Forced privatization of an apartment through the court: documents, statement of claim, judicial practice 2023

The process of privatizing an apartment as a whole can be carried out either in the usual manner or by going to court. To file a statement of claim, you must have a basis, otherwise the court will simply not accept the claim. Thus, privatization of residential premises through the court is possible, at a minimum, on the following grounds:

• one of those registered does not agree to privatization;
• in case of forced privatization;
• establishing the right to privatization;
• in case of recognition of privatization as invalid or illegal;
• if privatization is canceled (deprivatization);
• privatization of housing for military personnel.

To consider a statement of claim (claim) in court, evidence is required to confirm its validity.

Cases regarding the recognition of both the right to privatization and the right of ownership of privatized housing are resolved in court. When filing a claim for recognition of rights, the applicant tries to prove that he can privatize the residential premises.

In this case, the citizen proves the fact of non-participation in the privatization of property earlier, the fact of living in the premises under a social tenancy agreement, and so on.

If the claim contains a request for recognition of ownership of an apartment through privatization, then we are talking about a situation where the owner of the property refused to transfer such property to the citizen into his ownership. It is worth noting that the courts satisfy both types of claims, but only if there is appropriate evidence. Otherwise, the application will be refused.

Thus, the recognition of the right to privatization and the right of ownership of an apartment are different and imply different grounds for going to court.

Before filing a claim in court, it is necessary to try to resolve the issue of recognition of property rights in a pre-trial manner. To do this, you need to contact the owner of the property with a statement (with the relevant documents attached) of your intention to privatize the residential premises.

In case of refusal for any reason (often this is related to issues of inheritance or transfer of housing into municipal ownership), you must go to court, providing a written refusal (along with your application) as evidence of an attempt to pre-trial resolve the issue.

It is also worth considering that in order to go to court, you must have proof of ownership of the apartment. The owner’s refusal must be unreasonable, violating the right, which must be proven in court.

You should not despair after a negative response from the owner, since it may be the basis for starting a lawsuit if the right has actually been violated and there is sufficient evidence to support it.

Otherwise, the procedure for filing a claim (with the attachment of relevant documents) and the process itself do not differ from similar legal proceedings.

The grounds for refusal of privatization by the court can be divided into two categories.

• The first is that the court has the right to refuse a claim for formal reasons. That is, if the claim is incorrectly filed, there are no attached documents, and so on, then the court may not accept such a document for processing.
• The second category implies refusal in case of non-compliance with the law or failure to prove the facts set out in the claim. For example, if the status of the premises does not allow privatization or the right to participate in the privatization of the apartment has not been proven.

Judicial refusals of privatization are not a rare phenomenon, therefore the preparation of a claim and the search for evidence must be approached with special care.

To prevent procedural errors, a citizen must carefully study procedural legislation or hire an appropriate specialist.

To make it clearer how things work in practice, let’s consider a specific case. A woman filed a claim in court for forced privatization of her residential premises.

Her ex-husband was the defendant.

The residential premises are a two-room apartment in which both the plaintiff and the defendant, as well as their adult daughter and young granddaughter, are registered.

abuses alcohol, damages property, behaves provocatively, which does not allow creating normal living conditions and proper upbringing of a young child. The apartment itself was not privatized, and none of those living in this apartment took part in the privatization of any other housing.

In her statement, the woman insisted on obliging the defendant to privatize this apartment. At the same time, she resolutely confirmed her request in court.

In turn, the defendant refused to consent to privatization. In court, the ex-husband of our heroine confirmed her allegations.

He said that he does not want to privatize this apartment and he is completely satisfied with the fact that the housing in which he lives is in municipal ownership.

All participants in the trial, with the exception of the defendant, fully shared the plaintiff’s opinion, supported her morally and longed for a fair decision from the court.

What is the conclusion, and most importantly, what is the court’s decision? The court, having examined all the materials in this case, having listened to all parties, including testimony, comes to the conclusion that the claims to oblige the privatization of residential premises are not based on the law, and therefore cannot be satisfied.

Drawing up and filing a statement of claim does not guarantee that the court will allow privatization. Refusals also occur, most often due to the fault of the plaintiffs themselves.

Here are some common reasons for refusal:

1. The employer made an illegal redevelopment.
2. The documents are no longer valid or are not original.
3. Availability of debt for housing and communal services.
4. The plaintiff has already attempted free privatization of housing.
5. The applicant owns an apartment or house (for example, under a gift agreement, inheritance, lottery winnings).

Most of the violations due to which the court refuses privatization are easily eliminated. The most important thing is not to delay solving the problem. For example, if you have a debt for housing and communal services, deposit the required amount, and then get a certificate of no debt.

If the amount is too large, try to agree on installment payments. It is advisable to immediately carry out restructuring - then the utility companies will meet you halfway.

Read in what cases and when the usual privatization of an apartment is refused.

Forced privatization of an apartment has many features. The courts take into account the nature of family relationships, housing rights, timely payments, and preservation of property in the apartment. If there are no obstacles, the plaintiff will receive the right to transfer the housing into private ownership. Otherwise there will be a refusal.

The woman filed a statement of claim asking for permission to privatize a 2-room apartment. The defendant was the woman's ex-husband. In addition to the spouses, their adult daughter and grandson had registration.

The woman indicated that her daughter was undergoing treatment for drug addiction; the guardianship authorities filed for deprivation of parental rights. The negligent mother does not live in the 2-room apartment, and her daughter is being raised by the plaintiff. The divorce from her husband happened due to the fact that the man did not have a job and abused alcohol.

The apartment is not privatized, the plaintiff does not own alternative housing. The spouse is against privatization and therefore does not give his consent. The woman's claim is to allow her to privatize a 2-room apartment without the consent of her ex-husband.

But after studying all the circumstances of the case, the court rejected the claim. Explanation: the plaintiff violated the main condition of Art. 2 of the Federal Law “On Privatization...”, which states that privatization is possible only with the consent of ALL persons registered in the apartment.

The spouse, although former, had registration, so his refusal makes it impossible to privatize the housing.

To the Oktyabrsky Federal District Court

• Ekaterinburg
• Defendant: City Administration
• Ekaterinburg
• 620014, Ekaterinburg,

Lenin Ave., 24-a

Third party: FGUPSU

"Ural Military District 353 Concrete Concrete Plant"

Ekaterinburg, st. Testers, 1

The law does not stipulate in any way the reasons why anyone living in an apartment may refuse to privatize it; in other words, if someone does not want to register it as their property, then they are not required to motivate their refusal.

1. Thus, if the apartment is municipal, it is impossible to force one of the residents to privatize it through the court or in any other way.
2. An apartment owned by the municipality in the public housing stock can be privatized only with the consent of all residents living in it, and the consent must be absolutely voluntary; the disagreement of one or more family members makes privatization impossible.
3. In cases where a municipality goes beyond its powers and issues an illegal refusal, forced privatization of municipal housing is possible.
4. The most common situations of illegal refusal are:

• the refusal was issued to a citizen living in a residential building on the basis of a social tenancy agreement (violation of Article 2 of Law No. 1541-1);
• the apartment is classified by the municipality as a service apartment, in reality it is not, but privatization was refused (violation of Article 4 of Law No. 1541-1);
• the transfer to personal ownership of a separate room in a communal apartment was refused (Article 4 of the same Law).

• the apartment underwent uncoordinated redevelopment;
• the documents attached to the application have already lost their validity;
• there is arrears for housing and communal services;
• when registering the premises, false documents were used or false information was deliberately provided;
• The plaintiff has already taken part in a similar procedure.

Reasons for going to court

Initially, privatization is considered a voluntary procedure. Residents of a municipal apartment express a desire to become homeowners, after which they submit an application to the local administration. Everything would be fine, but consent still needs to be obtained. Practice shows that not all relatives strive to become participants in privatization. There are a huge number of reasons - from personal grievances to financial difficulties.

In what cases can an apartment be privatized in court:

• lack of consent of one or more residents;
• the apartment building is not listed in the real estate register;
• the administration or government body refuses privatization;
• the tenant abandoned his share in favor of other tenants;
• the tenant is listed as missing;
• The plaintiff wishes to carry out resettlement.

The reasons may be different, but the essence is the same - standard privatization is not possible. The plaintiff must provide evidence of this fact. For example, a written complaint to the administration, refusal to provide an apartment, testimony of relatives.

Privatization of municipal housing is regulated by Federal Law of the Russian Federation No. 1541-1 “On Privatization...”. According to which, real estate is transferred from the municipality to the tenant absolutely free of charge, provided that all parties agree to re-register ownership. However, there are conditions when privatization is possible only through the courts, namely:

• the municipality does not consent to the re-registration of property rights;
• there is a refusal of at least one of the residents registered in this apartment;
• one of the registered citizens went missing.

Read how to privatize an apartment if one of the residents does not agree?

If regular privatization is impossible, interested parties have the right to seek judicial protection (Article 3 of the Code of Civil Procedure of the Russian Federation). But for this you need to have good reasons, otherwise the court will simply leave the claim without progress.

Any person living in an apartment under a social tenancy agreement can obtain ownership of it by concluding an agreement with the municipality, while only one residential premises can be privatized.

There are cases when obtaining property rights to housing in the usual way is impossible for a number of reasons, for example:

• the legal status of the apartment is disputed;
• the building where the residential premises are located is not in the Unified State Register;
• there is no consent to privatization from all family members.

To go to court, the following package of documents is required:

• photocopy of passport;
• an extract from the house register or a certificate from the management company about the composition of the family;
• social tenancy agreement (photocopy);
• if the apartment was remodeled, then a certificate from the BTI.

Sample claim

The statement of claim is filled out strictly according to the sample; the following data is required to be included:

• details of the court to which the petition is submitted (name, location);
• personal data of the applicant (last name, first name, patronymic and actual address);
• designation of the defendant (the authority that refused privatization);
• listing the rights that were violated by the defendant and the demands;
• motivation for the defendant’s wrong (documentary evidence and testimony);
• personal signature of the plaintiff.

Required papers

In order to carry out forced privatization, the following package of documents must be submitted to the court:

• copies of the passport of each person who has a residence permit in the territory of the specified housing;
• birth certificates of each minor who has a residence permit in this apartment;
• extract from the house register;
• a social tenancy agreement drawn up with the state;
• a certificate confirming the legality of housing redevelopment (if such a procedure was carried out);
• a certificate confirming the privatization of housing by the applicant for the first time;
• a notarized renunciation of their property rights or death documents of those persons who have a residence permit in this housing, but do not participate in the privatization procedure.

Also, along with these documents, you need to submit a statement of claim, which is drawn up in accordance with the requirements prescribed in Article 131 of the Civil Procedure Code.

In particular, the application must contain the following information:

• full name of the judicial institution to which the claim is filed;
• the applicant's residential address;
• the name of the government body that issued the refusal of the right to receive housing;
• a list of the plaintiff’s rights that were violated, indicating the requirements for their restoration;
• a list of evidence confirming the unlawfulness of the defendant’s actions;
• a list of documents that are attached to the application;
• applicant's signature.

It is worth noting that the standard claim form must be completed without any errors, otherwise it may be rejected.

How to privatize an apartment through the court?

Privatization through court: sample statement of claim, practice

As a general rule, the transfer of residential premises into the ownership of citizens from the municipality occurs through administrative means.

That is, the applicant collects the necessary certificates, submits an application to the administration staff and then registers the right through the MFC. However, when officials refuse, the only option left is privatization through the courts.

When it is needed, what is needed for this and whether it is worth contacting it at all, we will consider today.

In what cases is it necessary

The procedure for forced privatization of an apartment through the court is required if officials of the local municipality, after considering the application, refused to transfer the housing to the residents on the right of ownership.

Important! Privatization through the court is not an alternative to conventional privatization, but a way to eliminate violations of rights committed by department employees.

This means that in order to go to court, you must first submit an application for privatization of housing to the municipality (BTI, MFC - each region has its own procedure) and receive a written refusal. If this is not done, the court will refuse to satisfy the application, because the rights of the tenants have not yet been violated.

If you receive a refusal, pay attention to the reasons for such a decision. Officials describe in detail why privatization is now impossible. And if the reason is not compelling enough, it makes sense to correct the package of documents and simply resubmit it again rather than resolve the issue through the court.

In what cases is it premature to seek judicial protection:

• the package of documents is incomplete - for example, refusals of participants from privatization were not submitted along with the application;
• errors were made when drawing up documents - for example, the refusal of privatization was drawn up on a regular sheet of paper and was not certified by either a notary or an administration employee;
• there is no consent of one or more residents - for example, the application is signed only by the tenant, and there are no signatures of other residents;
• there is a problem tenant who does not give consent or refusal, or the person does not get in touch - then you first need to resolve the issue with him (for example, evict him through the court), and only then apply for privatization of the apartment;
• utilities have not been paid, and the debt is large - the court will definitely refuse privatization, so the debts must first be repaid;
• illegal redevelopment has been carried out - first you need to legalize the new configuration of the apartment.

However, when the administration’s refusal is clearly unfounded, privatization is required by court. Our online lawyer will help you decide whether in your case there is a need to go to court with a refusal or whether you can do it in other ways. Write your question in the online chat window.

Costs: is it worth going to court?

Before proceeding with the forced privatization of an apartment through the court, calculate the time and financial costs of the procedure.

In terms of time, the judicial consideration of the application will take at least 2 months, if the case is not difficult.

As a rule, meetings are postponed many times so that the administration has the opportunity to defend its position, so you need to aim for about six months.

The rendered court decision receives legal force after another month. These 30 days are available for an appeal to a higher court.

In terms of money, the cost depends on the circumstances of the case and the applicant’s internal confidence that he is right. Costs of privatization through the court include:

• The state fee is 300 rubles, regardless of the type of requirement.
• Legal costs if the plaintiff cannot cope on his own. This can be either a turnkey representation (from 10,000 rubles or more), or one-time legal services - consultations, document development, one-time legal representation. The more complex the case, the more money you will have to spend to solve it.
• Notary Services. Certification of the representative's power of attorney will be required - approximately 1000 rubles.
• Expenses for forensic examination. They are very rare in privatization cases, but if the question is raised about the authenticity of someone’s signature, then an examination cannot be avoided. The amount is approximately 7,000 rubles and more.

To save time and money, we recommend preparing the entire package of documents in advance, rather than postponing the collection of certificates until later.

Attention! It is worth going to court if the reason for the administration’s refusal cannot be eliminated on its own.

Step-by-step instructions for privatization through the court

The procedure for privatization through the court includes several steps. You must go through them sequentially in the order in which they are given below:

1. Receive a written refusal to privatize from the administration.
2. Collect a package of documents - future attachments to the statement of claim.
3. Write a statement of claim.
4. Submit documents to the court in 3 copies.
5. Participate in court hearings in person or with a representative.
6. Get a court decision.

After the court makes a decision, you need to act depending on what is written in it. If you were asked to recognize ownership, you can go to the MFC and register the privatized apartment in your name. If you asked to recognize the refusal as illegal and force the administration to conclude an agreement, you should contact the municipality. The text of the decision will depend on the plaintiff's request.

Step 1. Receive a written refusal to privatize

Only after receiving a written refusal from the municipality can one proceed to privatization by court decision. Without this paper, the court will refuse to consider the case, since it will consider the right not to have been violated.

In some cases, there is no other option than to privatize an apartment through the court. This is typical for official housing, when the department simply does not provide for the appropriate procedures. Then you also need to receive an official response from the department, on the basis of which you will have the right to go to court.

For example, the privatization of military housing through the courts can begin with a letter from the Ministry of Defense.

Attention! If the municipality does not issue an official refusal, without motivating it in any way, and at the same time does not carry out privatization, you can go to court without this evidence. Then the statement of claim must indicate the date of submission of documents for privatization and the fact that officials evaded issuing a refusal.

Step 2. Collect the necessary documents

In addition to the written refusal, the following evidence will be needed to privatize an apartment through the court:

• social rental agreement;
• extract from the Unified State Register for the disputed apartment;
• technical plan with explication;
• certificate of absence of debt on utility bills;
• certificate of registered family members;
• certificates of non-privatization for each participant;
• copies of passports and birth certificates of privatization participants;
• application for privatization, which was submitted to the administration (BTI, MFC), with an incoming stamp;
• refusals to privatize (if they persist).

The list practically repeats the list of documents for regular privatization, since the court will re-check whether there is even a right to privatize housing and how justified the refusal was. Additionally, other evidence may be needed. For example, if a child refuses privatization, permission from the guardianship authorities is required.

Attention! If some documents are not on hand, because they were transferred to the administration as attachments to the application, this should be indicated in the statement of claim. The court requests documents directly from the department.

Step 3. Fill out a sample statement of claim

The statement of claim is the key document of the entire legal process. The tactics of the trial and the court decision depend on how it is written. First of all, you need to decide on the requirement that is written in the petition part. There are three main options.

Requirement	Consequences
On recognition of the right to privatize residential premises. Download sample	In this case, the plaintiff asks the court to recognize that the plaintiff has the right to carry out an administrative procedure. If the claim is satisfied, you will need to contact the municipality to conclude a privatization agreement and then register the property
On recognizing the refusal to privatize as illegal. Download sample	This requirement usually goes in conjunction with the first. The plaintiff asks the court to consider the validity of the refusal and declare it inconsistent with the law. If the claim is satisfied, as in the first case, you will need to go to the municipality again to conclude an agreement for the apartment. Often supplemented by a requirement to compel the conclusion of a privatization agreement
On recognition of property rights through privatization. Download sample	Here, the plaintiff, bypassing administrative procedures, asks the court to immediately recognize him as the owner. Such a requirement must be supplemented with a request to indicate in the decision that it is the basis for making a registration entry in the Unified State Register. With such a decision in hand, you can immediately go and register the apartment in your name, without wasting time concluding an agreement with the administration

Which exact requirement to make depends not only on the desire of the plaintiff, but also on judicial practice in the region, as well as on the wording of the refusal. You can find out which claim is best to submit in your case during an online consultation with our lawyer.

Step 4. Pay the fee and submit documents

Recognition of the privatization of an apartment in court is subject to a state duty, regardless of the substance of the claim. The amount is 300 rubles, you need to pay according to the details of the court that will hear the case.

The district court is chosen according to the address of the disputed housing. Moreover, if the administration is geographically located in another area, the rule on filing at the location of the defendant does not apply.

You should create three packages of documents - for yourself, the defendant and the court. Two packages are transferred to the district court office, from where employees will send materials to opponents by mail. You need to keep one package for yourself so as not to get lost in the case materials. All documents must be taken with you to each meeting.

Step 5. Attend court hearings

Privatization through the court will consist of the following stages:

Stage	A comment
Acceptance of documents for consideration	After accepting the documents within 5 days, the judge will review them and decide whether the claim can be accepted for proceedings. If there are any shortcomings, he will describe what needs to be corrected and the time frame for this, usually several weeks.
Case preparation	A face-to-face meeting between the judge and the parties, at which positions and arguments are clarified. The judge will tell you what additional needs to be brought to consider the issue.
Trial on the merits	At a trial, the parties speak, evidence is examined, and questions are asked. It is at this stage that the factual circumstances are examined - all evidence must be disclosed and arguments presented. The review may take approximately six months, but not less than 2 months.
Adjudication	The court makes a decision on the requirement that was indicated in the claim. After this, you have one month to challenge it on appeal. Whether it is worth challenging depends on the circumstances of the case.
Entry of a court decision into force and its execution	The decision becomes valid either one month after it is made, or on the day the appeal ruling is adopted. After this, you can act in accordance with its text - go to the municipality or immediately register your rights.
Conclusion of an agreement with the administration	If you asked to recognize the refusal as illegal or to recognize the right to privatization, then you need to conclude an agreement with the administration. If you were asked to recognize ownership, you can skip this step.
Registration of rights in the Unified State Register of Real Estate	You can submit documents for registration through the MFC; Rosreestr no longer accepts them directly. To register, you will need a privatization agreement or a court decision, depending on the requirement, as well as payment of a fee of 2,000 rubles.

You can act personally, together with a representative, or by entrusting the conduct of the case to an attorney. The representative must have a notarized power of attorney.

After receiving an extract from the Unified State Register of Real Estate with a record of the new owner, privatization through the court is considered completed.

Reasons for judicial refusal. Arbitrage practice

Judicial practice shows that the court may refuse an applicant for the following reasons:

• The plaintiff does not have the right to privatization, since he has previously purchased another property using a similar procedure. Let us remind you that the right to privatization is given once in a lifetime, with the exception of minors. Children can privatize twice - once before the age of 18 and once after.
• The housing is not municipal, but service or flexible. Then a transfer from one category to another will be required. The issue is complex and largely depends on regional rules.
• The housing is in disrepair. The tenant of an emergency apartment has the right to renew the social tenancy agreement for another housing and then privatize it.
• There are no documents confirming the plaintiff’s right to use the housing. For example, if a social tenancy agreement or a move-in order is lost, you first need to restore them.
• There is no consent or refusal from other residents. All adults living in the apartment must express an unambiguous attitude towards privatization - take part in it or refuse. If one of the residents ignores the process or does not get in touch, it will not be possible to consider the case without him. It is necessary to either resolve the conflict with him or evict the citizen through the courts.

There are other nuances of practice, especially when an ordinary task is complicated by life circumstances. For example, through the court you can not only privatize an apartment, but also forcefully exchange it. In order for the exchange through the court to take place, you need to present the judge with ready-made travel options. Read more about exchanging an apartment and how to support your position before a judge at this link.

Statute of limitations

The limitation period depends on the type of claim that is presented in the statement of claim. The shortest period for appealing the municipality’s refusal itself is three months. If a claim is made for recognition of the right, the period will be 3 years. You need to count from the moment of refusal.

The court cannot independently apply the statute of limitations, so even if it is missed, you need to file a claim. Together with him, you should apply for the restoration of the deadline, especially if it was missed for valid reasons - for example, the municipality did not issue a written refusal for a long time.

The editors of our portal do not recommend delaying filing a claim. However, if there is only one day left and the court has already closed, you can submit documents by mail. The date of submission of the package of documents will be the date of sending the postal parcel. It is better to send with an inventory.

conclusions

So, privatization of housing through the court has a variety of options and grounds that need to be included in the statement of claim. There are a few key points to remember:

• in order to carry out privatization through the court, it is necessary to obtain a written refusal from the municipality;
• sometimes privatization through the court is the only option, especially if the housing is for official use and there is no suitable privatization procedure;
• the documents required are the same as for privatization, plus a written refusal;
• state duty - 300 rubles for judicial review and 2,000 rubles for registration of rights, if the claim is satisfied;
• the requirement that must be asserted in a statement of claim depends on the characteristics of regional practice and the current situation.

Dear readers! The article includes general issues of privatization through the courts. The legislation is multifaceted and constantly changing, so we recommend that you seek help and resolve complex issues from our online lawyer.

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General information about the privatization procedure under a social tenancy agreement can be found at this link.

Privatization through court 2023 - apartments, dormitories, military housing, statement of claim, what documents are needed

Every person wants to purchase a property for free. But such an opportunity existed only in Soviet times, when apartments were provided on social rental terms.

In 1991, a coup took place, after which it became possible to privatize property into private ownership.

General provisions

• Almost every person can go through the privatization procedure if he has a social tenancy agreement in his hands.
• Current legislation restricts citizens from privatization only if they received real estate after March 2005.
• But even now it is possible to find a loophole in current legal acts and tactfully clarify your point of view.
• The resolution on the impossibility of registering real estate as a property under contracts of a different nature contradicts the current Constitution, which cannot be the case in principle.

Therefore, any property can be privatized, even under other agreements.

The current legislation states that privatization cannot be carried out in a dilapidated building, as well as in a closed military territory.

It is also impossible to carry out actions aimed at privatizing official real estate.

The right to register real estate as a property

Every individual who does not have property has the right to register a property. If the object is transferred to him on the terms of free use, then he also does not have the right to exercise the right to privatization.

Additionally, a legal entity with less than 25% of assets can exercise the right to privatization.

What objects are subject to?

In accordance with current legislation, almost all state and municipal real estate transferred under a social rental agreement are subject to privatization.

The action can be directed to register any residential property. Privatization of departmental real estate is also possible.

Also include here the impossibility of privatization of the following objects:

• which require major restructuring;
• reconstruction;
• demolition;
• modernization in the future;
• is an architectural monument.

Normative base

The following legal acts regulate all actions regarding privatization:

• Federal Law 12/21/01 No. 178 - here there is an opportunity to become familiar with the concept of privatization, terms of provision and cost;

How to privatize an apartment through the court?

The procedure for transferring an apartment into private hands is not always simple. That is why judicial procedures to carry out privatization. This can happen for various reasons, that is, there are certain grounds that give the right to appeal to the judiciary.

In addition to the application to the court, you must provide:

• documents that are attached to any legal process, as well as those specific to this type of case ;
• evidence in the case.

Citizens sometimes face the problem of refusal of privatization by one of the users of the apartment registered in it. In this case, the situation becomes more complicated, however, it is possible, under certain circumstances, to recognize the right to use the apartment of the refusing person as lost.

If the court accepts evidence on this basis, then further privatization will occur as usual . It is also not uncommon for military personnel to claim recognition of their ownership of an apartment.

Basically, the difference from the usual process lies in the package of documents provided.

In court, it is possible to recognize both the right to privatization and the right of ownership of an apartment.

In addition, do not forget that forced privatization of an apartment is not provided for by law. There is also the possibility of deprivatizing the apartment.

It occurs in cases of violation of the property transfer process.

In all of the above cases, the court may give a negative answer . There are both procedural reasons for this and reasons related to the essence of the stated requirements.

Grounds for privatization of residential premises through the court

The process of privatizing an apartment as a whole can be carried out either in the usual manner or by going to court . To file a statement of claim, you must have a basis, otherwise the court will simply not accept the claim. Thus, privatization of residential premises through the court is possible, at a minimum, on the following grounds :

• one of those registered does not agree to privatization;
• in case of forced privatization;
• establishing the right to privatization;
• in case of recognition of privatization as invalid or illegal;
• if privatization is canceled (deprivatization);
• privatization of housing for military personnel.

To consider a statement of claim (claim) in court, evidence is required to confirm its validity.

In addition to the statement of claim itself, it is necessary to submit a number of documents to the court that prove the correctness of the position set forth in the claim. Thus, the following documents will need to be submitted to the court:

• identification document of the applicant;
• document of title for the privatized apartment (social tenancy agreement, etc.);
• cadastral passport;
• technical passport of the apartment;
• receipt of payment of state duty;
• a certificate stating that the applicant has not previously participated in privatization.

• This list is approximate , as it must be supplemented with evidence on the specific basis for filing a statement of claim.
• When filing a claim, you must attach copies of these documents , but at the trial itself you must provide their originals .
• In addition, the judge may request other documents, but it is still best to prepare yourself in advance and collect all the evidence in favor of the arguments specified in the application.

How to privatize an apartment if one of the registered ones is against

When privatizing an apartment, a situation may arise that one of those registered in the specified housing, for one reason or another, does not want to participate in privatization . According to Art. 2 of the Law of the Russian Federation dated 04.07.

1991 No. 1541-1 “On the privatization of the housing stock in the Russian Federation”, it is possible to acquire ownership of housing within the framework of privatization only with the consent of all those who have the right to privatize the specified apartment.

Thus, if one of these persons disagrees, privatization becomes impossible .

In this situation, you can go to court if such a person does not live in the privatized apartment.

In this case, it can be recognized in court as having lost the right to use under the contract in connection with leaving for permanent residence in another residential premises.

If the court satisfies the claim, the person who refused to participate in privatization is deregistered from the apartment (discharged) and privatized in the usual manner.

However, in the process of considering a claim, judges will focus on the following factors:

• the reason and duration of the person’s residence in another residential premises;
• the citizen moved out of the apartment either forced or voluntarily;
• departure from housing is temporary or permanent;
• whether the person had any obstacles to living in the apartment;
• whether the citizen has the right to use other residential premises;
• whether he pays utility costs and makes payments under the contract for residential premises.

In order to convince the court of the correctness of the arguments specified in the claim, it is necessary to provide your own arguments and, if possible, evidence for all of the above factors.

Privatization of housing by military personnel

The procedure for privatizing housing for military personnel is somewhat different from the similar procedure for ordinary citizens.

The main difference is that in most cases housing is provided by the Ministry of Defense of the Russian Federation.

In this regard, at the very beginning of the process of transferring residential premises into military ownership , it is necessary to clarify the specific body that owns the occupied apartment.

In case of refusal to provide ownership of an apartment, a serviceman has the right to go to court.

In this case, it is necessary to prepare a statement of claim with all the necessary documents attached.

There is positive judicial practice for this type of case, so it is worth treating the trial as a form (method) of obtaining ownership of an apartment.

Documents to court

The package of documents to the court provides the same set as during privatization in the usual manner, but has some new items that are related to the specifics of the type of court cases under consideration. Thus, in order to consider the case in court, the following must be attached to the claim:

• identification document;
• documents for the apartment from the Cadastral Chamber and BTI (cadastral and technical passports);
• social rental agreement;
• a document confirming non-participation in privatization earlier;
• extract from the service record;
• extract from the order of dismissal from service;
• an extract on the presence or absence of property;
• receipt of payment of state duty.

As stated earlier, when filing a statement of claim in court, a citizen must attach copies of the documents necessary to consider the case. In this case, their originals are provided at the court hearing.

both the right to privatization and the right of ownership are resolved in court .

When filing a claim for recognition of rights, the applicant tries to prove that he can privatize the residential premises.

In this case, the citizen proves the fact of non-participation in the privatization of property earlier, the fact of living in the premises under a social tenancy agreement, and so on. To confirm these facts, it is necessary to provide relevant documents.

If the claim contains a request for recognition of ownership of an apartment through privatization, then we are talking about a situation where the owner of the property refused to transfer such property to the citizen into his ownership. It is worth noting that the courts satisfy both types of claims, but only if there is appropriate evidence . Otherwise, the application will be refused.

Thus, the recognition of the right to privatization and the right of ownership of an apartment are different and imply different grounds for going to court.

Before filing a claim in court, it is necessary to try to resolve the issue of recognition of property rights in a pre-trial manner . To do this, you need to contact the owner of the property with a statement (with the relevant documents attached) of your intention to privatize the residential premises.

In case of refusal for any reason (often this is related to issues of inheritance or transfer of housing into municipal ownership), you must go to court , providing a written refusal (along with your application) as evidence of an attempt to pre-trial resolve the issue.

You should not despair after a negative response from the owner, since it may be the basis for starting a lawsuit if the right has actually been violated and there is sufficient evidence to support it.

Otherwise, the procedure for filing a claim (with the attachment of relevant documents) and the process itself do not differ from similar legal proceedings.

Forced privatization of an apartment through the court

The legislation does not provide for the possibility of forced privatization in the event that one of the residents entitled to this refuses to participate in this transaction.

If it is impossible to resolve such a situation through extrajudicial methods and the people living in the apartment do not want to sign an application to refuse privatization, then the person who wants to privatize the apartment has only one option - going to court .

A positive decision on the claim by the court is possible only if the applicant proves the loss of the right of the refusing persons to use the apartment. However, this requires evidence and a serious reason. For example, such a person should not live in an apartment, not pay utilities, and so on.

Only if these facts are proven, the court can recognize the loss of the right to use and reside in residential premises. After this, the applicant can begin the standard privatization procedure, thereby “bypassing” the dissenter .

Not all such claims are satisfied by the courts, as the requirements for evidence . Particular attention must be paid to collecting evidence.

Cancellation of the privatization of an apartment through the court is possible , but recognition of its invalidity can only be on the following grounds:

• one of the residents of the apartment did not participate in privatization (provided that he had not previously used this right in relation to other housing);
• one of the participants exercised the right to privatization again;
• the minor living in the apartment did not participate in the agreement;
• illegality of the procedure (including the lack of signature rights of the person, registration using forged documents);
• recognition of one of the participants as incompetent, misrepresentation, making a transaction under pressure, and so on.

Example

Semenov V.A. lives in an apartment with his relatives. Having returned from a long-term business trip, he learned that during his absence, other family members had formalized the privatization of an apartment, in which he was not included.

Semenov appealed to the court with a request to cancel the privatization, since he has the right to privatization, like the rest of the residents, but did not participate in it. The court, having examined the case materials, came to the conclusion that Semenov, who had the right to do so, did not participate in the privatization.

Privatization was canceled by a court decision.

The concept of abolition of privatization is absent in the legislation , as well as its deprivatization. Accordingly, the law does not specifically regulate the procedure for their implementation.

However, lawyers understand the abolition of privatization as recognition of its invalidity in court.

In addition, it is necessary to understand the difference between the concepts of “cancellation of privatization” and “deprivatization” . General provisions related to the deprivatization of residential premises are contained in Art. 9.1 of the Law of the Russian Federation of July 4, 1991 No. 1541-1.

This concept means the transfer of a previously privatized apartment into ownership of the relevant state or municipal body (former owner) with the conclusion of a social rental agreement.

Deprivatization is possible under the following conditions:

• the transferred housing is the only place of permanent residence;
• there are no encumbrances imposed on the residential premises;
• there is no redevelopment;
• other persons are not installed.

Judicial procedure for invalidating a privatization agreement

Any citizen who believes that his rights have been violated can file an application with the court The court considers the claim with all the evidence.

In case of refusal of satisfaction, privatization is not cancelled .

If the court makes a positive decision, then the privatization is declared invalid, the contract is canceled and the apartment returns to the ownership of the relevant municipal or state body (former owner).

The courts recognize privatization as invalid , but this happens only if facts of violations in the process of its registration have been identified and proven .

Grounds for the court's refusal to privatize

The grounds for refusal of privatization by the court can be divided into two categories .

• The first is that the court has the right to refuse a claim for formal reasons. That is, if the claim is incorrectly filed , there are no attached documents, and so on, then the court may not accept such a document for proceedings.
• The second category implies refusal in case of non-compliance with the law or failure to prove the facts stated in the claim. For example, if the status of the premises does not allow privatization or the right to participate in the privatization of the apartment has not been proven.

Judicial refusals of privatization are not a rare phenomenon , so the preparation of a claim and the search for evidence must be approached with special care.

To prevent procedural errors, a citizen must carefully study procedural legislation or hire an appropriate specialist.

There are often cases where it is impossible to privatize in the usual manner, which is why citizens have to turn to the judicial authorities to resolve the issue. The judicial process has its own rules, following which should lead to a positive result.

Basically, people go to court either for recognition of the right to privatization and ownership of an apartment, or for the restoration of their violated rights. In any of these situations, it is necessary to pay special attention to the statement of claim, as well as evidence in the case.

How to privatize an apartment if one of the residents does not want to participate in privatization?

I live in an apartment under a social tenancy agreement. Several other people live with me, but one of them does not agree to the privatization of housing, because he wants to participate in the privatization of another apartment. How is it possible to register ownership of an apartment despite the refusal of one of the residents?

Answer

Forced privatization is not provided for by law, so you cannot force a tenant to participate in this process. It is only possible to prove in court that the person refusing does not live in the apartment and does not pay the costs of its maintenance. If the court finds the arguments justified, such a person is considered to have lost the right to use the apartment, and you can privatize the residential premises in the usual manner.