Is it possible and how to deprivatize an apartment or housing?

The procedure for transferring municipal property into private hands is known to many, but the reverse process is used much less frequently in practice. However, in some situations, the apartment is deprivatized voluntarily or forcibly.

A step back to municipal property may be beneficial to the owner himself, or it may be carried out on the basis of a court order when violations in the procedure or infringement of the rights of other residents are revealed. Due to the loss of private property, the rights to dispose of property - its exchange, sale, etc. - are canceled.

What is deprivatization of an apartment

Having been in force for three decades, the privatization law has allowed millions of citizens to become owners of their homes free of charge. Having used your chance, it sometimes becomes obvious that privatization actions were carried out hastily, in violation of the requirements of the law and the rights of other citizens. Reverse action is a responsible step that has serious consequences for the former owner.

Actions regarding privatized objects are regulated by the provisions of Federal Law No. 1541-I, adopted in 1991.

Within the framework of the current legislation, citizens have the right to register housing as private property, as well as to perform the opposite actions.

As part of deprivatization, the owner loses the property received free of charge and regains the status of a tenant under a social tenancy agreement, retaining the right to further use the living space.

The condition for the forced return of housing to the municipal fund is the presence of claims against the privatization, which makes it possible to invalidate the procedure. Deprivatization requires a court order on a claim requiring the annulment of rights.

Difference from deprivatization

• The consonant concepts of deprivatization and deprivatization, returning property to the municipality or the state, have significant differences in the procedure, consequences and conditions of implementation.
• If deprivatization allows for a voluntary, deliberate renunciation of property, then deprivatization by a court decision presupposes the compulsory nature of the action.

As a result of deprivatization, at the request of the owner himself, the right to live in the apartment is retained under the conditions that were in force before the transfer of property into private hands. During deprivatization, the former owner faces trouble if a citizen’s involvement in illegal actions is revealed.

It should be taken into account that deprivatization, being a voluntary procedure, does not always have negative consequences for the owner.

If the purchased housing is dilapidated and needs serious investments in repairs, it is easier for residents to refuse to accept such property, hoping to move to more comfortable living conditions in a technically sound building as a tenant on social rent.

In what cases can an apartment be deprivatized?

Intending to improve their living conditions by relocating to modern municipal housing in a new building by abandoning privatized real estate, citizens must carefully weigh the validity of the step, since the right to privatization is given only once during a lifetime, and the refusal to initially transfer real estate into private hands , does not give a second chance to acquire property.

If the owner voluntarily decides to deprivatize the apartment, it is necessary to carefully weigh the decision, because it will be irrevocable and will lead to the termination of all rights to dispose of the property. The processes of inheritance, exchange, and sale become unavailable.

Partial conditions for deprivatization include:

1. The procedure is carried out solely on the initiative of the owner.
2. If there are several owners, you will need to obtain the consent of everyone if citizens live in the same apartment.
3. When some of the owners are incapacitated or children, the guardianship authorities must be involved in the approval.

In certain situations, deprivatization becomes impossible:

• the property was received by the heir;
• the apartment was received by exchange or through a purchase and sale agreement;
• a lien has been issued;
• property is seized;
• After privatization, new residents registered in the living space.

How to deprivatize an apartment

2. Depending on the grounds for returning the property to the municipality or to the state fund, the procedure for deprivatizing an apartment will include contacting the authorized body with a package of prepared documents.
3. In the case of a forced procedure for transferring housing to the municipal fund, housing is confiscated from property on the basis of a court decision.

Through the court

In a controversial situation, when it is necessary to deprivatize an apartment on the basis of a court, the place of appeal is chosen by the authority to which the property belongs territorially. The judge makes a decision in accordance with civil law governing the procedure for invalidating a transaction. Forced deprivatization is carried out only in court.

To deprivatize housing on one’s own initiative, the proceedings are carried out on the basis of a personal appeal from the owner to the local municipality, the department authorized to solve housing problems. To accept the application, it is necessary to organize the presence of all owners who have reached their 14th birthday.

Upon completion of the reverse procedure, the owners receive the right to enter into a social tenancy agreement again and return to the usual use of housing as a tenant.

A 2-month period is given to make a decision on the return of housing to the municipality and registration, and registration with Rosreestr takes place in 18 days without charging a fee.

With a minor

Often the property is transferred into private hands for all residents, including minors. When the deprivatization of housing concerns part of the property in which children are registered, the situation with the return of housing becomes more complicated, since it is necessary to obtain the consent of the guardianship authorities at the place of residence of minors.

In order to successfully complete deprivatization, citizens under 18 years of age must obtain other housing, in accordance with accepted standards.

By shares

When it comes to giving up part of privatized housing, there are a number of nuances. Deprivatization of a share in an apartment is carried out only with the consent of the remaining owners who received their shares as part of privatization.

If at least one of the residents who own shares does not agree to give up their housing, voluntary deprivatization will be rejected. Before contacting the official authorities, it is necessary to first agree with all owners and entail benefits.

For military personnel

An equally difficult situation is when you need to achieve a refund if an apartment located in a military camp is privatized. As a general rule, retaliation against military housing is prohibited. To find out more about the possibility of deprivatization and whether permission can be obtained, you need to contact the specific department to which the privatized housing belonged.

Required documents

In order for the deprivatization of housing to take place, citizens will need an extensive package of documentation:

• personal documents of all participants intending to give up private property (passports and birth certificates);
• documents confirming the transfer of the apartment into private ownership;
• certificates confirming the absence of debt obligations;
• floor plan and explication of premises;
• provide written consent on behalf of guardians or trustees (for citizens under the age of majority);
• a statement indicating the grounds for refusal.

Re-privatization of an apartment after deprivatization

Actions to abandon property previously privatized by citizens must be balanced and justified.

Refusal to register ownership of housing can be justified by the expectation of resettlement, provision of more comfortable and spacious housing for social rent.

It must be remembered that the state grants the right to privatization only once. It will no longer be possible to get an apartment for free again.

The return of a privatized room or apartment must have compelling reasons, and forcible deprivation of property can only be done after serious violations have been recognized in the procedure for re-registration as private property.

How to deprivatize an apartment in 2023?

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 2023.

Content

When Russians began to privatize housing en masse, few people thought that, in addition to the right of ownership, there were also responsibilities directly related to this right. Faced with these responsibilities, some citizens realized that it was easier and safer to act as tenants with the municipality or the state.

• Initially, deprivatization was seen as an opportunity for socially vulnerable segments of the population to get rid of the burden of utility and other payments, but wealthier people also began to use this right to reduce the tax burden.
• It cannot be said that by 2023, attempts to abandon property began to be widespread, but in almost every region of the Russian Federation, cases of reverse privatization are registered, both through the court and under a simplified administrative procedure. 
• Previously, it was planned that the opportunity to deprivatize real estate would be provided to citizens until 2023, but subsequently it was decided to extend the program.

Benefits of deprivatization

Actually, the initiators of deprivatization are property owners, driven by purely economic interests.

Most often, they cite reluctance or inability to pay high taxes as the reason for this decision, especially considering the systematic increase in the mandatory contribution to property.

Not all taxpayers can count on benefits, and it turns out that they simply cannot afford property maintenance.

The same applies to payments for the maintenance of the territory, which, although low, for many citizens, due to the current economic situation, every penny counts. If the property is returned to the authorities, these obligations from the tenant are immediately removed.

By adding up all the contributions from which a citizen is exempted after deprivatization, one can save quite significant amounts.

Relinquishment of property as a way to avoid loss of housing

Russians remembered that before privatization, their families lived for a long time in state apartments and felt more protected, therefore, in the absence of relatives who were ready to take on all the risks and ensure a comfortable old age, older people prefer to trust the authorities.

The voluntary return of housing to the previous owner (the state) is a good solution for lonely elderly people who are afraid of the illegal actions of the so-called “black realtors”.

It often makes sense to relinquish a property if the owner is seeking to improve their housing conditions by participating in state or local housing programs, or is trying to protect themselves from fraud in this way.

When deciding to return ownership, it is worth considering that you are unlikely to be able to privatize real estate again free of charge. But now municipal authorities are responsible for the maintenance of housing, and the former owner becomes just a tenant of social housing.

Features of deprivatization and deprivatization

The meaning of such concepts as deprivatization and deprivatization is approximately the same, but there are still differences in the consequences of each of the processes.

Deprivatization means an absolutely voluntary renunciation of square meters in favor of the previous owner ; as a result, the apartment returns to federal or municipal ownership, with the citizen retaining the very fact of participation in the privatization process.

That is, the citizen retains the right to rent an apartment on the terms of “social housing”, but he can no longer carry out privatization, since such a procedure can only be resorted to once in a lifetime.

Deprivatization presupposes a forced return, which is most often carried out by a court decision when the transaction that resulted in the acquisition of ownership rights is declared invalid. Such a decision means that legally (due to procedural violations or other reasons) , the transaction is canceled, which means that the citizen will be able to become the owner of a state-owned apartment in the future.

However, one term has become entrenched in everyday life - deprivatization; in legislation there is no such concept at all, as well as the concept of “deprivatization”.

What real estate can be returned? Restriction system

A property can only be reprivatized if it was municipally owned and there are registered, permanently residing residents.

The property is again transferred to the balance of the municipality, and it must now enter into a social rental agreement with the people who most recently were the owners of this property.

By the way, it will only be possible to deprivatize an apartment if it is the only housing.

— Only an apartment that is free from any encumbrances can be returned to the municipalities. Housing that is pledged to financial organizations during the process of registration of inheritance is not subject to reprivatization, the same applies to real estate that is under arrest or leased.

— Housing can only be deprivatized when all the owners are alive. Otherwise, the share of the deceased is considered an object of inheritance, and this part is no longer considered received as a result of the privatization process.

What is required for a return? Signatures, certificates, documents

If the housing is in shared ownership, each owner must give written approval to return the square meters to the municipality. When there is a great need to achieve deprivatization without the consent of one of the owners (and not everyone may agree) , this can be achieved in court if there are sufficient grounds.

Certain difficulties may arise when one of the homeowners is a minor child. In this case, it is necessary to obtain the written consent of the guardianship authorities, who will first check whether the rights of the children will be violated if the housing is privatized. If there is a disabled person among the owners, permission from social services will be required.

You can deprivatize an apartment without going to court; by the way, many Russians do just that.

To do this, you need to write an application to the administration, preparing a complete package of documents that confirm the very possibility of such a procedure.

First of all, these are documents that indicate the transfer of ownership, a certificate confirming that the object is freed from encumbrance, an extract from the house register, a technical passport.

Of course, you will need the passports of all owners, the above-mentioned guardianship permission, and a certificate stating that there are no debts to utility services.

Having studied this information, officials will prepare an agreement, after which Rosreestr will register the transfer of ownership - all this takes about two months.

After this, it is the turn to conclude a social rental agreement with everyone who lives in the deprivatized apartment.

Possibility of refusal: authorities refuse problematic housing

Municipal authorities are not at all obliged to accept all real estate that citizens decide to return to their ownership. Even one seemingly insignificant circumstance may be enough to get a refusal.

For example, if illegal redevelopment is discovered, the apartment may remain privatized and “not subject to return.”

It is much easier to resolve the issue if there is only a small debt on utility bills, but it is better to pay in full before submitting documents to the mayor's office.

If the building where the apartment is located is recognized as unsafe, most likely the municipality will refuse such property, although if it is possible to return it, one can hope to receive new housing. It is impossible to return ownership of housing located in military camps. As you can see, there are many restrictions, and voluntarily abandoning privatization is not so easy.

If the issue is fundamental, and it is not possible to reach an agreement with the mayor’s office, despite the existing grounds, the only thing left to do is go to court. Well, if you can prove the illegal grounds for privatization and have it declared invalid, then in the future there is a chance to go through the privatization procedure again.

The most common reason for declaring an agreement invalid is when one or more tenants who were registered in the apartment at the time of privatization did not take part in it, but at the same time did not formalize a waiver of the right to housing.

What's the result? Is the game worth the candle?

For a long time, the judicial route of reverse privatization was considered the only possible one, and a simplified procedure appeared after an increase in the number of requests regarding the return of housing to former owners. It cannot be said that this procedure has been brought to perfection and does not need improvement; the judicial system can interpret many points in two ways.

You need to understand that if the decision is positive, the apartment can no longer be used as property. Such real estate cannot be sold or donated, and it will also not be possible to register someone on the living space without special permission.

Deprivatized housing cannot be officially rented out; no financial institution will provide a loan secured by a municipal apartment. By the way, there are no guarantees that the “social housing tenant” will be able to regain ownership of the apartment.

Conclusion

So, the reprivatization process cannot be called simple, but with a strong desire and the absence of significant restrictions, all procedures can be carried out; it will take about six months. This is exactly the case when you need to approach the issue very responsibly and calculate everything many times in order to understand whether it is really worth parting with the property.

Let us recall that legislation related to deprivatization is still far from perfect, and authorities at various levels periodically return to this issue. Therefore, it makes sense to monitor the changes, and, having decided on this procedure, consult an experienced lawyer who is aware of the latest innovations.

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.

5 reasons to deprivatize an apartment

For a long time, the privatization of an apartment in Russia was considered a necessity for most citizens. However, over the past few years, apartment and country house owners have begun to think that owning property brings more problems than benefits.

Naturally, the idea of ​​voluntarily giving up rights to real estate seems absurd to many. However, a mechanism to reverse the privatization process exists and is becoming increasingly popular.

Why are owners increasingly choosing to voluntarily become tenants? The main reason to give up rights to own real estate is new tax laws, namely the emergence of a real estate tax.

In accordance with the new rules, the rate will be calculated based on market value, and not on underestimated BTI estimates. For some Russians, especially residents of megacities, such changes will be unaffordable.

At the same time, the transition from apartment owner to tenant status will eliminate the need to pay tax.

For a long time, the privatization of an apartment in Russia was considered a necessity for most citizens. However, over the past few years, apartment and country house owners have begun to think that owning property brings more problems than benefits.

Naturally, the idea of ​​voluntarily giving up rights to real estate seems absurd to many. However, a mechanism to reverse the privatization process exists and is becoming increasingly popular.

Reason one: changes in tax rates

The main reason to give up rights to own real estate is new tax laws, namely the emergence of a real estate tax.

In accordance with the new rules, the rate will be calculated based on market value, and not on underestimated BTI estimates. For some Russians, especially residents of megacities, such changes will be unaffordable.

At the same time, the transition from apartment owner to tenant status will eliminate the need to pay tax.

Reason two: exemption from bills for major repairs

By switching from owner to tenant, you can get rid of the need to pay the rates for major repairs updated in March 2013. The employers' share must be paid by the municipality.

• Reason three: the opportunity to reduce utility bills
• In some cases, the amount of monthly utility payments for tenants is lower than for privatized real estate.
• Reason four: the opportunity to improve living conditions

After the start of large-scale programs for the renovation and demolition of dilapidated housing, many residents of Khrushchev and dilapidated buildings began to resort to the process of deprivatization in order to receive apartments with a larger area after resettlement.

According to the law, if the building in which the state apartment is located is demolished, tenants must move to housing, the area of ​​which will be based on 12-18 square meters. per person.

At the same time, the owners of privatized apartments will receive living space that is equivalent in all respects.

Reason five: unwillingness to bear responsibility

According to the law, an apartment owned by the state cannot be sold, donated or inherited, which means that fraudulent transactions with such real estate are much more difficult.

Sometimes deprivatization is resorted to during a divorce, for example, in the case of a housing exchange, in which former spouses move to a non-privatized apartment.

Deprivatization or deprivatization?

The process of returning square meters to the state may vary. Despite the apparent similarity of the concepts, some lawyers draw attention to the differences in the content of the concepts “deprivatization” and “deprivatization.”

Most often, deprivatization is understood as the process by which the privatization of real estate is invalidated. Accordingly, it is necessary to prove that mistakes were made in the process of privatization of housing.

Deprivatization involves the voluntary transfer of square meters to the state.

In order not to waste extra time and effort when preparing a lot of documents, it is better to immediately contact a lawyer and find out whether these differences play a significant role in your case.

Consequences of deprivatization

Along with the undoubted advantages for many citizens, deprivatization (deprivatization) has a lot of consequences that may be irreversible or, at least, difficult to correct.

Even the advantages of changing status have downsides. The main one is the impossibility of transactions with non-privatized real estate.

In addition, citizens who hope to wait out unpopular changes in tax legislation as real estate tenants should remember that, according to the law, housing cannot be privatized a second time. However, if minors participated in privatization, then upon reaching 18 years of age they will be able to exercise the right to receive real estate ownership.

When is deprivatization / deprivatization impossible?

Don’t think that the process of transitioning from being an owner to renting an apartment will be easy for everyone. 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:

• the property must be the only place of permanent residence;
• housing must be free from any encumbrances (rent debts, loans, etc.);
• the premises must be “free from obligations”. Thus, if someone moved into the housing after privatization (or registered at the place of residence), then it is most likely impossible to deprivatize it.

It is also worth remembering that in some large cities, such as Moscow, the deprivatization process is regulated by separate laws.

In accordance with them, local authorities may introduce some specific requirements for those wishing to return housing to state ownership.

In order not to waste time and find out in advance the real state of affairs for each specific case, it is worth seeking advice from professionals. Competent legal assistance can significantly simplify the process of transition from owner to tenant.

Margarita Spasskaya, correspondent for GdeEtoDom.RU

Source: GdeEtoDom.RU

Deprivatization of apartments and non-residential premises

Deprivatization of housing is a procedure that has not been widely used in legal practice, but has been worked out in sufficient detail by legislative norms. 

Who needs the deprivatization of housing?

Deprivatization of an apartment solves the following range of problems:

• reversal of private housing in favor of the state in order to minimize tax payments;
• recognition of the privatization agreement as an invalid document due to the prevailing circumstances.

The procedure is carried out on the basis of the norms outlined in Articles 168-171, 176-179 of the Civil Code of the Russian Federation, Article 9.1 of the Law on Privatization, Art. 20 Housing Code of the Russian Federation.

Deprivatization or how to transfer an apartment to a municipal fund

Deprivatization of apartments involves the return of residential premises that participated in privatization to the municipal fund.

In this case, property rights are lost and the apartment becomes the property of the state. The former owner can continue to operate the property on the basis of a lease agreement.

In relation to transferred real estate, restrictions are imposed on the following actions:

• donation;
• sale;
• inheritance.

Only the owner of the property can initiate deprivatization. If the property is divided into shares, it is necessary to obtain the consent of other owners. If there are registered children or disabled people in the apartment, a written opinion will be required from the guardianship authorities.  

Legislative prohibitions

Deprivatization of housing is prohibited in the following situations:

• if the rights to the property arose as a result of receiving an inheritance or on the basis of a sale agreement;
• if encumbrances are imposed on the property (seizure, lien);
• if the apartment is not the place of actual residence.

Documentation for deprivatization

To begin the process, you must contact the housing authorities located at the location of the property with an application and a package of documentation. The following documents are required for deprivatization of an apartment:

• certificate of ownership of the object;
• certificate of absence of arrest or pledge of the apartment;
• copy of the passport;
• copies of the explication and floor plan;
• extract from the house register;
• payment document confirming payment of state duty.

The fate of the privatized apartment

After considering the application and making a positive decision by the property relations committee or other authorized body, an agreement is signed, which indicates that the apartment becomes one of the municipal properties.

 Next, a rental agreement is drawn up and registration documents are drawn up. The property cannot subsequently participate in the privatization program and cannot become the property of employers who decide to deprivatize.

 An apartment in municipal ownership can be exchanged for similar living space, but cannot be inherited or sold on the market.

Repeated privatization of an apartment through the court occurs when the transaction reveals signs of insignificance or facts of criminal activity are revealed. 

Deprivatization by court

Deprivatization occurs only through legal proceedings. This method is used when housing control authorities refuse to accept housing into municipal ownership, or the privatization of an apartment occurred in violation of certain provisions of regulations.

 If during privatization there were fraudulent schemes, infringement of the rights of limited legal capacity or minor citizens, there is a high probability that such documentation will be declared invalid.

The result of deprivatization or deprivatization may be a social tenancy agreement, which must be signed by all persons who have lost their property rights. If there are children among them, the documentation must be endorsed by parents or guardians. The same rule applies to people with disabilities.  

Recognition of the fact of privatization as illegal

A claim for deprivatization due to the presence of signs of an illegal transaction may be filed by the following persons:

• participants in the privatization process;
• interested people;
• guardians;
• guarantors;
• prosecutor's office;
• guardianship and trusteeship authorities;
• municipalities;
• government agencies.

The claim must be filed no later than 3 years after registration of privatization. In some cases, it is possible to extend the period, but there must be good reasons for this. If it is necessary to deprivatize a premises that is not residential, the procedure is carried out according to a similar scheme.

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06/13/2022 — Artem Buikov

Hello. I have a dorm room. The dormitory is being demolished. It has debts for housing and communal services. Can I give up this room in favor of the state and not pay off my debts? Thank you