In recent years, there has been a tendency towards an increase in the number of people who want to cancel the privatization of their housing, essentially giving up ownership of real estate. What pushes them to do this, and why do they want to cancel the privatization of their apartments?
The editors of the online textbook APARTMENT-Bez-AGENTA.ru asked lawyer Natalya Veretenova on this topic.
The privatization of housing in the not-so-distant 90s of the last century was received with a bang by almost everyone! Of course, you could become the owner of an apartment without paying any money for it. In the offices where real estate was registered as ownership, there were huge queues of people wishing to become the legal owners of square meters.
But today the situation is such that some people, and there are quite a lot of them, want to cancel the privatization of their apartments . These are not empty words, but based on statistical data. Real estate experts believe that soon people will begin returning privatized apartments back to the state en masse.
It is obvious that citizens see some benefits for themselves in deprivatization.
They return the apartments to the state for two reasons. Let's look at them in more detail. How to prohibit any transactions with an apartment without your personal presence - see this note.
✅ Is it possible to cancel the privatization of an apartment?
Legally, privatization is not a final and irrevocable deal. By granting the right to transfer apartments into the ownership of citizens, the state retained their right to refuse the procedure. Moreover, citizens can suspend privatization at the stage of paperwork. But if the apartment has already been privatized, it can still be returned to the state: independently or through the court .
After privatization of housing, a person becomes its owner. He can freely dispose of his property up to its alienation (Clause 1, Article 209 of the Civil Code of the Russian Federation). True, if there are several apartment owners, they will have to come to an agreement and act together. It is impossible to cancel the privatization of only your share in the case of an apartment.
The right to cancel privatization is enshrined in Art. 9.1 of Federal Law No. 1541-1 “On Privatization...”, and here are the details:
- only participants in the procedure can terminate privatization;
- cancellation is available only once in a lifetime;
- children can refuse privatization only with the consent of the guardianship authority.
Thus, deprivatization in court is available to all participants in privatization. Actions must be voluntary, but not forced.
General points
Often the transfer of municipal property to private property occurs with the division of shares among relatives. Such housing is then more difficult to sell or rent out, and many people privatize the apartment in favor of their parents or other people, giving up their share.
Children under 18 years of age cannot refuse in favor of their father or mother , because the board of trustees will not give its consent to the deterioration of the child’s living conditions. The refusal of privatization can be carried out in favor of the parents, even if they are not registered in this living space.
Often they refuse a share to expand the area or if they want to receive additional government subsidies and benefits.
✅ In what cases?
Cancellation of the privatization of residential premises is the termination of the privatization agreement. The reasons for canceling a transaction can be very different, ranging from personal desire to a difficult financial situation.
Grounds for canceling the privatization of an apartment:
- the owner’s desire to part with the property;
- gross violations of the privatization process;
- unfair distribution of shares for privatized housing;
- ignoring the interests of one of the residents (for example, a child);
- participation in the privatization of an apartment again (see “How many times can you participate in privatization?”);
- detection of fraud in the signing of a housing privatization agreement;
- registration of an apartment using forged documents;
- recognition of one of the privatization participants as incapacitated (partially capable);
- violation of the technical condition of a residential property (illegal redevelopment).
Violations of the privatization process can only be challenged through the courts . At the same time, most cases of deprivatization are transferred to the jurisdiction of district courts. But there is an option for voluntary abolition of privatization.
Example: Pensioner Solovyova and her husband lived in a municipal apartment under a social tenancy agreement. Subsequently, the residents applied for privatization of housing and registered ownership of the apartment. 2 years later, Solovyova’s husband died. The woman was left alone, since the children had long grown up and lived in other cities. Solovyova’s pension was barely enough to pay annual taxes, utilities and major repairs. The woman decided to cancel the privatization and submitted documents to the local Housing Department. Reason: death of a spouse and difficult financial situation; inability to bear expenses for a privatized apartment. The application was considered and soon granted. The housing passed from Solovyova’s property back into the hands of the municipality. The pensioner entered into a rental agreement for an apartment and began to live in it under the same conditions. Housing costs have dropped significantly.
Legal consequences
If a transaction is declared illegal, legal consequences arise for all its participants. The transaction itself will not entail consequences. In this case, the apartment returns to municipal ownership, and the plaintiff has the opportunity to apply for participation in privatization. The court decision is used as the basis.
Thus, challenging the transaction allows you to restore your rights. But this requires compelling reasons and documentary evidence.
The video story will tell you in what cases you can challenge privatization
✅ How to cancel the privatization of an apartment
Exiting the privatization of an apartment is not so difficult. It is enough to provide compelling arguments and send a request to the government authority. If there are no obstacles, it will be possible to cancel the privatization without a trial. The presence of complications and disputes between residents requires challenge in court. Let's consider both options.
