Refusal of privatization in favor of another person - consequences, sample application and necessary documents

Free purchase

People who use residential premises owned either by the state or local authorities and have a residence permit can become owners of real estate for free. The basis for their residence is a social tenancy agreement.

To receive free housing, you must agree:

family members living together who are adults;
those who are in the age range from 14 to 18 years;
persons who do not currently occupy living space, but have the right to do so.

The approval of only those persons who have not previously privatized another home will be required (Article 1.2 of Law No. 1541-1).

The apartment can become either the joint ownership of all tenants or one. Even a child can become the owner of a living space.

Important! In March 2021, changes were made to the law on the privatization of housing stock, making it free without a time limit.

Why do this?

The first and most basic reason for the privatization of housing is that you become the sole owner of the apartment and can carry out various operations with it, such as: sale, exchange, donation and inheritance. You will also be able to easily rent it out, which was not possible when the apartment was part of the social contract. Then the owner's permission was necessary, which is not so easy to obtain.

Of course, it is worth noting the fact that no one will dare evict you from your home without explanation and the provision of alternative housing.

The only disadvantage we can note is the fact that every year you will have to pay a certain amount of tax on your property, but this figure is not as large as it might seem at first glance. It is also worth noting that you will have to do your own repairs in residential premises at your own expense, not the government’s. And operations such as replacing pipes or insulating a house will also have to be paid for out of pocket. But this cannot be compared with the fact that you receive huge capital in the form of your own real estate.

Reasons for refusal

Russian citizens have the opportunity not only to become the owner of an apartment or room for free, but also to refuse this benefit. Usually, refusal to privatize an apartment has special reasons.

There are situations when a son lives with his parents, who are well over 80. If the apartment is registered as the property of all family members, then problems may subsequently arise with obtaining inheritance rights. And the family decides that it is most optimal for the son to receive the apartment as sole ownership.

A valid reason may also be the recognition of housing as unsafe. If a family refuses property, counting on receiving a new living space, then in the future it will be able to become its owner.

What will happen if we refuse privatization?

The most important consequence of the refusal procedure is that the property or part thereof does not become the property of the tenant. The share of the refusenik in this situation will be divided among the remaining residents of equal parts. freely use housing under any circumstances , then refusal may entail cancellation of registration in this premises, especially if relations between residents have deteriorated or a divorce has occurred with the division of property.

Reference! The procedure for refusing privatization does not deprive the tenant of the right to perpetual use.

Registration procedure

The refusal is attached to the documentation submitted for privatization. The list is determined by the rules established at the regional and local level. Refusal to provide free housing can be included in the text of the application for obtaining ownership of premises or in the form of a separate paper.

A notarized waiver of privatization is not always required. It is not specified in the law. But individual acts of local administrative bodies establish a rule obliging the application to be certified by a notary service. For example, you will have to contact a notary in Krasnodar or Samara. No need - in Moscow and St. Petersburg. The fee paid for the certificate is 500 rubles (Article 333.24 of the Tax Code of the Russian Federation).

What does the law say?

Despite the refusal to register property, everyone registered has the right to use the living space.

An exception is the case when a person divorces the owner of the apartment, then he cannot continue to use the housing unless there are additional agreements between them.

But this situation is twofold because, according to another law, a person who refuses privatization in favor of a second person living in the apartment cannot be evicted. This right is unlimited .

In these cases, the Supreme Court takes the side of the person who wrote a waiver of his share during privatization, despite the contradiction of two different legal acts.

Children's rights

The situation becomes more complicated when the person wishing to waive the right to privatization has children under 18 years of age. This number includes children who are adopted and taken into custody.

Is it possible to refuse privatization on behalf of children? – You can refuse to include them in the list of future owners with the permission of the guardianship and trusteeship department. This is stated in Art. 37 Civil Code of the Russian Federation, Art. 21 Law No. 48-FZ dated April 24, 2008 On guardianship and clause 7 of the Post. Plenum of the Supreme Council No. 8 of 08/24/1993. Everything that has been said is also true regarding persons of other residents who do not have legal capacity.

As practice shows, representatives of guardianship authorities almost universally refuse permission to carry out these actions. The motives are quite clear - the rights of socially vulnerable citizens are protected from infringement.

Important! When living space is occupied or has the right to be occupied by persons under 18 years of age, their inclusion in the agreement on the transfer of ownership of the premises on a free basis is mandatory (Zn No. 1541-1, Art. 7).

On what grounds?

The reasons are most often related to life circumstances:

Living in dilapidated houses . If the house soon ends up on the demolition list, then the residents of the non-privatized apartment will be able to receive larger housing as a result of resettlement. If they participated in privatization, they could only apply for an apartment equal in area to the one in which they currently live.
High registration costs . Privatization is subject to tax, which is calculated based on the value of the property. The higher the market price of the apartment, the higher the tax amount will be.
Unfavorable legal position . The rights and obligations of owners and tenants of privatized housing differ significantly from each other. Tenants, unlike owners, are not required to pay for major repairs. They can also receive good benefits for housing and communal services. So for many residents it is more profitable to remain tenants than to transfer apartments into ownership.
The desire to help relatives solve their housing problem . For example, if one of the residents is in line to receive real estate or has taken out a mortgage, then by his refusal he can help loved ones get their own apartment.

REFERENCE: In most cases, disagreement becomes the owner due to the desire to simplify further legal actions.

For example, elderly parents can give up a share so that their children do not have to pay tax on accepting the inheritance after their death, and they can become owners through privatization.

Where to submit documents

An application for refusal can be given to citizens who are ready to exercise their right to free housing and submit the appropriate documentation.

The entire package is addressed to the institution involved in processing the privatization of housing. Most often, this is the corresponding service related to the administration of the subject.

You need to go there with your passport in hand. The application form is issued on site, filled out and signed there. The administration employee signs the application, thereby indicating that the document was drawn up in his presence.

Typically the application includes:

Full name of the applicant (full).
Passport details.
Registration.
Reasons why the refusal occurs.
Request to be removed from the list of owners.

In addition, you need:

Title documents for real estate - Social tenancy agreement, move-in order, extract from the house register.
If there are children under 18 years of age among the “refuseniks,” the decision of the guardianship authorities will be made.

These rules apply if local acts do not require a notary inscription. When you are planning to get certified by a notary, you need to go to him in person, with your passport and the specified documents.

As stated in Art. 8 of Law No. 1541-1, the decision on privatization is made within 2 months from the date of receipt of the documentation. The refusal is considered within the same time frame.

Expert opinion on the status of the privatization transaction

S. V. Nikolyukin, Ph.D. Sc., associate professor, member of the Russian Lawyers' Association, member of the Russian Association of International Law, professor of the Russian Academy of Economics, in one of his works draws attention to the following.

The privatization procedure, which requires the conclusion of an appropriate agreement, is not private in nature. The procedure for conducting such transactions is determined exclusively by law and regulations. Typical features characterizing a privatization transaction:

Transfer (alienation) of housing by the owner or by his decision.
Strict privatization procedure provided for by law.

It follows from this that the owner of the privatized housing (municipality, state government) does not have the right to alienate property at his own discretion.

Consequences of failure

Refusal to receive home ownership free of charge has the following consequences:

A person who does not want to receive housing as personal property does not lose the right to use it. He retains the right of lifelong residence if he refuses privatization. Moreover, in any development of events, for example, when he ceases to be related to members of the owner’s family (during a divorce). (Law on the introduction of the Housing Code No. 189-FZ of December 29, 2004, Art. 19).
A difficult question is what to do when the owner changes. The answer to this can only be obtained in the process of alienation of privatized living space (sale, inheritance, signing of a deed of gift), by applying to the court. In accordance with Post. Const. Court No. 5-P dated March 24, 2015, the right of use may be preserved taking into account the specific circumstances of the case. Thus, today the problem remains open. Therefore, it is worth thinking carefully about whether abandoning privatization is really necessary.
When a person has not exercised his privatization rights once, he may do so subsequently. And, conversely, having privatized one apartment, you cannot get another for free in the same way.
A person who did not participate in privatization can terminate the right to live by checking out and taking part in the free acquisition of living space on the same basis.
If you do not participate in the privatization process, the right to receive housing from the state as a person in line to improve living conditions is retained.

What happens if one of those registered refuses privatization

The issue of dividing shares and parts of property quite often arises. When a registered citizen is categorically against privatization, then the remaining residents will have to find an approach to their roommate and negotiate on a peaceful basis. The court cannot resolve this issue.

Reference! In cases where there is a voluntary refusal to privatize one of those registered, but there is his consent to give up his share, he is obliged to formalize his refusal in an official form.

How to formalize a refusal to privatize one of those registered

According to Russian law, a citizen must contact a notary in his area of residence. As a rule, they already have forms and samples of such statements. It is written personally by a person who is going to abandon the privatization procedure. Even if there is a power of attorney for another interested party.

In this statement , it is necessary to state your firm decision that the citizen should not be included in the number of participants in the privatization of housing. It also states the following points:

Data of the citizen who is going to refuse;
Available grounds for refusal;
Information about the citizens in whose favor the share is being waived;
Address of the privatized apartment;
If the objector has not reached the age of majority, a decision from the guardianship authorities is needed on their consent to the procedure;
Child's birth certificate or guardianship/adoption decision.

When submitting, you do not need to indicate the addressee; the package of documents is not sent to a specific specialist. This statement is a confirmation of the voluntary renunciation of one’s own share and its transfer to the rest of the residents of the apartment.

Consequences of refusal for the rest of those registered and living in the apartment

Despite the existence of the right of lifelong residence , family members will not always have to get along with a conscientious objector. As practice has shown, such a right can be revoked if the relationship between family members ends, a divorce , or one of the residents voluntarily leaves their place of residence . Also, indefinite use ceases to be valid if the refused citizen voluntarily checked out of the apartment or privatized other housing .

Attention! In the case of the sale of an apartment, the registered family members will not need the consent of the person who refused, and according to the law, he is no longer entitled to any funds from the sale.

Challenging the transaction

An apartment privatized for one or more people can be sold in accordance with the general procedure. The presence in the history of privatization of a refusal statement from one of the seller’s family members indicates that the buyer needs to carefully approach the purchase process. It is advisable to speak with the person who refused to find out the reasons for this action. Even if the apartment is sold, the person who wrote the refusal to privatize can at any time go to court to restore their rights.

Judicial order

A citizen who believes that his rights have been violated has the opportunity to file a claim in a court of general jurisdiction and demand the annulment of his refusal to privatize.
Since the apartment has already been privatized, i.e. registered as property, it seems possible to cancel this transaction only in court. At this stage, compelling justifications attached to the statement of claim are required, since forced termination of the transaction can only occur for a certain list of reasons:

if the citizen did not understand the consequences of signing the refusal application;
if he signed the document forcibly;
if he was deliberately misled about what was happening.

All these reasons lead to the cancellation of the refusal, but they can be quite difficult to prove.

In the first case, it is necessary to present evidence that the signatory was in an insane state, and this is possible if there are no photo or video materials left, only on the basis of a psychiatric examination.

Evidence of coercion to sign may be a receipt or other saved evidence of a conversation, from which it follows that the citizen signs the refusal out of fear for the life and health of himself or his loved ones. The same evidence can serve as a statement to the police about pressure, written in the same time period as the refusal.

As for misrepresentation, this point is the most difficult to prove.

Often relatives who receive the remaining shares offer some kind of material benefit for refusing privatization. To get what is promised, a citizen can sign a waiver and skip the deadline during which it can be canceled. But if the other party does not fulfill the terms of the deal, then you can try to cancel the refusal. To do this, it is necessary to have direct evidence that the agreement was not fulfilled. If all the conditions were discussed exclusively orally, without assurance on paper, then it will be impossible to prove intentional deception.

Consequences of reselling an apartment

Considering each specific situation separately, the court will assess the degree of good faith of the acquirer. Cancellation of the refusal to privatize means that the entire subsequent chain for the sale of the desired apartment can be revised, and as a result:

the court will cancel the refusal and the subsequent transaction for the purchase and sale of the apartment, and will oblige the property to be returned to state ownership;
the court will cancel the refusal and leave the deal in force, but will order compensation to be paid to the person whose refusal was not signed on voluntary terms.

Most often, the first option occurs in situations where the buyer cannot prove his good faith. If the apartment was purchased by power of attorney, the new owner did not require certificates and other documents regarding the apartment, this suggests that the transaction could be carried out by agreement, and the buyer was aware of potential problems. Often such apartments are sold at significantly reduced prices, which also means the possible presence of pitfalls.

The second option is more suitable for situations where the buyer is definitely conscientious. Those. the apartment was purchased at the usual market price, all documents were carefully checked and studied, but for some reason the refusal to privatize was still cancelled. Then the court may decide that the property still remains with the buyer, since he could not influence the involuntary writing of the refusal.

general information

The privatization process is regulated by a number of federal acts (Law “On Privatization” No. 1541-1, 07/04/1991, Housing, Civil Codes of the Russian Federation, Law “On State Registration of Real Estate”, 07/13/2015 N 218-FZ), as well as local administrative regulations.

Important ! The key regulatory document is the local Administrative Regulations for privatization. It contains comprehensive requirements for how a refusal to privatize is formalized. You can view the current text on the municipality’s website or at the administration stands.

The reasons for refusal to privatize an apartment can be completely different, for example:

reluctance to spend time or money on paperwork;
reluctance to register as the owner of this particular apartment (if we are talking about dilapidated, emergency housing);
privatization of another living space earlier;
unwillingness to bear the burden of maintaining this apartment subsequently (pay taxes).

When a refusal to privatize an apartment is issued, the reasons for such a decision are not required to be indicated, nor are any supporting certificates to be collected. The expression of will itself, stated in writing and certified by a notary or an administration official, is sufficient.

Before starting the process, you need to understand one legal subtlety. Privatization is possible only with the consent of all residents and registered persons. Citizens who do not want to receive an apartment also give their consent, which is legally called “consent to privatization without the participation of a person.” This is exactly how the refusal to privatize officially sounds.

Privatization in Russia

The process of privatization in Russia has continued from 1993 to the present. Every citizen of the country has the right to free privatization of housing if he has supporting grounds. At the same time, many people postpone the process of transferring real estate from municipal to private, because they see not only the advantages, but also the disadvantages of this procedure.

The main advantage of a privatized apartment is that it can be sold or exchanged, i.e. get benefits.

If the apartment is municipal, then no registration actions can be performed with it. You can also register a person in a privatized apartment without unnecessary delays, the main thing is to have consent from the homeowners.

The disadvantages include paying real estate taxes, contributions for major home repairs and other fees.

Residents of municipal apartments are not considered owners and are therefore exempt from paying these amounts. In general, tenants of non-privatized housing make fewer payments than owners of privatized apartments.

The choice of whether or not to privatize an apartment must be made unanimously by all family members living in it. Even if one of the residents is against privatization, this opinion is enough to delay or cancel the property registration process.

What is registration?

Propiska (registration) is a way for the state to control the movement of citizens across the territory of the Russian Federation. In addition, being tied to a place of residence allows individuals to protect their rights and fulfill their responsibilities.

Registration is an important tool for shaping migration policy.

Registration does not oblige a person to stay in one place - he has the right to move freely throughout the country and abroad. And yet, regardless of citizenship, subjects residing in Russia must register.

Find out in more detail how registration differs from registration at the place of residence.

Restoration of the right of permanent indefinite residence during privatization

What can you say on this issue: During the privatization of an apartment, a person voluntarily renounced his right to privatize, the apartment was privatized by other relatives living with him, then the apartment is sold, at the same time. a person who does not participate in privatization is voluntarily deregistered, i.e. “discharged”, and then. A person somehow remains “not registered” anywhere, without housing, and this could be in a year, or in 10 years. Question: can a person restore his EXCLUSIVE right to permanent, indefinite residence in a sold apartment, the privatization of which he once voluntarily refused?

“Extract”, i.e. deregistration does not yet mean a waiver of the right to use this residential premises, for example, a person wanted to leave temporarily for work in another region, where he wanted to register with relatives for the duration of work as a permanent place of residence, and not at the place of stay. And after five years this man planned to return back. And the apartment was sold.

A person who refuses housing comes to the administration in person with a passport. This must be done when the participants submit the main package of privatization documents.
Next, the citizen writes a consent to non-participation in privatization and signs it with his own hand.
The municipal employee accepting the papers puts a certification signature, confirming that the citizen signed personally and expressed his true will.
The document compiled in this way is attached to the main package.

Privatize the share for yourself.
After privatization is completed, draw up a deed of gift, which will allow the share to be transferred from a citizen to a specific person (relative or stranger).
Register the right of the donee (Rosreestr, EGRN).