There are cases when only a statement of claim for ownership of an apartment will allow the owner to legally secure his rights to this housing. Namely, the right to own, use and dispose of residential premises.
From the point of view of the law, the entire scope of such rights in relation to an apartment can only be used by those whose ownership rights are registered with Rosreestr. That is, official confirmation is necessary - state registration of real estate. If there is no such record, consider filing this claim. The decision in the case will become the basis for making a corresponding entry in the Unified State Register of Rights.
Ownership of an apartment arises during privatization, as a result of participation in shared construction, the conclusion of sales and purchase agreements and other grounds. To go to court with such a claim, there must be a dispute about the law. With government authorities, with other persons. In some cases, a different method of protecting rights will be required. For example, filing an application to establish the fact of ownership of a document, a statement regarding the prescription of possession, an application to establish the fact of acceptance of an inheritance. It all depends on the specific circumstances of the case.
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Statement of claim for ownership of an apartment
When is it necessary to file a claim for recognition of ownership rights?
The need to confirm ownership in court arises when a person actually owns a home, but for some reason cannot register it. For example, real estate documents were lost. This is especially true for property acquired a long time ago. In this case, evidence of actual ownership will confirm the legitimacy of the claims. If a person cannot provide them, the claim will be denied.
The need to go to court arises when a person has the necessary documents, but he is prevented from exercising his rights or they are challenged.
It may also be necessary to recognize ownership of an apartment in a building under construction or unauthorized construction.
Download a sample statement of claim for recognition of ownership of an apartment (92.1 KiB, 2,023 hits)
Claim for recognition of ownership of a part of the house (19.2 KiB, 980 hits)
Features of the motivational part
This part of the claim is drawn up in any form, but with precise, succinct, logical and consistent content. These are important conditions for satisfying a claim for recognition of ownership of an apartment. In accordance with Part 4 of Art. 92 of the Arbitration Procedure Code of the Russian Federation, the reasoning part of the statement of claim sets out the rationale for filing an application to secure the claim and the interim measure that must be taken. The reasoning part must contain an indication of the plaintiff’s requirements to the defendant and legislative arguments for satisfying the claims, i.e. references to laws and other regulatory legal acts. In the claim, it is important to clearly and briefly describe what the violation (or threat of violation) of rights is, what the defendant must do in a claim for recognition of ownership of the object in order for the said violation to be eliminated.
In addition, in his claim, the plaintiff is obliged to prove his claim, refer to the circumstances on which he bases it, provide appropriate arguments and evidence confirming these circumstances (documents, written testimony of witnesses, etc.).
To make your claim more convincing and help solve the problem, study court decisions on similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer in the text to those cases that the court decided “in your” favor.
Filing a claim
In order for the court to accept the claim for consideration, it is necessary to correctly formalize the requirements.
The “header” of the document indicates the name and address of the court, full names and addresses of the parties, and the price of the claim.
In the “body” they write:
- on what basis the right of ownership arose (real estate was purchased, donated, inherited, privatized, etc.);
- reasons preventing the issue from being resolved peacefully;
- assurance that there are no other applicants for the property;
- confirmation of the use of the apartment: length of stay in it, payment of utilities, repairs of the premises, etc.;
- list of attached documents.
At the end they put a date and signature.
In addition to the statement of claim, copies are submitted (one copy each for the parties and for the court). If there are several defendants in the case, you need to prepare your own copy of the claim for each.
Download a sample statement of claim for recognition of ownership of an apartment (92.1 KiB, 2,023 hits)
Claim for recognition of ownership of a part of the house (19.2 KiB, 980 hits)
Read: how to find out the cadastral value of an apartment.
How to compose it
The Code of Civil Procedure of the Russian Federation contains recommendations for drawing up claims, requirements for filing, and rules for filing a lawsuit (Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). For a claim to an arbitration court, additional requirements are determined by Art. 125, 126 APC. If a document is not drawn up according to the sample, it will not be accepted for consideration by the court. A claim filed with the court for recognition of ownership of an apartment contains the following information:
- full name and address of the court;
- information about the plaintiff and defendant: full name, registration, contact details, identifier (SNILS, INN, passport details, etc.); if the defendant is an organization, its name and address;
- information about violated rights and a list of requirements presented to the defendant;
- a list of grounds for filing a claim and a list of evidence supporting these grounds;
- the cost of the claim;
- a list of attached documents indicating the number and date of each, including a document confirming payment of the fee;
- plaintiff's signature.
Required documents
To obtain recognition of ownership, the plaintiff will need to collect the following documents:
- copy of the passport;
- property tax receipts;
- receipts for payment of utilities and other payments related to the property;
- copy of BTI passport;
- documents confirming ownership: purchase and sale agreement, exchange, deed of gift, will, etc. (if available);
- acceptance certificate (if any);
- if the property is privatized - supporting documents;
- other documents that prove the legitimacy of the requirements.
You will also need to pay a fee; without this, the court will refuse to accept the claim. If the case is considered by an arbitration court, the fee is fixed and amounts to 6,000 rubles. In other cases, the amount of payment depends on the value of the property, but not less than 350 rubles. and no more than 600 thousand rubles.
Find out: How to register ownership of a house.
Which court should I go to?
Depending on the status of the plaintiff and the value of the apartment, a claim for rights to real estate is filed with an arbitration court, a district court of general jurisdiction, or a magistrate.
Court determination scheme
IMPORTANT!
A claim for recognition of ownership of a real estate object is filed at the location of this object.
It is possible to submit statements of claim in the form of electronic documents (Federal Law No. 220-FZ of June 23, 2016). But even in this case, the jurisdiction of the claim for recognition of property rights remains, depending on the status of the plaintiff. The application is submitted on the official website of a particular court. The list of all courts is presented in the state automated system of the Russian Federation “Justice” https://sudrf.ru. This service is available only to owners of an enhanced qualified digital signature.
Procedure for consideration
After receiving the documents, the court sets a date for consideration of the case. The parties are notified of this by summons. During the hearing, the judge considers the parties' arguments. If the plaintiff has title documents in hand, it will be easier to achieve a positive verdict. In the event that they are lost, receipts for payment of utilities, repair work, witness statements, etc. serve as evidence. In this case, the court will make a decision based on the presumption of actual possession.
When confirming the rights to an unauthorized construction, it will be necessary to prove that it complies with technical standards and its construction does not violate the interests of other owners.
Judicial practice shows: if the application is drawn up correctly and the documents are in order, the decision is usually made in favor of the plaintiff. After this, he can contact the BTI and registration authorities to document ownership of the property.
A party not satisfied with the decision may challenge it within 10 days.
We recommend you know: how to register an apartment as property by inheritance.
State duty for recognition of property rights (in cases considered by courts of general jurisdiction)
Property is subject to assessment, and the law says that state fees for this category of cases must be paid based on the value of the object to which rights are claimed (the price of the claim).
The Tax Code of the Russian Federation refers to a norm that precisely establishes how the amount of state duty is calculated for claims of a property nature - clause 1, part 1, article 333.19 of the Tax Code of the Russian Federation.
An example of calculating state duty. The cost of the property is 3,000,000 rubles. The state duty is: 13,200 rubles (amount up to a million rubles) + 2,000,000 rubles. x 0.5% = 23,200 rubles
Who to include as parties
The parties to the process are the plaintiff and the defendant. They may speak in person or through representatives. If a representative is involved in the case, his powers are confirmed by a power of attorney. The plaintiff is the person whose rights have been violated. In most cases, this is a citizen.
The defendant can be a citizen, legal entity or government body if they committed a violation of the rights of the plaintiff. For example, if a government agency has not issued a certificate of ownership, it is a defendant in such a case.
Please note! If the development company has not issued documents for the house, it will be the defendant, and the third party will be the institution that exercised control over the construction of the house.
Claims for damages in connection with the death of a breadwinner
(see lawsuits and article on this topic)
Statement of claim for compensation for damages in connection with the death of a breadwinner who died while performing work duties (for the recovery of a monthly payment of sums of money constituting the average earnings of the deceased breadwinner).
Statement of claim for compensation for damages in connection with the death of a breadwinner who died at work as a result of an accident (for the recovery from the employer of the deceased in favor of his wife of a monthly sum of money for the maintenance of the child until he comes of age.
A statement of claim for compensation for damages in connection with the death of a breadwinner as a result of poor-quality medical services provided to a medical institution.
Statement of claim for compensation for damage as a result of the death of the breadwinner at work (for the recovery from the employer in favor of a dependent (for example, a minor child) of money to compensate for the damage caused by the death of the breadwinner on a monthly basis).
Statement of claim for damages in connection with the death of the breadwinner, funeral expenses and compensation for moral damage. The breadwinner died while performing his job duties.
Claims for damages
- Claims for compensation for damage caused as a result of an accident (insurance compensation, insurance payment) filed against the insurer under compulsory motor liability insurance
- Claims for compensation for damage caused as a result of an accident, brought against the tortfeasor (the culprit of the accident, and not the insurer)
- Claims for compensation for health damage caused as a result of an accident at work (occupational disease)
- Claims for damages in connection with the death of a breadwinner
- Claims for compensation for damage caused by flooding of premises
- Claims for damages caused by dog attacks and bites
- Claims and compensation for damage caused by illegal actions of the bailiff
- Claims for compensation for moral damage
What documents to attach
Each applicant is obliged to provide the court with legal documents establishing his case as stated in the statement of claim.
Main list of documentation:
- grounds for claiming ownership;
- technical documentation for real estate;
- evidence base of the plaintiff’s correctness;
- receipt of payment of state duty;
- confirmation of compliance with the pre-trial order;
- other documents proving the grounds for the claim.
A power of attorney is presented if the process involves not the plaintiff, but his representative. If the applicant is a minor, then legal representatives: parents or guardians act on his behalf.
Claims for compensation for damage caused by flooding of premises
(see claims and comments on the topic)
Statement of claim for compensation for damage caused by flooding of the apartment due to the fault of the management company
Statement of claim for compensation for damage caused by the management company (sample)
Statement of claim for compensation for damage due to flooding of an apartment (we recover the cost of restoration of the apartment, legal costs - state fees, costs for legal assistance, costs for the services of a damage appraiser)
Statement of claim for compensation for damage caused by flooding of an apartment
Statement of claim for the recovery of funds in compensation for damage caused by the flooding of the apartment when extinguishing a fire in the apartment above
Statement of claim for compensation for damage caused by flooding of the apartment (cost of restoration of the apartment, cost of damage assessment services, interest, and other expenses)
Sample statement of claim for recovery of damage caused by flooding of an apartment and recovery of lost profits. Demands are made for the recovery of an amount amounting to the material damage of the plaintiff - the owner of the apartment, as well as lost profits, amounting to the funds not received by the plaintiff from the transfer of the apartment for rent to a third party
A sample statement of claim for recovery of damage caused by flooding of an apartment occupied by the plaintiff under a social tenancy agreement. The tenant's demand: to recover from the defendant, the owner of the apartment above, the material damage caused by the flooding of the apartment.
Sample statement of claim for recovery of damage caused by flooding of the tenant's apartment (under a social tenancy agreement). The plaintiff’s (tenant’s) demands are to recover the cost of restoration of the apartment and the cost of the property that became unusable as a result of the flooding of the apartment.
Sample statement of claim for recovery of damage caused by flooding of non-residential premises. As a result of the flood, both the non-residential premises of the plaintiff - walls, floors, ceilings - and equipment, as well as goods located on the premises, were damaged.
Sample statement of claim for recovery of damage caused by flooding of non-residential premises - office. The plaintiff, the owner of a non-residential premises, asks to recover damages caused by damage to the non-residential premises as a result of flooding (flooding), which occurred through the fault of the owner of the apartment located on the floor above.
