Refusal to privatize an apartment: grounds, reasons - what to do?

For every person, a personal living space is a dream that can become a reality, but only if the appropriate actions are taken.

Thus, real estate can be purchased, inherited, or given as a gift.

Some citizens who do not have the opportunity to purchase living space, namely an apartment at its full cost, enter into a social rental agreement .

The administration provides such persons with housing from the municipal or state housing stock.

Of course, after several years, this housing can be purchased at a very attractive price through privatization. But some citizens are denied such a procedure, but for understandable reasons established by law.

You need to know in what cases a refusal to privatize an apartment may occur and try to protect yourself in advance from such incidents.

1. This method of obtaining property is very popular in our country, because not every citizen with the current level of prices and wages is able to purchase housing on their own.
2. But there are often pitfalls that you should pay attention to in advance.
3. Perhaps the fact that you miss the information in the early stages that you cannot privatize an apartment will play a cruel joke on you and you will waste your time.
4. Let's consider what could be the reasons for refusal to privatize an apartment.
5. State authorities refuse to privatize you for several reasons .

Firstly, if the apartment or other housing has already been privatized by someone , and the fact that you were moved into a still empty premises is a pure formality.

Secondly, privatization is not carried out in housing , which has a special status .

Also, privatization may not be carried out due to your behavior .

We will talk about all these reasons in more detail in the following paragraphs and tell you how you can try to avoid such misunderstandings.

There is such a concept in the housing code as the special status of housing. Of course, it can be used in both a good and bad way. Let's talk about statuses that directly affect the refusal to privatize an apartment (grounds for refusal).

A house in which one cannot live without harm to life or health acquires the status of an emergency condition

In this regard, citizens remain living under a social tenancy agreement in a dilapidated house, but they cannot privatize an apartment in it or in a new house.

It turns out to be a kind of injustice, but otherwise it may be contrary to the law.

The status of housing belonging to the department of some service also does not allow privatization. This category includes any official housing. It is impossible to privatize an apartment, because the housing stock is not under the department of the state, but under the department of a specific organization.

Also, you cannot privatize living space in a hostel . Unfortunately, such an action cannot be permitted by law.

Privatization is not carried out if the house is located in the department of social protection . Therefore, before preparing documents for the privatization procedure, carefully make sure that you live in a house that does not belong to a specific category.

What to do if you were illegally refused?

Very often, unscrupulous officials try to take over apartments from the housing stock, regardless of the fact that people live there under a rental agreement.

In order to understand that the refusal was illegal and not justified, you need to know your rights well, as well as cases in which privatization may not be carried out.

Ask to justify the position of refusal . When you receive an answer, consult with a lawyer , providing him with all the papers, or try to study the law on privatization yourself .

If it turns out that the refusal was illegal, you can go to court and attract representatives of the administration who refused you such an action.

Challenging a refusal to privatize is a very simple process. All you need is to make sure that you are in one way or another infringed on your rights.

To do this, you need to be well versed in the law, have the grounds for refusal in hand , and also contact a good lawyer. You can challenge the decision of the privatization commission without judicial intervention by simply writing a claim to them .

• In it, state in detail what exactly you disagree with and justify why.
• As a rule, if the administration representatives really made a mistake, at this stage their decision changes.
• If both you and the members of the commission decide to go all the way, then you need to write a statement of claim and, after paying the state fee, submit it to the court along with the necessary documents.
• Also read about whether it is possible to challenge the privatization of housing.

Don’t know what to do if your apartment is not privatized? You need to collect the correct package of documents . It should include:

1. A photocopy of your passport so that the court can establish your identity;
2. Lease agreement , according to which you lived in the apartment that you wanted to privatize;
3. Written refusal from the privatization commission;
4. Attach the paid state fee, or rather a receipt for its payment. As a rule, its amount is 300 rubles ;
5. Take a certificate from utility companies stating that you regularly pay debts on receipts;
6. Also take a certificate from the BTI .

If you have any other documents that would confirm the fact that you are applicants for privatization, please include them.

It is also necessary to draw up a statement of claim , in which you state the essence of the situation in clear, concise legal language, and also refer to the law that, in your opinion, was violated against you.

When writing a statement of claim, use the services of a lawyer or carefully study the writing sequence and form yourself .

After all, only a correctly drafted application according to all canons will be accepted by the court for consideration.

The grounds for refusal to privatize must be justified

Know your rights, because very often they are violated by other citizens.

The privatization process is not so complicated in its procedure, so if you face it in the future, spare no effort and study its main stages. The same goes for refusal.

1. You can learn more about the privatization process by reading articles on how you can privatize housing with debts, a cooperative apartment, a room in a communal apartment, municipal housing and a service apartment.
2. Only the right approach to business, as well as knowledge of our legislation, will help you to soon become the owner of your own living space.

Reasons and grounds for refusal to privatize an apartment. How to appeal it in court?

Refusal to privatize an apartment is a common occurrence in modern legal practice.

Despite the right to one-time free privatization of living space enshrined in law, not all citizens can register ownership of the apartments in which they live under social tenancy agreements.

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

Read on our website about who has the right to re-privatize residential premises, as well as how to carry out the process of deprivatization of an apartment. And also learn about how to privatize an apartment if the order is lost, and how to restore the agreement for transferring ownership of the apartment.

Reasons and reasons

What are the reasons for refusal to privatize an apartment? The Basic Law “On the privatization of housing stock...” No. 1541-1 was adopted by the Government of the Russian Federation on July 4, 1991.

During its operation it was edited several times , and is currently in effect as amended on October 16, 2012.

This document contains the basic rules for the procedure for transferring municipal housing into the ownership of citizens, and also lists the main reasons for refusal to complete the transaction .

The grounds for refusal to privatize residential premises are divided into three main groups.

Inconsistency of residential status

According to the law, the following types of real estate cannot be privatized:

1. Dorm rooms. A refusal may be obtained if the hostel is federal property. Only those premises that belong to municipalities can be privatized. If the former dormitory of an enterprise or educational institution is transferred to the balance of the municipality, then after that it becomes an apartment building, and residents have the opportunity to purchase rooms as their own freely.
2. Apartments in military camps . Most of the problems and controversial issues recently have been related to the registration of ownership of housing in military camps. Currently, many military settlements have been excluded from the list of closed ones. But until now, registration attempts are faced with the problem of lack of information about apartments in the BTI and the Unified Register of Real Estate Rights (read about the privatization of apartments for military personnel).
3. Apartments in emergency and dilapidated buildings . If the authorities have assigned the building an emergency status, it will be impossible to privatize the apartment located in it. However, the refusal can be appealed if the administration has assigned the emergency status to the house in words, but has not yet issued a resolution.

Refusal to register ownership of apartments in dilapidated buildings is illegal , since there is no ban on their privatization.

1. Service apartments. Such living space can be privatized only with the consent of the owner, that is, the enterprise on whose balance sheet it is. The difficulty in obtaining such consent can sometimes be associated with the need for the enterprise itself to obtain permission to transfer an apartment to an individual from the Federal Property Management Agency.

If an illegal redevelopment was carried out , for which the authorities did not give permission, the tenant will definitely be denied privatization.

In addition, you will have to pay a fine and return the apartment to its original appearance . Perhaps, after eliminating the violations, permission for privatization will still be obtained.

You can find out whether it is possible to privatize a cooperative apartment, a share in an apartment, as well as housing with debts on our website.

Reasons related to the personalities of the participants

According to the law, you can participate in the free privatization of housing once and voluntarily. Each citizen registered in the apartment must give his consent to register it as property . Children from 14 to 18 years old also give consent. For minors under 14 years of age, the share is allocated at the request of the parents.

Before drawing up an agreement, responsible persons check the facts of participation in the privatization of any of the applicants. If one of those registered has already privatized another residential property , he must write a statement of consent to privatization without his participation. In the absence of such paper, it will be impossible to conclude a transaction to transfer ownership of housing.

Is it possible to be refused privatization of an apartment due to a break in registration?

have had a long break in registration are often refused . The authorities refuse, citing the fact that, living in another place, they could privatize the living space there.

Privatization will also be refused if any of those registered do not give their consent to the procedure. This issue is especially relevant when registering ownership of rooms in communal apartments.

• While without his approval it will be impossible to privatize even your own square meters, because a communal apartment is a single living space .
• Special cases are situations where the transaction to transfer ownership of the premises is not completed due to the death of the applicant .
• The authorities try to refuse to finalize the procedure if the employer submitted an application for privatization, but did not have time to sign the contract and receive the Certificate.
• The refusal of local authorities in such cases is unlawful , since the apartment must be included in the inherited estate and its privatization must be completed (Decision of the Supreme Court No. 8).

Relatives in such a situation will have to act exclusively through the courts. Where it will be necessary to document the right to inheritance .

You can learn about how to achieve recognition of property rights through the court from our article.

Document mismatch

The reason for refusal in these cases is the inconsistency of the documents, errors in them or their absence .

If the privatization participants cannot submit a document. On the basis of which they live in this premises (warrant, rental agreement), the procedure will drag on indefinitely. The documents will need to be restored in the EIRTs or in organizations that at one time allocated apartments to residents.

Difficulties in this matter may arise for residents of “ownerless” houses. Often, apartment tenants are faced with the problem of being unable to obtain a document due to the fact that their house is not on the balance sheet of any organization.

When many enterprises are liquidated, the houses they owned must be transferred to municipalities. But it happens that the house “hangs in the air . And the documents for it are not prepared properly.

In such cases, you can privatize an apartment only through a court that recognizes your right in accordance with Federal Law 1541 Art. 18.

A refusal can also be obtained if the administration discovers any errors in the documents or suspects the employers of falsifying them. This obstacle can be overcome with the help of examination and correction of documents.

Often, authorities prevent the issuance of documents due to tenants having debts to pay utility bills . Such actions are unlawful, since in this case the administration must collect the payment debt through the court. She has no right to refuse privatization on this basis.

Contact the court

If local authorities refuse to register ownership of the apartment, you can try to resolve this issue through the court. What is the procedure for appealing a refusal to privatize a residential property?

The basis for appealing to the judicial authorities must be a written refusal . It will be the confirmation that you were unable to resolve the issue pre-trial.

The need to obtain this document is also important because the reason for the refusal will be the subject of the claim . That is, you will ask the court not to allow you to privatize, but to remove obstacles to its implementation.

Article 12 of the Civil Code of the Russian Federation regulates the procedure for going to court regarding the recognition of rights to privatize residential premises. If the subject of the claim is not an appeal against the actions of the administration, but recognition of your rights to it , then the time limit for filing a claim is not limited.

Civil Code of the Russian Federation Article 12. Methods of protecting civil rights
Protection of civil rights is carried out by:

• recognition of law;
• restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation;
• recognizing a voidable transaction as invalid and applying the consequences of its invalidity, applying the consequences of the invalidity of a void transaction;
• invalidation of the meeting's decision;
• invalidation of an act of a state body or local government body;
• self-defense rights;
• awards to perform duties in kind;
• compensation for losses;
• collection of penalties;
• compensation for moral damage;
• termination or change of legal relationship;
• non-application by the court of an act of a state body or local government body that contradicts the law;
• in other ways provided by law.

To file a claim, you must prepare a package of documents :

• document confirming the right to privatization;
• certificate of persons registered in the apartment;
• registered passports and birth certificates;
• a document confirming the administration’s refusal;
• receipt of payment of state duty.

The statement of claim must contain a description of the situation and the reasons why you were denied the contract.

The subject of the claim is determined precisely by these motives.

The application must contain the following items:

1. The name of the body to which the claim is being filed.
2. Information about the applicant.
3. Details of the organization whose actions you intend to appeal.
4. A list of facts that violate your rights, with links to the law.
5. Requirements for the court. Depending on the subject of the claim, this may be the cancellation of an unlawful refusal, recognition of property rights, or a requirement to oblige the administration to conclude an agreement.
6. List of attachments to the claim.

To avoid mistakes, you should file a claim with the support of an experienced lawyer, since an incorrectly drawn up document may cause the court to refuse to accept it.

According to the law, such cases are given two to three months to be considered in court. If the court decides in your favor, 10-15 days after the hearing you will receive a resolution with which you should contact the Housing Department or Rosreestr to register housing ownership . Having received a negative decision, you can appeal to higher judicial authorities.

Privatization of residential premises is a complex process that requires careful preparation. To avoid problems and avoid possible refusal to register property, consult qualified lawyers .

Reasons for refusing to privatize housing - main points

Privatization of a municipal or state real estate property is a frequent procedure. However, the owners of such housing do not always meet the tenants halfway. Refusal to privatization happens for various reasons. Let us consider in the article why re-registration of property rights may not be allowed and how you can appeal such a decision.

Reasons for refusal to privatize an apartment

The possibility of refusing privatization is provided for in Federal Law No. 1544-1 “On Privatization”. Re-registration of property rights may be prevented for various reasons. The refusal may even be caused by a banal reluctance to give the apartment into private ownership completely free of charge.

The decisions of municipal and state bodies are influenced by many nuances. For example, they may be refused due to a break in registration in a privatized living space, due to the inappropriate condition of the real estate, due to debt on utility payments, and so on.

The reasons for refusal can be divided into several groups. Let's look at each of them in more detail.

Residential status

In accordance with current legislation, the privatization of a real estate property is prohibited if it has the following status:

1. A dorm room if the building is owned by the state. Only premises owned by municipalities can be privatized. When the hostel is transferred to the balance of the municipality, it becomes an apartment building, and residents can freely re-register the room as their property.
2. Houses recognized as unsafe. Privatization of an apartment in buildings with this status is impossible. You can appeal a decision only if there is no official decision on the assignment of status yet.
3. Apartments located in closed military camps. It is important to take into account that many military camps have lost their closed status. However, refusals still occur due to the lack of this data in the BTI and Rosreestr.
4. Service housing. Privatization is possible only with the consent of the owner, that is, the organization that provided the property for residence. Difficulty may arise due to the need for an organization to obtain permission to transfer an object into private ownership.

Let's add an important clarification to this list. If the house is dilapidated, privatization cannot be refused by law. There is no direct ban on the re-registration of such objects in the law.

A common reason for refusal of privatization is illegal redevelopment. If there is one, the tenant cannot count on permission. The way out of the situation is to legalize the redevelopment or return the apartment to its original state. In addition, you will have to pay a fine. Only after solving the problem with redevelopment can we talk about the possibility of privatization.

Reasons for refusal related to privatization participants

According to the law, a citizen can exercise the right to free privatization of housing only once in his life. The exception is persons who exercised their right before reaching adulthood. After 18 years of age, they can once again participate in privatization.

Consent to registration of real estate ownership must be given by all citizens living in the living space who have reached the age of 14 years. If any of the registered persons are against it, privatization is impossible.

If one of the interested parties has already participated in the privatization of housing previously, he must express written consent to the re-registration without his participation in the right of common ownership. The absence of this document may result in refusal.

Another reason for refusal is a long break in permanent registration in privatized housing. The municipality or government authorities explain the refusal for this reason by saying that the citizen could take part in privatization at another place of residence.

However, such a refusal is unlawful if the property is not registered with the applicant and privatization has not been carried out. According to the legal requirements for the privatization procedure, the competent authorities are obliged to check individuals for participation in the re-registration of such housing.

A special situation arises if the applicant dies before signing the contract.

Accordingly, the procedure is stopped, and the municipality or state authorities try to deny final re-registration to the applicant's family members.

When faced with such a situation, the applicant's family members will have to assert their rights in court. To resolve the issue in their favor, it will be necessary to confirm the right to inherit the property of the deceased applicant.

Refusal due to incorrect documents

A common reason for refusal of privatization is the non-compliance of documents with legal requirements or the lack of necessary papers. For example, if the applicant cannot provide a document that is the basis for living in the occupied living space (order, social tenancy agreement), then the procedure will be significantly delayed.

In this case, the document must be restored in the organization or institution on whose balance sheet the house is listed. But even here difficulties may arise. There are often situations when multi-apartment housing is not listed on the balance sheet of any organization.

This can happen during the liquidation of a company. By law, such houses are transferred to the ownership of the municipality. However, documents often remain undocumented and the process of transferring ownership rights is delayed. Consequently, the house does not have an official owner, which means there is no one to issue permission for privatization.

A situation like this is grounds for going to court. The right to privatization will be recognized by a court decision made on the basis of Art. 18 Federal Law No. 1541.

If all the documents are available, but the municipality refuses privatization, then there may be two explanations for this:

1. Errors were found in the documents provided.
2. The authorities suspected the applicants of forgery.

Examination of documents or correction of mistakes will help eliminate this obstacle.

Refusal to privatize if there is debt

Special mention must be made of the refusal of government bodies to privatize if residents have debts to pay for utility services. Let's figure out how legal this is.

As a rule, a tenant, collecting documents for privatization, comes to the management company to receive extracts from the house register and personal account. If there is a debt, employees refuse to issue documents, explaining that privatization is impossible.

Such actions are illegal. A citizen has the right to receive the requested documents regardless of the presence or absence of debt. The management company is also obliged to issue them. Such actions by employees of the management company fall under Art. 19.1 Code of Administrative Offenses of the Russian Federation “Arbitrariness”.

However, in any case, the debt will have to be repaid, since timely payment of housing and communal services is the direct responsibility of the tenant under the social tenancy agreement and current legislation. If the debt is not paid, preventive measures may be taken against residents, including eviction from the occupied living space.

What to do if privatization is refused?

If you were denied privatization unlawfully and you can prove it, you need to go to court. And here you cannot do without an experienced lawyer, because you will have to sue the owner of the apartment (i.e., the municipality or the state), on whose side competent human rights activists will act.

However, before contacting a lawyer, you need to understand whether it is worth starting a lawsuit at all. In what cases is it possible to appeal a decision?

1. The house was recognized as unsafe only in words, but there are no documents confirming this status.
2. The house is a dormitory, but this is not documented.
3. The apartment is a service apartment, but the owner company has nothing against privatization.

If your situation fits the above, then you need to defend your rights. A competent lawyer will help with this; you can turn to us for help on our website.

How to appeal a refusal to privatize?

To appeal a refusal, you must file a claim with a district or city court of general jurisdiction. The basis for accepting a claim will be a written refusal of state or municipal authorities. The document must describe the reason for making such a decision.

The claim must contain the following information:

• full name of the court;
• plaintiff's details;
• defendant's details;
• basis for use of residential premises;
• date of filing the application for privatization;
• reason for refusal;
• claim to court;
• documentary annexes to the claim;
• date, signature with transcript.

The claim will need to be accompanied by a general passport, children’s birth certificate, social tenancy agreement, apartment warrant and other documents upon request that relate to the circumstances of the case.

We recommend that you consult with a lawyer before going to court. You can get free legal assistance on privatization issues on our website.

If we take into account practice, we can say that it almost always makes sense to fight for your rights and interests. After a court decision is made in your favor, you can re-submit documents for registration of ownership.

Now you know the grounds for refusal to privatize housing, which can be considered legitimate and which are not. If you are faced with an illegal refusal, do not be afraid to defend your rights in court.

Can they refuse to privatize an apartment and how can I challenge the refusal?

If you have been refused privatization of an apartment, you should find out what grounds and reasons there are for this. Further actions aimed at appealing the decision should be based on the information received. In the event of an unlawful refusal, it is permissible to challenge the decision by filing a claim with the judicial authorities.

Grounds for refusal

The basis for refusal to perform the procedure may be one or more reasons. In this case, the presence of inconsistencies with the terms of the transaction must be justified from a legal point of view and confirmed by relevant regulations.

Legal grounds for refusal to privatize an apartment:

1. The emergency condition of the house in which the living space is located. In this situation, it is necessary to have a resolution confirming the status of the home, since often a house is recognized as unsafe only in words. Otherwise, the refusal is unlawful and can be appealed. It is important to clarify that the ban on privatization does not apply to dilapidated houses, since living in them does not pose a danger to citizens.
2. Dorm room. The refusal in this case will be legal if the hostel belongs to the federal housing stock. If it belongs to a municipality, the hostel loses its status and becomes an apartment building in which any owner can privatize housing.
3. Apartments located within the boundaries of closed military camps. At the moment, many military settlements have lost their closed status. In this case, the difficulties of privatization lie in the lack of technical documents for housing and the untimely transfer of houses from the balance of the Ministry of Defense to the municipality. In such a situation, privatization is permissible only if the housing belongs to the municipal fund.
4. Office premises. Residents of premises that are federal property and are part of the base of any institution or enterprise may be refused privatization in the absence of the owner’s consent. Otherwise, the procedure is permissible, but difficulties may arise with the enterprise obtaining permission to transfer a residential property into private ownership.
5. Premises at the disposal of social protection funds.

Also, a legal basis for refusal would be redevelopment without the consent of local administrative authorities. In this case, you definitely shouldn’t wait for permission for the procedure. In addition, the citizen will need to pay a fine and legalize the work carried out in the home or return the apartment to its original appearance. Only after the issue is resolved will access to the privatization procedure open.

Additional reasons for refusal

In addition to the main reasons that are the basis for refusal to privatize housing, there are a number of points that can also hinder the procedure or significantly delay it.

Inconsistency of the package of documents

In this case, the refusal is legal if the provided package of documents has the following shortcomings:

• Lack of any document, in particular, confirming ownership of the apartment. This could be a rental agreement or a warrant.
• Inaccurate information, errors.
• The papers have lost their power.

Each case is individual and requires a specific approach, but in general, the problem can be solved by correcting errors or restoring expired documents in the relevant authorities.

More rarely, but still, there are refusals due to suspicion of forgery of documents. In this case, additional examination will be required.

Reasons related to privatization participants

Here are the following grounds for refusal:

• Re-participation in privatization. Privatization of any premises once is the basis for a legal refusal in the procedure for other housing, since according to the law, any citizen can exercise the right to privatization only once. The only exceptions can be persons who have not reached the age of majority at the time of the procedure. It is worth clarifying that citizens who have already participated in the privatization of other premises can give written consent to the procedure without their participation. In this case, the process must be started.
• Lack of consent to privatize one of the residents. Permission must be obtained from absolutely everyone living in the apartment. If there is none, the refusal of the procedure is lawful.
• A break in permanent registration in a privatized apartment. The refusal is often explained by the fact that the citizen, living in another place, could privatize another living space. According to the law, the administration must send a request to the authorities corresponding to the citizen’s previous place of residence. If there is no real estate recorded on it, such a refusal is unlawful.

Another common reason for refusal is the death of one of the participants before completion of the procedure. In such cases, local authorities refuse to complete the process, but such actions are illegal.

The privatized apartment is part of the inheritance and its re-registration must be completed. Most often, such precedents are resolved in court, where applicants will need to confirm their right to inheritance.

Abandoned houses

There are situations when those wishing to undergo privatization live in so-called “ownerless” houses. This happens if the house is not on the balance sheet of any organization.

Most often, such cases are associated with the liquidation of enterprises that owned the housing and subsequent negligence in transferring the house to the municipality. Accordingly, there are no documents and no owner, no one to give permission, and privatization is impossible.

The problem can be solved through the court and the lengthy procedure of placing the house on the balance sheet of the municipal fund.

Debts to pay utility bills

Employees, checking the existence of debt and observing it, often refuse to issue the requested papers, citing the fact that privatization is impossible with debt. Such actions are illegal.

Regardless of the presence or absence of debt, employees are required to submit the required documents. But it is worth mentioning that the debt will have to be repaid one way or another. Otherwise, appropriate measures may be taken against the tenant by going to court.

Appeal procedure

The basis for going to court is the presence of a refusal to privatize, indicating the reason in writing. It is this document that will confirm the impossibility of proceeding with the procedure and determine the subject of the claim, which will be the reason for refusal. In the absence of a written refusal, there is no point in filing a claim in court.

Next, you will need to prepare a package of copies of basic documents, including:

• copies of passports and birth certificates of persons registered in the apartment;
• a document proving the right to reside in the premises - a rental agreement;
• refusal to carry out the procedure from the administration in writing;
• receipt of payment of state duty;
• certificate of persons registered in the apartment.

Additionally, you will need to attach papers proving the illegality of the refusal. For example, this could be a document denying that the house is unsafe. In addition, the court may require original documents, so it is advisable to have them with you.

Further actions involve contacting the judicial authorities at the place of residence and providing a package of papers and a statement of claim in as many copies as there are people interested in the process.

The claim must contain the following information:

• full name of the judicial authority;
• applicant details;
• details of the organization against which the claim is being filed;
• reasons for using residential premises;
• date of filing the application for privatization;
• grounds for refusal;
• requirements to the court in a short form;
• documents attached to the application;
• date and signature.

The statement of claim should be drawn up in a concise manner of presenting your own requirements and the situation as a whole. It will be necessary to provide references to the law that, in the opinion of the applicant, was violated. In this case, it is advisable to use the support of a lawyer on housing issues, since illiterate drafting of the document may result in refusal to consider it.

The duration of the issuance of opinions in cases of this type most often takes from 2 to 3 months. If the decision is positive in favor of the plaintiff, after 10-15 days he will be given a corresponding resolution, thanks to which he can begin the privatization procedure again. Otherwise, you should try to appeal to a higher court.

Refusal to privatize an apartment does not always have legal grounds. If you find yourself in such a situation, you should not give up, but study in detail the reasons for the refusal. You may only need to correct minor omissions. Otherwise, justice should be sought through the courts.

Reasons for refusal to privatize an apartment - common grounds

Privatization of housing is an issue that is still relevant for citizens of our country living in state-owned apartments.

In our conditions, it is not always possible to reach a consensus with the competent authorities and privatize the desired property.

Let's figure out what are the reasons for refusal to privatize an apartment, and what can be done to change the outcome of the matter in a positive way. We will try to determine when it is possible and necessary to file a lawsuit and what is needed for this.

Refusal of privatization: what grounds could there be for refusing the procedure?

So, in what cases can the competent authorities refuse privatization to citizens?

First of all, authorities can refer to the inconsistency of the provided package of documents with existing standards and provide the following explanations for their refusal:

Further, when privatizing an apartment, it is necessary to take into account its status.

The privatization procedure cannot be carried out in relation to the following types of housing:

1. Residential premises located in dormitories. This rule applies if the hostel is under the jurisdiction of federal authorities. If it falls under the jurisdiction of the municipality, then the procedure for transferring the room to private property is quite possible from the point of view of the law.
2. Housing located in closed military camps.
3. Residential premises in disrepair (it is possible to privatize dilapidated housing through the court, but with some nuances).
4. Housing provided to citizens during the performance of a certain service. As an exception, we can cite the housing stock of agricultural enterprises (state farms), as well as housing assigned to local institutions that provide social protection to the population. Privatization of a departmental apartment is possible only with the consent of the owner, for example, the enterprise that owns the corresponding apartment.

In addition, the basis for refusal may be illegal redevelopment carried out in the residential premises. Because of this, the potential owner will not be able to establish the right of ownership and disposal over the housing, and will also be required to bring the housing to its original condition and pay a fine for illegal redevelopment of the apartment.

The authorities also have the right to refuse a citizen privatization of housing if he has already participated in it previously. In this case, the Federal Law “On the privatization of housing stock...” comes into force, according to which every citizen of the Russian Federation has the right to participate in this procedure only once.

A lack of consensus on the issue of privatization among apartment residents may also be a reason for refusal.

Only a unanimous positive decision of all residents to transfer housing into private ownership is a legal basis for the procedure.

The reason for refusal may also be the presence of debt on utility bills, which, however, is illegal to refuse registration for such a reason. In this case, you cannot do without a trial, although you will still have to pay the debt.

What to do if they refuse to privatize an apartment?

At first glance, the best solution to this contradiction is to eliminate all the inconsistencies pointed out by the competent authorities.

For example, if the problem is the absence of certain documents, then it is very easy to eliminate it by supplementing the package with the necessary documentation.

Or if the authorities pointed out illegal redevelopment, then it is quite possible to restore the apartment to its original form and reapply for privatization.

However, based on the above grounds for refusal, we can conclude that in most cases the case can only be resolved by the court, removing the obstacles that have arisen or proving the erroneousness of the reasons given by the authorities for refusal.

Reasons why you can go to court?

If the reasons why the authorities refused to register ownership of an apartment are illegal, then going to court is the only possible way to solve the problem.

The basis for going to court is a written refusal by the competent government body to allow the privatization of the apartment. After this, the citizen can appeal this decision in court within 3 months in a court of general jurisdiction according to all generally accepted standards in our country.

Where to begin?

First of all, it is necessary to consult with a professional lawyer and accurately determine whether the actions of the authorities are illegal.

how much do legal services for privatization of an apartment cost? Read more here.

If the answer to this question is positive, you can begin collecting documents that will need to be subsequently submitted to the court along with the statement of claim, and do as the lawyer advises.

documentation

To submit a claim to court, you will need some documents.

Below is a list of them:

1. passports and/or birth certificates of citizens registered in the apartment;
2. a special certificate about citizens who are registered at the place of residence in this apartment;
3. documents on which the claims made by the plaintiff are based and confirming the right to privatize housing.
4. a document confirming the refusal of the authority to authorize the privatization procedure for residential property
5. receipt of payment of state duty.

Filing a claim

further, it is necessary to draw up a statement of claim, which should include the following points:

• the name of the judicial authority in which the claim will be heard;
• the address where the citizen filing the claim resides permanently;
• complete information about the public authority whose decision is planned to be challenged in a court hearing;
• the essence of the contradiction that has arisen and the corresponding violation of rights, accompanied by documentary evidence;
• a list of demands put forward by the plaintiff;
• list of applications;
• date of drawing up the statement of claim and its filing;
• plaintiff's signature with transcript.

Price issue

in this case, the costs of preparing a claim in court will consist of paying for the services of a professional lawyer who will help draw up the necessary package of documents, as well as provide the necessary advice on certain issues.

To privatize an apartment through the court, legal advice is advisable.

In addition, the cost of implementing the procedure includes the state duty for civil claims, amounting to 300 rubles. in general, the procedure is not expensive, so in this case the end justifies the means.

Arbitrage practice

In the case of a well-structured argument, the court does not have the right to refuse to satisfy the claim. However, this does not happen so often, since authorities, in many cases, do not refuse citizens without compelling reasons, which are not always possible to challenge.

A lawyer talks about the possibility of privatizing a hostel:

Thus, the refusal of the competent authorities to privatize housing is not a point in resolving the issue.

With a competent analysis of the problem and careful preparation, it is quite possible to achieve a positive outcome in court.