Is it possible to deprivatize an apartment in a dilapidated building: deprivatization of dilapidated housing

How to deprivatize an apartment if the previously completed transfer of state property has become unprofitable? The law establishes such a possibility and prescribes the procedure for the necessary steps.

Citizens have the right to return the apartment to the municipality and enter into a social rental agreement. Sometimes deprivatization will have to be carried out by court decision.

In any case, the deprivatization of an apartment is carried out only once; you will not be able to change your mind a second time and become the owner.

What is deprivatization (deprivatization)

By now, the process of returning property to the state has ceased to be an exception to the rule. This concept is not in the legal literature and legal regulations, but the essence of the process is as follows:

• deprivatization - voluntary return to the legal owner;
• deprivatization - return of real estate in court in case of identified violations.

In principle, there are no differences in concepts; both actions mean a scheme: receipt and subsequent return of a property. The reasons may be different: disagreements in the family, unwillingness to pay high utility bills, or carry out major repairs. Residents of the emergency fund go through the reverse procedure in order to receive living space as a result of demolition at better, more favorable standards.

After the deprivatization of an apartment, residents lose the opportunity to manage their housing and become tenants again. A social rental agreement is concluded with the responsible tenant, people remain registered in the same place. Deprivatization is carried out under the following conditions:

• the owner who has the right to establish documents can express his desire;
• if there is shared ownership, all citizens must express consent;
• the presence of minors and incapacitated citizens among the owners requires coordination with the guardianship authorities.

The decision to return the apartment to the state is made collectively; all owners must agree with such a decision. The lack of consent from even one of the owners does not allow the apartment to be deprivatized.

Law on deprivatization of apartments

The issue was considered at a parliamentary session last year, when deputies listened to a report on the topic. Pensioners and poor citizens are increasingly turning to local authorities with the issue of reverse privatization. People find it difficult to pay utility costs, which are equal to half of their low income. The project caused a lot of controversy and concerns about the infringement of the interests of citizens and the emergence of fraudulent schemes in the real estate market.

At the meeting, the issue of the possibility of a massive return of housing to the former state owner was discussed. There were suggestions of abuses by the local government and the inability to control the results of citizens’ actions.

The law should come into effect in 2018, but the draft has been sent for revision. At present, the provisions on the deprivatization of living space have not been worked out legislatively, although the possibility of renouncing the right of ownership exists.

In practice, you can refuse housing through the court, after which the decision becomes the basis for starting the procedure.

Pros and cons of apartment deprivatization

Deprivatization can be started for various reasons; there are positive and negative sides.

Advantages of deprivatization:

• you will not be required to pay an annual property tax. Recently, the tax has been levied based on the cadastral value, which results in a significant amount. Compared to previous assessments, taxation requires the repayment of thousands of rubles. Cadastral data can only be challenged in court, which is resorted to in extreme cases;
• no need to pay for major repairs or maintenance of common house premises;
• in case of unforeseen situations, fire or flood, the municipality must provide living space;
• By occupying social housing, you can qualify for improved living conditions.

Legal protection for single occupants is important. Privatized housing can become a bait for scammers, scammers will not be able to encroach on the social area, and nothing threatens the lives of pensioners.

Disadvantages of deprivatization:

• you cannot become participants in the privatization program a second time;
• no legal real estate transactions are required;
• Coordination with municipal services will be required when subleasing living space;
• Social housing cannot become collateral in credit procedures.

Having become the owner, each citizen personally assesses the situation and weighs the reasons for returning the object to the state.

Rights to housing after deprivatization of an apartment

The citizen submits a certificate of ownership and enters into an agreement with the administration on the rental of social housing. After privatization, there will be no need to vacate the occupied living space. The responsible tenant and his family remain in the same place and their registration is retained. The rights of the family are regulated by the contract, the rights and obligations specified in it.

Basic rights of citizens after deprivatization:

• the lifelong right of all former owners to reside in this area;
• arrange a sublease after official approval from the municipality;
• You cannot dispose of the real estate, but you can register family members for the area.

The relationship between the administration and tenants is regulated by the Housing Code of the Russian Federation and the provisions of the housing department of the municipality.

The procedure for deprivatization of residential premises

To begin deprivatization, you will need to pay attention to obtaining the consent of all apartment owners. Consent is certified by a notary; the presence of one refusenik will not allow participation in the deprivatization of the object. After obtaining consent, you must consider:

• interests of children and incapacitated citizens, guardianship permission is required;
• deprivatization is beneficial to all residents and is carried out without pressure, voluntarily.

After resolving the initial issues, receiving notarial waivers and permissions from the guardianship, you can begin deprivatization.

1. Documents and certificates are collected, an application is written to the housing commission on the issue of deprivatization. As a rule, citizens are sent to court to resolve the dispute.
2. A claim is filed and a trial is opened, a positive decision is submitted to Rosreestr. The defendant is the municipality, the decision obliges the object to be accepted for balance within 2 months.
3. Officials are required to re-register the property in a unified register and conclude a social tenancy agreement with residents.

The process is considered a mandatory but formal procedure. Judicial practice on the return of property is positive for plaintiffs; refusal is issued in extreme and seriously justified situations.

The grounds for refusal may be:

• the presence of an illegal layout. The completed repair actions included in the list must be legalized, changes made to the cadastral passport;
• lack of consent of all property owners;
• having children will require significant explanation and effort;
• debt on utility bills;
• inheritance of one share will never allow deprivatization.

You can remove yourself from the status of owner only after privatization, and not other legal transactions.

How can you deprivatize an apartment?

You must first pay your debts and obtain a certificate of full payment of utility bills. You can go through the review quickly and without problems by contacting the housing commission. The trial will delay deprivatization for 2 months and will require monetary costs. The apartment must not be under arrest, not act as collateral in credit relations and not be a disputed property.

Contacting the municipality will clarify the specific situation and subsequent actions. The administration reluctantly agrees to return problematic housing, in emergency and dilapidated stock, to the balance sheet.

Don’t be afraid of the lawsuit; the representative of the municipal service will not have any serious arguments for refusal.

The tenant’s argument is the inability to pay the owner’s obligations and the reluctance to accumulate debts and pay arrears.

Apart from two ways: the administration and the court, there are no methods to abandon the government program and return the property to the legal owner. Difficulties are possible with specific features, since there are no legally prescribed rules.

Without the owner's consent

Forced deprivatization is possible without the consent of the owner. The main reason may be procedural violations identified during privatization. The decision is made by the court, the plaintiff is an interested person whose interests were neglected during the primary procedure. For example, a notarized waiver of participation in the program was not provided.

The draft new law considers the possibility of forced deprivatization if a person is recognized as poor according to certain criteria. In such a situation, the state assumes responsibility for maintaining the property, and the tenant receives the right to lifelong use under the social rental option. This is a controversial point that required additional elaboration by legislators.

With a minor

The return of real estate, the joint or sole owner of which is a child, is almost impossible. The state protects the interests of minors, the dispute is resolved exclusively in court.

An official from the guardianship and trusteeship authority testifies at the trial and explains the permissive/prohibitive position of his authority.

The plaintiff will have to prove that the child’s rights are not affected and he benefits from the upcoming operation.

Deprivatization of a share in an apartment

It is impossible to transfer part of a property to a state fund; only a complete transfer is permissible.

If we are talking about a room in a communal apartment, then the owner can dispose of it without agreement with the owners of other rooms.

Having a personal certificate of ownership, you can apply to the municipality with a request to deprivatize the room. It is not provided for by law to privatize or return a separate share to the state.

Deprivatization of an apartment through the court

Before filing a claim with the municipality in court, it is recommended to carry out pre-trial work.

The settlement administration must have a housing commission, which is responsible for privatization issues. The petition is submitted in writing and is given 30 days to wait for a response.

Once permission is received, the procedure must be continued; the refusal can be appealed in court.

This legal act is submitted to the housing department, and on the basis of which the property acquires state status. A new contract is drawn up with the plaintiff, granting the right of lifelong residence.

Registration in the apartment is completed if it was not there in the previous period.

You can go to court if a dispute exists between shared owners of an apartment. The refusal of one of the residents to deprivatize can also be appealed in court if there are grounds for filing a claim.

In case of disagreement with the court ruling, the disputants can appeal to a higher court.

You can file an appeal before the decision comes into force, that is, within a month after the final meeting.

If people have realized that it is more profitable for them to live in social housing, then they can entrust the case to an experienced lawyer. In case of a complex and ambiguous situation, legal assistance is in great demand.

Required package of documents

When starting the procedure, you should prepare a package of documents:

• standard statement;
• passports of all owners;
• law establishing documents;
• USRN extract;
• BTI registration certificate;
• certificate of family composition.

Residents can issue a power of attorney for one of them with the right to collect information and go through the necessary steps. The legal representative may be a lawyer or a third party with authority.

Difficulties and nuances during the procedure

Housing that has been assigned the status of emergency dilapidated housing is not subject to deprivatization. It is prohibited to register additional residents in emergency living space.

There are many controversial issues regarding departmental real estate, and legal disputes between the administration, department and people last for years.

Often an obstacle is illegal redevelopment, which will first have to be legalized. An administrative fine is paid and the legality of the retroactive redevelopment is decided in court. It is difficult to resolve the issue if there are children among the owners or one owner refuses to participate in the deprivatization of the common living space.

What is deprivatization

How to deprivatize an apartment, causes and consequences

For many years, citizens have considered it necessary to privatize their homes. The early 2000s saw a massive wave of housing privatization, which has recently begun to decline. It may seem absurd to many readers to give up ownership of real estate, but there is definitely some common sense in deprivatization.

Deprivatization is the transfer of property from private hands to the ownership of municipalities or the state. It can be committed voluntarily on the initiative of a citizen or as a result of recognition of privatization as illegal.

What are the reasons why citizens are increasingly deciding to undergo this procedure?

1. Increased tax burden on the population. Tax legislation is currently undergoing major changes.
   The real estate tax rate is now calculated based on the cadastral value of the property, which is as close as possible to the market value, and is often inflated several times. Citizens can challenge it , but in practice such statements and claims are subject to satisfaction in exceptional cases. Residents of central Russia especially suffer from inflated taxes.
2. Citizens living in an apartment on the basis of a social tenancy agreement are exempt from paying contributions for major home repairs.
   This is quite logical. After all, the burden of maintaining the property lies solely with the owner. And in the context of increasing contributions for capital repairs and decreasing real incomes of the population, for some citizens this is a real salvation from unnecessary expenses. Contributions for such residents are paid by the municipality.
3. Sometimes utility bills for citizens living in an apartment under a social rental agreement are lower than for apartment owners.
4. Deprivatization will allow citizens to improve their living conditions. When the state began to implement programs to demolish dilapidated housing, many citizens used reprivatization in order to obtain larger housing as a result of resettlement.
   In accordance with the norms of Russian housing legislation, if your housing is considered dilapidated or in disrepair, then, as a party to a social tenancy agreement, you can apply for an apartment whose area is calculated according to the norm of 18 sq.m.
   per resident. In this case, it absolutely does not matter what the area of ​​​​the old apartment was. But apartment owners will not be able to improve their living conditions in this order. They are entitled to an apartment of the same size.
5. The owner bears much greater responsibility than a person living in an apartment under a social tenancy agreement. People voluntarily agree to the alienation of real estate from private property when it becomes too heavy a burden for them.
6. Housing that is in municipal ownership cannot be the subject of contracts of sale, exchange, donation, or will. With such housing it is more difficult to carry out any fraudulent mechanisms.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 110-89-42. It's fast and free!

Is it possible to deprivatize an apartment?

According to current legislation, it is possible to deprivatize any property that is privately owned by citizens. This could be an apartment as well.

Is it possible to deprivatize an apartment in a dilapidated building?

With the beginning of privatization, the majority of Russians took advantage of the right to own housing. Time has shown that along with the benefits, such a right also brings problems. Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• Housing in a dilapidated building can be privatized
• Deprivatization of housing
• Is it possible to deprivatize an apartment in a dilapidated building?
• 5 reasons to deprivatize an apartment
• Emergency housing
• How to deprivatize an apartment in 2023?
• Deprivatization: what housing can be transferred to the state and how to do it
• 5 reasons to deprivatize an apartment

WATCH THE VIDEO ON THE TOPIC: Operation “Privatization”

Housing in a dilapidated building can be privatized

Please help me find the answer. Last year, the whole family of 4 people participated in the privatization of our home.

I was under 18 years old at that time, so I received my one-fourth share automatically.

My grandfather asked my mother to refuse in favor of my grandmother and he himself refused in her favor, telling my mother not to worry that my grandmother would then sign her three-quarters of the apartment to my mother.

In fact, a few years later, my grandmother agreed to sign only a will in my name. I didn’t want to talk about any gift deeds. It is impossible to come to an agreement with her.

The problem is that the grandmother has another daughter, who is a pensioner and who will most likely later claim her share in this apartment; she is not registered in it; she lives in her three-room apartment with her daughter, despite the fact that she verbally states that she has nothing No need. Plus, this daughter purposefully instills in her grandmother a sense of guilt, taking advantage of her dementia and insanity, that she left her nothing, thereby forcing her grandmother to collect for her the remains of her pension, and the pension is more than 25 thousand.

There are very strong fears that, also taking advantage of my grandmother’s deafness, blindness and insanity, this same daughter will force her to sign a document to re-register our apartment in her name. We want to do deprivatization either with subsequent privatization for my mother, or with privatization for my mother and me after the death of my 88-year-old grandmother. In fact, my mother was misled during privatization.

Grandmother promised one thing, but did another. I can confirm this fact as a witness, since I was present at these conversations and remember them. What can we expect in court? Article Every citizen has the right to acquire ownership free of charge, through privatization, of residential premises in the state and municipal housing stock for social use once.

My mother is against it, but I want to privatize my part, because I didn’t give consent in 2018, since I was underage, but out of stupidity my mother gave consent when I was 18 years old for deprivatization, but the law says that the right is preserved if privatization took place when the citizen was a minor.

Patients of the hospital named after. Alekseev and the Institute named after. If the treating doctors allow them to do so! Go there! Lawyers answer here. There is a concept of transferring property into state ownership.

You can participate in privatization again without any trial, since you previously participated in privatization as a minor. Hello, Minors cannot give any consent. You write that when you gave your consent, you were 18 years old.

This means you have reached the age of majority. In general, if you participated in privatization as a minor, then you can participate as an adult.

I wish you good luck and all the best! Question about deprivatization of an apartment. My parents live in a small village on the Bamovskaya highway. The village is not promising, it is not realistic to sell or change the apartment.

Parents want to deprivatize the apartment, which was privatized back in the 1990s.

The documents list all family members in equal shares. At the time of privatization, the children were minors. The village administration cannot clearly explain what documents are needed.

The village administration said that these powers of attorney were not suitable and others were needed.

They gave me a sample. When drawing up a power of attorney using this sample, the notary was very indignant, saying that a general one would be enough, but this sample is some kind of gag. Then they demanded a certificate stating that no one has housing in Russia.

Now the administration is refusing on the grounds that one of the children lives in another region and the housing is included in the mortgage there. Question: 1 what documents are needed for deprivatization? Privatization was carried out last year for me, my ex-husband and two daughters.

Last year, my daughters signed a deed of donation of their shares to me. A month ago, the city system received a notification that a social housing rental account had been opened for my ex-husband.

I found information on the Internet about the conditions of deprivatization: “If the housing is divided into shares, you need to obtain written approval from all other owners. The deprivatization procedure should be completed no later than 3 years from the time of privatization.

I didn't sign any documents. The ex-husband sees almost nothing and has difficulty walking.

This year I paid off all debts on the apartment and privatization. All the years, my daughters and I paid for three quarters of the apartment. Now one fourth is municipal property.

Questions: Was deprivatization carried out legally? If it’s legal, then can one of the strangers move into this share of the space if the ex-husband dies? Only the ex-husband is registered in the apartment. My parents took me in.

My daughters don't have apartments. What to do? Good afternoon.

Perhaps you are mistaken and incorrectly assess the situation. Request through the MFC an extract from the Unified State Register of Real Estate about the copyright holders and the main properties of the object - the apartment. From the Statement you will quickly and reliably find out the situation with the apartment.

After this, you can contact me with the Extract and documents. I will advise and help: ludmila-evt mail.

What's the best way to proceed? My son participated in privatization, or rather, they submitted an application, but have not received the documents yet, now he has decided to enter a military school to get housing, can we now apply for privatization?

Until you have signed the agreement and the documents have not been submitted to Rossreestr and the transfer of rights has been registered, you can refuse. Just go to the authority where you filled out the documents and write a statement refusing privatization. They want to recognize our house as unsafe this year. Although there is an act from the year in which the Interdepartmental Commission concluded that the house is to be demolished and the residents to be relocated.

During this time, almost all the residents, not hoping to relocate 7 out of 8 apartments, became apartment owners. Now, it means that representatives of the city administration told us that they are obliged to provide only residents of municipal apartments with free housing upon relocation, and you can get out of it as you want.

They insist on deprivatization, which is naturally not beneficial for us, since we can only participate in privatization once. And live your whole life in the mun. They didn’t even inform us that they had to buy our apartments at market value. Are they right? What should we do in this case to incur the least losses? Thanks in advance for your answer.

Good afternoon Owners of emergency residential premises must submit an application to the administration for the purchase of residential premises from them.

This is general information. If you have any questions or need help in preparing documents, you can contact me through private messages on this site.

During a personal consultation, it is possible to clarify the nuances of the current situation, which often play a major role in solving the problem. Relatives are forcing me over the phone to deprivatize my apartment, what should I do?

I am the owner and registered at a different address. A group 2 disabled person is registered there, lives and does not pay receipts. The homeowners' association filed a lawsuit against me to collect the debt. Filed an appeal.

Deprivatization of housing

Is it possible to privatize a room in a communal apartment? I have 2 minor children living with me. In accordance with paragraph. In accordance with paragraph. Considering that the cost per square meter of dilapidated housing is lower than the cost per square meter of new buildings, it follows that the redemption price is not enough to purchase a new apartment of similar size.

You can enter into an agreement on the allocation of shares in the ownership of an apartment in kind on the recognition of the private ownership rights of each of the two apartment owners to individual rooms in this apartment, register this agreement in RosReestr, and register the apartment as a communal one, there is a chance to get two one-room apartments for property rights;

Deprivatize the apartment and in accordance with Art.

A question on the topic “Is it possible to deprivatize an apartment in a dilapidated building” is asked by Tamara (Zheleznodorozhny). Lawyers ru gave 1 answer.

The employers' share must be paid by the municipality. The process of returning square meters to the state may vary. Deprivatization involves the voluntary transfer of square meters to the state.

Even the advantages of changing status have downsides. There are several restrictions that significantly limit the number of residents who can complete all procedures successfully.

The main conditions that must be met during deprivatization:. Source: WhereThisHouse.

5 reasons to deprivatize an apartment

When the state granted citizens the right to privatize residential real estate free of charge and under a simplified procedure, many citizens rushed to do so. Moreover, over time, privatization, in fact, acquired an indefinite nature - its official completion was postponed several times.

However, in recent years, a reverse trend has emerged - many owners would like to return the property to the previous owner. In this article, we will talk about what deprivatization is, what benefits the return of property provides, and how to deprivatize an apartment in a year.

Since the law in Russia allowed the free transfer of housing from state ownership to the ownership of citizens, many people have taken advantage of this right. However, later a reverse process was needed - deprivatization and deprivatization.

My grandfather asked my mother to refuse in favor of my grandmother and he himself refused in her favor, telling my mother not to worry that my grandmother would then sign her three-quarters of the apartment to my mother.

In fact, a few years later, my grandmother agreed to sign only a will in my name. I didn’t want to talk about any gift deeds.

How to deprivatize an apartment in 2023?

You can terminate the privatization agreement, only in the future those who participated in the privatization will no longer be able to exercise this right.

When resettling, you will be able to receive housing with a larger area if: you are registered as needing improved housing conditions, if the resettlement is not related to the disrepair of the house, and you are provided with housing to improve your living conditions.

If you privatize an apartment, it will become the property of the municipality and a social rental agreement will be concluded with you. Now we read the law. According to Art.

In cases provided for by federal law, such provided residential premises, with the written consent of citizens, may be located within the boundaries of another populated area of ​​a constituent entity of the Russian Federation, on the territory of which the previously occupied residential premises are located.

How to deprivatize an apartment in Russia this year? Location of the premises: In a service building or emergency building.

Not everyone liked private property, therefore, through trial and error, the legislator figured out how to help citizens return the right to an apartment to its original position, and the people dubbed this process deprivatization. What is deprivatization in the usual sense? This is the return of privatized housing to state ownership with the further conclusion of a social rental agreement for this housing.

5 reasons to deprivatize an apartment

• .
• .
• .

VIDEO ON THE TOPIC: Privatization prevented the exchange of dilapidated housing for new ones

Conditions for deprivatization of an apartment and whether it is worth registering

Table of contents:

Not everyone liked private property, therefore, through trial and error, the legislator figured out how to help citizens return the right to an apartment to its original position, and the people dubbed this process deprivatization.

What is deprivatization in the usual sense? This is the return of privatized housing to state ownership with the further conclusion of a social rental agreement for this housing.

But it is impossible to simply terminate the apartment privatization agreement, and therefore it is worth studying its conditions thoroughly.

Privatized housing can be deprivatized if it is the only place of residence, free from any obligations. Therefore, if an apartment is registered as collateral with a bank, then it will be free from the rights of third parties only after the loan debt to the bank is repaid. The story is similar with rent debts.

Deprivatization and deprivatization - what is the difference?

Lawyers also focus on two different ways of terminating the right of ownership of privatized living space - deprivatization and deprivatization.

Deprivatization invalidates the housing transfer agreement (by court decision). The Civil Code provides for such a possibility in case of violation of privatization rules, for example, when the rights of disabled people or minors are infringed. In this case, the right to the only privatization of housing for everyone is considered unrealized.

A fundamentally different way of transferring an apartment to the public housing stock is deprivatization, based on the absolute voluntariness of the owner of the residential premises.

After deprivatization, in contrast to deprivatization, the right to privatization is considered realized.

Reasons for refusing to privatize an apartment

1. There are few cases of refusal to register housing as property, but such a decision may play a role in the future. The most significant reason for the deprivatization of an apartment is housing that is located in a dilapidated building or in a building for demolition.

   In this case, the owner has the opportunity to receive a new living space, equal in size to the area of ​​the demolished apartment, and the social housing tenant receives an apartment according to completely different calculations - 18 square meters. m, which is registered in this area.

2. In such a situation, reasons arise for deprivatization of the apartment.

   If, before relocation, five tenants were registered in a small apartment, they will only benefit from this. When the owners have an apartment with a larger area than specified in the regulations, the owners lose precious square meters; in this case, it is advisable to privatize the apartment.

3. Another reason may be the high housing tax for low-income people, including the cost of maintaining the house and surrounding area. Those who live in social apartments benefit in this matter.
4. Security is also calculated from similar considerations when protecting against the actions of scammers.

   Sometimes ex-spouses use deprivatization if, after a divorce, they have to exchange apartments and move to non-privatized living space.

5. Well, and transferring the apartment by inheritance. If the owner lives in the apartment for hire, then he can simply register his heir (for example, a granddaughter).

   In a privatized apartment, when entering into an inheritance, there will certainly be problems with paying state duties and taxes, and entering into an inheritance. Unexpected heirs often arise.

Impossibility of privatization

• the house is already in disrepair, square meters can no longer be saved;
• An apartment is not subject to privatization if it is located on the territory of a closed military camp, and, therefore, military personnel are not threatened with privatization of the apartment;
• if the residential property is an office premises;
• living quarters in boarding houses;
• in a house classified as flexible housing ─ a specialized fund, which is intended for the temporary stay of certain categories of residents.

The principle of returning the apartment

If the decision on deprivatization (deprivatization) is final, it is necessary to prepare documents and check the apartment for compliance with the requirements of the authorities:

Reasons for refusal to deprivatize:

• encumbrances (rights of third parties) on privatized housing (as in the example with the bank);
• if any of the owners of the privatized apartment has other housing;
• moving into a privatized apartment of tenants who were not registered before its privatization (type of encumbrance);
• if, in a flight of fancy, they remodeled the apartment and did not have time to approve it in the BTI, then instead of deprivatization there may be a fine;
• if one of the owners left the privatized apartment (including due to death);
• disagreement with the deprivatization of at least one owner;
• if there is no permission for alienation from the guardianship and trusteeship authorities (if there is a minor owner or a disabled person);
• outdated or falsified documents when registering deprivatization.

In general, if even a letter has changed in the documents for a privatized apartment, you can forget about deprivatization.

How does the process of deprivatization occur?

To deprivatize his apartment, its owner must submit an application signed by all co-owners to the Office of the Moscow Housing Department, his administrative district.

The application must be accompanied by a package of documents:

• original documents establishing ownership;
• a document confirming the absence of encumbrances on the apartment;
• registration certificate (validity of the document is up to one year);
• registration certificate or extract from the house register (use within a month);
• photocopies of identity cards;
• a copy of the financial personal account (valid for one month);
• receipt of payment of the registration fee.

The right to privatize housing is granted only once in a lifetime. The exception is the deprivatization of an apartment with a minor child. Therefore, only children have the right to re-privatize an apartment after deprivatization. Everyone else plays privatization once.

The provision on returning the apartment to the state has so many pitfalls that the decision to trust professional lawyers when preparing documents is completely justified. The cost of the service is on average 25 thousand rubles, consultation – one thousand rubles per hour.

How does deprivatization benefit the authorities?

In this way, city authorities have the opportunity to return housing previously removed from it to municipal ownership.

Deprivatization of an apartment free of charge (if we talk about the cost) turns the housing into city property; in the event of the death or relocation of the tenant to another place of residence, the released square meters can again be provided to those on the waiting list. We can say that the deprivatization of housing automatically replenishes the urban housing stock.

However, this procedure, in turn, has its own limitations and validity period. If transactions were concluded with the apartment, if it was inherited or the housing was purchased, then such an apartment is not subject to deprivatization. Deprivatization of housing is possible only in the case of personal privatization of housing.

In other words: deprivatization of an apartment means that what you receive from the city is what you return to it. And now you live in the same housing, but on social rental terms. This means that deprivatization takes away from the tenant the opportunity to sell, give or inherit housing that was his private property. Deprivatization of housing, in addition, does not provide a second chance to privatize the same apartment.

Moreover, if the apartment is the property of several persons, then its deprivatization is possible only with a joint decision of all its owners. Sometimes guardianship and trusteeship authorities also take part in this issue.

Until 2006, deprivatization of apartments was allowed only to low-income residents. Today, the law has been amended to remove this restriction.

And yet, a very small number of homeowners can use this opportunity, because in Moscow a third of all apartments have already participated in some kind of transaction and, therefore, their deprivatization is no longer possible.

Local authorities can also initiate the termination of a privatization agreement in cases where the owners use the housing for other purposes.

Deprivatization of the apartment solves all these issues. And it is clear that pensioners, currently exempt from paying some taxes, will still pay them.

The deprivatization of the apartment was carried out by owners who had a desire to save on housing taxes; for these people, the deprivatization of housing is simply necessary!

Having succumbed to the widespread free registration of apartments as property, some tenants now regret it, remembering the proverb “measure seven times.”

The procedure for transferring rights to an apartment after death has changed, since after privatization unwanted heirs may appear.

Registration of donation agreements and wills requires the payment of taxes, instead of simply registering the heir in the living space. Deprivatization is designed to solve these problems.

Is it possible to deprivatize an apartment in a dilapidated building?

Thus, an extract from the house register is valid for about two months, a certificate of absence of encumbrances is valid for a week, and a floor plan and explication are valid for a year. Procedure The step-by-step deprivatization scheme is as follows:

1. Preparation of the necessary documents, including obtaining the consent of other co-owners and powers of attorney from them, if the procedure is carried out by one owner.
2. Submission of collected papers to the housing policy department of the municipality.
3. Waiting for the commission's decision.
4. If the answer is positive, re-registration of property rights in favor of the state.
5. If deprivatization is refused, file a claim in court.

In some cases, it is even more beneficial for a citizen to resolve the issue in court. Of course, the procedure is significantly delayed.

Housing consultations How to deprivatize an apartment, causes and consequences Contents:

• Is it possible to deprivatize an apartment? ⇩
• Where can I deprivatize an apartment? ⇩
• Required documents ⇩
• Ways to deprivatize an apartment ⇩
• Deprivatization through the courts - subtleties ⇩
• Is it possible to deprivatize a share in an apartment? ⇩
• Is it possible to deprivatize an apartment with a child? ⇩
• Is it possible to deprivatize an apartment in a dilapidated building? ⇩
• Consequences of voluntary deprivatization ⇩
• Conclusion ⇩
• Ask a lawyer a question free consultation v

For many years, citizens have considered it necessary to privatize their homes.

After registering the transaction, a social tenancy agreement is signed between the municipality and the former owner and persons living in the apartment.

IMPORTANT! If one of them is registered at a different address, he loses not only the right of ownership, but also the right to continue living in this apartment.

What is the price?

The cost of the deprivatization procedure consists of paying a state duty, the amount of which is 350 rubles . It is also possible that other financial costs may arise for obtaining individual certificates. The exact cost of the procedure should be clarified with the municipality.

Possible difficulties

Given the lack of clear guidelines in the legislation, the deprivatization procedure has many controversial issues.

Most often, problems when transferring real estate to the state arise in the following cases:

• housing is subject to demolition or is in disrepair;
• the apartment is located in a military town;
• unauthorized redevelopment, not documented.

Also, the process may become more complicated if one of the owners is not in the country or he has died.

Is it possible to privatize deprivatized residential space?

Re-privatization is possible only if the apartment was forcibly transferred to the authorities through the court. In such a situation, it is considered that the citizen has not used his right of free privatization (which is given once in a lifetime); accordingly, he can reclaim the alienated living space as his property.

For many years, citizens have considered it necessary to privatize their homes.

The early 2000s saw a massive wave of housing privatization, which has recently begun to decline.

It may seem absurd to many readers to give up ownership of real estate, but there is definitely some common sense in deprivatization.

What are the reasons why citizens are increasingly deciding to undergo this procedure?

1. Increased tax burden on the population. Tax legislation is currently undergoing major changes. The real estate tax rate is now calculated based on the cadastral value of the property, which is as close as possible to the market value, and is often inflated several times. Citizens can challenge it , but in practice such statements and claims are subject to satisfaction in exceptional cases. Residents of central Russia especially suffer from inflated taxes.
2. Citizens living in an apartment on the basis of a social tenancy agreement are exempt from paying contributions for major home repairs. This is quite logical. After all, the burden of maintaining the property lies solely with the owner. And in the context of increasing contributions for capital repairs and decreasing real incomes of the population, for some citizens this is a real salvation from unnecessary expenses.

Attention

Overall a good house.

The documents that I indicated at the beginning

LAW of Moscow dated May 31, 2006 N 21 moscow elcode ru

Clarifications to the law (Resettlement due to demolition is not an improvement in living conditions!) www top-personal ru

Moscow Law of May 29, 2013 No. 28 “On amendments to certain laws of the city of Moscow in order to protect the housing rights of citizens” www garant ru

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 18, 2009.

Deprivatization (deprivatization) of an apartment

Since the law in Russia allowed the free transfer of housing from state ownership to the ownership of citizens, many people have taken advantage of this right. However, later a reverse process was needed - deprivatization (deprivatization).

There are two ways to return privatized housing to the state or municipality:

1. Voluntarily with the consent of all apartment owners and in the absence of a dispute.
2. By a court decision in the case where there is a dispute and someone’s rights are violated.

To carry out deprivatization in the first case, it is necessary not only the consent of all home owners, but also the absence of encumbrances on the apartment registered in Rosreestr and debt obligations.

The reasons for deprivatization (deprivatization), as a rule, are financial in nature, which include:

• constantly growing taxes;
• rent;
• other obligatory payments.

To date, the procedure for deprivatization of housing is not fully regulated by law and does not contain specific provisions.

In 2015, a bill was introduced into the State Duma of the Russian Federation providing for the deprivatization of apartments for low-income citizens. It was planned that if adopted, this law would come into force on January 1, 2017 and the rules established by law would apply to this procedure.

What is deprivatization and deprivatization of housing

to refuse a privatized apartment , namely to return it to state or municipal ownership. This can be done both through deprivatization and through deprivatization. Many people combine these two concepts into one, but this is not true.

Deprivatization is a forced procedure for terminating a transaction. The court must declare the privatization transaction or agreement invalid.

In turn, deprivatization is a voluntary renunciation of private property in favor of the state or municipality. After which the former owners again acquire the status of tenants of the apartment (Article 9.1 of the Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation”).

Their main difference from each other is that:

• in the first case, the citizen is considered to have not used his right to privatize housing;
• and in the second, despite the fact that he returned the property, he used .

the consent of all owners (if there are several) to deprivatization must be achieved Otherwise, this method will not be possible.

During deprivatization, it is necessary to prove that during the privatization the citizen’s right to privatization was violated and the provisions of the law were not observed.

The grounds (reasons) for deprivatization include:

• property has been registered that cannot be privatized by law (for example, the house is in disrepair);
• the rights of the child have been violated (for example, a minor is not included in privatization, there is no consent of the guardianship authorities, etc.);
• one of the participants has previously used his right to privatization;
• the privatization agreement lacks essential conditions and other things.

Is it possible to deprivatize an apartment in 2017

Privatization in Russia is possible only until March 1, 2017 ; whether there will be a further extension is not yet known. Accordingly, the deprivatization procedure is envisaged no later than the same period.

It must be said that previously the legislation provided for the relinquishment of property only through the court. But recently, it has become possible to deprivatize housing by voluntarily abandoning it.

However, in order to deprivatize an apartment, certain conditions must be met:

1. The property must be free from obligations to third parties.

   This means that an apartment that is pledged or under arrest cannot be deprivatized.

   It is also possible to return the apartment to the state only after full repayment of utility bills.

2. The apartment must be the only home for a person. Deprivatization will be refused, even if the citizen pays the mortgage.
3. When voluntarily transferring an apartment to state or municipal ownership, all owners must agree . Otherwise, this can be done through the court, if there are grounds for it.

With a minor

In order to deprivatize a property where one of the owners is a minor, permission from the guardianship and trusteeship authorities is required. this is a prerequisite, since the rights of the child should not be infringed.

in this case, it is necessary to apply to the court with a statement of claim. it must justify the recognition of such a transaction as invalid and, referring to the rules of law, prove that the rights of the child .

without the owner's consent

the owner can voluntarily give up a privatized apartment . in this case, all homeowners must agree if it is registered as shared ownership. An application to the local administration is submitted on behalf of the owner.

otherwise, a person who believes that his rights have been violated during the privatization process may apply to the court to demand that the privatization be declared illegal .

in court it is necessary to defend your point of view, supporting it with appropriate evidence.

if one owner died

If one of the owners has died, then it is impossible . this is due to the fact that after the death of a person, his share will be included in the hereditary mass and will subsequently be inherited .

Thus, ownership of a share in an apartment arises as a result of inheritance, and not its privatization. Accordingly, such part of the privatized residential premises cannot be deprivatized . if the heir refuses the inheritance, it will become the property of the state or municipality.

The apartment that was previously privatized and only in its entirety is subject to deprivatization.

that is, if it was inherited or acquired as a result of any transaction, it cannot be given to the state.

how to refuse a privatized apartment

Until June 2006, it was possible to deprivatize an apartment only through the courts. But after the changes came into force, a simpler method was added - by contacting the housing department of the local administration . The second method can be used only if all the conditions for voluntary renunciation of property in favor of the state are met.

To formalize the renunciation of property in favor of the state ( deprivatization ) acquired through privatization, the following stages :

1. The owners must agree among themselves and come to a common opinion on the deprivatization of housing. If everyone agrees, then the process of collecting documents begins.
2. Applications and collected documents are submitted to the local administration body, where they are subject to consideration, the period of which is 2 months.
3. In case of a positive decision of the local administration body, an agreement on the transfer of the property into the ownership of the state or municipality.
4. Registration of property rights by the state in Rosreestr.
5. Concluding a social rental agreement with the former owner.

Deprivatization of the apartment will take a longer time. This method involves the following steps:

1. You also need to collect all the documents that need to be submitted to the court. This includes documents confirming the illegality of privatization.
2. Competently draw up a statement of claim. For these purposes, it is best to contact a lawyer.
3. Submit the claim and all attached documents to the court.
4. If the claim is filed in accordance with all the rules of civil procedure, it will be considered by the court and a decision will be made . If the claims are satisfied and the transaction is declared invalid, then this decision must be submitted to Rosreestr.

The statute of limitations (the time during which a citizen can go to court) for such cases is 3 years . The period begins from the moment the citizen learns of a violation of his right.

There are cases when deprivatization of a share in an apartment . As a rule, this happens if the shares were distributed incorrectly. The procedure for such deprivatization is identical to the deprivatization of an entire apartment through the court. After which a new privatization is carried out according to all the rules.

Documents for deprivatization

If a decision is made to deprivatize, then the following package of documents must be collected:

1. identification documents of all owners in originals and copies (passport and birth certificate, if the owner is a minor and under 14 years old), as well as a power of attorney if the citizen acts through a representative;
2. title document for the property - privatization agreement;
3. title document - a certificate of registration of rights, if the property was registered before July 15, 2016 , if later, then an extract from the Unified State Register is issued;
4. a certificate of absence of debt on utility bills (it is valid for 1-2 months, as a rule);
5. an extract from the house register about the persons registered in the apartment;
6. permission from the guardianship and trusteeship authorities to alienate the property if the owner is a minor;
7. technical passport of the premises - confirms that there are no illegal redevelopments;

Depending on the regulatory requirements established by a particular region, other documents may be required.

After a complete package of documents has been prepared, you need to contact the local administration with a corresponding application . It must be signed by all owners who have a share in the apartment.

Further, the deprivatization procedure is similar to privatization, only in reverse order.

Statement of claim for deprivatization of an apartment

To carry out the deprivatization of residential premises, it is necessary to apply to the court with a statement of claim . As a rule, this cannot be done without the qualified assistance of a lawyer.

The claim must be filed in mandatory compliance with the rules of territorial jurisdiction , namely at the location of the property, otherwise the statement of claim will be refused.

The subject of the claim will be violations of the right to privatization (for example, a temporarily absent citizen is not included in privatization, etc.). In this case, the argument that a right has been violated must be supported by documentary and other evidence. In some cases, they may serve as testimony from witnesses .

It is imperative to refer to the norms of law by virtue of which such a right exists and which are violated due to illegal privatization.

Next, you need to clearly state your requirements . The court’s decision depends on the clear formulation and whether it can satisfy them (for example, recognize the privatization of an apartment (indicate its address) as invalid, etc.).

Next, you need to attach to the claim all the documents that were referenced. The same package of documents must be sent to all parties to the case.

The claim must be signed personally or by a representative by proxy.

Deprivatization for the poor in 2017

A bill aimed at deprivatizing housing in Russia was introduced into the State Duma This law is planned to come into force on January 1, 2017 .

It concerns low-income citizens . The law will help transfer an apartment into state ownership if a citizen fails to cope with the responsibility of maintaining it. This responsibility includes:

It should be noted that in recent years, housing maintenance has become increasingly expensive and not every person can cope with this burden.

Otherwise everything remains the same. If the property is shared, then the consent of all owners is required. If the owner is a minor , then the consent of the guardianship and trusteeship authorities is required.

After the apartment is transferred to the ownership of the state or municipality, the citizen remains to live in it, but only on the basis of a social tenancy agreement .

The legislator, therefore, wants to provide assistance to the poor and relieve them of the unbearable burden of maintaining their property.

The new law also provides for the forced deprivatization of low-income housing. That is, property can be lost in court. This is also due to the fact that laws regulating the category of low-income people are the responsibility of regional authorities. Each region may have its own rules for recognizing a citizen as low-income.

Consequences of deprivatization

In case of voluntary renunciation of property, a citizen does not have the right to re-privatize housing. It should be recalled that by law it is granted only once in a lifetime. An exception to this rule are those citizens who took part in privatization as minors. They have the right to privatize another home.

In the event of privatization of housing, a citizen, instead of the status of an owner, acquires the status of a tenant . This means that he cannot dispose of it (sell, exchange, rent, etc.), but can only live in it.

In the event of privatization of an apartment through the court, the citizen is considered to have not exercised the right to privatization and has the right to carry it out again in accordance with the law.

Conclusion

Before privatizing a residential property, you should weigh all the pros and cons. This is due to the fact that, upon becoming the owner of real estate, a citizen also acquires certain responsibilities, for example, regarding the maintenance of the property.

Maintaining real estate in Russia is quite expensive. Property taxes have increased, and utility bills are also constantly increasing. In addition, the owner is obliged to maintain common property and pay contributions for major repairs. For some citizens, maintaining real estate takes up more than half of their income.

Due to the fact that many are not able to bear such expenses, the procedure for deprivatization of housing is quite in demand. In this case, difficulties may arise if the apartment is in shared ownership.

In addition, the owner may be a child, and then the procedure for relinquishing property will be complicated by a lawsuit and obtaining permission from the guardianship and trusteeship authorities.

Only in court can the issue of invalidating privatization be decided if someone’s rights are violated. All this takes a lot of time and effort.

Is it possible to deprivatize the share?

How to deprivatize one of the shares of a privatized apartment in favor of another person?

In this situation, two options can be proposed to resolve the issue:

1. your share in the apartment can be transferred under a gift agreement;
2. apply to the local administration body with an application for deprivatization from all apartment owners.

However, in the second case, those citizens who voluntarily gave up their property cannot participate in privatization again, since they are considered to have used their right. Only if they were minors at that time do they have the right to take part in privatization again.