How to privatize an apartment if not everyone agrees

It so happens that relatives or previously close people who do not communicate for a long time and do not even intend to establish relationships with each other remain connected by a common living space. At the same time, each of those living in it has the right to privatize a share of this area, but not everyone wants to use it. As a rule, this happens due to malicious intent, when certain entities, creating unbearable conditions for living together for the remaining residents, use the entire living space or demand some additional conditions for themselves, for example, payment of all utilities for their stay.

Such a case is possible when there are several owners of municipal or state residential premises and some of them refuse to exercise their right to privatize this housing. A rather difficult situation arises.

And although there is an opinion that in such cases forced privatization through the court is necessary, it is quite difficult to resolve the issue in court.

Case from practice

In court, our heroine’s ex-husband 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. To the questions asked by the judge why the defendant did not want to privatize the apartment, because it would make life easier for his granddaughter (the emphasis was on a sense of conscience towards a young child), the defendant said that he simply did not want to, without giving any reasoning.

As for the behavior of both the defendant and our heroine’s daughter, the data set out in the statement was fully confirmed by the court. 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.

What does the law say?

 

Therefore, based on the analysis of the above law, the following conclusion can be drawn. Housing located in the state housing stock can be privatized only with the consent of all family members living in this residential area. At the same time, family members must express a desire to privatize it and they must do this voluntarily. Forced privatization of an apartment is unacceptable.

It is also worth understanding that the legislator has not identified or stipulated the reasons why one of the family members may refuse to privatize housing. His motives could be absolutely anything. Simply put, if one family member declares in court that he does not want to privatize, he does not need to explain the reason for the refusal.

It was from this provision in the legislation of the Russian Federation and from compliance with the principle of voluntariness that the court proceeded in the case considered above. The disagreement of one of the family members, and in our case the defendant, makes privatization of the apartment impossible.

Behavior strategy

The next strategy is to deprive the right to use the housing of a family member who refuses to privatize it. Let me remind you that refusal to privatize is not a reason for depriving such rights. But the legislation provides for cases when the right to use housing premises can be deprived in court. This method is suitable in cases where such a family member leads an immoral lifestyle, does not pay for utilities, or creates emergency situations.

Another option is to check all those who do not agree to privatize the apartment for possible loss of their right to a one-time privatization. If during the inspection it turns out that they have lost such a right, this will mean that his consent to the privatization of housing is no longer required. You can safely start decorating.

How to privatize an apartment without the consent of one registered

Having housing is one of the conditions for a prosperous life, since it is much calmer to make plans and think about the future when there is a roof over your head. Citizens have the right to use housing, even if they are not registered .

The most common example is when residents rent an apartment from the owner on the basis of a rental agreement . If citizens officially registered at their place of residence, then the state grants them the right to privatize it as property.

Privatization is the transfer of housing from the state or municipal fund into the ownership of persons registered in the premises.

Having become full owners, residents of an apartment can not only own and use, but also fully manage it: register and expel persons registered in it from the apartment, sell, transfer by will, exchange, rent out.

• Conditions for privatization
• How to obtain consent for privatization?
• Is privatization possible without consent?
• Privatization of part of the apartment
• Judicial practice in housing disputes

To successfully implement privatization, you need to know the following:

• registered residents can initiate privatization
• Consent to the privatization must be obtained .
• A citizen who previously participated in privatization again .

The required package of documents must be submitted to the housing maintenance organization at the location of the premises to be privatized. This point often becomes the reason why citizens do not want to engage in privatization. They imagine long queues and endless paperwork, although in practice many institutions now have a system of pre- registration and electronic queues, which greatly simplifies the entire process of submitting documents.

How to obtain consent for privatization?

One of the principles on which privatization is based is the voluntary participation of citizens. That is why, when anyone registered in an apartment is against it , privatization most often becomes impossible .
It is impossible force privatization . You can try to convince a person to agree to privatization by telling him about its essence. Often, lack of understanding about something is frightening and becomes a reason for refusal. A person's awareness of his benefits received as a result of privatization can also change his opinion.

Is privatization possible without consent?

If a belief doesn't lead to anything, it doesn't mean everything is hopeless. There are situations when privatization is possible without the consent of any of the participants:

• If any of those registered have already participated in privatization, he does not have such a right again, and accordingly, his consent is not required ;
• If consent is not obtained from minors . For their refusal to have legal force, they must be supported by the guardianship and trusteeship authorities, but the likelihood of such a situation is negligible;
• a court decision that has entered into legal force to evict registered residents from the apartment, even if they had the right to participate in privatization;
• If the tenants are absent from the apartment for a long period of time, then by court decision they can be recognized as :
• Missing - if during the year there is no information about their whereabouts;
• Deceased - if nothing is known about them for five years. Accordingly, after the court decision enters into legal force, the consent of these persons to privatization is no longer required;
• If a citizen who has the right to participate in privatization, but refuses it, has his refusal certified by a notary, then the issue of starting privatization without his consent is possible in court.

Note! If a citizen decides to cancel his refusal, the privatization process will have to start all over again.

Privatization of part of the apartment

• When registered residents are faced with a situation of disagreement with the privatization of someone registered in an apartment, they have a legitimate question whether it is possible to privatize only part of the residential premises.
• Unfortunately, impossible an ordinary apartment , since it is considered as a single room where registered citizens live.
• The option when only part of the residential premises is privatized is possible only if the apartment is recognized as communal , in which each of the registered people has their own separate living space and pays separately for utilities.

Good to know! When starting the process of transferring an apartment from municipal to communal status, you should be prepared for the fact that this process will require a lot of time and running around the authorities. And there is no guarantee that all this will lead to a positive result.

How to privatize an apartment if not everyone agrees

Judicial consideration of privatization issues dates back to 1991 July 4, 1991 No. 1541-1 came into force .

The most common situations considered by the court :

• Citizens wishing to privatize housing go to court in connection with receiving an official refusal to participate in the privatization of any of the registered persons. The court makes a decision to allow privatization in the current situation or to refuse ;
• Consideration of requests for forced eviction of persons registered in residential premises. This is often due to their immoral and socially dangerous behavior;
• Recognition of citizens as missing or dead ;
• of minors in a privatization agreement .

Unfortunately, some unscrupulous citizens, wanting to achieve privatization at any cost, provide the court with deliberately false information about relatives registered in residential premises and their whereabouts.

Thus, they seek permission to conclude a privatization agreement. But if the deception is discovered, the deal will be declared void and the contract will be officially terminated.

Privatization of an apartment without the consent of the participant

Despite a number of advantages of municipal housing, such as tax exemption, home repairs at the expense of the state, reduction of utility bills, protection from fraudsters, guarantees of receiving housing to replace the one lost in the event of a fire, and others, the privatization of an apartment is a pressing issue. This is primarily due to the fact that when you receive living space as your own, you can dispose of it entirely at your own discretion. This is necessary if the owner intends to sell the property, exchange it for another property, bequeath it to an heir, give it as a gift, rent it out, or register it to someone.

Basic Concepts

To privatize an apartment if one of the people living in it prevents this, you can start by finding out what this person’s rights to privatization are in general. According to the law, all citizens have the right to privatize housing if they:

• registered at the place of residence in this apartment on a permanent basis;
• have not participated in privatization before.

Regardless of how long a citizen lives in an apartment, if he has a temporary registration in this living space, he does not have the right to vote regarding privatization and cannot become a participant in it.

Also, a citizen who was previously a participant in it cannot influence the decision on privatization. In this case, his consent will not be required at all, since, according to Russian legislation, it is possible to become a participant in privatization only once.

When there are objections

In the case when all residents have the right to privatize the property, but the consent of one of them cannot be achieved for some reason, difficulties arise.

Moreover, if a family lives in a municipal apartment in which only one person is registered in this living space, who does not give consent, the remaining consenting participants have the right to demand the legal eviction of unregistered citizens. This can be done in a fairly short time by writing just one statement of claim to the court.

When the tenant is away

To privatize a municipal apartment, the consent of a citizen evicted by a court order is not required; his opinion will no longer be taken into account. However, when submitting an application and documents for re-registration, a court order on discharge must be provided.

How to be

But what to do if all registered residents have the right to privatization, everyone is present, but one of them categorically refuses to give their consent and does not intend to formalize the refusal either. In this case, you can privatize only part of the apartment. The main issue here will be the division of living space.

All residents have the right to use the property, but in the case of division for privatization, in different shares. For example, if there are three rooms in an apartment, one of which is occupied by one of those who are against it, you can privatize housing without this room. Common areas will also be divided and a portion can be privatized, in proportion to the area of ​​the rooms that will be privatized.

If it is not possible to negotiate and document the division peacefully, the court will do it.

The calculation will proceed as follows: if, for example, two privatized rooms occupy half of the living space, the owners of the privatization are entitled to exactly half of all common areas. It is impossible to prohibit the use of any of them, but after re-registration it will be possible to sell your share.

Privatization of part of an apartment with the disagreement of one of the residents

Good afternoon I live in a 3-room non-privatized apartment with my uncle. He wants to split his personal account and privatize 1/2 of the apartment.

Can he do this (privatize 1/2 apartments) without my consent? Thank you! Answer: Hello.

Yes, it can, but only through a court decision if you disagree with privatization. Therefore, either decide with him on controversial positions through amicable negotiations, or resolve the issue and defend your rights in court. If there are difficulties, contact a lawyer. Sincerely, Irina Nevalennaya.

Partial privatization of housing: is it possible?

The law allowing the privatization of residential premises has been in force for several years, but citizens still have many problems with how to properly register ownership of housing and how the procedure goes.

There are often situations when residents do not reach an agreement and one of them objects to privatization. Then the question is quite logical: is it possible to privatize part of the apartment and register the share as ownership. To answer this, you need to understand the legal requirements.

What does the law on privatization say?

Citizens living in municipal housing have the right to purchase it as their property free of charge once. By the way, minors retain the right to take part in privatization once again upon reaching the age of 18.

• In order to privatize residential premises, you must obtain the consent of all residents living in it, including minors from 14 to 18 years old.
• Privatization is carried out into common joint or shared ownership, and if one person is a participant, then into personal ownership.
• If there is an agreement between the owners, the shares may be unequal.

If one of the residents refuses to participate in the privatization program, he must document his decision. To do this, you need to contact a notary office, where you will write a refusal in favor of other residents, which will be certified by a notary. The relinquished share will be equally distributed among the remaining participants in the property.

A citizen who refuses privatization retains the right to permanent residence and use of residential premises. No one can evict him from his home.

Refusal is different from disagreement. In the first case, privatization will take place, but without the participation of the person who refused. In the second case, if one of the residents does not want to receive ownership of the apartment, it is impossible to force him.

How to privatize part of the housing

As Russian civil legislation states, an apartment or house is an integral indivisible object and the transfer of ownership of a part of it is not allowed.

Consequently, privatization of a part of an apartment is possible only if this part is allocated to separate housing, equipped with its own entrance and represents a separate living space suitable for living. To confirm this fact, an examination of the object and a conclusion from a BTI technician are necessary.

But is it possible to partially privatize an apartment? As a rule, partial privatization means the transfer of ownership of rooms in a communal apartment, where residents have separate personal accounts. If rooms in a communal apartment are privatized, then the share of ownership will correspond to the size of the occupied room, and in the total amount the shares of all owners will be equal to one.

There is a longer and more difficult way to privatize part of an apartment: concluding a separate social tenancy agreement.

The situation with the free purchase of housing in Russia still remains quite difficult, given the high prices for real estate. Often, several families (generations) living in the same residential area have complex and strained relationships. The only way out is to leave.

If you cannot find an exchange, you can proceed as follows. Residents determine the procedure for using residential premises: voluntarily or through the court. Then you need to contact the municipality (the owner of the property) to conclude a separate social rental agreement, i.e. turn living space into communal space. And then privatize the allocated room.

In practice, this procedure is not often encountered; in addition, the number of rooms and people living in the living space are of great importance. Thus, it is unlikely that it will be possible to conclude a separate rental agreement in a two-room apartment. In addition, there must be compelling reasons for concluding a separate rental agreement and allocating a personal account.

Features of the privatization of communal services

If you live in a communal apartment, it will be useful for you to know that their privatization has some features.

Thus, partial privatization of an ordinary municipal apartment is not permitted by law. It is allowed to transfer into ownership a part of it allocated in kind (representing an independent object) or a room in a communal apartment.

How to privatize an apartment without the consent of the other residents?

In order to privatize an apartment, you must obtain the consent of all residents who are enrolled in it. But very often it happens that not all residents agree to this, what to do in this case? How to privatize an apartment without the consent of other residents?

First of all, you need to understand whether they (the people living in this apartment) have rights to privatization and how you can influence your relatives to change their decisions.

It should be noted that every apartment tenant has the right to privatization, but this applies only to those who are registered in the apartment.

Remember, when privatizing an apartment, the opinions of such “temporary residents” have no weight.

Well, if you have already privatized an apartment, then you do not have the right to repeat this procedure again, since you have already exercised your right.

In addition, you do not have the right to vote if you have already gone through the privatization procedure and own an apartment, dacha or other living space, even if you are registered there, when privatizing an apartment in the name of your relative, your vote will not be counted.

How to privatize an apartment if the registered residents no longer live there?

It often happens that several people are registered in an apartment, but only two or three actually live there, the rest have long since changed their place of residence.

In this case, before registering ownership of the apartment, you can submit an application to the court to deregister these people, since over time, each tenant loses the right to use the living space if he does not live at his place of registration for a long time.

You can also evict and privatize an apartment without the consent of those residents whose residential addresses you do not know. But only if they do not have a security certificate. In this case, you can recognize that these people are missing.

When privatizing an apartment, the consent of a tenant previously evicted by a court decision is not necessary, because his vote is not counted in this procedure. But, in this case, when submitting documents for registration of living space, you will need to provide an extract from the court decision.

What to do if tenants do not give consent?

You can threaten them that if they do not give their consent, then you will not allow them to register their husbands, wives, children in this apartment in the future, because unregistered people do not have the right to live in municipal housing.

Also, you need to explain to your relatives that the apartment will be privatized in the name of one person, but all residents registered in it will have their share, that is, it will be the shared ownership of the family.

Well, if, say, your daughter lives in your apartment with her family, who does not give consent, but only she is registered at the place of residence, then you can threaten her with eviction from her husband’s apartment, since he is illegally living on your territory.

To do this, it is enough to write an application to the court, and the illegally residing citizen will quickly be evicted from the apartment. After filing a claim, a subpoena will be sent to this person; as a rule, this subpoena is enough to obtain consent to privatize the apartment.

Please note that a municipal apartment can be obtained as common property or registered as the property of one family member.

Is it possible to privatize part of an apartment without the consent of the tenant?

In fact, the same package of documents is submitted to the court as for the privatization of an apartment. In addition to the above, information about changes of surnames and certificates of place of residence may be required if citizens were checked out of the apartment, as well as other documents and certificates.

1. If the reason for disagreement is the fear of paperwork associated with the process, invite the person to issue a power of attorney for the preparation of documents. In addition, there is a type of power of attorney for privatization, according to which you can carry out the procedure from beginning to end. So a citizen will only need to visit a notary, and if he has some money, even invite him to his home. You can also collect all documents in one institution by contacting the MFC.
2. In some cases, the reason for the refusal is plans to obtain other housing in the future and privatize it. A citizen refuses to privatize the premises in which he is currently registered due to the loss of the right to free privatization.

Partial privatization of housing: is it possible?

The situation with the free purchase of housing in Russia still remains quite difficult, given the high prices for real estate. Often, several families (generations) living in the same residential area have complex and strained relationships. The only way out is to leave.

If you cannot find an exchange, you can proceed as follows. Residents determine the procedure for using residential premises: voluntarily or through the court. Then you need to contact the municipality (the owner of the property) to conclude a separate social rental agreement, i.e. turn living space into communal space. And then privatize the allocated room.

How to privatize an apartment without the consent of one of the registered

When it comes to real estate manipulation, a wide variety of problems can arise. One of them is the disagreement of all residents of the premises to sign the privatization agreement. Then the question arises: is it possible to privatize part of the apartment? After all, every person needs personal space and living space, but not everyone can agree with the other residents.

Is it possible to privatize part of an apartment without the consent of one of the registered residents? The apartment is a single object, so it is impossible to make part of it privatized and leave part in municipal ownership. It can be privatized either by one person or by several as shared ownership.

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Is privatization possible without the consent of the registered

The use of housing owned by the municipality has a number of advantages, which is reflected in exemption from additional tax obligations, the need to use your own funds for home repairs, protection from fraudulent activities, etc.

The lack of consent of one of the registered persons for the privatization of municipal square meters may cause a refusal to carry out such a procedure on the part of government bodies. The legislation, which is in force throughout 2023, contains a certain list of situations in which privatization can be carried out without the unanimous consent of those registered.

Features of housing privatization when there are disagreements between residents

There are always exceptions to any rule. This also applies to the privatization law. In some cases, it is possible to re-register the living space even without the consent of one of those registered in it. Usually this situation is resolved through court. Before filing a claim, it makes sense to find out whether the consent of the relatives living in it is required at all.

In most cases, privatization of an apartment without the permission of one of the residents is impossible. According to the law, before submitting an application for privatization, it is necessary to obtain a refusal or consent from all residents. If at least one of them protests, the apartment will have to be privatized through the courts.

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If the child has a share in the apartment, even the parents themselves will find it extremely difficult to sign their child out. The purchase and sale of an apartment and other manipulations with the size of housing and property rights in it can lead to a deterioration in the child’s living conditions and a violation of his rights. And the guardianship and trusteeship authorities may demand to stop the purchase and sale of housing.

It is worth noting that if a wife wants to discharge her husband, and he is an employer, then he will be discharged along with all family members. If you are divorced and your ex-husband lives with you, then write him out without violating Art. 83 of the RF Housing Code is not possible. However, if your ex-spouse owns another home, go to court.

Privatize a share in a municipal apartment

But here’s the catch - housing is an integral object, so the privatization process must also concern the entire living space. There are certain methods by which you can organize resettlement with relatives, however, they are not particularly reliable.

The area of ​​living quarters in the communal apartment is added, and then the amount must be divided by the area of ​​the room that has been privatized. The value that came out will be the value of the share belonging to the new owner in the commonly used premises. All calculations performed must be certified in writing, with the signatures of other citizens living in the communal apartment.

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If an exchange agreement has not been reached between the tenant of a residential premises under a social tenancy agreement and the members of his family living with him, any of them has the right to demand a forced exchange of the occupied residential premises in court. At the same time, attention-worthy arguments and legitimate interests of persons living in the exchanged residential premises are taken into account.

Is it possible to privatize part of an apartment without the consent of the main tenant? Can I change my apartment if the main tenant is against it? They don’t give me the opportunity to live in the apartment; I pay the rent regularly, alternately with the main tenant, month after month.

Responsible tenant in a privatized apartment

• comply with the law regarding cohabitation in a municipal house;
• use housing in accordance with its intended purpose, if the intended purpose changes, draw up all the necessary documents;
• pay utility bills on time;
• participate in the implementation of major repairs if the housing is located in a municipal building.

The responsibilities of the responsible tenant are listed in Art. 681 of the Civil Code of the Russian Federation, articles 36.48 of the Housing Code of the Russian Federation. In addition to maintaining full compliance with sanitary standards, the responsible tenant of a privatized apartment is obliged to:

How to privatize an apartment without the consent of other residents

When privatizing an apartment, the consent of a tenant previously evicted by a court decision is not necessary, because his vote is not counted in this procedure. But, in this case, when submitting documents for registration of living space, you will need to provide an extract from the court decision.

It often happens that several people are registered in an apartment, but only two or three actually live there, the rest have long since changed their place of residence.

In this case, before registering ownership of the apartment, you can submit an application to the court to deregister these people, since over time, each tenant loses the right to use the living space if he does not live at his place of registration for a long time.

You can also evict and privatize an apartment without the consent of those residents whose residential addresses you do not know. But only if they do not have a security certificate. In this case, you can recognize that these people are missing.

What to do if not everyone wants to Privatize an Apartment

If you do not privatize the apartment, you can only count on living in one or another housing. And nothing more. It won't be possible to manage it. Such rights remain with the property owners.

Some people are interested in why it is necessary to privatize an apartment. Based on all of the above, we can come to the conclusion that a citizen living in the territory under a social tenancy agreement cannot be kicked out onto the street. He will have the right to lifelong use of one or another housing.

Is it possible to privatize an apartment if not everyone agrees, and how to do it

If one of those registered and legally living in the apartment does not want to privatize it, registration will be complicated. This is especially true in cases where there is no request for self-recusal formalized by a notary.

There are often situations when residents do not express a desire to participate in the process and do not want to sign waiver papers. In this case, the initiator of the procedure needs to take some legal actions.

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

Most often, the interested party has to resort to judicial assistance, since the residents do not want to divide the apartment and give consent to privatization, since they themselves did not plan to carry out the procedure in question.

The use of a municipal apartment by registered persons will be no different from the distribution of responsibilities when using a privatized apartment; accordingly, in order to go to court and privatize housing without obtaining the consent of other persons, the following is necessary:

1. Record violations by residents. This primarily concerns payment of utilities. The obligation is considered not fulfilled when the tenant does not pay his part of the bills for six months or more.
2. Collect documents, namely unpaid receipts and draw up a statement of claim. It is important to indicate the reasons why the person wants to expel the offender from the apartment, backing this up with real facts.
3. Decision making and discharge. The court makes a decision, after which the registration is automatically terminated.

Ways to decide how to privatize an apartment without the consent of one or all registered residents

You should not mislead the court and discharge any tenant without good reason. Even if the court decision is positive, and the apartment is registered as ownership without the participation of the deregistered person, he can file a counterclaim and restore his rights.

How to privatize an apartment without the consent of everyone who is registered in it or if not everyone agrees? If one of several residents wants to participate in privatization, you can try to register part of the apartment as ownership.

Is privatization possible without the consent of the registered

The only justification for the possibility of not using the consent of a tenant of this category is a court decision, the operative part of which deals with the loss of the tenant's right of residence and the procedure for deregistering the said person.

An important place in the topic of municipal housing is given to its privatization, which implies the transfer of ownership rights from the municipality to residents. The transfer of rights to housing allows owners to dispose of their own square meters, donate, bequeath and register in an apartment, rent it out or exchange it.

How to privatize an apartment if not everyone registered agrees

• it is checked whether it is possible to physically allocate shares in the apartment in natural quantities;
• an expert assessment of the market value of the entire home is carried out, taking into account many determining factors;
• the price of the allocated shares is determined.

An agreement is concluded on the allocation of specific shares in the apartment.

The signing of the agreement takes place subject to the written consent of each assigned tenant.

The agreement must be notarized.

Based on the agreement concluded between the apartment residents, a request is submitted to the BTI to create a new technical passport.

The technical documentation indicates the boundaries of the allocated shares.

How to privatize an apartment if one of those registered is against

Evict the person who disagrees from the apartment through the court. This is possible if the citizen does not use the residential premises, and his absence is permanent and not temporary.

At the same time, fees for social rent and utility bills are paid by other family members, and witness testimony and other evidence indicate that the citizen has long changed his place of residence and thereby terminated the social tenancy agreement in relation to himself.

After such a person is discharged from the apartment, privatization can begin without his consent.

Amount of penalty for non-payment of alimony

Please help me resolve the issue. We want to privatize the apartment. It was received by our grandfather in the early 80s. Since then, the grandfather moved to live in his own house and left the apartment with his grandmother.

Now there are eight of us registered in this apartment, including our adult children. But two relatives do not want to privatize the apartment for everyone. They believe that our children should be discharged and privatized fairly for only five, which I cannot agree to.

What methods are there to force relatives to forcibly privatize an apartment?

Legal advice, assistance in Novokuznetsk

If your sister has no desire to register ownership of the home, she can give her consent to you and your son privatizing the apartment yourself without her participation. In this case, she will retain the right to live in the apartment indefinitely. That is, you will not be able to deprive her of registration; she will be able to move out only of her own free will.

A very important and most difficult point: you will have to find housing options on your own before the trial. That is, for example, you and your son will have one apartment, and your sister will have a second apartment. Of course, housing should be socially rented.

And the residents of these apartments must give written consent to the exchange. Most likely, finding such an option will not be easy.

Contact your municipality, maybe local authorities will help you with your search, advertise in your local newspapers, ask your friends.

Features of privatization of an apartment without the consent of one registered

• Recognized by the commission as dilapidated and threatening the life and safety of residents;
• The building has the status of a hostel (the status can be removed by local authorities or organizations on whose balance sheet it is listed);
• Located on the territory of a garrison or military unit.

It is impossible to privatize an apartment if one of the registered citizens refuses. Real estate is considered a common municipal asset, so allocating a share for privatization while the other part remains state-owned is impossible.

Non-privatized apartment: rights of residents and landlord

• directly reside in it;
• register relatives, family members or other persons with the consent of the residents living with him who have reached the age of majority, and for each of them the total housing area must be at least 6 square meters. m. in accordance with the Housing Code, which establishes social norms;
• sublease to temporary residents, providing them with shared accommodation;
• exchange for equivalent other living space.

The above categories of persons have the right to draw up a social tenancy agreement in their name, which is guaranteed by the Housing Code.

But for this it is necessary that their data be included in the original version of the contract, and also that the remaining family members and other persons equal to them in rights give their consent. It is also necessary to agree with the body representing the interests of the landlord - the state in whose ownership the premises are located.

What will happen if you don’t privatize the apartment: everyone is for or against housing privatization

Another category of citizens in dire need of social protection are pensioners. And, therefore, it is impossible not to mention the pros and cons of housing privatization for this particular group of people.

As a rule, the decision on the issue of re-registration of the type of ownership of an apartment for a pensioner depends on his financial situation and the presence of close relatives who are ready to take care of the elderly citizen.

Let us explain with examples why the situation is this way.

However, it is worth noting that, under certain circumstances, a non-privatized apartment can be seized for debts. As a rule, this happens if the state acts as a “creditor”.

At the same time, if the debt is of a private nature (for example, it is a loan from a non-state bank), a non-privatized apartment will not be able to be taken away from the borrower.

Privatization of an apartment if one of the residents does not agree

• a copy of the social tenancy agreement (or move-in order);
• information about the absence of debts - a personal account statement or a certificate from the housing department;
• a copy of an extract from the house register (certificate);
• confirmation of payment of the state duty (receipt);
• copies + originals of passports.

Invite your brother to write a waiver and have it certified by a notary. This will make it possible to privatize housing without his participation. If the brother does not want to draw up a notarized refusal, you have the right to write him out of the living quarters. Write a complaint to the local administration, draw up a statement of claim. Convincing evidence will be absence from the place of residence, non-payment of housing and communal services, as well as lack of assistance in everyday matters. If the court sides with you, you will be able to carry out privatization without the participation of your brother. However, if he does not have alternative accommodation, difficulties will arise.

Is it possible to privatize an apartment without the consent of one of the registered

Privatization is the process of free transfer of state or municipal property into the ownership of citizens.

• If the tenant is found to have registered ownership of another property . This circumstance gives every right to deprive him of registration in municipal housing. Since the granting of such a right is based on the condition that this citizen has nowhere to live and needs state help. However, a tenant is not prohibited from renting out his existing municipal housing for short-term rent if he has temporary registration in another place.
• Use of housing for other purposes . The main purpose of an apartment is for people to live in it. If any human activity does not provide the opportunity for normal living in a given apartment, then this is a violation of the law, and accordingly gives the owner the right to evict the tenant. For example, non-intended use includes organizing a room for keeping pets, opening a warehouse, using it as a recording studio, using it as an office, and other similar actions.

Privatization of an apartment without the consent of the participant

As you know, the process of transferring real estate from the ownership of the state, municipality, to an individual is regulated by Russian legislation in a strict and clear manner. According to it, a municipal apartment can be privatized only with the consent of all residents, that is, those registered in it.

But, unfortunately, sometimes it happens that one of the citizens registered in the apartment is against re-registration or does not want to become a participant in it. If it is not possible to obtain consent from such a person, other residents are often lost and begin to act incorrectly or not act at all.

Therefore, let’s look at how you can get out of the situation if one thing is missing: the tenant’s consent.

There are cases when it is impossible to obtain the consent of one of the registered residents due to the absence of this person, who, for example, changed his place of residence quite a long time ago.

In this situation, you can re-register an apartment by filing an application with the court at the location of the municipal apartment with a request to remove this person from registration.

According to the law, if a citizen does not appear at his place of registration for a long time, he loses his right to use it and, accordingly, the right to living space. In this case, it does not matter at all whether the new place of residence of the absent person is known or not.

You can also file a claim to declare an absent citizen missing, however, in this case the legal process will drag on, and ultimately the request may be rejected altogether if the missing person turns up.

How to privatize an apartment without the consent of one registered

Not all residents living in an apartment have the right to take part in its privatization. Therefore, before trying to resolve the issue judicially, it is necessary to find out whether they fall into one of the categories:

To privatize housing, you must be registered in it. Those residents who simply live in an apartment, without registering, but having registered elsewhere, cannot privatize it. Therefore, in order to privatize an apartment, the consent of all residents officially living in it is required. If any of them refuses, then it is necessary to look for legal ways to solve this problem.

How to privatize an apartment without the consent of one registered

In any case, if you believe that you have the right to privatization without the consent of your cohabitant, you will have to defend this point of view in court. Such a reason could be, for example, a person’s unlawful behavior, health and mental problems, and other dangerous social phenomena.

If members of one family want to divide one apartment into several separate parts, i.e. to make it communal, they need to contact the municipality, that is, the owner of the property on behalf of the state.