The right to use an apartment in case of refusal of privatization

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Published: September 10, 2016

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In accordance with the law “On the privatization of housing stock in the Russian Federation” (No. 1541-1 Federal Law), every citizen living in the territory of the Russian Federation has the right to privatize residential premises, if he has not already done so.

In some cases, citizens who have this right refuse to privatize their home.

• Main reasons
• Consequences of failure
• How to refuse?
• Example of judicial review

What does the right to use premises mean?

Although the right of use does not mean ownership and disposal of housing, it is inextricably linked with private property.
During the residence process, conflicts and controversial issues related to gaining access to common territory and amenities are not excluded. If coexistence brings serious discomfort, the owner may want to terminate the right to use the apartment, which legally belongs to him. However, ordinary eviction on the initiative of the owner is impossible if there are no grounds for parting with an inconvenient tenant who is exercising his powers.

The right of use is a rule of law that gives a person the opportunity to live and use property that does not belong to him, having legal grounds for doing so. Residents can decide to live in an apartment owned by another owner without receiving the right to sell, donate or otherwise dispose of square meters.

Depending on the circumstances of gaining access to someone else’s real estate, there are several options for the basis on which the non-owner resolves the housing issue.

Reasons for using residential premises: what are they?

The concept of the right to use residential premises includes cases of allowing citizens to live in residential areas without having formal authority over the property. The basis for this possibility is one of the following situations:

• a family member moves into an apartment registered in the name of another close relative;
• under a social tenancy agreement (in municipal ownership);
• under a contract or order for official housing as part of current employment;
• upon admission to a university or college (for applicants and students);
• when renting housing (under a rental agreement with the landlord);
• when transferring real estate to another owner (for the former owner under a rental agreement);
• as a tenant under a free use agreement;
• after signing the will.

Each situation has its own characteristics of the design and subsequent application of the opportunity received for a limited period of time or for life.

Cases where the owner’s consent is not required to register a residence permit include the registration of a child in the living space of one of the parents.

Lack of property does not mean exemption from responsibilities and compliance with the rules established within the framework of residence of citizens:

1. The living space is used for residential purposes only.
2. The transferred housing must be preserved along with the property located inside it.
3. Utility bills are paid by all persons who are registered and live in the housing.

Once the authority to use has been granted, it can only be terminated in court if the spouses divorce or the transfer of property to another owner is formalized. Other reasons for going to court are often the intention to forcibly evict a rowdy who is violating the order of peaceful coexistence in the same territory, or refusal to pay utility bills (with the prior receipt of a court order to collect debt for housing and communal services).

Municipal property

If the apartment is provided under a social rental agreement, it belongs to the municipality or the state. Living in such housing without privatization only gives the right to use the residential premises, without the possibility of transferring it to other citizens who do not have family ties with the tenant.

When living in municipal property, you need to be prepared for its loss if:

• stop using the allocated meters by moving to another home;
• cases of frequent violation of living standards with housing and communal services arrears of more than 6 months, significant damage to property, damage to communications, disruption of order causing disturbance to neighbors, or attempts to use housing for non-living purposes have been established;
• the parent is deprived of rights to the child with recognition of the impossibility of an adult living together with a child in the same territory.

Use of official, rented housing, dormitory

Sometimes the basis for the emergence of the right to use residential premises is the personal will of the owner or the emergence of a temporary need to organize a place to live. An agreement is concluded that gives the authority to live in the allocated premises.

The agreement is subject to registration with Rosreestr if:

1. An annuity was issued on the basis of a lifelong maintenance agreement with dependents.
2. The lease lasts 12 months or more.

This form of solving the housing problem is provided to employees of government and commercial structures and rent recipients. The latter may retain the opportunity to live in the living space for a specific period or for life. For students and renters, the period of residence is lost when the contract expires. Failure to comply with the terms of the signed agreement will be grounds for eviction.

Testamentary refusal

Real estate can be transferred to heirs by force of law or by testamentary disposition. If the owner has drawn up a will, indicating in it the possibility of transferring property to a specific heir with the condition of maintaining the residence of another registered person in the apartment, without allocating him a share in the property, we are talking about the emergence of a right of use by testamentary refusal.

The legislation provided an opportunity to resolve the housing issue for citizens who lived in an apartment with the owner after his death. The norm was established in accordance with the provisions of Article 33 of the RF Housing Code. Even if the heir decides to sell the property, if the owner changes, the occupant will retain the right to live and use the property.

Free use under contract

There is a special type of agreement that gives the right to live in an apartment without paying fees for it. The features of the agreement on gratuitous use are described in articles of Chapter 36 of the Civil Code of the Russian Federation.

The parties to the agreement are:

• the lender, who is essentially the owner of the property;
• borrower – a person entitled to use housing.

The contract includes clauses regulating the rights and obligations of the parties, excluding any indication of the conditions under which compensation for the transfer of housing is considered. The agreement can be concluded for any period agreed upon by the parties.

According to Art. 698 of the Civil Code of the Russian Federation, during the period of validity of the contract, the tenant loses the right if he does not pay housing and communal services, damages property, or uses the housing for other purposes. The lender has the right to introduce other rules that allow eviction of a tenant ahead of time, for example, when renting out real estate to another person.

Refusal from privatization

Living in municipal housing under a social tenancy agreement, citizens have the opportunity to privatize it. This right is granted once if the person living in the apartment has reached the age of majority. If at the time of the first privatization the parents registered the child as the owner, upon reaching his 18th birthday he has the right to participate in privatization again.

The transfer of rights from the municipality to resident citizens is a voluntary measure that can be waived. After privatization, its participants receive shares in real estate and are then free to dispose of them at their own discretion within the framework of civil and housing legislation. Sometimes residents waive their rights in favor of other privatization participants, increasing the size of their shares. After refusal of privatization, the failed owner retains the right to live in the same apartment for life without worsening living conditions.

If the new owners decide to sell or dispose of the housing in another way, buyers or purchasers of housing are obliged to provide the same living conditions to the tenant who refused to privatize part of the municipal property for themselves.

What does refusal mean?

According to the privatization legislation, housing is transferred into ownership from the state or municipal fund with the general consent of all registered citizens. If any of the residents does not want to accept part of the property, the law does not oblige them to do so, but they will have to formalize a refusal in favor of the remaining residents.

Unlike the refusal of heirs, when a person irrevocably loses the right to take a piece of real estate into personal ownership, a privatization refusal does not mean that a person completely loses the right to privatize municipal property. In addition, if privatization is refused, the right of use is retained, and the citizen has the right to use the occupied living space indefinitely.

Indefinite use of residential premises means the ability to use any part of the apartment, including living rooms and common areas. The only limitation is the inability to dispose of part of the real estate, sell it, donate it, exchange it, or register it as collateral.

The refusal to privatize is formalized in writing at a notary's office with mandatory certification that the decision is voluntary. This requirement is mandatory to avoid possible problems with property claims in the courts.

The right to use an apartment in case of refusal to privatize the apartment

Last modified: January 2019

Citizens registered on a permanent basis in housing from the municipal fund have the right to apply to the administration with a request for privatization. This right is granted once, giving the opportunity to transfer the property to personal disposal without any payment.

Important

However, the re-registration procedure is purely voluntary. If desired, you can formalize a refusal of privatization, while retaining the right of lifelong residence in the former territory.

When required

There are many reasons for registering a refusal to privatize:

• Removing obstacles to privatization measures for other residents while maintaining the right to take advantage of privatization later. If you refuse now, it will be impossible to challenge your own decision later.
• Reluctance to pay real estate taxes after taking over the property.
• The intention is to obtain council housing with a larger area, in a better area and amenities. Such situations include refusal to live in a dilapidated, dilapidated house, hostel, communal apartment, or closed community. In the future, upon receiving a better apartment, the citizen will be able to exercise his right and privatize a more valuable piece of property.

By refusing to accept a share in real estate, a person retains the right to live in a privatized apartment and use the facility, until he receives another living space or if circumstances change.

The presence of registered housing imposes some restrictions on the intention to dispose of real estate, regardless of the transaction; a person who refuses privatization retains his registration and the ability to use the entire apartment.

Selling an apartment in such conditions becomes problematic.

Reasons why housing privatization is refused

People usually refuse privatization in order to transfer their shares in real estate to children or relatives, but already at this stage they may encounter difficulties. According to Art. 4 Federal Law No. 1541-1, the owner of the housing stock has the right to refuse privatization in favor of another person. The main reason is the special status of the premises . It is impossible to privatize:

1. dorm room;
2. Staff only;
3. an apartment in a dilapidated building that is about to be resettled;
4. apartment in a departmental building;
5. residential buildings under the jurisdiction of social security authorities.

If a person lives in a dormitory, he still has the opportunity to privatize housing. It is necessary to find out whether it is a federal or municipal facility. If the housing is municipal, its status will automatically change in the event of a transfer of ownership. In practice, most people manage to achieve privatization of such objects through the courts.

Read about the details of privatization of a dorm room here https://realtyinfo.online/2852-usloviya-privatizatsii-komnaty-v-obshhezhitii

The law also provides for other grounds for refusal to privatize an apartment:

1. illegal redevelopment;
2. the presence of debts for utility services;
3. provision of documents that have lost legal force;
4. detection of forgeries in documents;
5. lack of legal rights to the residential property from the administration of the locality.

What is the essence of the right of lifelong residence?

A right of life occupancy means that the property can be sold and changed hands, but the people living in the premises will remain until they see fit to leave. They cannot even be forcibly evicted through the courts.

There are several groups of citizens who have the right to be registered and use someone else’s living space, regardless of the will of the owner. You cannot evict tenants:

• those who have signed a sale agreement with the right of lifelong residence;
• those who renounced their right to privatize living space;
• who are rent recipients;
• who received registration and the right of lifelong residence under the will of the deceased owner of residential property.

In each case, permanent residents have their own reasons for lifelong registration. How they arise is described later in the article.

What is the right to use premises

As a rule, the desire to privatize housing arises from a family living in an apartment on the basis of a social tenancy agreement. In this case, the owner of the property is the municipality or the state.

Accordingly, the right to use residential premises arises from the moment of signing a social tenancy agreement with the municipality or state. It is a mistake to believe that it appears from the moment the apartment is re-registered as private property.

Refusal from privatization should occur on a voluntary basis. It is drawn up in the form of a special document and certified by a notary office. It is the notary who must verify the voluntariness of writing the refusal and certify the authenticity of the signature. This is necessary to minimize the presence of reasons for going to court.

A citizen who has refused privatization has the right:

• for permanent residence in residential premises;
• for permanent registration at the place of residence;
• to be freely present in any part of the residential premises;
• for the use of communications, etc.

In other words, the lack of ownership of real estate will not in any way affect the right to use living space.

Read more about the refusal of privatization

An apartment or house may have several owners or one owner. The procedure can be done once for free, privatizing the living space.

After the procedure has been completed, any transactions can be carried out with housing according to the law: sell, donate, inherit, rent to tenants, etc. The owners are also responsible for paying taxes.

Sometimes several people are registered in an apartment and one of them decides to refuse the privatization procedure. In this case, the share of the person who refused is transferred to the ownership of the people registered in the apartment.

How to draw up a lifetime use agreement?

The basis for living in an apartment can be a rental or free use agreement concluded by an individual or legal entity with the owner of the residential premises.
According to current legislation, the maximum validity period of such an agreement is five years. If, when drawing up, the contract did not indicate the termination period of property relations, after 5 years it will be considered invalid and will need to be extended. A contract of gratuitous use implies the transfer of a residential property to the tenant without establishing a rent. After the expiration of the contract, the premises must be returned to the owner in the same condition, taking into account wear and tear. When there is a change of owner, the contract does not need to be re-signed, since the right of use remains with the tenant for the entire duration of the document. Only an annuity or lifelong maintenance agreement can be indefinite.

Precautionary measures

Since the presence of people refusing a share in a privatized apartment may lead to problems with the further sale or other disposal of the property, it is recommended to involve a notary in drawing up the document. The issue of further indefinite residence must be resolved before municipal property is re-registered. Otherwise, indefinite registration can create serious problems for all residents - the process of subsequent sale will be complicated for future owners, and the person who refuses will be forced to share the territory with other owners if the issue of the person’s future place of residence will not be agreed upon in advance. Refusal of privatization allows you to increase the shares of the remaining applicants, but puts the person who did not participate in a vulnerable position if other family members want to sell the resulting property. For this reason, it is recommended to issue a waiver document if the family does not plan to sell or otherwise transfer the housing to other owners in the future.

It would not hurt for the buyer of a privatized apartment to be careful, since there is a risk of discovering after the transaction permanent tenants who will want to move into the purchased apartment, having the legal right to do so. Receiving an extended extract will allow you to identify possible refusers and refuse the transaction before you have to decide on the admissibility of applying the rule of law on preserving the right of lifelong residence.

General provisions

Currently, the issue related to the acquisition of one's own residential premises is problematic. Therefore, when people have the opportunity to privatize housing, they take advantage of it. It often happens that conflict situations arise on this issue between persons who are related. This is due to the fact that a privatized apartment is usually divided between relatives. For this reason, loved ones often become enemies.

According to the laws in force in our country, the right to use real estate that has a residential purpose may be for life. This means that as long as a person is alive, he will have rights in relation to the premises. Moreover, even in a situation where there is a change of owner, such a person cannot be deprived of registration or kicked out of the apartment.

Who is eligible for lifelong residence?

The law defines categories of citizens who have the right to live in residential premises for life legally, without being homeowners. These include:

1. Persons who have formalized a refusal to privatize an apartment in favor of other relatives living in the given living space. In the event of the sale of housing, a citizen has the right not to check out of the apartment, since he retains the right to use the residential premises. As judicial practice shows, claims for deregistration of citizens who refused to participate in privatization are not satisfied.
2. Persons who have received the right to live in an apartment indefinitely as a result of the execution of a testamentary refusal in their favor. Termination of inheritance rights is possible only if the corresponding application is submitted by the right holder himself; expulsion without his consent cannot be carried out.
3. Members of the housing cooperative (housing and construction cooperative) who have paid the share in whole or in part. All residents registered in a cooperative apartment retain a lifelong right of residence, which is confirmed by a document confirming payment for the share.
4. Former spouses of the homeowner who have entered into a marriage contract defining the perpetual right to use the residential premises. The basis for lifelong residence in an apartment can also be an agreement on the division of jointly acquired property, concluded during a divorce.
5. Minor children left without parental care and living in a state children's institution. The right to use an apartment that a child is forced to leave when moving to an orphanage remains with him throughout his life.

Who has the right to refuse privatization?

, people registered in municipal housing, which is rented under a social tenancy agreement, can refuse privatization .

The law provides for cases when refusal can be made by people who, for good reason, do not live in the apartment:

• prisoners in prison;
• soldiers ;
• people working on a rotational basis in the Far North.

People living in such housing temporarily do not participate in the registration of property.

Use of the premises

What does such a right contain? A person who refuses privatization can:

• permanently reside in a residential area;
• be registered in it - registered at the place of residence;
• be free to be in any part of the home: in all rooms, in the kitchen, in the bathroom, in the toilet, and so on.

Thus, despite the fact that he will not have a share of the real estate in the property, this will not in any way affect his rights to use the premises.

Reference. Currently, the refusal of privatization is formalized by a notary. This official verifies the voluntariness of the applicant’s desire and certifies the authenticity of his signature.

That is, you cannot simply say: “I refuse to register ownership of the apartment.” You need to record your intentions in a document. This rule was introduced in order to minimize the number of legal disputes related to the legal relations in question.

When does it occur?

As a rule, the opportunity to privatize housing arises for a certain person, as well as for his family members who appear in a social rental agreement concluded with the municipality or the state. Accordingly, the right to use residential premises arises from the moment of execution of the specified document.

It is a mistake to believe that this right arises during the privatization of real estate. It would be more accurate to say this: it is retained by the “refusenik.” Nothing changes in his life, Or is that not true?

Urgent or indefinite?

One change does occur, however. The Housing Code of the Russian Federation establishes that a tenant can be recognized as having lost the right to use residential premises in the following cases:

1. He, using the property of a relative, lost his family connection with him. A typical example: a wife who owns an apartment divorces her husband. The court, in this case, at the request of the wife, will quickly evict the man. There are, of course, exceptions: say, if the evicted person does not have housing, then the judge may give some delay so that the person finds a new place to live.
2. A tenant who has not lived in a municipal apartment for a long time and has no interest in it can also be evicted by citing these circumstances in court.
3. If the property owner alienates the property, then all members of his family must sign out.

Do the rules listed apply to the situation under consideration? Let's just say, not really.

According to the provisions of the legislation mentioned above, a person who refuses privatization retains the right to use the premises for life. And this must be taken literally: he can use an apartment or other real estate until he leaves for a better world.

Attention! The right of perpetual use is not inherited.

Thus, until a person himself deregisters, no one can force him to do this. This state of affairs significantly complicates the process of alienation of real estate in which the person who refused privatization lives.

If the residential property is transferred to another owner, then he will remain burdened with the very right of perpetual use in question.

The right to use an apartment in case of refusal of privatization

The Housing Code of the Russian Federation follows that it regulates the rights and obligations of precisely those citizens who live together with the owner in the residential premises belonging to him.

Consequently, in the event of leaving for another place of residence, the right to use the residential premises of a former family member of the owner, in which he lived together with the owner of the residential premises, may be terminated, regardless of the fact that at the time of privatization of the disputed residential premises, the former family member of the owner of the residential premises had equal the right to use this premises with the person who privatized it.

Thus, the mere fact that the defendants have the right to use residential premises at the time of its privatization with their subsequent voluntary renunciation of this right cannot serve as an unconditional basis for the conclusion that they retain the right to use residential premises indefinitely.”

As the Supreme Court of the Russian Federation noted in ruling No. 49-KG15-7 of August 4, 2020, when deciding on the issue of recognizing a person who refused to privatize a residential premises as having lost (ceased) the right to use this residential premises “... it is necessary to find out for what reason and how long the defendant is absent from the residential premises, whether his departure from the residential premises is forced (conflictual relationships in the family, divorce) or voluntary, temporary (work, training, treatment, etc.) or permanent (took out his things, moved to another locality, entered into a new marriage and lives with a new family in another 7 residential premises, etc.), whether there were any obstacles to him in using the residential premises from other persons living in it, whether the defendant acquired the right to use other residential premises in the new place of residence, whether he fulfills obligations under the contract to pay for residential premises and utilities, etc.

Loss of the opportunity to use real estate by a person who is not the owner

How to solve the problem with the “eternal” tenant? There are several ways:

1. A tenant who refuses privatization must voluntarily and independently deregister before the alienation of real estate. Thus, the right to indefinite use of housing will cease.
   If a person is forced to do the above, trying to achieve a result through deception, abuse of trust, threats, then the purchase and sale transaction or donation of real estate can easily be invalidated. This is done in court.

   The plaintiff, who was evicted from the apartment against his own free will, will have to prove that he continued to have an interest in living in the premises, but was forced to deregister or was somehow deceived.

2. The acquirer of real estate may, in turn, terminate the contract if it turns out that the owner alienating the object has kept silent about the existence of persons who retain the right to use a privatized apartment, room or other premises. In the document by which real estate is transferred from one person to another, it should contain something like this: “The seller guarantees that the alienated apartment is transferred free of the rights of third parties.”
   If this is not true, then the contract can be challenged .
3. Make attempts in court to recognize the right to use residential premises as lost.

Eviction of someone who refused privatization

The plaintiffs filed a lawsuit against the defendant for eviction without providing other housing, arguing that the marriage between the plaintiff and the defendant had been dissolved. The parties live and are registered in an apartment that has been privatized into the common shared ownership of the plaintiffs in equal shares. Due to the impossibility of living together with the defendant, immediately after the divorce, he was offered to buy another living space. The defendant agreed and a purchase and sale agreement for the above-mentioned residential premises was concluded between the plaintiff and the defendant. The defendant also drew up a receipt stating that no later than 2 weeks, he undertakes to vacate the living space he occupies in a privatized apartment, but to this day the defendant has not vacated the living space he occupies, and therefore the plaintiffs are asking to evict the defendant from the apartment without providing another living space.

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Is the right of residence permanent?

Under current law, a tenant may lose their right to occupancy. For example, if a citizen uses the living space of a relative with whom he has lost family ties. This applies to ex-spouses.

For example, if a wife divorces her husband, and at the same time she is the sole owner of the property, he must leave the premises. When he does not do this voluntarily, the spouse has the right to go to court.

In addition, you can evict a tenant from a municipal apartment who has not shown interest in the property for a long time. Eviction takes place in court, where all circumstances will be considered.

However, these rules apply only indirectly to the situation under consideration. Regulatory legal acts establish that a person who refuses privatization has the right to lifelong residence in an apartment.

This interpretation should be taken literally. In other words, a tenant who refuses privatization can use the apartment until he dies.

It is important to understand that the right of lifelong residence is not inherited. If the parents lived in the apartment on the basis of an indefinite right of use, the children will not be able to use it.

Consequences of refusal to privatize one of the prescribed

A citizen who refuses to denationalize an apartment is given a lifelong right to reside in that apartment.

Such a right exists even after the apartment is sold by the owner, however, in the case of voluntary checkout from the apartment or participation in the free privatization of other housing, the right of lifelong residence is canceled.

Practice shows that the right to be “registered forever” can be revoked if family relationships break down.

The Housing Code of the Russian Federation deprives the right to use housing to a former family member who does not live in the apartment. All this gives a chance to evict the “refusenik” from the apartment through the court. But this is not enough to deprive him of his lifelong right to live in the premises.

In this case, there should be no fact of forced eviction of the “refusenik” from the apartment. If at least one of the mentioned facts is present, it guarantees the inviolability of his right to live in the apartment.

In the case of selling an apartment, the consent of the “refusenik” is not required. He will not receive a share of the proceeds from the sale of the home. However, in the future, the citizen will no longer be able to take part in the privatization of housing, since his refusal, which he previously formalized, can no longer be annulled, except in rare cases.

Good to know! If a citizen has issued a refusal, but is still in line for a new one, he does not lose his status as a candidate to move into another apartment.

Is it possible to lose the right of lifelong residence?

Almost the only way to “get rid” of an unwanted tenant is his voluntary decision to leave the apartment. If a citizen independently deregisters, his right to permanent use of housing will be abolished.

If a person is forced to be discharged through deception, abuse of his trust, or threats to life or health, he can file a claim in court. The judicial authority will consider all the circumstances of the case and, if the plaintiff’s words are confirmed, will apply sanctions to the person who forced the tenant to write an application for deregistration.

The defendant may refute the plaintiff's position. However, this will not be easy. To refute it, you will need to stock up on written evidence. For example, you can contact a notary office, where you will write a statement indicating that the person is ready to give up the opportunity to live in an apartment and undertakes to go through the deregistration procedure within the specified time frame.

In addition, if the real estate seller hides the fact of the presence of an “eternal tenant,” the buyer will be able to terminate the transaction in court. This directly violates the law.

So, there are few reasons for losing the right of lifelong residence. Another one is the lack of interest in the property on the part of the permanent occupant. However, to prove this fact you will need to go to court.

The statement of claim is filed with a district or city court of general jurisdiction. During the trial, it will be necessary to prove that despite the fact that the citizen has a residence permit at the address of the privatized apartment, he lives in a completely different place.

The existence of the right of lifelong residence in the event of refusal of privatization can bring a number of difficulties for the homeowner. It is possible to challenge it, but this will require substantial evidence.

If difficulties arise, please seek legal advice. You can get free legal assistance on our website. in a special window.

There are two ways to approach the refusal of privatization and the right to lifelong residence. On the one hand, those who refuse to register ownership of the apartment receive a guarantee that they will not be left without a roof over their head. On the other hand, the owner himself suffers - after all, it is difficult to dispose of real estate if there are rights of third parties.

Right of lifelong residence

According to the norms of Federal Law No. 1541-1, any citizen who refuses privatization has the right to lifelong residence in an apartment privatized by another person.

At the same time, the resident does not have any rights to real estate registered in the name of another family member.

If the sole owner wants to sell the apartment, then it will not be difficult, and no one will be interested in the opinion of the refusenik. The apartment will be many times cheaper, but the fact remains that the “refusenik” is just a tenant and nothing more.

Other owners can use the apartment for their own purposes, also without notifying the “refusenik,” whose position will remain rather precarious, although enshrined in law.

In the case of selling a home, it is best to negotiate with the owner about compensation or provision of permanent registration in another residential premises, since sometimes life with new owners is difficult.

The first document is mandatory to complete privatization activities in favor of the remaining registered residents.

The waiver paper is prepared in a notary office with mandatory certification, after the issue of distribution of shares among the remaining registered citizens has been resolved.

The second is a waiver of the right to lifelong residence, a sample of which is best taken from a notary’s office; it is required only when planning further transactions with housing and the transfer of real estate to new owners.

Precautionary measures

Since the presence of people refusing a share in a privatized apartment may lead to problems with the further sale or other disposal of the property, it is recommended to involve a notary in drawing up the document. The issue of further indefinite residence must be resolved before municipal property is re-registered.

Otherwise, indefinite registration can create serious problems for all residents - the process of subsequent sale is complicated for future owners, and the person who refuses will be forced to share the territory with other owners unless the issue of the person’s future place of residence is agreed upon in advance.

It would not hurt for the buyer of a privatized apartment to be careful, since there is a risk of discovering after the transaction permanent tenants who will want to move into the purchased apartment, having the legal right to do so.

Receiving an extended extract will allow you to identify possible refusers and refuse the transaction before you have to decide on the admissibility of applying the rule of law on preserving the right of lifelong residence.

Need some advice? directly on the site.

A citizen can only renounce the right of residence and registration independently.

No authorities will evict or discharge him at the request or application of the property owner.

In case of refusal of privatization

A person who has written a refusal to privatize can live on his square meters for life, regardless of the wishes of the actual owner of the apartment. Even if the owner decides to sell the home along with the former relative registered in it, the latter will live in the premises until he himself is discharged or dies.

How it arises. The right to lifelong registration in a certain dwelling arises for citizens who lived in municipal premises at the time of its privatization, but refused to register their housing in their own name. Various situations arise in families. As a result of a divorce or conflict, the owner may have a desire to evict people close to him in the past onto the street. The rights of refuseniks to lifelong registration are protected by law.

Where to look . Lifelong residents - privatization refuseniks - are registered on paper in the certificate of registration from the passport office. Additionally, you can request a social lease agreement and a privatization agreement from the seller. By comparing them, it is possible to establish a list of residents and possible citizens with the right of lifelong residence.

Refusal of privatization in favor of another person

About deprivatization

Read more about the reverse procedure - deprivatization of an apartment in the article here

There are a number of reasons why people waive their rights to purchase an apartment for free. The most common of them is a person’s desire to improve the financial condition of children, parents, siblings. Sometimes people are lazy to deal with paperwork or intend to privatize other housing in the future, since you can only get an apartment for free once in your entire life.

Some do not formalize a written refusal of the procedure, but also do not agree to participate in it. This behavior is usually caused by hostile relationships in the family - people simply take revenge on unwanted relatives. Due to the conflict, privatization becomes impossible, since it is a voluntary procedure and a person cannot be forced to participate in it.

Refusal from privatization cannot be issued by those who own a share in another apartment or have previously exercised the right to receive free housing. Such citizens are simply not included in the documents and do not participate in the procedure. They are issued certificates that prove that they do not have the right to receive a share in the privatized premises.

With rent

The rentee is the former owner of the apartment who sold the housing on the condition that he will receive maintenance from the new owner and retain the opportunity to use the housing.

How it arises. The right to use someone else's housing arises on the basis of a signed rental agreement. The subject of the agreement between the parties is the home and the conditions for its transfer to another owner. The dependent, after signing the annuity agreement, retains the right of lifelong occupancy until death.

In each individual case, the list of requirements and the amounts spent depend on:

• from the real cost of housing;
• personal wishes of the seller;
• competence of lawyers advising parties to the transaction.

The list of put forward requirements can be anything. All conditions must be specified in detail, documented, and signed by a notary by both parties.

There are two types of annuity. In the first case, payment and maintenance of the dependent continues until his death. In the second case, the new owner spends money on the former owner until he pays off a certain amount. In both cases, the seller and buyer enter into a notarized rental agreement with the right of lifelong residence. The relationship between the parties when registering rent is regulated by Art. Art. 601, 602, 603, 604, 605 ch. 33 Civil Code of the Russian Federation.

Where to look. In addition to the certificate of registration, you need to look at the basis document. The annuity agreement will specify who the annuitant is. It is also possible that, in addition to the former owner of the property, any third party may live in the apartment.

Testamentary refusal

A testamentary refusal obliges the person who inherits the property of the deceased to carry out his will. Including the will to provide an apartment to a third party with the right of lifelong residence. According to the law, it does not arise, only within the framework of a will.

How it arises. The right of lifelong residence can be obtained by persons mentioned in the will of the deceased owner. As a condition, a circle of persons who must live in the dwelling for life or for a limited period without ownership rights may be specified.

In addition to residence and registration, a third party under the will of the deceased may receive maintenance from the homeowner. For these purposes, the heir spends the funds left by the deceased owner of the real estate. The registration will remain with the person specified in the will even after the sale of the home by the heir. The buyer will not be able to evict such a tenant from the apartment.

Where to look. Certificate of registration + certificate of right to inheritance. It is ideal if the seller shows the original will.

Refusal to privatize a minor child

The child’s refusal to participate in privatization is required if another apartment is assigned to him in the future. This procedure is also initiated when leaving abroad, in which case privatization for a number of reasons becomes an unprofitable deal.

Guardianship authorities must issue written consent to refuse the privatization of a minor child. If permission is received, an application must be made. For a child under 14 years of age, the document is signed by parents or guardians, acting on his behalf. From the age of 14, a teenager writes an application on his own, but his parents or guardians must provide their consent. In both cases, the certificate of ownership will include the name of the child who has become the legal owner of the apartment.

Is it possible to include such a right in a gift deed?

The right to live in the donated apartment will accrue to the donor, who indicated in the contract that he will remain registered and will use the square meters. There are different opinions regarding the legality of such a deed of gift.

• Most lawyers consider it unacceptable to include clauses in the gift agreement that assert the right to lifelong residence in the apartment of the former owner. Lawyers see this act as an attempt to cover up an ordinary apartment rental agreement.
• Civil Code of the Russian Federation, clause 1, art. 572 expressly states that the gift must not be complicated by any counterclaims on the part of the donor. The right of lifelong residence in this context is considered precisely as a counter-provision - an obligation to provide the right to use housing to the former owner. Due to a direct legislative prohibition, such clauses of the contract are unacceptable.
• There is a third opinion. Lawyers advise drawing up two separate documents. The first will stipulate the donation of property, and the second should secure the right of the former owner to lifelong residence. However, the judicial protection of the second document is a big question.

IMPORTANT! Our editors do not recommend drawing up a deed of gift with such a condition. It is safer to draw up a rental agreement with a notary.

What options does a person have if he refuses registration?

The Law “On the Privatization of Housing Stock,” most of the articles of which have now lost force, establishes that privatization is carried out with the consent of all persons living in the premises. That is, refusal to register a share of property in ownership should be considered not as a refusal in principle, but precisely as consent to the privatization of housing by third parties also living in the apartment.

And this significantly distinguishes, for example, refusal of inheritance and refusal of privatization. In the first case, the person gets nothing. In the second, he receives the right to unlimited use of residential premises. This is enshrined in a number of legislative acts. In particular, in Art. Art. 83 Housing Code of the Russian Federation and 292 Civil Code of the Russian Federation.

Sources

• https://zakon-dostupno.ru/pravo-sobstvennosti/pravo-polzovaniya-zhilyim-pomeshheniem/
• https://zakon-dostupno.ru/privatizatsiya/otkaz-ot-privatizatsii-i-pravo-pozhiznennogo-prozhivaniya/
• https://ipotekaved.ru/oformlenie/pravo-pozhiznennogo-prozhivaniya.html
• https://estatelegal.ru/oformlenie/privatizaciya/otkaz-ot-privatizacii-i-pravo-prozhivaniya/
• https://SemPravorf.ru/imushhestvo/pravo-pozhiznennogo-prozhivaniya.html
• https://mylawyer.club/nedvizhimost/kvartira/privatizatsiya/otkaz-ot-p/prava-cheloveka.html

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Eviction from an apartment of a person who refused privatization

By virtue of the law, the consent of the person who lives together with the owner of the residential premises is a mandatory condition for privatization. It should be taken into account that, having given consent to the privatization of residential premises, the person proceeded from the fact that the right to use this residential premises for him would be of an indefinite nature, therefore, his rights must be taken into account when transferring ownership of the residential premises to another person, since a different interpretation would violate the provisions of Article 40 of the Constitution of the Russian Federation, according to which everyone has the right to housing and no one can be arbitrarily deprived of their home.