“Does it make sense to privatize an apartment, or is it still more profitable to refuse it?” - this is the question that a huge number of people ask themselves. If you look at it, not all citizens have a burning desire to become the owners of their municipal apartment: someone avoids paying taxes, someone intends to pass on their attempt to a minor child.
There are people who do not want to deal with the privatization of emergency housing. In short, there are many reasons for refusing privatization, and they all have a reasonable explanation.
The process called “Privatization” began in Russia a long time ago, back in 1991. The privatization procedure is regulated by Law No. 1541 - 1 “On the privatization of housing stock in the Russian Federation” . The essence of the process is the free transfer of occupied housing owned by the state into the ownership of tenants. Initially, the privatization period was set until 2007, but then it was constantly extended.
The current legislation of 2023 allows any citizen of the country to use their right to free privatization once in their life. But this same legislation allows you to waive this right. We invite you to talk about refusing privatization in favor of another person and understand all the nuances, procedure and possible consequences of this refusal.
Is it possible to refuse privatization and can this be done in favor of another person?
It is possible to refuse privatization. To do this, you need to go to a notary and issue an official refusal.
A refusal is a written expression of a person’s will about his reluctance to take part in the privatization process along with other residents of the apartment, since privatization is a completely voluntary process, available to every citizen of the Russian Federation and even minor children.
Note! It is important not to confuse and distinguish between two different concepts: “notarial refusal of privatization” and “reluctance of a citizen to participate in privatization.” The main difference is in the method of registration: an official refusal can only be issued in writing and through a notary. While an oral refusal is legally absolutely untenable.
But there is one important nuance: a refusal that is made in favor of another person cannot be accepted . For example, if a grandmother refuses privatization in favor of her grandchildren. If, when registering an inheritance, the law allows you to formalize a refusal in favor of the interests of third parties, then in a situation with privatization this is absolutely excluded .
Important! The law believes that the fact of transferring one’s share of housing in favor of some other tenant may infringe on the interests of other residents of the apartment. All citizens registered in municipal housing have absolutely equal rights to this housing. In this regard, refusal of the privatization process in the interests of another citizen cannot be accepted and approved .
Grounds for privatization refusal
The law does not regulate the entire list of reasons for refusing to privatize an apartment. In addition, all possible grounds for such a refusal are indirect in nature, therefore they should not be indicated in the application: the registrar, most likely, will not even look at them.
Here is a list of circumstances contributing to the decision to refuse privatization:
- when housing is in disrepair or dilapidated condition;
- when a person consciously does not want to leave privatized housing or a share after his death;
- when a person does not want to pay tax on an apartment;
- when there are very difficult relationships with other residents;
- when there is reluctance to take part in privatization (banal laziness).
Note! There are often cases in which citizens, having previously refused privatization, then abruptly change their decision due to fear of being evicted from their housing.
Is this possible? According to the law, if a person refuses to privatize housing, he retains the right to lifelong residence in the apartment.
But, at the same time, if such an apartment is sold, then the new owner will be able to evict all former residents ( clause 2, article 292 of the Civil Code of the Russian Federation ).
Procedure for refusing privatization
If you have decided on your wishes, then it’s time to begin the process of abandoning privatization.
Here is the basic algorithm for the actions required for this:
- We inform the other residents of the apartment about our refusal.
- Let's go to the notary.
- We pay the state fee.
- We draw up a waiver of the privatization process strictly according to the model given by the notary.
- We attach the application to the documentary package.
- We receive the right to lifelong residence in an apartment.
We offer convenient step-by-step instructions on how to formalize a refusal to privatize an apartment:
Step No. 1 – Declaring our desire to refuse
Before writing a written refusal, you should inform other residents of the apartment (room) about this decision. Other residents have the right to know that you do not want privatization. In such a situation, it is necessary to discuss in detail all the nuances: will there be lifelong residence in the apartment, or will there be a discharge with a change of place of residence.
Step No. 2 – We draw up a refusal with a notary.
Having decided to refuse, you need to go to a notary’s office and formalize a refusal of privatization there. The notary will provide you with the necessary details to pay the state fee (it is taken to approve the waiver of the privatization process). Next, you fill out the form (a sample application will be provided to you by a notary). At the end, the notary puts his visa and stamp.
Step No. 3 – Attach the completed refusal to the documentary package.
Having issued a refusal of privatization, all you have to do is attach it to the general papers of the remaining residents. Further, you have the right not to be present at the signing of the housing transfer agreement.
Notarized refusal of privatization: what documents are needed?
To issue a written refusal of privatization, you must collect the following documents:
- ID card (original and copy);
- extract from the house register (copy);
- power of attorney (if necessary);
- a statement that you refuse to participate in the privatization of housing (apartment, house, land plot).
We are writing a statement of refusal from privatization: main content
Here is the content of the application to refuse privatization:
- indicate information about the addressee (the body in charge of privatization issues);
- indicate information about the applicant (full name, tax identification number);
- indicate the address where the housing is located;
- indicate the details of the applicant’s identity card;
- We note that you agree with privatization, but want to express your refusal to participate in the process;
- indicate the reasons for your refusal (this is voluntary);
- enter the date and your visa.
Registration of a notarial refusal: deadline and price
You can have your application certified by a notary in a few minutes. It all depends on the speed of repayment of the duty.
Prices for notary services directly depend on the location (region). At the same time, the price range for this service is established by Art. 333.24 Tax Code of the Russian and Art. 22.1 Federal Law No. 127 .
The approximate cost of refusing privatization varies in the price range from 800 to 1100 rubles .
We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .
Refusal of privatization on the part of the child
When a minor refuses privatization, two main “scenarios” stand out:
- If this is a child under 14 years of age, the refusal form is filled out for him by his parents (guardians), upon approval of guardianship.
- If children are between 14 and 18 years old, they write a statement of refusal independently, but with parental consent and the consent of guardians.
Keep in mind! Guardianship authorities may refuse if the apartment was given to a minor by inheritance, gift or sale. When a child has nowhere to live, then guardianship will never accept a refusal to privatize a municipal apartment.
Algorithm of actions in case of refusal of privatization by a child
- We are seeking approval of the refusal by the guardianship authorities.
- Let's go to the notary's office.
- We pay the duty.
- We are writing a statement that the child refuses privatization.
- We are waiting for the procedure to complete.
The main thing is to get guardianship approval.
When making a decision, inspectors rely on the provisions of Art. 28 and Art. 37 Civil Code of the Russian Federation . They first check whether the minor has another living space and whether his rights will be violated. Such approval is very difficult to obtain. Its waiting time is 14 days.
Refusal of a minor: documents, deadline and price
Here is a documentary package for formalizing the abandonment of a child:
- parents' passports;
- Identity card of a minor from 14 years of age (up to 14 years of age - birth certificate);
- certificate of marriage of parents (divorce);
- house book (extract);
- social tenancy agreement, or housing order.
The process of refusing privatization by a child takes about 15 days.
The amount of state duty for this process is about 1100 rubles .
Refusal of privatization: consequences
Before signing a waiver of privatization, you should carefully weigh all the pros and cons, because any action has its own legal consequences.
Here is a list of possible consequences if you refuse privatization:
- A citizen who refuses completely loses the right of ownership in the share of privatized housing and, accordingly, will never be able to carry out any transactions with it: sell, rent, bequeath, donate, mortgage, etc.
- Those who refuse run the risk of being evicted from the property, but only if the other tenants-owners decide to sell the apartment. Even the right of lifelong residence here will not be able to help, and the new owner of the apartment will easily evict the refusenik.
Refusal of privatization: is it possible to cancel it?
If a citizen refused privatization, but then changed his mind and made the opposite decision, he should be prepared for two scenarios:
- Scenario No. 1 – If the application for refusal has been drawn up and certified, but the privatization process has not yet been completed, then you simply should not attach the refusal to the documentary package.
- Scenario No. 2 – If privatization has already taken place and the information has been received by Rosreestr, then it will be impossible to cancel the refusal. You can only come to an agreement with the remaining residents - the owners - and formalize the deprivatization. Then the apartment will again go to the state, and all residents will lose their property. Therefore, deprivatization is extremely unpopular among citizens and happens very rarely.
To summarize, I would like to remind you that privatization is a voluntary process, as a result of which a citizen has the right to refuse to participate in it. To do this, he must write an application and have it certified by a notary.
In addition, the objector must understand and be aware of all the legal consequences of his decision.
And, most importantly, you cannot refuse privatization in favor of another person : the law does not allow this. The fact of transferring one's share to another citizen, according to legislators, may infringe on the interests of other residents, because everyone living in a municipal apartment has the same rights to it.
How to refuse privatization in favor of another person?
Refusal of privatization in favor of another person is a legal option for citizens in the process of re-registration of property rights. The expression of such a decision is carried out by drawing up a document that is subject to notarization.
What is this
- all citizens living in municipal residential premises on social rent terms have the right to apply for a privatization agreement;
- To submit documents for privatization, a unanimous decision of all tenants of housing for re-registration of ownership is required;
- Each citizen living in an apartment has the right to refuse to acquire ownership rights in favor of other tenants.
The unanimous decision of the tenants is expressed by filling out an application, which indicates the full composition of the apartment’s residents. This list also includes persons who renounce property rights in favor of other family members.
When drawing up a privatization agreement, municipal authorities are obliged to respect the will of citizens. In particular, if there is a refusal in favor of other persons, the contract will be issued only to these citizens.
Before explaining the procedure for issuing a refusal, it is necessary to clarify the legal consequences of such a decision. Since the participants in a privatization transaction, as a rule, include members of the same family, when the refusal is issued, other close persons (for example, a spouse, minor children, etc.) will become the owners. In this case, the legal status of citizens will be determined as follows:
- after making a decision to refuse to participate in privatization, the citizen will retain the right to permanent, unlimited use and residence in residential premises;
- if ownership is registered in the name of only one spouse, the second partner will not be able to demand division of the apartment during the divorce process (although he will retain the right to use and reside);
- refusal of minor citizens to participate in the privatization program is not allowed (this category of persons is given the right to re-participate in a privatization transaction after reaching adulthood).
Retention of the right to use living space after registration of a refusal from privatization is confirmed by the presence of registration at the place of residence. In this case, forced eviction of a tenant will be possible only in exceptional cases (for example, in case of violation of the rules of residence, damage to property, etc.).
For what reasons do citizens refuse to participate in a privatization transaction?
This decision is a free expression of will; coercion to perform such actions is not allowed. As a rule, there is the following reasoning for making such a decision:
- to simplify the privatization procedure when a citizen has difficulty collecting a complete set of documents (for example, when moving to another region, a number of certificates will have to be collected at the previous place of residence);
- to maintain the opportunity to participate in the privatization of another apartment (if the tenant refuses to participate in privatization, he will be able to re-register rights to another housing allocated from the municipal fund).
When applying for a notarial refusal, there is no need to indicate the reasons for such a decision; the notary is obliged to check only the legal capacity and freedom of expression. Also, the reasons for the decision are not indicated when contacting the municipal body that will draw up the privatization agreement.
How to apply
Why is it necessary to contact a notary office to certify such a refusal?
The notary is authorized to verify the following facts:
- citizen's legal capacity;
- the applicant’s understanding of the consequences of his actions (the notary is obliged to explain such consequences and indicate the fact of explanation in the text of the document);
- the presence of the right to refuse (the document can only be drawn up by a citizen who has the right to use residential premises on social rent terms);
- the refusal can only be drawn up in favor of other tenants of the apartment; unauthorized persons cannot acquire the right to privatization in this way.
Thus, without the personal presence of the employer, the document cannot be executed. When obtaining notarized consent for the privatization of an apartment, the presence of other tenants is not required; it is enough to provide information about the remaining participants in the privatization transaction.
Is it possible to draw up such a document yourself and submit it to a notary office for certification?
Formally, the law does not establish restrictions on the methods of drawing up a document, since the notary still has to check it for compliance with regulations.
However, in practice, filling out the refusal form is carried out by employees of the notary’s office, who know all the nuances of drawing up such documents.
Citizens will have to pay additional costs for services to compile the form.
The procedure for drawing up and certifying a refusal is as follows:
- citizens decide who will participate in the privatization transaction and who will formalize the refusal through a notary;
- each employer who decides to refuse must appear in person at the notary’s office;
- a notarized refusal is drawn up and certified separately for each of the “refuseniks”;
- information about the certified refusal is entered into the unified register of notarial actions;
- a certified refusal form is issued to the citizen to present it at the place of request.
To complete a notarized waiver in favor of other persons, you must take with you the following documents:
- original of the applicant's civil passport;
- documents confirming the applicant’s right to use a municipal apartment (social rent agreement, registration data at the place of residence, etc.);
- copies of identification documents of other participants in the privatization program.
The notary checks the submitted documents directly in the presence of the interested person. If the applicant confirms the legality of the right to use the apartment, the refusal is drawn up on a notary form and issued to the citizen.
Note! The law does not provide for the possibility of canceling or canceling a certified refusal. If a citizen changes his decision and wants to become an owner along with other family members, he needs to sign a single application for participation in the privatization transaction on a general basis. In this case, the notarial refusal will lose its legal significance.
Is notarization of the specified document required in favor of other residents if a citizen personally approaches the authorized municipal body and declares his refusal?
Law No. 1541-1 does not provide for such forms of refusal as oral appeal or submission of a written statement without notarization. Thus, a visit to a notary’s office cannot be avoided under any circumstances.
Where is it used?
After receiving the privatization agreement, you must contact the Rosreestr office to carry out registration activities. At this stage, a notarial refusal will not be required; Rosreestr officials will register the rights of the new owners based on the content of the privatization agreement.
Is it possible to challenge a privatization deal if the citizen who issued the refusal subsequently reconsiders his decision?
Doing this will be extremely problematic, since the grounds for invalidating any transactions are clearly stated in the provisions of the Civil Code of the Russian Federation. Such grounds include facts of threat or violence, misrepresentation, etc.
If these circumstances can be reliably confirmed in court, the privatization transaction may be declared invalid at the request of an interested party.
In this case, the privatization agreement is terminated, and the apartment must be returned to municipal ownership.
Refusal from privatization
Citizens have the right to refuse privatization. To do this, you need to make sure that such a decision is appropriate, know the consequences of this procedure, and the principles of its documentation.
Every person is given the chance to privatize their home once in their life.
What is a refusal to privatize?
It is important here not to confuse two concepts - reluctance and refusal. The first is that one of those registered in a municipal apartment does not want it to be privatized. Then other family members registered in the living space will not be able to register it as their property. As a result, privatization will not take place.
Refusal will not lead to such consequences. In this case, the citizen must fill out a document and have it certified by a lawyer. Then the procedure will take place, but the share due to the applicant will be distributed among other people assigned to the square meters.
Minors registered in this apartment or room are automatically included in the number of owners. They can refuse privatization only in cases provided for by law. This action must be verified and agreed upon with the guardianship department.
Refusal of privatization in favor of another person
Such a step is excluded. You cannot transfer your non-privatized part of housing to one person; it is distributed among all participants in this process.
If some unscrupulous official offers to transfer the share due to you to another citizen, know that such an act is illegal. Such a deal cannot take place.
If you want to gift one person, then you need to use other forms. First you need to become a participant in privatization. Having received his share, the citizen has the right to draw up a gift agreement together with a notary, correctly draw up and certify this document, thus resolving this issue.
Refusal of privatization - consequences
Before you decide to take such a step, you need to know what it will lead to. One person's refusal to privatize is done in favor of other co-owners. His share will go to them. But the objector will still be able to live in this room or apartment. However, you need to keep in mind that if the relationship between family members is problematic, one of them will be able to sell their share to strangers.
Although those who refuse privatization have the right to continue to live in this area, according to Art. 31 of the Housing Code of the Russian Federation, after the termination of family relations with the owner, such right to further use of the residential premises may not be preserved, unless the contrary is specified in the agreement.
A person who does not want to take part in privatization will be able to obtain ownership of housing in the future. That is, if he wants to privatize housing in the future, he has the authority to do so.
If a refusenik is in line to improve his living conditions, he will retain this right.
Having decided to refuse privatization, a person must take into account all the consequences of what he has done. He will not be able to sell or bequeath his share, but other citizens who own this living space have the right to do this.
How to formalize a refusal to privatize?
This document is drawn up in writing. To do this, you must first contact a notary in person, taking with you your housing documents and passport. The specialist will provide a form and tell you how to fill it out. After checking the document, the notary will certify it - this is a mandatory condition.
In the privatization refusal form, you must indicate personal information about the applicant, place of registration, and enter passport information.
Below is a request that the citizen not be included in the list of participants privatizing housing. This applies to both shared and common property. It is necessary to indicate the full address of the residential premises subject to privatization and the reason for refusal. Below is the number and signature of the applicant. If everything is done correctly, the notary signs and seals.
If the refusal is written by a guardian or legal representative, then, by contacting a lawyer, you must attach the court decision on guardianship and provide information about the ward.
To make it easier for you to complete this application, please read the step-by-step steps for filling it out:
- In the header, indicate to whom this document is addressed. This is usually a local authority authorized to transfer residential space into private ownership;
- write your full name, personal data, indicate the address of the privatized apartment, enter the details of your Russian passport;
- in the text of the document itself, indicate that you agree with the privatization of the residential premises, but refuse the share that is due to you by law;
- Please explain below that you understand what legal consequences this decision will lead to;
- Please sign and date it at the end.
They can be different, here are some of them:
desire to improve living conditions.
If citizens are in line to receive a room, apartment (apartments), then it is simply unprofitable for them to privatize the existing premises. When they are resettled from dilapidated or small-sized housing, they will be provided with space according to the social norm. This figure differs in different regions. It can be 18-21 square meters. m. per person, including minor children and even infants;
property tax increase.
It depends on the cost of square meters at market prices. The larger the area of the premises, the higher the tax rate. The exception is for owners who own an area of 20 square meters. m. They were freed from such financial burden;
The rental agreement stipulates that in the event of force majeure circumstances that led to the destruction of the home or its emergency condition, the authorities have grounds to provide compensation payments or other living quarters. The owners have no such help. Only insurance payment is possible if the disaster falls under the insured event;
reluctance to chip in for major repairs.
Owners of apartment buildings must raise funds for major home repairs. Residents of municipal apartments contribute money for these needs automatically; this expense item is already included in housing and communal services receipts;
reluctance to give up benefits.
When paying for utilities, authorities usually give benefits to tenants. Owners, as a rule, do not have them.
For low-income citizens in need of improved housing conditions, refusing privatization is more beneficial than taking a share or the entire premises into private ownership.
Before deciding on this procedure, you need to weigh the pros and cons. Even if you trust your family members unconditionally, no one can guarantee that the relationship will not change over the years. Legal practice knows different cases.
For example, when a grown-up son got married, and his wife was able to convince him to sell his share (and if he is the sole owner, then the entire apartment).
Then the person who refused privatization was forced to coexist with new tenants who made living together unbearable.
Before you decide to give up a possible property, you need to find out from a lawyer what the consequences may be. You can also instruct him to find a win-win option in order to continue to have the opportunity to live in his living space for life.
Refusal to participate in the privatization of an apartment
A citizen’s refusal to privatize is a statement from a person registered in the residential premises, in which he refuses to transfer ownership of his share in the apartment. The document is drawn up in writing , voluntarily and certified by a notary .
There may be many reasons for making a negative decision, and the refusal is not an obstacle to the registration of property rights to housing by other tenants.
It is important to understand that the alienation of the holder’s powers leads to a number of inevitable legal consequences , therefore, a citizen should approach this issue with special caution, having considered possible positive and negative aspects.
Reasons for refusal
Persons using an apartment on the basis of a social tenancy agreement may refuse to privatize it, while maintaining the opportunity to live in this facility and pay the costs of its maintenance.
The main reasons for citizens’ refusal to transfer ownership rights to residential premises are as follows :
- Registration of third parties in an apartment is permitted only with the consent of all tenants and the owner of the property (state or municipal authorities). For some citizens, this norm is a guarantee of respect for their rights and interests.
- If the housing is recognized as unsafe and subject to demolition, then those who live in the house, as tenants, have the right to receive a new apartment free of charge, with the possibility of subsequent privatization (Article 86 of the Housing Code of the Russian Federation).
- Increase in the amount of utility bills . Homeowners are required to pay fees for major repairs, maintenance of property and equipment of repair companies.
- The need to pay property taxes
- Elimination of the need for children to enter into inheritance .
In addition to the main motives prompting employers to refuse privatization, additional reasons for such refusal can be identified:
- illegal alterations in residential premises , and in order to privatize property, their mandatory elimination is necessary.
- Free transfer of ownership is possible only once , and many citizens do not want to hastily use this legal opportunity.
- Lack of funds, time or ability to properly complete a privatization transaction.
- Difficult relationships with other employers. To transfer ownership rights, the voluntary and mutual desire of all persons registered in the apartment is necessary.
- Everyone registered in a residential area has the right to refuse privatization, including minors.
- The refusal of such a person must be supported by a similar decision of the guardianship and trusteeship authorities .
- As practice shows, these authorities approve the refusal if it does not infringe on the rights of the child .
The spouses, Citizen R and Citizen M, decided to privatize the apartment in which they lived on the basis of a social tenancy agreement together with Citizen S and his minor son.
Citizen C refused this legal procedure; as a parent, he turned to the guardianship and trusteeship authorities to obtain permission to refuse his son. In justifying the decision, Citizen S attached documents indicating that the housing was in disrepair.
The guardianship and trusteeship authorities supported the refusal of citizen C, since the privatization of an apartment in disrepair infringes on the rights of a minor.
Citizens who participated in privatization as a minor have the right to a subsequent free transfer of ownership rights again , but after reaching adulthood.
Is it possible to refuse in favor of another person?
Refusal of privatization in favor of a certain person, for example, a spouse, children, parents, is impossible. The share of the refused citizen will be distributed among other participants in the transaction.
There are several ways to refuse to transfer rights to a property :
- Do not take part in privatization. To do this, a written notarized document is drawn up, in which it is impossible to indicate a specific person in whose favor the property is being renounced ; the share will be distributed among the remaining registered users of the housing proportionally.
- Based on a gift agreement. You can only donate an already privatized part of the apartment , since it is unlawful to dispose of property that is not personal property.
- Relinquishment of the owner's authority. A person may renounce the right of ownership by declaring this or taking any actions that indicate his desire to be removed from the owner’s capabilities (Article 236 of the Civil Code of the Russian Federation).
Even if the majority of citizens refuse privatization, the law allows you to register an apartment for one owner, including a minor citizen (Article 2 of the Federal Law of July 4, 1991 No. 1541-1).
How to formalize a refusal to privatize
The procedure for registering a refusal to privatize an apartment is as follows:
The decision must be in writing and certified by a notary.
The document is written by the citizen personally . To perform a legal action, you cannot use the services of representatives by proxy.
An application for refusal is submitted to the territorial body responsible for the privatization of residential property (city administration).
In addition to the application, the following documents :
- passport (birth certificate for minors);
- social rental agreement;
- extracts from the house register and personal account;
- decision of the guardianship and trusteeship authority if the child refuses privatization.
The notary carefully checks the reasons for the refusal, their validity and compliance with the requirements of the law. If there are no arguments for the impossibility of certifying the document, then the authorized person certifies the refusal and issues it to the applicant.
A person who wishes to refuse a transaction may declare his refusal at the time of signing by all participants of the privatization agreement. Such a decision will be recorded in writing .
An application for refusal to privatize housing must be drawn up in writing and must be certified by a notary . The notary authorities have the necessary forms to fill out. A sample application for refusal of privatization is as follows:
The application must contain the following information :
- Last name, first name, patronymic of the applicant.
- Passport details.
- Details of the birth certificate, if the citizen has not reached the age of majority.
- Place and date of birth of the resident.
- Permanent registration address.
- Data about the privatized residential premises (location, number, area, floor, etc.).
- Circumstances due to which the refusal is made.
- Data of privatization participants.
An application with the necessary list of documents is submitted to the specialized privatization authorities at the location of the property.
Upon completion of privatization, the extract from the unified state register of rights to real estate and transactions with it (USRP) will contain information about the tenant who renounced the rights of the owner.
The main consequences of refusal to participate in privatization are reduced to the following list:
- A citizen who does not take part in privatization is deprived of the opportunity to dispose of the apartment : sale, rental, inheritance by will, etc.
- The share of the person who refused is distributed among the remaining persons registered in the apartment - proportionally .
- If a citizen alienates a share in property that has already been acquired in ownership on the basis of a gift agreement , then after state registration of the transaction he is deprived of all rights to this living space.
It should be borne in mind that it is almost impossible to cancel a gift agreement , therefore, before drawing it up, it is necessary to think through all possible legal consequences.
Although after privatization the legislation established the possibility of deprivatization of housing, still if a person wants to get rid of the powers of the owner , it is easier to do this, for example, by selling an apartment.
Rights of the refuser
A citizen who refuses to privatize his share in an apartment is not deprived of certain rights to this property , namely:
- If a person refuses to participate in the privatization process, he does not lose the opportunity to live in residential premises. This right is retained even when there is a change of owners, for example, when purchasing and selling an apartment.
- The person still has the opportunity to use common property (the land on which the house is located with elements of improvement and landscaping, stairs, elevators).
- If the renunciation of the share occurred as a result of the conclusion of a gift agreement, then in order not to lose the opportunity to live in residential premises, it is worthwhile to include in the document a provision on the preservation of such a right.
A citizen who has refused privatization and retained the rights to use housing can be evicted by forced court only if he is recognized as an unscrupulous tenant .
A citizen who refuses privatization, in addition to his powers, has the following responsibilities :
- Burden of property maintenance (payment of utility bills).
- The need to maintain living quarters in proper condition, to prevent mismanagement.
- It is mandatory to respect the rights and legitimate interests of neighbors, as well as the rules for using the apartment.
A person’s refusal to privatize cannot be changed, canceled or contested, even by applying to the judicial authorities.
Refusal in favor of other privatization participants
I live in an apartment with my husband, daughter and granddaughter on the basis of a social tenancy agreement. We decided to privatize this housing, I want to refuse to participate in the transaction. But I would like my share in the property to be transferred to my granddaughter and daughter in half. Tell me how to correctly issue a refusal?
Unfortunately, it is impossible to formalize a refusal in favor of certain persons and with an exact indication of the size of shares transferred to each. If you renounce your share in written, notarized form, approving the privatization, your share will be distributed proportionally among all persons registered in the apartment.
Refusal of privatization in favor of another person in 2023 - consequences, is it possible, sample application, price
The privatization of real estate is always associated with property issues of citizens, financial interests, marital relations and other important factors.
Owning real estate is reliable protection for its owners from various kinds of financial troubles, but on the other hand, there are obligations to pay taxes and proper maintenance.
Whether or not the decision to become an owner always remains with the citizen; he has the legal right to either accept it independently or refuse it in favor of another family member. All the nuances and subtleties of this process should be discussed in more detail.
The state has granted citizens the right to become owners of real estate under the privatization program; it voluntarily transfers its right to ownership and disposal to all family members living in the apartment and other residents of the property.
Since the participants in the state program must decide whether to exercise their right or not, no one simply has the right to order them. Therefore, refusal will not be considered a violation of one’s legal rights and freedoms.
And if a citizen, for some reason, does not consider it necessary to own residential square meters or a share in the right of common ownership of real estate, transferred absolutely free of charge, then no one can force him to do the opposite.
Under the terms of the program, any potential owner may not take part in privatization, but transfer it to any other citizen registered in the property.
A justified refusal to participate cannot serve as a basis for refusing to privatize another residential premises or real estate; this right is reserved for him until he receives a share in the common law free of charge from the state.
The legal settlement of this delicate issue is spelled out in Russian legislative acts:
- The Law on Privatization of 1991, which was amended more than once, and in the final reading, it was extended indefinitely;
- the transfer of municipal or other state property is regulated by the Housing Legislation in section No. 3;
- the procedure for transferring state lands under the right of personal use and disposal is defined in the Land Acts;
- The grounds for carrying out registration actions under the right of private or shared ownership are determined by the Federal Law “On Registration...”.
The following categories of citizens can take part in the program:
- all permanently registered at the residential property address;
- those who have not yet taken part in the free transfer of real estate from the state;
- minor citizens who have already participated in the transfer of housing at the time of their minority.
Basically, citizens refuse to participate in privatization for several justified reasons:
- there is no desire to become the owner of emergency housing;
- hope to receive more comfortable housing from the state for subsequent privatization;
- transfer your property in favor of another family member;
- inability to deal with registration and registration.
A justified refusal will not be legal if the citizen has already been a participant in the transfer of property rights or he already owns a share of real estate.
The privatization of a garage in a garage cooperative is described in this article.
A distinction must be made between two legal concepts:
- refuse privatization;
- refuse to take part in the privatization process.
These are two completely different actions: in the first case, the citizen consciously and justifiably does not use the right granted to him by the state, and does not allow other citizens registered in the apartment to do so.
For these reasons, the property remains municipal property, and everyone living in it only uses residential square meters.
Such a decision must be formalized by a notary, and as a result, he declares his reluctance to have square meters under the right of private property.
But a citizen can refuse to participate in the privatization process in favor of another person, and in this case nothing prevents other residents from formalizing all rights of ownership and disposal of their existing living space. This citizen retains the right to live in this property for life.
But this action has its own nuance - the refusenik cannot transfer his right to any specific family member, this is prohibited by the Privatization Law, the property is transferred to management in shares of each registered tenant, or a certain agreement is established. And in this case, the refusal is also issued by a notary.
If a refusal is issued for a minor, this decision must be approved by the guardianship and trusteeship authorities, otherwise it will not have legal force.
What documents are needed
Since the expression of will of a citizen registered in an apartment must be drawn up in a notary’s office, the following documents should be prepared for an appointment with a notary:
- your general passport;
- a certificate from the passport office confirming registration at the property address;
- reference information on the number of persons registered in the living space;
- statement. Usually the standard sample is presented by the notary himself; it contains a request not to include the citizen in the list of participants in the privatization process of an apartment at a specific address.
How to make an application
The following information must be indicated in the refusal application form:
- personal and passport information about the refusenik;
- information about permanent registration, indicating postal address and zip code;
- full grounds for refusal and a request not to include the applicant in the list of main applicants for the transfer of housing from the state under private property rights;
- if the refusal is issued in favor of a minor citizen, then there must be a link to a document from the board of trustees authorizing these actions, his personal data and birth certificate numbers.
The application is written by the refusenik himself in the presence of a notary; if he cannot do this for objective reasons, then a notary authorized representative can write the application for him.
If an adult refuses
These rules apply to all registered adults; if, for example, a citizen who is temporarily absent for valid reasons refuses, he is also required to provide a notarized statement.
If he is in a place of serving a sentence, the application can be signed by the head of the correctional colony.
From a minor
If the child is already 14 years old, then he and his parents fill out an application with a notary, provided that the guardianship authorities have approved his actions.
If the child is under 14 years old, then the application is written for him by his legal representatives, that is, parents or guardians.
The reason for refusal may be the basis for granting him the right to participate in the privatization of other residential real estate, for example, the apartment of close relatives of his grandmother or grandfather, only in this case the guardianship authorities can give permission to obtain a refusal.
In all cases, the procedure for writing an application remains the same, just different reasons for refusal are indicated.
Consequences of refusal to privatize in favor of another person
This deliberate action has its positive and negative sides:
- who refuses to receive his share in the right of common ownership, a citizen is deprived of the right to fully dispose of his property - he will not be able to perform any legally significant actions: neither sell, nor bequeath, nor donate;
- Many people of the older generation pass on their rights to their children or grandchildren, hoping for their decency. They imply that this will make it easier for them to inherit their share. But descendants do not always act according to the law of justice, and often simply drive their elderly parents out onto the street and sell the apartment. Although they still have the right of residence, the new owner has the right to expel them from the apartment on the grounds that they are not members of his family;
- or another situation happens when children behave inappropriately, drink or use drugs, they are simply afraid that having received property, they will use it for selfish purposes, and simply force them to write a refusal in their favor.
The only consolation for refuseniks will be the opportunity to permanently reside and use the property as before, but this is of little consolation. After all, property can be bequeathed, sold or donated, and these are profitable financial transactions.
The cost of notary services may vary, but on average the cost of completing a notarized application will be 200 rubles. for technical execution, + 500 rubles for checking the legal subtleties in filling out the refusal. In the city of Moscow, the cost of the service can be 1 thousand rubles.
Is it possible to cancel
What is the meaning of the statement? Properly executed and certified by a notary, it is transferred with the entire package of documentation for registration of property rights to Rosreestr, and if the rights have already been registered, then nothing can be done.