Last modified: October 2021
Some citizens seek to privatize housing in order to be able to manage it, others are looking for options to abandon privatized property due to various circumstances. The procedure for returning property to the municipality is called deprivatization of the apartment. There are two options for deprivatizing an apartment - voluntarily and compulsorily.
It is not always possible to return an apartment to the municipal fund. The law requires certain circumstances to be met in order to safely relinquish property.
Why is deprivatization necessary?
In the life of every person, a situation may arise when it is necessary to deprivatize an apartment. The reasons for this may be different, but we will highlight the most popular:
- reluctance to burden yourself with repair work;
- voluntary desire to transfer the apartment into municipal ownership;
- documents proving that living in this apartment is difficult due to poor conditions;
- reluctance to pay for housing and communal services.
After privatization, the state assumes responsibility for paying utility bills.
These are not all the reasons that force residents to resort to deprivatization. For example, there may be a need to deprivatize a share in an apartment in favor of another owner, or the rights of a child under 18 have been violated (if the guardianship authorities did not consent to privatization). Most often, the procedure is forced, which cannot be said about deprivatization.
Note! There is also such a term as deprivatization, which is often confused with the deprivatization of housing. By design, they are similar, but deprivatization allows persons who have applied for deprivatization to continue to live in this apartment; in addition, registration occurs quickly, and it is characterized by simplified conditions.
Municipal authorities undertake to consider the application for acceptance of living space, guided by Article 20 of Federal Law No. 189, which states: “Citizens who have privatized housing have the right to transfer it into the ownership of the municipality or the state, and executive bodies are obliged to accept it as ownership.”
Where should you start?
If you decide to deprivatize an apartment, you need to start with preparing documents. At the first stage, you must have on hand: a privatization agreement, a technical passport of the apartment, including an explanation and an extract from your personal account. Next, the application for deprivatization with attached documents is sent through the MFC to the city housing department or to the local administration. The subsequent algorithm of actions and the timing of consideration of the application are determined by local regulations for the provision of the specified municipal service.
As stated above, local governments have the right to establish separate rules for the deprivatization of housing stock on their territories (Article 9.1 of the Law “On the Privatization of Housing Stock in the Russian Federation”). These regulations may contain not only the timing and procedure for making a decision, but also additional grounds for deprivatization of residential premises. In this regard, before sending an application, it will be necessary to familiarize yourself with the procedure and conditions of this procedure, including the procedure for the subsequent conclusion of a social tenancy agreement.
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Judicial practice: in what cases deprivatization will not happen
There are many situations encountered in judicial practice. At first glance, it may seem that privatization is a simple procedure, and deprivatization can be done if desired, but this is not so. There are cases when transferring an apartment to the state is impossible. What can prevent this?
- Condition of the house. If the building where the apartment is located is in poor condition, the deprivatization procedure is unlikely to go well.
- Boarding house. If the housing is in a boarding house, it cannot be deprivatized.
- Not possible for legal reasons. If the apartment is under arrest or the loan has not yet been paid for it, it is not possible to return it to the state. First, you need to resolve all legal issues.
- Utility debts. You shouldn't go to court if you have accumulated unpaid rent receipts.
- The apartment is yours, but not entirely yours. If the apartment was inherited, it also cannot be deprivatized.
- Staff only. Another law states that an apartment cannot become the property of the state if it is an office premises.
- The apartment is for a military man. No one has the right to take away an apartment from the owner if it belongs to a military fund.
- Flexible housing. The apartment was provided to the tenant from the state fund.
Note! For deprivatization to be successful, the owner must first remove all restrictions from the property. For example, if property is seized, the first thing you need to do is pay off the debt and then the restriction will be lifted.
Innovations in 2021
At the moment, deprivatization of housing is possible only until March 1, 2021, as is the privatization of housing itself.
But don’t be alarmed, the State Duma of the Russian Federation is currently considering two bills “on the deprivatization of housing” in the Russian Federation. The first is from Elena Nikolaeva (United Russia party), the second is from Galina Khovanskaya (A Just Russia party).
One of the bills will be adopted, and the deprivatization process in the new year will be regulated by its own law, and not by the Civil Code of the Russian Federation. It is planned that the adopted bill will come into force on January 1, 2021, and according to the latest legislative changes, privatization is possible only until March 1, 2021. Naturally, if privatization is not extended again in the new year.
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Deprivatization of an apartment through the court: conditions
The deprivatization of apartments is carried out by the Department of Housing Policy in the administration of the district/district/locality. After all the documents have been collected, you next need to go to the district court. You must have with you the passports of all owners of the apartment, documents establishing ownership, the consent of all property owners (their appearance) is required, and if the apartment is inhabited by incapacitated people or teenagers under 18 years of age, their consent is also taken into account.
Deprivatization of an apartment is possible only if it has been privatized - this is required for filing an application. In order to avoid problems with the transfer of housing, a number of conditions must be met: all owners must have only this one housing, no fines, arrests, etc. should be imposed on it. In addition, all participants in the process must agree to deprivatization. It is also very important that the apartment is in the same form in which the residents received it, that is, without redevelopment.
Grounds for invalidating a contract
A privatization agreement may be declared invalid if it was:
- concluded by an incapacitated person;
- concluded in violation of law and morality;
- concluded by a minor citizen without the consent of guardians or parents;
- signed by a person who was misled;
- imprisoned under the influence of threats and psychological pressure;
- concluded fraudulently in order to obtain benefits from a person interested in the transaction.
Reference. The general grounds are described in Art. 168, 169, 171, 176, 177, 178, 179 of the Civil Code of the Russian Federation. The nullity of the agreement is proven in court.
The privatization agreement is a voidable transaction.
How to deprivatize or deprivatize a share in an apartment
A person who wants to part with his real estate in favor of the state must choose a specific method of alienation - through the court or through the management of the housing stock. In each of these cases, the procedure will have its own characteristics.
Voluntary deprivatization through the housing stock
The owner of a share can voluntarily give up his property in favor of the municipality only if the other co-owners provide written consent .
It is impossible to deprivatize or partially deprivatize an apartment - the owners must withdraw from owning their shares together, in the same composition in which the privatization procedure was previously carried out. If any co-owner dies or refuses to carry out deprivatization, it will not be possible to carry out it.
The only exception is the share that corresponds to an isolated room and specifically allocated square meters in a communal apartment . You can try to deprivatize this living space in favor of the state, even if the other co-owners do not give their approval.
What is this procedure used for?
Deprivatization can take place on a voluntary basis or compulsorily, through the courts.
Initially, it was assumed that the right to deprivatization would be used by vulnerable, unprotected sections of the population in need of financial support. Thus, they were exempted from utility bills, contributions for major repairs and other expenses. But over time, the procedure gained popularity among wealthy citizens.
Also, previously the authorities planned that deprivatization would be in effect until 2021. But then the program was extended.
The initiators of deprivatization are apartment owners. They are driven by personal, economic interests. Usually they do not want to pay high taxes and do not have the financial resources. In addition, the mandatory contribution to the property increases every year. Not all taxpayers are provided with tax benefits.
Duration and cost of the procedure
If deprivatization is carried out on a voluntary basis, then the owners have the right to organize the procedure at any convenient time. There is no charge for this.
In case of judicial deprivatization, the statute of limitations applies. It is 36 months. During the 3-year period, a person can initiate legal proceedings and restore rights. The period begins to count from the moment the person discovered (or should have discovered) a violation of his property rights.
The duration of the case in court is 3-6 months. This period may increase.
The state fee is 300 rubles. Also, the plaintiff may be faced with the need to pay for legal services, drawing up a notarized power of attorney for his legal representative. It is recommended that the claim reflect the fact that the applicant intends to recover legal costs from the defendant.
Pros and cons of deprivatization for a homeowner, when it is profitable
Like many processes approved at the highest state level, the deprivatization of apartments brings with it both positive and negative aspects.
Until now, experts are not sure of the feasibility of this procedure, since the rights and interests of owners have not yet been properly protected. Only after the adoption of an official law on deprivatization can we talk about the specific advantages and disadvantages of the procedure.
So far, analysts are paying attention to the following advantages of the deprivatization process:
- Reduced housing maintenance costs. According to the law, owners bear full responsibility for the repair and maintenance of their living space. If deprivatization is carried out, they will be relieved of these responsibilities, and there will be a reduction in the economic burden on the user's budget. And all expenses will fall on the state authority.
- Possibility of obtaining an apartment with a larger area. The state implements many programs to provide housing to its citizens. Social housing is provided based on the number of family members. After deprivatization, a family has the right to apply for an apartment with a larger area if it meets the conditions of the state program.
- Protection from illegal encroachment on housing. This parameter is especially important for elderly citizens who have no relatives. They often become victims of scammers and lose their home. The deprivatization carried out will relieve them of this problem.
In addition to the positive characteristics, it is also necessary to mention the disadvantages of the program:
- re-privatization is impossible, since this right can be exercised only once in a lifetime;
- social housing cannot act as collateral, which will deprive the user of the opportunity to receive a large loan amount;
- Loss of property rights entails a ban on free disposal of housing. It cannot be donated or sold, or quickly rented out.
