Read about the concept of deprivatization or deprivatization of an apartment in our article. Find out also about how long privatization in Russia has been extended, as well as how much it will cost at the end of this period.
Causes
Can they refuse to privatize an apartment? What are the reasons for this?
Yes, they can, and this is directly stated in Law of the Russian Federation No. 1541-1, dedicated to privatization and everything connected with it.
What are the reasons? In fact, for the most unexpected reasons, it is ridiculous to expect that the state will agree to give into private hands for free what only yesterday belonged to it.
Is it possible that the refusal is due to a break in registration? There are actually more reasons than might seem at first glance.
The status of the premises will also play a role, whether the applicant was permanently registered in this apartment, whether there are rent arrears, and much more.
So, what status of the premises will prevent this procedure from being completed:
- dormitory;
- emergency rooms;
- service housing;
- living space classified as social housing;
- apartments from a closed military camp.
Read about whether it is possible to privatize a cooperative apartment or a room in a communal apartment on our website.
In addition to this, there are also other grounds for refusal:
- forgery of documents;
- illegal redevelopment;
- debt for housing and communal services;
- documents confirming the right of the resident have become invalid;
- the premises are not under the jurisdiction of the municipality;
- a citizen applying for free privatization has previously participated in the same procedure, but with different housing;
- incorrectly drawn up contract;
- the package of documents for the application is missing one or more required papers.
Read our article about what to do if your apartment warrant is lost.
Refusal to privatize an apartment by court decision
However, there are cases when authorities have the right to deny the plaintiff the right to obtain housing rights:
- Utilities have not been paid. To appeal the refusal, read how to privatize an apartment with housing and communal services debts.
- The layout of the living space was carried out illegally.
- The documents submitted by the plaintiff turned out to be invalid.
- The applicant has already participated in obtaining other housing free of charge.
Options
Actually, there are only two options here:
- come to terms with;
- go to court.
In what case does the last point even make sense?
Only if you can confirm that the actions of government agencies are unlawful and in fact you have the right to privatize these square meters.
It goes without saying that such a procedure should not even be started without the support of an experienced lawyer specializing in housing issues.
Even if the success of the case seems obvious and guaranteed - remember, the second party in court is the state, which is not at all inclined to change its decision and give up anything, especially real estate.
An experienced lawyer will definitely be on his side, perhaps more than one. Any omission that an ordinary person inevitably makes means an advantage for the opponent and can be decisive for the entire matter.
So, when an appeal is possible:
- the housing is recognized as unsafe only in words, this is not approved anywhere in official documents;
- the house has been given the status of a hostel, but this, again, is not documented in any way;
- The living space belongs to official housing, but the owner is not against privatization.
Find out on our website how to determine whether an apartment has been privatized or not, where to start the process, whether this can be done through the MFC, and whether minor children should take part in this. You can also download a sample application for privatization of an apartment, as well as a written refusal to participate in it, from us.
When is judicial privatization necessary?
Nowadays, the cost of an apartment, especially in big cities, is exorbitant.
And the only chance for many to own an apartment is privatization.
But to carry out such a procedure, the consent of all residents .
In addition to signing documents, tenants are required to appear in person to submit documents . Read about what package of documents is required for privatization here.
It is not always possible to comply with all the conditions; sometimes a person cannot or does not want to participate in the process. In this case, the only way out is to go to court .
But the reason is not always the disagreement of residents. Difficulties may also arise with government officials who deny the right to obtain rights to real estate. And it is not possible to solve the current situation by providing additional documents.
As for service apartments provided to the military, the only way to obtain ownership of housing is to contact a higher authority . It will not be possible to prove the right to living space in any other manner.
Thus, only in cases where it is not possible to resolve the issue of privatization in the usual manner through local authorities should you go to court.
If you have debts for housing and communal services
Separately, it follows: is a negative response from government agencies justified if a tenant has accumulated a debt to pay for utility bills ? Usually the following picture occurs: a tenant comes to the Management Company for an extract from the house register and a copy of the financial and personal account.
And officials look at how a person pays for housing and communal services and if there are any “tails”, they refuse to issue official papers, emphasizing the fact that in this case registration of personal ownership of real estate is impossible.
And in the housing department of the administration they insist that the package of documentation required for the procedure certainly includes a certificate of the absence of fines and debts for housing and communal services .
Are they right? It is impossible to answer this question unequivocally.
Yes, of course, civil servants do not have the right to create an obstacle to becoming the owner of premises issued by the state.
It is your responsibility to request the necessary papers for the procedure, and the Management Company’s responsibility is to issue them.
They are not the prosecutor's office, not bailiffs and not the court , no one authorized them to punish them. Legal websites on the Internet, in case of a collision with passport officers who think too much about themselves, advise doing the following:
- demand an official document confirming the refusal to issue papers;
- contact the prosecutor's office regarding the arbitrariness of officials (Article 19.1 of the Code of Administrative Offenses of the Russian Federation).
But this is in case the citizen is committed to what is called “principle.” It’s better to do this: pay off existing debts as soon as possible. The point is that the Management Company can file a counterclaim to evict the debtor.
Of course, you won’t be evicted the first time, especially if you are determined to pay, but it will get on your nerves.
What kind of registration of real estate into personal ownership should we talk about in this case, there would be no way to be left without housing.
Therefore, be sure to go to the Management Company and negotiate an installment plan - if it so happens that the debt is too large. You will be required to repay the debt after you take ownership of your home.
Having received the document in your hands, you can go to the passport officers. They will issue the necessary papers.
So, to summarize briefly, the answer to the question is this: the state has the right to refuse to privatize a home on which debts “hang.”
And it’s better not to fight this, because they will force you to pay anyway, but to look for funds as soon as possible to cover the debt - after all, a delayed registration procedure is far from the most serious thing that can happen. Especially if payments have not been made for a considerable time.
Find out about the rights and responsibilities of the owner and those prescribed in a privatized apartment, as well as what the owner of square meters will now have to pay for out of his own pocket on our website.
Useful tips for residents
To obtain consent for privatization, it is necessary to remove obstacles to the desired solution. The following recommendations will help you get a positive result.
Carrying out the necessary actions when acquiring real estate into private ownership is indeed fraught with certain difficulties. If we are talking about reluctance to participate in a tedious procedure, they suggest issuing a power of attorney to an authorized person. A notary can be called to your home to certify the document.
Some municipalities offer a convenient option for remote submission of applications on the official website. Similar services are provided by MFCs. It should be emphasized that privatization is free of charge for any registration option. The exception is field services, which are paid according to approved tariffs.
To obtain the consent of one of the residents, financial arguments can be used. If the reason is unwillingness to pay property taxes, they offer compensation in the amount of the calculated amount of mandatory payments for a long period.
Legal assistance is the key to a reasonable and quick resolution of the problem
Based on the above, we can conclude that it is impossible to force the privatization of an apartment through the court. The court refuses the demands of the statement of claim, despite the tragedy of the situation. The legislation provides direct rules of law prohibiting this, and judges are guided by this. But there are opportunities to get out of seemingly hopeless situations. They are not easy, since judges are very reluctant to deprive citizens of their right to housing. That is why the participation of qualified specialists from among practicing lawyers will be required in such cases. Trying to resolve the issue in court on your own may not lead to the expected result. The choice is yours.
Help from a lawyer in Yekaterinburg
If you are unable to figure out a solution to the problem on your own, you can work with the person who is abusing his right, or independently contact the lawyers of our Law Office “Katsailidi and Partners” in Yekaterinburg to conduct a mediation procedure or initiate a legal dispute between co-tenants.
During the consultation, our lawyer will comprehensively review your situation and determine the correct legal way to resolve the conflict while respecting the interests of the applicant.
