Forced privatization of an apartment through the court: draw up a claim, collect documents and wait for the court’s decision YOURS

Home / Housing disputes / Forced privatization of an apartment through the court

Privatization is considered to be a change in the form of ownership: a municipal apartment passes into private hands. Nothing complicated? Situations can be different: lack of consent of the tenant, arbitrariness of government bodies, lack of a number of documents - privatization may well become a long struggle for one’s rights. Sometimes it comes to litigation.

Is it possible to privatize an apartment forcibly? If you are faced with judicial practice, you are probably interested in knowing how to draw up a statement of claim, what documents are needed and how much you will have to pay for the state fee? Our article is devoted to answers to these and other questions.

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.

Answers to frequently asked questions

Question #1 : Hello! I applied for privatization of a private house with an adjacent land plot, but for some reason the privatization document indicated a three-room apartment, so I cannot register the land plot as my own. What to do in this situation?

Answer: The name “three-room apartment” indicated in the privatization document is not a basis for refusal, so contact the local government with a written application to provide you with a reasoned refusal. Once you receive it, you can go to court.

Question No. 2 : Good afternoon! I would like to privatize the apartment in which I live on the basis of a warrant, but Rosreestr responded that this housing is not listed on the district’s balance sheet. This may be due to the fact that the residential building is located on the territory of a former military camp. What can I do in this situation?

Answer: First, you need to find the previous owner: make inquiries to the Federal Property Management Agency and the Ministry of Defense of the Russian Federation. The owner must also be indicated in the order. If the owner is a liquidated organization, and the housing has not been transferred to the district, go to court.

Grounds for forced privatization

There are a number of grounds for resolving the issue of transferring an apartment into personal ownership through a legal authority - the court. Let's list them:

The residential building in which the apartment is located is not included in the Unified State Register of Companies .
When challenging the legal status of a living space , for example, if it is necessary to determine whether the apartment is a service apartment or not.
If not all responsible tenants agree to the procedure for obtaining housing in personal possession (in this case, their written renunciation of their share , certified by a notary, is required).

A sample form can be downloaded here.

State or municipal authorities refuse applicants to carry out the privatization procedure (the basis for the application will be a written refusal from representatives of these bodies).
One of the responsible tenants has gone missing (the person must have been missing for more than five years and be officially declared dead, otherwise the procedure will not be possible).

Timing of the privatization procedure

No one can say how long it will take to complete the procedure. In each individual case, the duration of the court case varies, it all depends on the specific circumstances and complexity of the situation. Privatization through the courts can take six months or even more. However, when contacting a client, specialists give approximate deadlines:

Acceptance and consideration of the application by the court takes 5 working days;
The first hearing on the privatization case is scheduled in about a month;
Meetings last about two months or more;
From the moment the decision is made, you have the opportunity to file an appeal, if you are not satisfied with it, within 30 days;
If the decision is made in favor of the applicant, then 30 days are given to register and transfer the apartment into his possession;
Registration authorities issue documents within 14 days.

Thus, on average, the issue of privatization through the courts is resolved within 4-5 months.

What kind of housing cannot be privatized?

Not in all cases it is possible to apply for an apartment as personal property. There is a list of residential premises that the state cannot transfer into private ownership (Law “On the Privatization of the Housing Stock of the Russian Federation”, Article 4). These include:

Living rooms in a dormitory . These premises belong to the state and the rights to them cannot be challenged.
Service apartments . A person can live in such premises only with the consent of the state and as long as it allows it. Essentially, it is a tenant-tenant relationship. To be able to rent such an apartment, it must be officially recognized as non-business.
Housing in houses recognized as unsafe . In the event of the destruction of a building, all apartment owners receive insurance payments, which is disadvantageous to the state.
Apartments in closed cities . For example, seasonal buildings that operate only at certain times of the year. The ban is due to the fact that in such buildings utilities are connected only during seasonal work.
The living space is under arrest.

Is it possible to force a tenant to privatize an apartment through the court?

also impossible to obtain ownership of a residential premises if one of the residents refuses to sign the application . However, he does not agree to formally renounce his part of the apartment and is not declared dead. Authorities cannot force a person against his will to undergo the procedure of obtaining rights to real estate.

In addition, if a citizen once participated in free privatization, he does not have the right to claim state property again.

When there is trouble in the family

It so happens that relatives or previously close people who do not communicate for a long time and do not even intend to establish relationships with each other remain connected by a common living space. At the same time, each of those living in it has the right to privatize a share of this area, but not everyone wants to use it. As a rule, this happens due to malicious intent, when certain entities, creating unbearable conditions for living together for the remaining residents, use the entire living space or demand some additional conditions for themselves, for example, payment of all utilities for their stay.

Such a case is possible when there are several owners of municipal or state residential premises and some of them refuse to exercise their right to privatize this housing. A rather difficult situation arises.

And although there is an opinion that in such cases forced privatization through the court is necessary, it is quite difficult to resolve the issue in court.

Documentation

To privatize an apartment, the court will need to collect a package of documents, which includes:

Copies of passports of all residents registered in the apartment.
If there are minors registered in this living space, then it is necessary to provide their birth certificates.
Extract from the house register. If you are unavailable, you can order an extract through State Services, see the guide at the link.
Evidence of the legality of the redevelopment, if any.
Social tenancy agreement
A document confirming your right to an apartment (passport or warrant).
A certificate stating that persons participating in privatization are undergoing it for the first time.
If not all registered citizens participate in the process, it is necessary to submit their notarized renunciation of property or death documents.

Is it possible to challenge privatization if a refusal has been written?

This question often worries residents of megacities, where fraudulent schemes flourish. Is it possible to challenge privatization if a refusal has been written?

No, if the refusal was notarized and the notary’s actions were recognized as legal.

What to do in this case if you did not refuse and believe that the documents are fake?

Contact law enforcement agencies to report forgery and fraud!

Only if there is a court verdict declaring the notary’s actions illegal, can privatization be canceled through the court.

If the refusal was written by parents for their minor children and such refusal was accepted by the municipality.

Even newborns who are registered at their place of residence take part in privatization.

In this case, a legal conflict arises.

The court must prove that at the time of privatization the children or child were registered as a member of the employer's family.

According to the general rules, the child must be registered at the place of residence of the mother or father, but the absence of such data is not a legal basis for invalidating privatization.

What does it mean? The fact is that even if it can be proven in court that at the controversial moment the child was not registered anywhere, the court cannot accept this as the only argument in the claim.

How to file a claim?

A claim for privatization of an apartment (sample) for going to court is drawn up in accordance with the Civil Procedure Code (Chapter 12, Article 131 “Form and content of the statement of claim”) and includes the following points:

The name of the department to which the application will be submitted.
Place of residence of the plaintiff.
It is necessary to indicate the defendant; in this case, it can only be a government organization that denied the right to receive housing.
Indicate what rights of the plaintiff were violated, state your demand.
Provide evidence that the defendant is wrong.
List of all documents attached to the application.
Plaintiff's signature.

Here you can download a sample application to the court for the privatization of an apartment.

Standard samples of claims for the privatization of an apartment must be filled out without errors, otherwise the claim may be rejected.

Drawing up an application for privatization

A competent and experienced lawyer for the privatization of an apartment through the court will definitely explain to the client how to correctly prepare a statement of claim. You need to approach the matter very responsibly and carefully, since if there are errors in the document, the court will refuse to register it. And this is a waste of time.

Information that must be contained in the statement of claim:

The name of the court to which the documents are submitted;
The address where the applicant permanently resides;
Personal information about the plaintiff;
Information about the defendant - the government agency that refused privatization;
List of documents attached as confirmation of the illegality of the refusal.

If the application is submitted on behalf of the plaintiff by his representative, then he must attach a copy of the power of attorney in his name. Otherwise, the court will not accept the package of documents.

Forced privatization of an apartment through the court

After filling out the statement of claim, the plaintiff must carry out the housing transfer procedure, which consists of several stages:

File a claim for the privatization of an apartment.
The authorities will review it within two months, after which a verdict will be rendered.
After the verdict is announced, the plaintiff has another month to go through all the necessary procedures provided for the transfer of state property to private individuals.
Payment of state duties and other expenses. All receipts must be presented.
Drawing up and signing a contract for the transfer of rights to property. Only a positive court decision on the privatization of an apartment is the basis for this procedure.
Obtain documents on the ownership of the living space from the state register . You must first submit to this authority all documents confirming your right to own housing.

Step-by-step instruction

The drafting of a document plays a big role in the consideration of a case in court , and the wording of the text must be clear. Registration takes place in accordance with the requirements specified in Article 131 of the Code of Civil Procedure of the Russian Federation.

In what form: in writing or in print?

In what form: in writing or in print? The document can be drawn up either in handwritten or printed form. There is no official form, which is why there are no special requirements for the type of statement of claim. It is worth remembering that when writing in writing, the color of the pen should be dark blue or black. The printed method is more convenient and looks neater than the handwritten version.

Attention! In all localities they work with a certain form of document. This should be taken into account and taken as a basis when drawing up a statement of claim. Having made the blank in the form of a form, the plaintiff enters the necessary data in the blank lines.

What should it contain?

Document header.
The plaintiff's details are entered: Full name. with address.
Document text.
On behalf of the main tenant, the essence of the problem is written with evidence of violation of the plaintiff’s rights.
- The name of the institution that refused to privatize the home to the plaintiff is indicated.
List the rights violated, based on the laws of the Russian Federation.
Write in precise wording the reason for the refusal of the local government. It can be copied from a previously issued document.
Indicate the requirement to transfer into the ownership of citizens living space, which consists of a certain number of rooms and is located at a specific address.
At the end you should indicate list of applications:
Refusal from the authority in writing.
Real estate papers.
Lease agreement and warrant.
Information about registered persons.
Extract from the Unified State Register (if available).
Receipt for payment of state duty.
Certificates of non-participation in the privatization procedure
Duplicate personal account.
Other documents that are evidence of the applicant’s arguments.
Below indicate the number and signature of the plaintiff.

Who does it?

The statement of claim is drawn up directly by the applicant - the main tenant.

Who assures?

The paper can be notarized, but there is no particular point in this procedure.

Advice! It is better to do this with the responsible employee of the district administration.

Do I need to register?

The statement of claim is registered in a special book . This entry with the subsequent assignment of a number is carried out subject to the availability of a complete set of documents for the privatization of the home.

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.

Deprivatization of the apartment

Deprivatization is the recognition through court (forcibly) of the invalidity of an agreement on the transfer of ownership of living space . Typically, the basis for such a decision is violations when concluding an agreement to transfer property into private hands.

In order to deprivatize an apartment you must:

Submit an application to the court , attaching to it a package of documents similar to what is submitted when applying for the transfer of rights to an apartment. Except that consent to deprivatization is not required from all persons registered in the apartment. Moreover, the voluntary return of housing to the state is called deprivatization and is carried out in a different manner.

A sample statement of claim can be downloaded here.

The request will be considered in two months . If the decision is positive, the housing will again become state property.

The following have the right to submit an application for deprivatization:

Persons involved in the procedure for obtaining housing.
Official guardians.
Child protection.
State and municipal authorities.
Guarantors.
Prosecutor's office employees.

Due to the fact that privatization can be challenged at any time, there is a risk associated with the purchase of such an apartment. After the deprivatization procedure, new residents will be required to vacate the property without returning money or paying any other compensation.