The legislation provides for the possibility of refusing a transaction, which every citizen can take advantage of. It is possible to return housing to municipal ownership both voluntarily and in court.

In addition, it is possible to suspend privatization at the stage of paperwork.

Article 209 of the Civil Code of the Russian Federation states that as a result of privatization, a person becomes the legal owner of housing. Further, he has the right to dispose of the property at his own discretion. If the apartment is in shared ownership, then in order to conclude legally significant real estate transactions, the citizen will have to obtain written permission from other shareholders.

By law, the abolition of privatization can occur in accordance with the following rules:

• termination of the transaction is possible only by its participants;
• if a minor refuses privatization, the consent of the guardianship authorities will be required;
• refusal is allowed only once in a lifetime.

Grounds for refusal

The deprivatization procedure involves the termination of the housing privatization agreement. The desire to cancel a transaction may arise for a number of reasons. Most often, the basis for refusal is financial situation, when the owner does not want or cannot bear the costs of maintaining the property.

Let's consider the main reasons for deprivatization:

• the conditions of privatization were grossly violated;
• the owner’s financial situation does not allow him to pay for the maintenance of the house;
• the property was registered as a property using forged documents;
• shares in privatized housing were distributed unfairly;
• fraud was discovered during the signing of the contract;
• the interests of one of the residents (for example, a minor) were ignored;
• one of the privatization participants was declared incompetent;
• the citizen re-participated in privatization;
• illegal redevelopment was carried out on the premises.

The privatization procedure can only be challenged in court due to identified violations. To do this, the interested person only needs to contact the district court. In addition, the procedure can be carried out voluntarily.

Then, to cancel privatization, it is enough to contact the local Housing Department. If there are compelling reasons, the application will be granted and the apartment will become the property of the municipality.

After this, the former owner of the property can enter into a social tenancy agreement, which will allow him to use the housing for his own residence.

How to cancel privatization

Initiating the process of deprivatization is not as difficult as it might seem at first glance. To do this, the applicant must have serious arguments that are indicated in the application. Next, an official request is sent to the government agency. If there are no serious obstacles to canceling the procedure, the housing is again transferred to municipal ownership.

If disputes arise between residents or there are other interested parties, the issue is resolved in court. In this case, the deprivatization procedure may differ. Let's consider both options.

Algorithm of actions

In most cases, deprivatization is voluntary. Such processes take place quickly and without additional complications. Let's look at the approximate procedure:

1. A statement is drawn up.
2. The documents are sent to the local administration.
3. The request is reviewed and a decision is made.
4. If satisfied, an agreement is concluded with the applicant to return the housing to the municipality.
5. Corresponding changes are being made to Rosreestr.
6. The former owner enters into a social rental agreement with the municipality.

If serious violations were committed during the privatization process, then cancellation is possible only in court. The same applies to resolving any disputes arising on this basis between residents or interested parties. If the court annuls the privatization, residents will have the opportunity to privatize their housing again for free.

Let's look at how you can cancel the privatization of an apartment through the court:

1. The parties conduct pre-trial negotiations, trying to resolve the issue peacefully.
2. Preparation of documents.
3. Drawing up a statement of claim, which details the essence of the claim.
4. Payment of state duty.
5. The documents, along with the application and receipt for payment of the fee, are submitted to the secretary of the office.
6. Attendance at all court hearings.
7. Obtaining a court order.
8. You must contact the administration with the court's decision, as a result of which the housing privatization transaction is automatically cancelled.
9. Changes are made to Rosreestr.
10. Residents sign a social rental agreement.

Process Features

The procedure for deprivatization at one's own request is somewhat different from actions through the court. However, most of the stages are the same. Let's look at them in more detail:

1. First of all, the applicant needs to obtain written consent from all residents of the privatized apartment. If there is at least one refusal, you will have to act through the court.
2. Contacting the local administration, where permission for privatization was previously obtained. All residents must be present. If one of them cannot participate in the process, he should issue a power of attorney for a representative.
3. Signing an agreement initiating the process of returning housing to the municipality. It should be understood that if we are talking about an emergency or dilapidated building, then subsequent residence in it will be impossible. The agreement must be signed by all participants in the process.
4. Conclusion of a social rental agreement. If the municipality has available apartments, citizens may be offered several options to choose from.

If the parties have mutual claims, it will not be possible to do without a trial. Either one of the residents, or the administration or guardianship authorities can go to court.

How to file a claim

To initiate a lawsuit, a citizen must competently draw up a statement of claim. This document is created in accordance with the norms of civil procedural legislation. In case of inaccuracies or deviations from the rules, consideration of the claim may be refused.

The application must contain the following information:

• legal address of the court to which the claim is filed;
• personal data of the plaintiff and defendant, as well as their contacts indicated in the passport;
• an indication of the circumstances of the case and the reasons for going to court;
• reference to articles of law on the basis of which the plaintiff has the right to defend his position in court;
• list of requirements;
• application (list of documents);
• plaintiff's signature and date of application.

Success in court depends on the completeness of the evidence base. Written materials, photographs, videos, audio recordings, witness statements, etc. can be used as evidence.

Documentation

The procedure for deprivatizing an apartment involves collecting the following documents:

• identity cards of all participants in the transaction;
• statement of the owner's personal account;
• extract from the Unified State Register of Real Estate;
• a copy of the privatization agreement;
• statement;
• if minors are involved in the transaction, notarized consent of the guardianship authorities will be required;
• certificate of family composition;
• extract from the Federal Tax Service.

Terms of consideration

The application is considered by the municipality for no more than a month. The agreement to cancel privatization is signed the next day after the decision is made.

If the issue is resolved in court, the procedure may drag on for a period of 2-6 months. After receiving the court order, the applicant should contact the administration. Here the request is considered for no more than a month.

Price

The deprivatization service is absolutely free. However, the applicant may incur certain costs when obtaining certain documents. For example, the cost of an extract from the Unified State Register of Real Estate is 460 rubles, and a notary will charge between 1000-2000 rubles for issuing a power of attorney. When filing a claim, a citizen will need to pay a state fee of 300 rubles.

Why can they refuse?

In some cases, the applicant may be denied deprivatization. This happens for the following reasons:

• the property is under collateral;
• illegal redevelopment was carried out in the apartment;
• the residential property was alienated on the basis of a gift agreement, will, etc.;
• one of the apartment owners has not reached the age of majority;
• one or more owners do not want to return the property to the municipality.

With the voluntary abolition of privatization, problems, as a rule, do not arise. Otherwise, justice can be achieved in court. If there are compelling reasons for deprivatization, the court satisfies the claim, and the apartment becomes municipal property.

Source: https://runasledstvo.ru/mozhno-li-annulirovat-privatizaciyu-i-kak-eto-sdelat/

In what cases is it used?

Privatization is the process of re-registration of state or municipal real estate into private ownership. The procedure is standard and clearly regulated, but in practice, during its implementation, unforeseen situations often arise. If the re-registration of ownership was carried out with violations, privatization is considered void. Such a transaction can only be challenged through court.

Privatization may be considered illegal if:

1. One of the residents did not receive the share due to him by law. If a citizen at the time of re-registration was registered in a municipal apartment, but when drawing up the agreement on the transfer of housing, his name did not appear anywhere, and no official written, notarized refusal was received, then this is a clear violation of the privatization regulations.
2. The citizen took part in privatization again. According to Article 11 of the Federal Law “On Privatization”, this procedure can be carried out free of charge only once in a lifetime. You can re-obtain ownership of municipal housing by paying the full cadastral value for it. Sometimes employers deliberately hide the fact that they previously took part in privatization as adults, which is strictly prohibited, just like providing fake documents to registrars. Legislators have provided for criminal prosecution for this.
3. The interests of the minor were not taken into account. According to the law, even if the child is not registered in the apartment together with one of the parents participating in the privatization, he is entitled to a mandatory share in the housing. Sometimes they forget about this or deliberately do not indicate children in the contract at all.
4. Citizens were forced into privatization through violence or blackmail. As a rule, such cases occur when re-registration of emergency or dilapidated living space.
5. At least one of the participants was declared incompetent at the time of re-registration.

If one or more of the above grounds have been established, persons whose legal rights and interests have been violated can safely begin to challenge privatization in court.

Statute of limitations

The norms of civil law establish strict deadlines within which it is necessary to prepare evidence and file a statement of claim. Depending on the category of cases, the limitation period will be different:

• 3 years are allotted to recognize a privatization transaction as void;
• You can challenge a transaction within 1 year from the date of its completion.

Transactions that were initially void are considered void, that is, residents did not have the legal right to participate in them. For example, a person has already privatized municipal housing, or the house is in disrepair and cannot be re-registered.

Voidable transactions are transactions that were concluded correctly, but in violation of the interests of other persons, for example, during privatization, a child was not allocated the share required by law.

If violations are discovered during the re-registration of housing, citizens whose legal rights and interests were not taken into account have the right to file a claim in court to declare the privatization illegal.

The limitation period begins not from the date of completion of the re-registration, but from the day when the violation became known. If no appeals have been received to the court within three years and there are no valid reasons for missing deadlines, it will no longer be possible to challenge the transaction in the future.

Voidable transaction

Challenging a transaction is the recognition of part of the clauses of the contract as invalid with the subsequent conclusion of an additional agreement. In the case of registration of ownership of municipal housing, this is extremely rare. The period for such a challenge is 1 year.

Example: Privatization is completed, all residents received their shares, but one of them received a slightly smaller share. This person has the right to file a lawsuit within a year and challenge the clause in the contract that states shares, so that everyone receives equal parts, as stated in Law No. 1541-1.

A worthless deal

This option is much more common and involves recognizing the transaction as void. As a consequence, privatization is completely reduced to the previous value. Simply put, all residents lose their property rights, and housing again becomes municipal or state-owned. After this, you can carry out the procedure again, the main thing is to avoid making mistakes again. The statute of limitations in this situation is 3 years.

Example: During privatization, the rights of one tenant, who at that time was serving in the army, were ignored. At the end of the term, he returns and learns about the changes that have occurred. Now such a person can file a lawsuit and declare the transaction void.

Refusals. Causes.

Refusal to deprivatization may follow for the following reasons:

• The apartment does not meet the requirements: it was not previously privatized, redevelopment was carried out.
• The applicant wants to deprivatize only its share.
• There were errors in the documents.
• The guardianship authorities refused to consent to deprivatization.

If everything above is in order, but the refusal still occurs, you need to clarify for what reason. To do this, it is recommended to request a refusal in writing, indicating specific data due to which this procedure is considered impossible. In some cases, you can achieve what you need by going to court.

Carrying out deprivatization is somewhat easier than privatization due to the fact that the technical passport of the BTI, with which most of the problems arose, will already be in hand. The remaining documents are not too difficult to collect. However, you will still have to spend your time and effort to implement the procedure. In addition, depending on the region of residence, you will also have to take into account local characteristics. At a free consultation, our specialists will help you understand the main, most controversial issues. They are ready to represent your interests, act as representatives, or even fight for deprivatization rights in court.

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Save or share the link on social networks ( 1 ratings, average: 5.00 out of 5) Author of the articleNatalia FomichevaExpert lawyer of the site.
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Is it possible to restore the missed deadline?

Restoring missed deadlines, just like challenging privatization transactions, is carried out in court. In this case, the interested party must submit a statement of claim or petition according to the established form.

Restoring missed statutes of limitations refers to a special category of cases in which there is no actual dispute between the parties. The process is regulated by Article 112 of the Code of Civil Procedure of the Russian Federation.

It is quite possible to restore the deadlines, but only if there are really compelling reasons. The main reasons for absence, which the court can recognize as valid, are contained in Article 205 of the Civil Code of the Russian Federation.

In practice, deadlines are most often missed due to:

1. Long-term illness. The claim must be accompanied by: an extract from the medical record, expert opinions, prescriptions for medications and receipts indicating their purchase. The more evidence, the better.
2. Business trip. The fact is proven by presenting an order to move for work to another region or country, financial documents, checks, a certificate of temporary registration at the place of stay, a foreign passport, and so on.
3. Staying in places of deprivation of liberty. A copy of the court verdict, certificates from the colonies, and written testimony of witnesses should be attached to the claim.
4. Conscript or contract service in the armed forces . As proof, you will need a copy of the order of the Ministry of Internal Affairs, a certificate from the military commissariat.

This is not a complete list of reasons for missing deadlines that can be considered valid. Each specific case is considered by the court on an individual basis, provided that all the applicant’s arguments are supported by documents.

Reasons for reinstating the deadline

Let us give examples of the main valid reasons under which a person can restore the missed statute of limitations.

The court is usually ready to consider other valid reasons for reinstating the statute of limitations, but it must be remembered that such reasons must be supported by documents.

Application for reinstatement of the limitation period

To restore the statute of limitations, you need to prepare and send the following statement to the court:

Consequences

The consequences of challenging, changing or canceling privatization include the following scenarios:

:

1. Voluntary refusal by the party who carried out the procedure illegally.
2. Bringing to justice those who violated the law.
3. Restoration of the rights of those persons whose rights were violated.
4. Compensation for unlawful actions, moral and material damage.
5. Return of real estate back to the ownership of the municipality.

The fact of privatization is not final and if you believe that it is illegal or in any way violates your rights or the rights of any persons, do not hesitate to contact the appropriate authority.

Despite the established concepts of statute of limitations for a claim, it begins to operate only at the moment when you learn of a gross violation of the law by the privatizing party

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Don't be afraid to stand up for your interests. The judicial system has extensive practice in such cases and you can familiarize yourself with it at any time and make your contribution.

You can find out whether it is possible to challenge the privatization of an apartment from the video:

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The statute of limitations for the privatization of an apartment must be taken into account if the question of challenging or changing the terms of the transaction arises. In this case, the rules on recognizing transactions or their individual provisions as invalid, which are enshrined in the Civil Code of the Russian Federation, must be applied.

Is it possible to challenge the privatization of an apartment?

Almost any official action can be challenged within the framework of current legislation. This also applies to privatization. It is possible to challenge both the fact of privatization itself, which, if successful, will lead to the return of the apartment to the ownership of the municipality, and the distribution of shares, which is why changes are made to the privatization agreement and, as a result, to the Rosreestr data. In the latter case, in fact, new certificates of ownership are issued with a different ratio of shares in ownership of the property.

In which cases

Privatization can be challenged on the basis of any violation clearly specified in the legislation. In particular, in law No. 1541-1. Several examples of grounds under which the procedure could be declared invalid (the transaction is considered void):

• A deceased or missing person participated in the privatization procedure. Despite the need for signatures from all parties, this becomes possible by issuing a power of attorney to a representative who deals with all issues. This can even be an absolutely legal power of attorney, executed before the person’s disappearance/death. However, such persons cannot participate in privatization. On the other hand, if a missing person suddenly turns up, he is quite capable of challenging the procedure.
• During privatization, the specialist was provided with incorrect, forged or expired documents. In fact, a specialist is obliged to check them, but this is not always possible, especially since it is not possible to identify a number of fakes “by eye”.
• During privatization, one or more tenants were not specified in the contract. However, they did not abandon the procedure. Often this option is only possible if the specialist is inattentive, since if at least one tenant renounces his share of the property, this must be confirmed by notarized documents.
• The situation may be the opposite of that stated above: the contract specifies a person who is not one of the residents of the apartment. For example, this could be a person who cohabits with one of the users of the premises, but formally does not have any rights to be here.
• Also, privatization can be challenged if it turns out that one (or several) residents who participate in the procedure have previously been involved in privatization and have already spent their right.

Privatization is available only once in a lifetime. This rule does not apply only to minors. They can participate in the procedure twice: once before reaching adulthood and once after it.

• Privatization can also be challenged in cases where the contract does not include a minor registered in the given property.
• Forcing one of the residents to refuse privatization may also lead to a challenge to the procedure. This also includes deception or misrepresentation.

Most of the situations described above are in one way or another connected with forgery of documents, since often all the necessary information is indicated in the papers provided to the specialist. And due to his duty, he simply cannot ignore the data in these documents.

How to cancel privatization

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common shared ownership was registered for 4 people. One owner is against it and has registered a minor child as his share; he will not give up the property. It will not be possible to isolate in nature because...

shares 4, rooms 3. 1.1. To invalidate a transaction, you need grounds; it does not follow from your question that there are such grounds. The owner is not required to give up his property.

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When is it considered illegal?

In what cases is it possible to invalidate a process? Not every privatization procedure is considered illegal .

The legislator has established only a number of factors that, one way or another, may influence the consequences of the procedure to be rejected . So, let's look at some of them:

1. If it was carried out on behalf of a minor citizen, then it is likely that such an action could be challenged in court, but for what reason? The fact is that a minor, due to his age, cannot fully understand the full responsibility of the decision, and his representatives can make a transaction, guided not by the interests of the child, but by their own benefit. If this fact is proven in court, the procedure will be considered invalid.
2. If a citizen was declared incompetent, and this procedure was also carried out on his behalf, there is every reason to try to recognize the process as illegal, since the person cannot fully understand the full responsibility of the actions he carries out.
3. If there is a limited capacity, then such a procedure is also called into question. The last reason, which somewhat stands out from the general series, is due to the fact that the person, agreeing to the transaction, could not and for certain reasons was not at all aware of all the consequences of the action being taken.

The reasons do not end there; there are many of them, depending on the specific situation. Within the framework of this article, you and I have examined the main ones cited in judicial practice.

Another case when privatization may turn out to be illegal is due to the fact that the procedure itself was directly violated .

This is manifested in the fact that the papers were drawn up in an invalid manner, incompetent persons were involved, as well as other dangers.

Another case of illegal appropriation of housing is the implementation of actions that simply do not have the right to carry out privatization .

One of the most significant violations is the signing of all available papers by a person who is incompetent in this matter.

Find out from our articles about the rights and obligations of the owner and those prescribed in a privatized apartment, what the owner of privatized meters will have to repair at his own expense, as well as how to refuse to participate in the procedure.

Conditions for declaring illegal

Privatization is considered illegal and is subject to cancellation on the following grounds:

1. 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.
2. Some of the persons listed in the agreement had previously participated in privatization, and this fact was hidden by them when signing the document.
3. Forged documents were used in privatization.
4. Infringement of the rights of a minor citizen by not including him among the persons participating in the process.
5. 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.
6. Incapacity of any person involved in privatization.
7. Exceeding the powers of a person holding a power of attorney.
8. Lack of authority on the part of the owner of the institution that concluded the contract.

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...”.

Challenging algorithm

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:

1. “Caption” containing the name of the judicial authority and information about the applicant.
2. Title – indicates the subject of the claim.
3. 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.
4. A list of the consequences of the illegal transaction of illegal privatization of the apartment.
5. 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 rules of the law that were violated during the transaction.

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

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

Changing the terms of the concluded agreement

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:

1. Exclusion from the list of owners of any person who wishes to privatize another premises in the future.
2. Inclusion in the list of owners of a person who previously signed a waiver of privatization.
3. Making corrections to incorrectly completed entries.
4. 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 changed 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.

How to invalidate the privatization of an apartment

To recognize privatization as illegal, you must act strictly within the framework of current legislation. Any attempts to circumvent the law are guaranteed to fail.

Procedure

1. Collect evidence of the applicant's innocence. Since in some cases this is quite difficult to do, it is recommended to use the services of an experienced lawyer.
2. Prepare a statement of claim.
3. Pay the state fee.
4. Submit an application to the court.
5. Wait for the meeting date.
6. Attend the meeting. If this is not possible for some reason, you can send a representative in your place. It is not recommended to ignore the meeting altogether, as otherwise a decision may be made not in favor of the applicant.
7. Get a court decision.
8. Wait until it takes effect.
9. Act as stated in the decision. If the other party ignores this document, you can contact the bailiffs. They will help you solve the problem forcibly.

Procedure and process

The first step is to collect evidence that the applicant is right. These can be any documents that in one way or another indicate that illegal privatization should be recognized as void. The simplest example: having a registration at the location of a privatized apartment with a date before privatization will be excellent evidence that the person also had the right to a share in the real estate.

When the evidence has been collected, all that remains is to write a statement (see sample below), pay the state fee and send the claim to court. This can be done in person or by mail, but the first option is preferable, since you can take a second copy with a mark indicating that the application has been accepted. This provides a serious guarantee against the claim being lost.

During the meeting, you need to adhere to your point of view and only if the other party is ready to fulfill your demands, enter into a settlement agreement. Otherwise, it’s easier to wait for the court’s decision and get everything you’re owed.

Is it possible to cancel privatization

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Is it possible to cancel the results of privatization of an apartment after 16 years?

1.1. Hello! It cannot be cancelled, if there are grounds (illegal privatization) it can be challenged. But most likely it will be necessary to restore the missed procedural deadline. 2. Please tell me whether it is possible to cancel the privatization of the apartment through the court. My father lives in our parents’ apartment; a few years ago, he and I gave up our shares in favor of my sister and her daughter.

My sister died tragically and now my son-in-law wants to move into this apartment and sell his own.

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Consequences of declaring a transaction void

As a result of challenging a transaction or declaring it void:

• The remaining participants lose the received property, but restore their right to privatization.
• Officials who approved a procedure that violated the rights of one or more residents are subject to administrative liability.
• Compensation for violation of rights is awarded (if required).
• Housing ceases to be private property and again passes to the balance of the municipality.

Legal consequences

Immediately after the statute of limitations is restored, the court begins to consider the case - challenging, adjusting or completely canceling the privatization of the apartment.

Legal consequences may be as follows:

1. The violator will refuse privatization voluntarily.
2. Administrative responsibility for officials (employees of the administration, Department, Rosreestr, BTI).
3. Restoration of unaccounted for rights (for example, inclusion of a child in an agreement on the transfer of a municipal apartment).
4. Assignment of compensation for violation of the rights of the plaintiff or his representative.
5. Cancellation of apartment privatization and return of housing to the balance sheet of the municipality (More details about this in the article “How to deprivatize an apartment, housing”).

Thus, if privatization was violated, it can be challenged and even cancelled. If the plaintiff establishes the fact of a violation, prepares convincing evidence, exercises the right to file a statement of claim and does not miss the statute of limitations, everything will be in order.

Legal consequences of challenging

Recognition of a privatization agreement as invalid gives rise to legal consequences.

It does not matter whether the transaction is declared void or invalid - the consequences are the same:

1. The apartment is returned to the owner, i.e. transferred from private property back to municipal property.
2. Residents who have lost their rights can enter into a new social rental agreement with the right to subsequent free privatization (one time).
3. Those discharged during the privatization period regain their registration in the same apartment.
4. The privatization agreement can be preserved, subject to new changes (for example, determining the share of a minor).

How to voluntarily deprivatize an apartment

In order to return a privatized apartment to the state, you need to perform a number of simple steps, namely:

1. Collect documents. For deprivatization you will need: a certificate of ownership, passports (or birth certificates) of all home owners, a certificate from Rosreestr about the absence of restrictions on transactions with housing, a technical passport (requested from the BTI), a complete apartment card (from the time of entry into the apartment), certificate of absence of debts for housing and communal services, receipt of payment of state duty.
2. Apply. Along with the collected package of documents, you must contact the municipal authorities. There, make a statement and submit it to the official. You have 30 days to consider this issue, after which you must receive a decision in writing.
3. Drawing up a social tenancy agreement. If your request for deprivatization of the apartment is granted, then within two calendar months the municipality must prepare and sign a social tenancy agreement with you. The parties to this agreement are all owners of the deprivatized apartment.

At this point, the procedure for the voluntary transfer of personal property into state ownership can be considered completed.

applications for deprivatization of residential premises

Arbitrage practice

Example of a successful challenge : The applicant is an elderly man who claims that he was deceived into writing a refusal to participate in privatization, thereby depriving him of a share in the apartment. He provides photos and video materials that at the stage of discussing the possibility of privatizing the apartment, the remaining residents began to prove to him that the apartment was in a dilapidated building and could be destroyed at any moment. As a justification, an obviously forged document was offered, indicating the fact of an “accident”.

The elderly man prudently photographed this document, but agreed that it was better for him not to participate in privatization, since after that he would be able to get other social housing. He wrote a refusal and had it notarized. Already after registration of ownership, when the new owners ultimatively demanded that he move out, it turned out that the house was not in disrepair and, according to the applicant, the other residents directly indicated that they just wanted to finally get rid of it.

The elderly person was asked to go to a private nursing home, which they agreed to pay for. The man, fearing another deception, refused this offer. He demands his share of the property. The court ruled in his favor. Now the defendants face punishment under Articles 159 and 327 of the Criminal Code of the Russian Federation for deception/fraud using forged documents.

Example of an unsuccessful challenge : The applicant is a former tenant of an apartment that was privatized. He demands to challenge the fact of privatization and give him the due share on the basis that, being a tenant, he was not included in the privatization agreement. The defendant provides documents according to which the plaintiff has not lived in the apartment for more than a year and has not paid utilities.

Also attached to the documents is a previously received court decision to evict the plaintiff. By the way, a copy of this decision was sent to him and there was no response. From the defendant’s point of view, privatization was carried out strictly according to the law, since at the time of filing the application the plaintiff was no longer a resident. The court, on the basis of the above documents, denies the applicant’s claim due to his complete lack of rights to privatize this premises.