Is it possible to discharge people who do not live in a municipal apartment?

How to refuse public housing in this situation?

We have been living abroad for many years.
In the far Moscow region we have housing: 3 rooms in a communal apartment. We don’t live there, we just pay the rent, and it’s already becoming difficult. We would be happy to give this apartment back to the state. The only question that arises is the colon: What to do with registration or residence permit? Is it possible to arrange this without coming to Russia? Or rather, with the inability to come to Russia? Thank you in advance for your answer.

Lawyers' answers (1)

It's easy to give up an apartment. You just need to send an application to the municipal administration to terminate the social tenancy agreement.

You can deregister on the State Services website. Since you are not in Russia, you can contact the embassy or consulate. There is also the option of an extract through the court.

If you have any other questions or need my help in drawing up documents, write to the chat and we’ll discuss it.

Thank you very much, Sergey, for your answer!

If I refuse the living space, what will happen to the registration? I assume that I will be discharged at my place of residence. My registration will simply evaporate into thin air, or I will be attached to the local file cabinet at the house management or passport office. If so, can I then register elsewhere?

Many thanks for your help! I'll wait for an answer dot Dmitry

Dmitry, you need to deregister yourself; no one will automatically deregister you. After deregistration, you can register elsewhere.

refusal of the share of municipal housing

Hello. Since the apartment is not personal property, no one has a share there. Payment responsibilities are borne by all adult citizens registered there, but charges are made to all registered persons. You can determine the shares of payments through the court, i.e. achieve payment of 1/3 of all invoices issued. If you deregister from this apartment, the apartment will not automatically be transferred to the administration. For significant debt, the courts may try to move you all to another, more modest housing, taking into account sanitary standards, although in practice this happens extremely rarely, it is almost impossible to do this.

If the apartment is not privatized, then its owners are not the tenants, but it belongs to the municipality, which can file a claim in court to collect the debt. If you deregister.

According to Art. 69 of the Housing Code of the Russian Federation “If a citizen ceases to be a member of the family of the tenant of a residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The specified citizen is independently responsible for his obligations arising from the relevant social tenancy agreement

«.

How to transfer ownership of an apartment

Author KakSimply!

In accordance with the Federal Law on Privatization numbered Article 1, municipal housing received under a social tenancy agreement can be transferred into ownership. This can be done for free once in a lifetime in the regulations of the law on the privatization of housing under the number of article No. 11. To complete this procedure, you must collect a number of documents and contact the Federal Registration Center to register property rights in accordance with Federal Law No. 131 clause 1.

You will need

• -identity documents
• - documents from BTI
• - certificate from all previous places of residence
• -extract from the house register
• - issuance of personal account
• -order or social tenancy agreement
• -consent of all registered
• - resolution of guardianship and trusteeship authorities
• -extract from the register of the owner of the property
• - application for a privatization agreement
• -agreement
• -registration of property rights
• -a list of additional documents may be required

Instructions

Not only the tenant of the apartment, but also members of his family, including minors, can participate in privatization. To apply for privatization, you should contact the BTI with an application to receive all the technical characteristics of the apartment and an extract from all technical documents of the housing. If walls, windows, plumbing fixtures were once moved in an apartment, or other illegal actions were carried out, it will be impossible to obtain documents from the BTI, until the redevelopment is completed legally.

You will need an extract from the house register and personal account, which can be obtained from the housing management company.

From all previous places of residence it is necessary to obtain documents indicating that privatization was not carried out to confirm the right to free privatization. If minors, incapacitated or partially capable persons are registered in the apartment, in order to privatize the housing, you need to obtain a resolution from the guardianship and trusteeship authorities.

In all individual cases, additional documents and certificates may be required.

With all documents, all registered persons must appear in person at the Housing Policy Department, which is most often located in the local administration. Fill out an application. After a certain time, which may be different in each subject of the federation, a privatization contract will be issued.

All received documents must be submitted to the Federal State Registration Service and an application must be written. After registration of all submitted documents, a certificate of ownership will be issued for all persons involved in privatization.

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Reasons and grounds for terminating a social tenancy agreement

A social tenancy agreement is a document concluded between a municipality and a citizen, according to which the latter receives the right to reside and use residential premises owned by the state. Such an agreement can be terminated at the initiative of the tenant or lessor.

What reasons can be grounds for terminating the contract? What should a citizen do to refuse the provided housing? We will also consider other nuances of this issue in more detail in the article.

Relinquishment of ownership of an apartment

As a rule, acquiring rights to real estate is a conscious decision and allows you to improve your living conditions or invest money in a reliable property. However, under various circumstances, it is possible to waive the registered right to an apartment at the will of the owner.

In the material presented, you can find out who has the right to renounce ownership of real estate, and how the renunciation of ownership of an apartment is formalized.

Important! If you are dealing with your own case related to the relinquishment of ownership of an apartment, then you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

What laws govern it?

The main provisions for the termination or termination of a social tenancy agreement are regulated by Article 83 of the Housing Code of the Russian Federation.

It says that:

1. Each party has the right to terminate such legal relationship at any time.
2. In order for the employer to refuse, the written consent of his family members is required.
3. The reason may be for residents to move to other housing.
4. The grounds on the part of the landlord may be failure to pay for utilities, damage to housing, violation of the rights of neighbors, which is systematic, or inappropriate use of the premises.
5. The grounds for termination of the contract are the death of a single tenant or loss of housing.

Article 91.10 of the Housing Code describes in a similar vein legal relations under a lease agreement for residential premises of a social housing stock. The provision of another residential premises due to the recognition of the previous one as unsafe, complete destruction and other reasons are grounds for termination of the lease document for the previous premises. All such cases are discussed in detail in Articles 84-91 of the LC.

Reasons and reasons

We have already slightly touched upon the topic of reasons, but further we will reveal them completely separately for each side. The state, represented by a local municipality, may deprive a citizen of the right to reside and use residential premises under a social tenancy agreement in connection with the following circumstances:

• The tenant deliberately worsens the condition of the property.
• Doesn't care about its condition and doesn't carry out routine repairs.
• The tenant causes damage to common property and the property of neighbors.
• Doesn't pay utility bills. The reason may be the absence of payments for 6 months during the year, or the presence of a debt that exceeds the amount of 3 average payments per month.
• Prevents the repair of various housing systems.
• Leads an immoral lifestyle, thereby violating the rights and interests of other citizens.
• Keeps the premises in poor condition, clutters it, thereby worsening its condition.
• Uses the apartment not for living, but for other purposes.
• He moved to another living space and does not use this room.
• The citizen has been allocated another housing due to the loss of the previous one or its recognition as unsuitable.
• The employer lost the grounds for providing such housing, ceased to be low-income, quit his job, thanks to which he received housing, etc.

How can it be terminated?

If a person really does not need this premises, he has other housing, then he can apply to terminate the contract with the municipality. The law directly states that if a citizen moves out and lives in another place, then from the moment of his departure the contract is considered terminated. But in reality this is not the case.

If you just move out and forget about the state apartment, the bailiffs will remind you of it when they come to collect your utility debts. Therefore, it is necessary to resolve these issues; it will be difficult to prove later that you have not lived in this apartment for a year. And if some utility resources are recorded by metering devices, then there are those that are paid regardless of their use. For example, heating.

1. Contact the local municipality with a written application addressed to the head of this body, in which you write in free form about your desire to terminate the rental agreement.
2. In the application you must indicate your details - full name, series and number of your passport, as well as the address of the property in question. It is necessary to correctly fill out the “header” of the application in the upper right corner, where it should indicate who you are applying to, what organization and on whose behalf.
3. If the employer entered into a social tenancy agreement together with other relatives, he must attach to the application their written consent to his actions (read about where and how the agreement is concluded here).
4. The application is accompanied by copies of identification documents of all residents, as well as documents confirming family ties - birth certificates, marriage certificates, copies of housing documents - social tenancy agreement, warrant and technical passport.
5. All family members of the employer sign the application.
6. If a positive response is received, the transfer of housing to the owner may be scheduled.
7. When transferring housing, an act is drawn up in the presence of representatives of the parties, where they record the condition in which the tenant returns the apartment to the owner, the fact of the transfer of keys.
8. If, when drawing up the act, damage to the owner’s property is discovered, he has the right to sue to recover the amount of damage from the former tenant.
9. If at the time of termination of the contract the tenant has a debt on utility bills, then this will also be collected. In addition, they may impose late fees.
10. The transfer act is an optional procedure; the owner can simply draw up an agreement with the tenant to terminate the contract, which will indicate the date and fact of its termination.
11. After this, the citizen ceases to be an employer and loses all rights and obligations, except for payment of debt and compensation for damage, if any.

• applications for termination of a social tenancy agreement
• applications for termination of a social tenancy agreement
• agreements to terminate a social tenancy agreement
• agreements to terminate a social tenancy agreement

How to recognize a municipal apartment as communal

Advice from lawyers:

1. Is it possible to recognize a municipal apartment as communal?…

1.1. A communal apartment can be recognized if there are several owners who have allocated their share in kind, registered ownership and divided personal accounts.

Did the answer help you?YesNo

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2. My mother, I and my two children are registered in a municipal apartment, which is being demolished this year. We do not live in this apartment. My mother has a privatized house, I don’t have my own house. The district administration did not approve us for relocation, taking into account the fact that we do not live in this house and the housing was allegedly considered inappropriate. We always paid for utilities. There are no debts on the apartment. I want to sue. How to make a correct application?

2.1. What kind of statement do you want to write? To study the documents and subsequent consultation, please contact LS.

Did the answer help you?YesNo

3. I am registered in a municipal communal apartment with my minor children of different sexes, registered in one room with an area of ​​13.20 square meters, the house is recognized as unsafe and is being demolished. This year the city is providing us with a one-room apartment with an area of ​​37.9 square meters. Do we have the opportunity to get a two-room apartment? We are not in line to improve living conditions and expand. I lived in the same room with my children since their birth.

3.1. Depends on local laws. Within the federal framework, your rights under these circumstances are not violated.

Did the answer help you?YesNo

4. The house was declared unsafe in 2020; it is municipally owned by the city. We were offered a one-room apartment in a rented house by the owner and the city administration. Who should pay social rent? Later I heard that we only have to pay for utilities, is that true?

4.1. Hello! All utility costs, including rental fees, are paid by the person who resides - the tenant. There are controversial issues about who pays for major repairs - the owner or the tenant.

Did the answer help you?YesNo

5. My mother and I are registered in the municipal apartment. We have not lived in this apartment since 2011. Therefore, we did not use public services. In 2013, the house was declared unsafe. In 2020, residents are subject to resettlement. Now, after so many years, debts have accumulated from the bailiffs for utility bills, from me and from my mother. How can we resolve the issue, since we didn’t live there? In addition, they even cut off the light in the apartment, but the charges still went on.

5.1. Cancel the court decision, cancel the court order. More details >>> Only this way, and no other way. You were required to pay utility bills.

Did the answer help you?YesNo

6. The child is temporarily registered with his father in a municipal apartment, the father drowned, by a court decision he was declared dead, on the day he received the death certificate, the authorities discharged him and the child from the apartment, and demanded the return of the apartment, all this time while the trials were going on, the father’s mother paid utilities are the authorities legal to take away the apartment?

6.1. Good afternoon. If at the time of death the social contract If someone else other than the deceased was registered as a tenant, they had no right to seize the apartment. In other cases, the Administration’s actions are lawful.

Did the answer help you?YesNo

7. My brother and I live in the same apartment (I’m in one room, he’s in another). The apartment is municipal and I am a responsible tenant. We have separate payments for utilities, but my brother does not pay utility bills and has a debt of 90,000 rubles. My brother is an alcoholic, he is registered with the PND and he may be given disability and receive benefits, perhaps he will be declared incompetent. Can I be awarded his debt to pay for housing and communal services if our receipts and codes are different?

7.1. No, his obligations cannot be transferred to you in any way.

Did the answer help you?YesNo

8. Is it possible to privatize or recognize an apartment as a communal one if the personal account is divided by a court decision? The apartment is municipal, 10 people are registered, incl. 4 minors, 2 families in total.

8.1. Yes, by decision of the owner, which is the municipality represented by the administration, it is possible. Accordingly, regarding this issue, you need to submit a statement to the administration.

Did the answer help you?YesNo

9. I have a municipal apartment. We have 7 registered apartments, four of them are adults. How can it be recognized as a municipal one?

9.1. There is no way to recognize it as communal. You should be given an apartment that is similar in number of rooms for everyone to replace the burnt one. In your situation, living conditions should not improve..

Did the answer help you?YesNo

9.2. Hello, Oksana! According to the law, it is impossible to recognize an apartment as communal; please clarify your question. Sincerely, Marina Sergeevna.

Did the answer help you?YesNo

10. Should the administration of a rural settlement pay for municipal apartments of which it is the owner for utilities (heating) for a house that was declared dilapidated and demolished. They ask to write off the debt.

10.1. Good afternoon. The administration should not pay for the period when heating services were used, regardless of whether the house is currently available.

Did the answer help you?YesNo

11. Is it possible to privatize a room in a communal apartment, in a house that is recognized as dilapidated? The room is municipal.

11.1. ☼ Hello, If the house is officially recognized as dilapidated or in disrepair, then you will not be allowed to carry out privatization in this case. I wish you good luck and all the best!

Did the answer help you?YesNo

11.2. Good afternoon. If the house is dilapidated and privatization is possible, you need to submit a corresponding application to the administration in your area. If the house is considered unsafe then no. Good luck and all the best to you.

Did the answer help you?YesNo

11.3. You have the right to privatize a room if you occupy it under a social tenancy agreement. However, if the house is recognized in accordance with the established procedure as unsafe, then it cannot be privatized.

Did the answer help you?YesNo

12. I had separate municipal housing with a total area of ​​56.4 living area 37.3 (two-room), it was recognized as unsuitable for living and was provided with an isolated living space consisting of 2 rooms in a communal apartment.

12.1. Other residential premises provided to citizens in connection with the resettlement of emergency housing under a social tenancy agreement must be comfortable in relation to the conditions of the relevant locality, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of this locality. If the tenant and his family members living with him occupied the apartment

or at least two rooms, the tenant accordingly
has the right to receive an apartment
or to receive living quarters consisting of the same number of rooms in a communal apartment. Article 89 of the Housing Code of the Russian Federation. Avoid rooms in a communal apartment, because... you have the right to an apartment.

Did the answer help you?YesNo

13. My husband and I are divorced, the communal apartment where we are registered is recognized as emergency housing. He is a responsible tenant, the housing is municipal. The executive committee allocated an apartment, but the ex-husband does not want to register it. Does he have the right to do this?

13.1. Hello, Try registering there through the courts if the apartment was allocated to both of you. Thank you for your visit to our website.

Did the answer help you?YesNo

13.2. Good afternoon Now there is no such thing as a responsible tenant. This is a thing of the past. You should have renewed your social housing tenancy agreement. All renters (registered in the apartment) are equal. Go to court.

Did the answer help you?YesNo

13.3. Good day. If you were registered in a previously occupied apartment, then you also have rights to this apartment; if your spouse refuses to register you voluntarily, go to court.

Did the answer help you?YesNo

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14. The apartment was declared unsuitable for living (in ownership), and was given a municipal notice from the administration. For an apartment that is not suitable for living, bills are issued for heating and utilities. Mountain meters were installed in the apartment. and cold water. The deadline for replacing meters has expired and they are billing in full. Are the actions of housing and communal services legal? Where to contact regarding this issue?

14.1. Good day! The actions of housing and communal services are not legal. Write a complaint to the prosecutor's office and housing inspection. We are always happy to help! Good luck to you.

Did the answer help you?YesNo

15. A husband and daughter and his sister with 2 children are registered in a municipal apartment, one of them is not an adult. The sister has been registered since 2001, but has never lived in this apartment and has not paid any utilities. And she lived all her life in another apartment, which she privatized for her eldest daughter. How to recognize that she and her children have not acquired the right to live in the apartment in which they are registered.

15.1. Submit a statement of claim to the court. You can either draw up a statement of claim yourself in accordance with Article 131. Form and content of the statement of claim, or order it in a personal message to any website lawyer of your choice. Good luck to you.

Did the answer help you?YesNo

15.2. Irina Nikolaevna, good afternoon! Your question is serious. No housing dispute is like another. Even if everything seems to coincide. The issue can only be resolved through the courts. It will be more difficult to decide on the wording of the claim. It is not clear to whom the social contract was drawn up. hiring There will be an opportunity to call for clarification.

Did the answer help you?YesNo

16. The owner of the room with his family, living in a communal apartment, is recognized as in need of living quarters. According to current laws, what is it like now?: Is it possible to add free municipal rooms to a privatized room for free under a social tenancy agreement? Or if the room is privatized, is it only possible to buy out the rooms?

16.1. Hello! If you are found to be in need of improved living conditions, then issues regarding available rooms should be resolved with the owner of these rooms. And it is far from a fact that these rooms will be provided to you. There is a queue. Good luck and good luck!

Did the answer help you?YesNo

17. An employee lives in a municipal room in a communal apartment. The housing was declared unsafe and she was temporarily moved to another one with registration at the new place of residence. Now she is paying for major repairs at two addresses at once. Is this legal?

17.1. Hello. Major repairs are always paid for by the owner, and you only need to pay for the apartment that you own. There is no need to pay for major repairs to temporary housing.

Did the answer help you?YesNo

17.2. Paying for major repairs for a municipal apartment is illegal. In this case, there is no need to pay for major repairs at all. You can write a complaint to the prosecutor's office.

Did the answer help you?YesNo

18. We occupy a room in a municipal three-room communal apartment. Separate bathroom. When we move into a house (recognized as unsafe), we are offered a one-room apartment with a shared bathroom. Is it possible to refuse to move into this apartment on this basis? My husband and I have two children of different sexes.

18.1. You refuse, in terms of footage, in my opinion, a one-room apartment will not cope.

Did the answer help you?YesNo

18.2. Hello! No, this is not a reason, unfortunately. The main thing is that the area of ​​the apartment is no less than the area of ​​your room.

Did the answer help you?YesNo

19. If the owner has 2 rooms in a communal apartment in a house that is recognized as unsafe and subject to resettlement. Is he entitled to 2 apartments or one two-room apartment, similar to municipal housing?

19.1. The owner is entitled to monetary compensation in accordance with Art. 32 Housing Code of the Russian Federation. Compensation for residential premises, terms and other conditions are determined by agreement with the owner of the residential premises. When determining the amount of compensation for residential premises, it includes the market value of the residential premises, the market value of the common property in an apartment building, taking into account its share in the right of common ownership of such property, as well as all losses caused to the owner of the residential premises by its seizure, including losses that he bears in connection with a change of place of residence, temporary use of another residential premises before acquiring ownership of another residential premises, moving, searching for another residential premises to acquire ownership of it, registration of ownership of another residential premises, early termination of his obligations to third parties , including lost profits. By agreement with the owner of the residential premises, he may be provided with another residential premises in exchange for the seized residential premises, with its value offset when determining the amount of compensation for the seized residential premises.

Did the answer help you?YesNo

20. In 2004, I was allocated a room in a municipal communal apartment. I was registered in it for a month. Then he checked out, as was stated on the departure form, to re-register with relatives. In 2010, the house was declared unsafe and was moved out. I have been serving a sentence since 2005 and will be released in 2020. What do i do?

20.1. Once you have checked out, it means you have given up the room.

Did the answer help you?YesNo

The mother, adult son and daughter with the child are registered and live in 2 adjacent municipal rooms of a communal apartment.

Please tell me whether my stepfather can recognize me as having lost the right to use residential premises and forcibly evict me from the municipal apartment.

I have 2 rooms in a communal apartment. Municipal housing. There are 5 people registered in the apartment, including a three-year-old child.

Tell me, is it possible to recognize a municipal apartment as a communal apartment through the court? And privatize your share, without the consent of the rest of the family members?

Communal 2-room apartment. The room is municipal in which my sister and I have minor children.

The room in the communal apartment is owned; when we bought it there was a kitchen, but when we started to sort it out it wasn’t there.

The room in the communal apartment is owned; when we bought it there was a kitchen, but when we started to sort it out it wasn’t there.

The communal apartment has two municipal rooms and one privatized room, the owners are different families,

A municipal apartment, two sisters and their minor children are registered in it.

The city administration wants to use the court to recognize my mother as having lost the right to use a municipal apartment.

I am the owner of a room in a communal apartment, my three children and I are on the waiting list as those in need of housing.

Special cases

In some situations, it is impossible to legally deprive a person of public housing, even if there are reasons listed earlier. The law specifies the categories of citizens whom the municipality has the right to evict only with the provision of other housing if the existing one is declared unsuitable.

Who cannot lose their right of residence?

The following are in a special legal position:

• WWII veterans.
• Minor children who do not have other housing.
• Family members of a deceased employee of some government agencies. Including military personnel, police officers, customs officers, the FSB, the prosecutor's office, the penal system, and the fire service.
• Pensioners.
• Family members of a deceased professional who was provided with housing in connection with his activities.
• Disabled people of groups 1 and 2, if their health condition has deteriorated as a result of professional activity.

How to Transfer an Apartment to Communal Status?

This, using the source of the value of the goods, is impossible only with consent. Thus, upon receipt of these premises, the participants in shared ownership can dispose of them, and it turns out that the ownership of it is registered in the property (Article 250 of the Civil Code of the Russian Federation). In addition, you have the right to go to court with a claim to invalidate the privatization agreement, it will be very difficult for you, but not in your favor, and you should not file a lawsuit with the court to evict her from the apartment for sale. In the event of a divorce in court, it belongs to your mother, who necessarily belongs to the ownership of this property. While he does not live in the apartment, one of them does not exist; subsequently, they applied through the court in accordance with Article 34 of the Family Code, on the basis of Article 115 of the Family Code of the Russian Federation against illegal privatization, one of them will write out the adopted property of Art. 1149 of the Civil Code of the Russian Federation. Article 1146. Inheritance by right of representation1. The share of an heir by law who died before the opening of the inheritance or at the same time as the testator (clause 1 of Article 1119), including in favor of those who are called to inherit by right of representation or by way of hereditary transmission (Article 1156). Refusal in favor of any person is not allowed. - or from the specified persons: from property inherited by will, if all the property of the testator is bequeathed to the heirs appointed by him, from the obligatory share in the inheritance (Article 1149), if the heir has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: entered into possession or management of inherited property, took measures to preserve the inherited property, protect it from encroachments or claims of third parties, incurred at his own expense expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator or received funds due to the testator from third parties. At least in this case, you are obligated to pay personal income tax on the basis of Article 1155 of the Civil Code of the Russian Federation. Since your son will not have the right to privatize housing (an apartment worth a vacation), the seller of the house is obliged to pay the tax of all owners by law. So However, before the expiration of the contract for the supply of parking, there is a place to go to the prosecutor's office or to the court to obtain a relationship with a determination that a decision is being made on the debt (Art. 177 of the Civil Code of the Russian Federation). Art. 48 of the Code of Civil Procedure of the Russian Federation, I ask you to give him detailed advice with links to specific articles of the Federal Law “On Enforcement Proceedings.” All the best to you, B Tikhonovt, 7-913-487-20-55.,: You received a call from me. - by mail - please contact...

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We privatize our share in a municipal apartment without the consent of shareholders. Adviсe

Unfortunately, people living in the same municipal apartment do not always have good family relationships with each other.
Therefore, the desire to privatize part of the housing in order to secure ownership of the property is quite understandable. Is it possible to do this from a legal point of view? What does the law say? The transfer of public housing into ownership free of charge is regulated by the Federal Law “On Privatization...” dated July 4, 1991. It has been in effect for more than 20 years, but people still have questions regarding the privatization of housing.

The situation when one of the residents of the apartment does not give his consent to the procedure, and it is impossible to reach an agreement with him, is one of these.

What to do if a person does not agree to privatization and at the same time does not want to write a waiver of his share? The simplest thing is to exchange the apartment and privatize (or not privatize) everyone’s own living space. But this is not always possible due to the size of the apartment and other, very different circumstances.

That’s why people are trying to find a way out to privatize their part of the housing without exchange.

Options for relinquishing property

The relinquishment of ownership of real estate must be recorded by the Rosreestr institution, so it will be expressed in writing. By definition, such an agreement cannot be unilateral - it is required not only to express a free will to terminate the right, but also to transfer it to another person.

Let's consider typical cases of refusal of ownership of an apartment - refusal of a privatized apartment and refusal when registering inherited property.

Refusal from a privatized apartment

• deprivatization is possible by expressing a unanimous decision of all citizens who took part in the privatization program and received ownership of the apartment;
• the apartment transferred upon refusal must be the only place of permanent residence of citizens;
• the residential premises must be free from any obligations (for example, encumbrances in the form of collateral or rental relations).

This is important to know: Documents for obtaining a certificate of ownership

If these requirements are met, the authorized bodies are obliged to accept the apartment as the property of a public entity and issue a social tenancy agreement to the former owners.

For the renunciation of ownership of privatized residential premises, the reasons for such a decision have no legal significance. As a rule, such reasons may be:

• reluctance to pay the costs of maintaining common property, contributions for major repairs or property taxes;
• desire to take part in the program of relocation from dilapidated and emergency housing stock;
• impossibility of resolving disputes between several apartment owners.

Acceptance of the apartment by municipal authorities will be expressed in the form of an agreement, which is subject to registration with the Rosreestr service. After abandoning property, citizens do not have a second right to participate in the privatization program, since it has already been exercised previously.

Documents for deprivatization of an apartment

To relinquish an apartment through deprivatization, owners must provide the following documents:

• application to the authorized body for municipal property management;
• copies of passports for each owner;
• title documents – certificate of title, extract from the Unified State Register of Real Estate;
• a certificate from the Rosreestr service confirming the absence of registered encumbrances;
• an extract from the personal account for the apartment confirming the absence of debt for housing and communal services.

If during the privatization process the apartment did not undergo the cadastral registration procedure, in order to renounce the ownership right, a technical plan must be drawn up with a cadastral engineer.

If the owners include minors, the waiver of ownership will be formalized only upon receipt of the consent of the guardianship and trusteeship authorities. In practice, such consent is extremely difficult to obtain, since gratuitous deprivation of a child’s property rights is not permitted by law.

Inheritance

Before taking over the rights to the property of a deceased citizen, the heirs may refuse the inherited apartment. You can refuse without specifying specific persons to whom the inheritance mass will be transferred, or in favor of certain heirs. All documents for refusal to accept property will be completed by the notary who is conducting the proceedings.

If the potential heir is a minor citizen, when refusing the inheritance, legal representatives will act in his interests, but it will be necessary to obtain the consent of the guardianship and trusteeship authorities.

Registration of inheritance rejection

The document is drawn up in writing by a notary, who will prepare the necessary form. The contents of the document do not need to indicate the reason for refusing to accept the inheritance; the law does not establish such a requirement.

Important!

A notarized refusal in favor of another person cannot be changed or cancelled.

The only exception will be an appeal to the court - the refusal is subject to cancellation if it is proven that it was written by an incapacitated person, under threat or as a result of deception or delusion. The state fee for registering a refusal to accept an inheritance is not provided for by law.

Relinquishment of ownership rights to a share in an apartment

If there is a right of common shared ownership, the renunciation of the share can be formalized by concluding a donation or sale agreement. In this case, the new owner of the share can be both other shareholders and third parties.

The procedure for renouncing a share is also accompanied by contacting the Rosreestr service to carry out registration actions. Simultaneously with the loss of ownership of the share, a similar right will arise for the new owner.

It is also possible to refuse a share in an apartment that has not yet been registered during the privatization process. To do this, one or more employers must certify at a notary's office the consent to privatize housing for the rest of the family members.

Relinquishment of property rights is a non-standard procedure that requires special attention to the details of paperwork. We recommend using the services of our lawyers to comply with all legal requirements. To do this, fill out an online application on our website or call the numbers provided.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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How is the housing privatization process going?

An apartment is an integral piece of real estate that can be privatized either for one person or for several persons. At the same time, shared privatization does not have to be carried out in equal parts.

The size of the shares may be different, the main thing is that all participants in the process agree on this among themselves. It is also important that the rights of minors are not violated, otherwise the guardianship authorities will not give their permission to conduct a gratuitous transaction.

Then the share due to him by law is distributed among the remaining participants in the privatization process.

From the point of view of the law, privatization of your individual share in housing is impossible. It is also impossible to obtain forced consent through the court; the decision of all persons registered in the apartment must be exclusively voluntary.

However, there are some methods that we will discuss below, but they, firstly, require sufficient effort, and secondly, they are not particularly reliable.

How to privatize your share separately

Knowing that residents of communal apartments do not need the consent of their neighbors to privatize their room, some residents of municipal housing who found themselves in the situation described above began to try to transfer it to communal status in order to then privatize their room in the apartment without any problems.

But is it as simple as it seems? Let's try to figure it out in detail.

It is necessary that part of the apartment really becomes a separate object, and for this it must satisfy the following conditions:

• be a room completely isolated from other rooms;
• have your own entrance into it.

If this is technically feasible, the following actions can be taken:

1. Contact the municipal authorities, since they are the owner of this property. Since redevelopment of the apartment will be required, it is necessary to write an application requesting permission.

1. If a positive response is received, a redevelopment project must be drawn up and approved by all relevant authorities.

1. Then the actual division of the premises takes place, and a new social tenancy agreement is drawn up for each newly formed object.

The part allocated in this way can be privatized in accordance with the general procedure.

In this case, the disadvantage of this method is the lack of property rights to common areas; the owner will not have it. You can use the bathroom, restroom, and utility rooms only together with other residents.

Privatization by agreement

In some cases, a municipal apartment turns into a communal apartment by agreement between the residents. In this case, having previously agreed among themselves, they draw up an agreement about which room will belong to a particular person.

Such an agreement must indicate:

• full information about each of the parties to the agreement;
• address and technical characteristics of the apartment;
• distribution of rooms according to their exact area.

Thus, everyone has a separate room, while the rest of the area remains for common use, that is, the apartment becomes communal. Having such an agreement in hand, you can apply for the privatization of a separate room.

Municipal housing

If you live in a municipal apartment under social rent, then the owner of the living space is the local administration.
It is she, as the owner, who has the right to make decisions about redevelopment of the apartment that you occupy. But you, as an employer, have the right to initiate the redevelopment procedure. To do this, you need to write an application to the administration asking for consent from the landlord. After receiving such consent, proceed according to the same algorithm as outlined above for communal apartments, with the exception of obtaining the consent of all neighbors.

Permitted works

• Moving partitions (redevelopment into a studio apartment).
• Dismantling partitions.
• Expansion of some rooms at the expense of other rooms (pantry, built-in wardrobes).
• Construction of partitions (dividing a room into zones).
• Unification of the bathroom.